Is There a Conjunction Fallacy in Legal Probabilistic Decision Making?

PubMed Central

Wojciechowski, Bartosz W.; Pothos, Emmanuel M.

2018-01-01

Classical probability theory (CPT) has represented the rational standard for decision making in human cognition. Even though CPT has provided many descriptively excellent decision models, there have also been some empirical results persistently problematic for CPT accounts. The tension between the normative prescription of CPT and human behavior is particularly acute in cases where we have higher expectations for rational decisions. One such case concerns legal decision making from legal experts, such as attorneys and prosecutors and, more so, judges. In the present research we explore one of the most influential CPT decision fallacies, the conjunction fallacy (CF), in a legal decision making task, involving assessing evidence that the same suspect had committed two separate crimes. The information for the two crimes was presented consecutively. Each participant was asked to provide individual ratings for the two crimes in some cases and conjunctive probability rating for both crimes in other cases, after all information had been presented. Overall, 360 probability ratings for guilt were collected from 120 participants, comprised of 40 judges, 40 attorneys and prosecutors, and 40 individuals without legal education. Our results provide evidence for a double conjunction fallacy (in this case, a higher probability of committing both crimes than the probability of committing either crime individually), in the group of individuals without legal education. These results are discussed in terms of their applied implications and in relation to a recent framework for understanding such results, quantum probability theory (QPT). PMID:29674983

Health sciences librarians and mental health laws.

PubMed Central

Hartz, F R

1978-01-01

Two U.S. Supreme Court decisions, O'Connor v. Donaldson and Bounds v. Smith, hold important implications for health sciences librarians serving in mental health facilities. The first, O'Connor, with its many ancillary holdings, puts mental health personnel on notice that patients have certain basic rights, which courts all over the country will now be required to enforce. In Bounds the court has ruled that prison authorities must assist prison inmates in preparing and filing legal papers. The ruling will most likely benefit all mentally disabled prisoners, and future litigation may expand this category to include: (1) persons committed under the criminal code, (2) persons under involuntary commitment not related to the criminal code, and (3) persons voluntarily committed. A selective annotated bibliography, consisting of background readings in mental health and the law, basic rights, law library materials, and mental health legal services, has been compiled to help librarians establish and develop legal collections in anticipation of court decisions that will expand the conditions of Bounds to include all mentally disabled patients. PMID:361117

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

PubMed

Smets, H; Verelst, R; Vandenberghe, J

2009-01-01

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

Indigenous Legal Translators: Challenges of a University Program for the Maya of Guatemala.

ERIC Educational Resources Information Center

Herrera Pena, Guillermina; Raymundo, Jorge Manuel

1998-01-01

Guatemala is overhauling its justice system to be more congruent with its indigenous reality. A Rafael Landivar University program trains indigenous legal translators not only in legal and linguistic aspects, but also in strengthening indigenous identity and student commitment to the community. Challenges and future plans are described. A former…

Advance market commitment for pneumococcal vaccines: putting theory into practice

PubMed Central

Cernuschi, Tania; Schwalbe, Nina; Jones, Andrew; Berndt, Ernst R; McAdams, Susan

2011-01-01

Abstract Markets for life-saving vaccines do not often generate the most desired outcomes from a public health perspective in terms of product quantity, quality, affordability, programmatic suitability and/or sustainability for use in the lowest income countries. The perceived risks and uncertainties about sustainably funded demand from developing countries often leads to underinvestment in development and manufacturing of appropriate products. The pilot initiative Advance Market Commitment (AMC) for pneumococcal vaccines, launched in 2009, aims to remove some of these market risks by providing a legally binding forward commitment to purchase vaccines according to predetermined terms. To date, 14 countries have already introduced pneumococcal vaccines through the AMC with a further 39 countries expected to introduce before the end of 2013. This paper describes early lessons learnt on the selection of a target disease and the core design choices for the pilot AMC. It highlights the challenges faced with tailoring the AMC design to the specific supply situation of pneumococcal vaccines. It points to the difficulty – and the AMC’s apparent early success – in establishing a long-term, credible commitment in a constantly changing unpredictable environment. It highlights one of the inherent challenges of the AMC: its dependence on continuous donor funding to ensure long-term purchases of products. The paper examines alternative design choices and aims to provide a starting point to inform discussions and encourage debate about the potential application of the AMC concept to other fields. PMID:22271949

Enhancing Civic Consciousness through Student Pro Bono in Legal Education

ERIC Educational Resources Information Center

Babacan, Alperhan; Babacan, Hurriyet

2017-01-01

A key aim of encouraging law students to participate in student pro bono, a form of experiential learning in legal education, is to develop their commitment to volunteer lawyering after graduation. This paper examines student pro bono in legal education in Australia and the United States. A critical review of the current approaches to student pro…

30 CFR 778.16 - Status of unsuitability claims.

Code of Federal Regulations, 2010 CFR

2010-07-01

... INTERIOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SYSTEMS UNDER REGULATORY PROGRAMS PERMIT APPLICATIONS-MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED... assertion that the applicant made substantial legal and financial commitments before January 4, 1977...

48 CFR 801.602-3 - Ratification of unauthorized commitments.

Code of Federal Regulations, 2010 CFR

2010-10-01

... VETERANS AFFAIRS GENERAL DEPARTMENT OF VETERANS AFFAIRS ACQUISITION REGULATION SYSTEM Career Development... individual responsible for the unauthorized commitment. (2) The contracting officer will review the file and... approving authority determines that a legal review would be desirable, the approving authority will...

The Legal Framework for Care and Treatment of the Mentally Ill. Staff Brief 86-7.

ERIC Educational Resources Information Center

Russell, Pam

This report was prepared for the Wisconsin State Legislative Council's Special Committee on Mental Health Issues. It summarizes legal issues and procedures relating to the admission, commitment, and treatment of the mentally ill in Wisconsin. Part I sets forth legal definitions of certain key mental health terms, including mental illness as it is…

What about ex post facto

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

McKee, H.C.

This note presents a legal question in an attempt to find an answer. The author hopes that some legal scholar can explain the principle of ex post facto in the US Constitution as it applies to some of the environmental laws. One of the major advantages of the Association is that it provides a forum for communication among members with different backgrounds and experience. An ex post facto law is one that is applied retroactively. Under such a law, a person could be punished for some act that violated a law passed after the act was committed, even though themore » act was legal when committed. The US Constitution prohibits such laws, as will be discussed later. States are also prohibited from enacting ex post facto laws.« less

Nuclear Arms Control, Nonproliferation, and Counterterrorism: Impacts on Public Health

PubMed Central

Pregenzer, Arian

2014-01-01

Reducing the risks of nuclear war, limiting the spread of nuclear weapons, and reducing global nuclear weapons stockpiles are key national and international security goals. They are pursued through a variety of international arms control, nonproliferation, and counterterrorism treaties and agreements. These legally binding and political commitments, together with the institutional infrastructure that supports them, work to establish global norms of behavior and have limited the spread of weapons of mass destruction. Beyond the primary security objectives, reducing the likelihood of the use of nuclear weapons, preventing environmental releases of radioactive material, increasing the availability of safe and secure nuclear technology for peaceful purposes, and providing scientific data relevant to predicting and managing the consequences of natural or human-caused disasters worldwide provide significant benefits to global public health. PMID:24524501

A comparison of the legal frameworks supporting water management in Europe and China.

PubMed

Yang, X; Griffiths, I M

2010-01-01

This paper has compared the legal frameworks supporting water management in Europe and China, with special focus on integrated river basin management (IRBM) to identify synergies and opportunities in policymaking and implementation. The research shows that China has committed to the efficient management of water resources through various policy tools during the current period. This commitment, however, has often been interrupted and distorted by politics, resulting in the neglect of socioeconomic and environmental priorities. The European legal framework supporting water management underwent a complex and lengthy development, but with the adoption of the Water Framework Directive provides a policy model on which to develop an integrated and sustainable approach to river basin management, elements of which may help to meet the demands of the emerging 21st century Chinese society on these critical natural resources.

Legal status and source of offenders' firearms in states with the least stringent criteria for gun ownership.

PubMed

Vittes, Katherine A; Vernick, Jon S; Webster, Daniel W

2013-02-01

Gun possession by high-risk individuals presents a serious threat to public safety. U.S. federal law establishes minimum criteria for legal purchase and possession of firearms; many states have laws disqualifying additional categories for illegal possession. We used data from a national survey of state prison inmates to calculate: 1) the proportion of offenders, incarcerated for crimes committed with firearms in 13 states with the least restrictive firearm purchase and possession laws, who would have been prohibited if their states had stricter gun laws; and 2) the source of gun acquisition for offenders who were and were not legally permitted to purchase and possess firearms. Nearly three of ten gun offenders (73 of 253 or 28.9%) were legal gun possessors but would have been prohibited from purchasing or possessing firearms when committing their most recent offense if their states had stricter prohibitions. Offenders who were already prohibited under current law acquired their gun from a licensed dealer, where a background check is required, five times less often than offenders who were not prohibited (3.9% vs. 19.9%; χ(2)=13.31; p≤0.001). Nearly all (96.1%) offenders who were legally prohibited, acquired their gun from a supplier not required to conduct a background check. Stricter gun ownership laws would have made firearm possession illegal for many state prison inmates who used a gun to commit a crime. Requiring all gun sales to be subject to a background check would make it more difficult for these offenders to obtain guns.

13 CFR 108.230 - Private Capital for NMVC Companies.

Code of Federal Regulations, 2010 CFR

2010-01-01

... Company, plus unfunded binding commitments by Institutional Investors (including commitments evidenced by... Federal agency or department. (4) Any portion of a commitment from an Institutional Investor with a net... commitment from an investor if SBA determines that the collectability of the commitment is questionable. (d...

Private Militias: The Cancer of the American Society

DTIC Science & Technology

2001-04-01

large legal settlements against the traditional hate groups (the Ku Klux Klan and Aryan Nations), membership enrollment declined in the 1990s; whereas...the legal settlements against the “hate groups” have driven many of their members to either seek out other organizations with shared beliefs or to...take away the legal rights of Americans, committed the OKC bombing, spread toxins across America via contrails from aircraft, attempted to cause a

Transnational Threats: Blending Law Enforcement and Military Strategies

DTIC Science & Technology

2000-11-01

Providing Humanitarian Assistance Following NBC Accidents/Incidents: The Legal Considerations, Colorado Springs, CO: Institute for National Security Studies...draft of a position on cyber crime .36 The draft focused on such issues as extradition, mutual legal assistance, and trans-border computer searches. These...warfare also raises specific legal issues related to computer crime : what is a crime , who commits it, and what does the law say about it? 21. A

Connecticut Women's Education and Legal Fund Annual Report, 2007-2008

ERIC Educational Resources Information Center

Connecticut Women's Education and Legal Fund, 2008

2008-01-01

Connecticut Women's Education and Legal Fund (CWEALF) is a statewide non-profit organization dedicated to empowering women, girls and their families to achieve equal opportunities in their personal and professional lives. Members are guided by their commitment to feminism, diversity, empowerment, personal responsibility and self-sufficiency,…

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…

A 'new' psychological contract for nurses: some management implications.

PubMed

Cavanagh, S J

1996-03-01

Changes within the health services are raising a number of employment issues for nurses. The idea that a professional qualification and a job will lead to security of employment and career development is rapidly changing. These assumptions, the 'old' psychological contract, is giving way to new expectations from employers and employees; the emergence of a 'new' psychological contract. A psychological contract is an implicit agreement between employer and employee that each party will treat the other fairly. Such contracts are maintained by virtue of all parties wanting to seek agreement on issues where possible and to maintain trust. While such a contract is not a legally binding agreement it is nonetheless a binding understanding between people. Changes to this psychological contract can have important implications for individuals and their employer in terms of work and organizational commitment. This paper will discuss some of the issues surrounding psychological contracts and the impact of violating them. It will also discuss, from a management perspective, how psychological contracts develop between employer and employee, and how to form a 'new' psychological contract based upon mutual benefit and shared values.

Predictors of the sex offender civil commitment trial outcomes in New York State.

PubMed

Lu, Yunmei; Freeman, Naomi J; Sandler, Jeffrey C

2015-10-01

The present study analyzed sex offender civil management (i.e., civil commitment) legal proceedings in New York State and identified factors that predict trial results. Specifically, the current study compared a sample of 38 sex offenders who were released to the community after winning their civil management trials to 183 sex offenders who lost their civil management trials. Additionally, for the 183 sex offenders who lost their civil management trials, the current study compared 146 offenders who were ordered to inpatient civil commitment to 37 offenders who were deemed fit for civil management in the community. Results of the analyses indicated that sexual criminality, sexual deviance, and criminality involving child victims increased the likelihood of offenders both losing their civil management trial and being found to be in need of inpatient care, while the presence of variables associated with nonsexual criminality increased the likelihood of offenders both winning their civil management trials and being deemed fit for management in the community. The findings of this study provide guidance for psychiatric examiners who testify in civil management legal proceedings, as well as for legal professionals specializing in civil management cases. (c) 2015 APA, all rights reserved).

Nuclear Arms Control, Nonproliferation, and Counterterrorism: Impacts on Public Health

DOE PAGES

Dreicer, Mona; Pregenzer, Arian

2014-04-01

Reducing the risks of nuclear war, limiting the spread of nuclear weapons and reducing global nuclear weapons stockpiles are key national and international security goals. They are pursued through a variety of international arms control, nonproliferation and counter-terrorism treaties and agreements. These legally binding and political commitments, together with the institutional infrastructure that supports them, work to establish global norms of behavior and have limited the spread of weapons of mass destruction. Beyond the primary security objectives, reducing the likelihood of the use of nuclear weapons, preventing environmental releases of radioactive material, increasing the availability of safe and secure nuclearmore » technology for peaceful purposes, and providing scientific data relevant to predicting and managing the consequences of natural or human-caused disasters world-wide provide significant benefits to global public health.« less

Assessing implementation mechanisms for an international agreement on research and development for health products

PubMed Central

Røttingen, John-Arne

2012-01-01

Abstract The Member States of the World Health Organization (WHO) are currently debating the substance and form of an international agreement to improve the financing and coordination of research and development (R&D) for health products that meet the needs of developing countries. In addition to considering the content of any possible legal or political agreement, Member States may find it helpful to reflect on the full range of implementation mechanisms available to bring any agreement into effect. These include mechanisms for states to make commitments, administer activities, manage financial contributions, make subsequent decisions, monitor each other’s performance and promote compliance. States can make binding or non-binding commitments through conventions, contracts, declarations or institutional reforms. States can administer activities to implement their agreements through international organizations, sub-agencies, joint ventures or self-organizing processes. Finances can be managed through specialized multilateral funds, financial institutions, membership organizations or coordinated self-management. Decisions can be made through unanimity, consensus, equal voting, modified voting or delegation. Oversight can be provided by peer review, expert review, self-reports or civil society. Together, states should select their preferred options across categories of implementation mechanisms, each of which has advantages and disadvantages. The challenge lies in choosing the most effective combinations of mechanisms for supporting an international agreement (or set of agreements) that achieves collective aspirations in a way and at a cost that are both sustainable and acceptable to those involved. In making these decisions, WHO’s Member States can benefit from years of experience with these different mechanisms in health and its related sectors. PMID:23226898

Assessing implementation mechanisms for an international agreement on research and development for health products.

PubMed

Hoffman, Steven J; Røttingen, John-Arne

2012-11-01

The Member States of the World Health Organization (WHO) are currently debating the substance and form of an international agreement to improve the financing and coordination of research and development (R&D) for health products that meet the needs of developing countries. In addition to considering the content of any possible legal or political agreement, Member States may find it helpful to reflect on the full range of implementation mechanisms available to bring any agreement into effect. These include mechanisms for states to make commitments, administer activities, manage financial contributions, make subsequent decisions, monitor each other's performance and promote compliance. States can make binding or non-binding commitments through conventions, contracts, declarations or institutional reforms. States can administer activities to implement their agreements through international organizations, sub-agencies, joint ventures or self-organizing processes. Finances can be managed through specialized multilateral funds, financial institutions, membership organizations or coordinated self-management. Decisions can be made through unanimity, consensus, equal voting, modified voting or delegation. Oversight can be provided by peer review, expert review, self-reports or civil society. Together, states should select their preferred options across categories of implementation mechanisms, each of which has advantages and disadvantages. The challenge lies in choosing the most effective combinations of mechanisms for supporting an international agreement (or set of agreements) that achieves collective aspirations in a way and at a cost that are both sustainable and acceptable to those involved. In making these decisions, WHO's Member States can benefit from years of experience with these different mechanisms in health and its related sectors.

Compulsory Schooling: The Legal Issue.

ERIC Educational Resources Information Center

Splaine, John

An examination of the school laws in the 50 states reveals that 47 have penalties that can result in forced incarceration for young people who do not attend school. In a five-year period, 341 young persons were committed to Maryland juvenile institutions for the crime of truancy. During the same time, 2,699 young people were committed to…

Commitment Without Marriage

PubMed Central

Reczek, Corinne; Elliott, Sinikka; Umberson, Debra

2011-01-01

The majority of Americans will marry in their lifetimes, and for many, marriage symbolizes the transition into long-term commitment. However, many Americans cannot legally marry. This article analyzes in-depth interviews with gays and lesbians in long-term partnerships to examine union formation and commitment-making histories. Using a life course perspective that emphasizes historical and biographical contexts, the authors examine how couples conceptualize and form committed relationships despite being denied the right to marry. Although previous studies suggest that commitment ceremonies are a way to form same-sex unions, this study finds that because of their unique social, historical, and biographical relationship to marriage and ceremonies, long-term same-sex couples do not follow normative commitment-making trajectories. Instead, relationships can transition more ambiguously to committed formations without marriage, public ceremony, clear-cut act, or decision. Such an understanding of commitment making outside of marriage has implications for theorizing alternative forms of union making. PMID:21814298

[Municipal Health Promotion in Germany: Duties, Rights and Potential].

PubMed

Walter, U; Volkenand, K

2017-04-01

Municipalities have an overarching structure in health promotion. Due to the right to self-government, municipalities are in charge of both voluntary and obligatory tasks. Some of the original and fundamental tasks can be summarized as "services to the public". Current common definitions do not include the term "health promotion". In the present study, a sub-target of a joint project, legal acts, requirements and recommendations were researched and analyzed. The results show substantive cornerstones of health promotion in various regulations of different disciplines. Based on these findings, health promotion can be interpreted as being part of services to the public. Currently the regulations for education, social tasks, environmental and consumer protection constitute the legal framework for community health promotion, but also include constitutions. They range from public international law to municipal resolutions. Quality management and also quality development are already an integral part in some communal departments. The management of structures, processes and results arises from commitments or measurable targets. In contrast, quality management for health promotion is not based on binding requirements. Specifications of other neighboring sectors (e. g. education, social sector) demonstrate the potential and effectiveness of legal policy guidelines, seen as a frame. A transparent communication about the current regulations is indispensable for formulating future guidelines. The German National Prevention Act opens opportunities for municipalities. However, its interpretation and local engagement will still guide the practice of communal health promotion. © Georg Thieme Verlag KG Stuttgart · New York.

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.

The Significance of Living Together and Importance of Marriage in Same-Sex Couples.

PubMed

Haas, Stephen M; Whitton, Sarah W

2015-01-01

Because marriage has been denied to same-sex couples, it is likely that the meaning and significance ascribed to non-marital cohabitation may be unique. Further, it is unclear whether same-sex couples view marriage as important to their relationships, and if they do, why. Using qualitative data from 526 individuals in cohabiting same-sex relationships across 47 states, we explored (1) the meaning and significance of cohabitation and (2) the perceived importance of legal marriage to the relationship. Participants viewed cohabitation as significant, most commonly because it indicates long-term commitment, provides emotional support, makes the couple a family, and allows them to share life together. Marriage was perceived as important to a majority (90%), most commonly because it confers financial and legal benefits, relational legitimacy, and demonstrates the same commitment as different-sex couples. Overall, findings highlight the symbolic significance of cohabitation and importance of access to legal marriage to adults in same-sex relationships.

[Involuntary commitment of the psychiatric patient: legal regulations and critical aspects].

PubMed

Ibáñez Bernáldez, M; Casado Blanco, M

2018-03-01

Traditionally, medical care received by psychiatric patients involved their separation from the society through their isolation in closed institutions, thereby setting a stigmatising trend on the sick, and by extension on mental illness, a practice that somehow has remained until now. The profound changes in the field of psychiatry have been important and are reflected in the therapeutic field, as well as in the legislative one, and have contributed to establish changes concerning the social opinion about psychiatric patients. The purpose of this article is to review, from the critical perspective, the current legislative framework concerning the situation of involuntary psychiatric commitment as a therapeutic measure in the psychiatric patient, as well as the legal medical practice which indicates the lack of legal skills and ethical and professional conduct arising in the field of primary care. Copyright © 2017 Sociedad Española de Médicos de Atención Primaria (SEMERGEN). Publicado por Elsevier España, S.L.U. All rights reserved.

Government regulation of sex and sexuality: in their own words.

PubMed

Gruskin, Sofia; Ferguson, Laura

2009-11-01

Criminalisation is but one of the tools employed by governments to regulate sex and sexuality. Other types of regulation can equally have an impact on health and well-being and thus merit consideration. While restrictive laws related to sexuality are often driven by moral argumentation, public health evidence and human rights norms highlight the need for supportive legal and policy environments. International legal commitments can serve as a check against national laws and policies which do not conform to international consensus. Reporting mechanisms which draw attention to affected populations in the context of HIV have provided a lens through which governments can begin to see the harms to health and well-being caused by their own regulation of sexuality. A review of 2008 self-reported legal and policy data from the 133 countries reporting under the Declaration of Commitment on HIV/AIDS offers important insights. International and national legal and policy environments relating to sexuality are evolving. By identifying dissonance between international standards and national laws and policies, a refocusing of efforts is possible, aiding governments to meet their international obligations and ensuring an appropriate environment for the free and safe expression of sexuality.

24 CFR 200.54 - Project completion funding.

Code of Federal Regulations, 2010 CFR

2010-04-01

... URBAN DEVELOPMENT GENERAL INTRODUCTION TO FHA PROGRAMS Requirements for Application, Commitment, and... project and to pay the initial service charge, carrying charges, and legal and organizational expenses...

[Core principles for the regulation of placement subject to public law in psychiatric hospitals - with explanations].

PubMed

2016-03-01

While the provisions of the highest courts concerning the involuntary commitment and treatment in psychiatric hospitals of people unable to give their consent are being implemented, in many federal states corresponding adjustments to the rules governing involuntary commitment in accordance with the mental health laws and laws on involuntary commitment are still pending. In states where new regulations do exist, legal experts express doubts that they conform to the Constitution and the UN Convention on the Rights of Persons with Disabilities. The DGPPN has formulated key parameters for involuntary commitment from a clinical perspective, which should be taken into account in the new regulations of the individual federal states.

European laws on compulsory commitment to care of persons suffering from substance use disorders or misuse problems- a comparative review from a human and civil rights perspective.

PubMed

Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne

2015-08-28

Laws on compulsory commitment to care (CCC) in mental health, social and criminal legislation for adult persons with alcohol and/or drug dependence or misuse problems are constructed to address different scenarios related to substance use disorders. This study examines how such CCC laws in European states vary in terms of legal rights, formal orders of decision and criteria for involuntary admission, and assesses whether three legal frameworks (criminal, mental and social law) equally well ensure human and civil rights. Thirty-nine laws, from 38 countries, were analysed. Respondents replied in web-based questionnaires concerning a) legal rights afforded the persons with substance use problems during commitment proceedings, b) sources of formal application, c) instances for decision on admission, and d) whether or not 36 different criteria could function as grounds for decisions on CCC according to the law in question. Analysis of a-c were conducted in bivariate cross-tabulations. The 36 criteria for admission were sorted in criteria groups based on principal component analysis (PCA). To investigate whether legal rights, decision-making authorities or legal criteria may discriminate between types of law on CCC, discriminant analyses (DA) were conducted. There are few differences between the three types of law on CCC concerning legal rights afforded the individual. However, proper safeguards of the rights against unlawful detention seem still to be lacking in some CCC laws, regardless type of law. Courts are the decision-making body in 80 % of the laws, but this varies clearly between law types. Criteria for CCC also differ between types of law, i.e. concerning who should be treated: dependent offenders, persons with substance use problems with acting out or aggressive behaviors, or other vulnerable persons with alcohol or drug problems. The study raises questions concerning whether various European CCC laws in relation to substance use disorder or misuse problems comply with international ratified conventions concerning human and civil rights. This, however, applies to all three types of law, i.e. social, mental health and criminal legislation. The main differences between law types concern legal criteria, reflecting different national priorities on implicit ambitions of CCC - for correction, for prevention, or for support to those in greatest need of care.

How could she? Psychosocial analysis of ten homicide cases committed by women.

PubMed

Hellen, Florence; Lange-Asschenfeldt, Christian; Ritz-Timme, Stefanie; Verhülsdonk, Sandra; Hartung, Benno

2015-11-01

Ten percent of all homicide perpetrators are female and homicidal acts committed by women are mostly a result of interpersonal conflicts. We carried out a retrospective psychosocial analysis of ten homicide cases committed by women with an urban mid-European background. We evaluated characteristic determinants regarding 1) deed circumstances and motives, 2) the perpetrators, and 3) the victims. Results were compared with the literature on female and male homicides. Autopsy records of the Institute of Legal Medicine of the University Hospital of Düsseldorf, Germany, during the time period from 2006 to 2011 were searched for homicides committed by female perpetrators. Prosecution files were reviewed for further information. The sample comprised N = 10 female homicide perpetrators and eleven victims. The mentioned determinants of the homicide were fairly consistent. All deeds occurred in the domestic context; they were mostly unplanned. All perpetrators were socially isolated and faced socially challenging situations. Most perpetrators were of low socioeconomic status. Furthermore, all victims were helpless and/or dependent on the perpetrator. The presence of a major psychiatric disorder was uncommon and, in contrast to male perpetrators, most women had no previous convictions. The potential value of these core findings in our sample regarding prevention is discussed. Copyright © 2015 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

Addressing Social Determinants Of Health Through Medical-Legal Partnerships.

PubMed

Regenstein, Marsha; Trott, Jennifer; Williamson, Alanna; Theiss, Joanna

2018-03-01

The US health care system needs effective tools to address complex social and environmental issues that perpetuate health inequities, such as food insecurity, education and employment barriers, and substandard housing conditions. The medical-legal partnership is a collaborative intervention that embeds civil legal aid professionals in health care settings to address seemingly intractable social problems that contribute to poor health outcomes and health disparities. More than three hundred health care organizations are home to medical-legal partnerships. This article draws upon national survey data and field research to identify three models of the medical-legal partnership that health care organizations have adopted and the core elements of infrastructure that they share. Financing and commitment from health care organizations are key considerations for sustaining and scaling up the medical-legal partnership as a health equity intervention.

Considerations in civil commitment of individuals with substance use disorders.

PubMed

Cavaiola, Alan A; Dolan, David

2016-01-01

Several states currently have enacted laws that allow for civil commitment for individuals diagnosed with severe substance use disorders. Civil commitment or involuntary commitment refers to the legal process by which individuals with mental illness are court-ordered into inpatient and/or outpatient treatment programs. Although initially civil commitment laws were intended for individuals with severe mental illness, these statutes have been extended to cover individuals with severe substance use disorders. Much of the recent legislation allowing for civil commitment of individuals with substance use disorders has come about in response to the heroin epidemic and is designed to provide an alternative to the unrelenting progression of opioid use disorders. Civil commitment also provides an opportunity for individuals with opioid use disorders to make informed decisions regarding ongoing or continued treatment. However, civil commitment also raises concerns regarding the potential violation of 14th Amendment rights, specifically pertaining to abuses of deprivation of liberty or freedom, which are guaranteed under the 14th Amendment to the United States Constitution. This commentary examines these issues while supporting the need for effective brief civil commitment legislation in all states.

Homicides by older offenders in New South Wales between 1993 and 2010.

PubMed

Reutens, Sharon; Nielssen, Olav; Large, Matthew

2015-10-01

Homicides by older people are rare and might differ from those committed by younger people. To investigate the characteristics of older homicide offenders in New South Wales (NSW), Australia. A systematic search of legal, criminological and media databases for cases of homicide committed by people in NSW aged 55 and over, during the 18 years from 1993 to 2010. Eighty-seven cases were identified through databases. Legal documents were obtained for 70 offenders, comprising about 5% of homicides committed in NSW in the period of the study. The proportions of male offenders and rates of firearm use were similar to other age groups. Twelve of the 14 homicides using guns occurred outside the metropolitan area. Older offenders were more likely to have cognitive impairment or psychotic illness. Victims were more likely to be female and in a domestic relationship with the offender. Homicide by an older person is rare, and more commonly involves a man killing a family member. Correctional facilities will increasingly have to consider the needs of older people serving long sentences. © The Royal Australian and New Zealand College of Psychiatrists 2015.

A Call for Action to Improve Occupational Health and Safety in Ghana and a Critical Look at the Existing Legal Requirement and Legislation

PubMed Central

Annan, Joe-Steve; Addai, Emmanuel K.; Tulashie, Samuel K.

2015-01-01

Occupational health and safety (OHS) is a broad field of professional practice, which involves specialists from different disciplines including but not limited to engineers, occupational health physicians, physical and biological scientists, economists, and statisticians. The preventive systems required to ensure workers are protected from injuries and illnesses dwell heavily on engineers; however, the extent to which the engineer can go regarding planning and implementing preventive measures is dependent on specific legal requirements, leadership commitment from the company, organization, and nation. The objective of this paper is to identify the areas of opportunities for improvements in OHS management in Ghana with regard to the nation's legal requirements, commitment of the Ghana government, and Ghanaian leadership as well as appropriate structuring of Ghanaian institutions responsible for monitoring and managing OHS in Ghana. This paper identified Ghana's fragmented legal requirements concerning OHS, which are under different jurisdictions with unclear responsibilities and accountabilities. The paper also highlights the training needs of Ghanaian academic institutions regarding OHS. Among other recommendations made including structuring of Ghanaian institutions to manage OHS in line with the ILO-OSH 2001, this paper aligns the recommendations with the articles and elements of International Labour Organization convention number 155 and OHSAS 18001 elements. PMID:26106516

5 CFR 630.803 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-01-01

... opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or... committed relationship with another adult, including both same-sex and opposite-sex relationships. Employee...

5 CFR 630.902 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-01-01

... opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or... committed relationship with another adult, including both same-sex and opposite-sex relationships. Employee...

5 CFR 630.201 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-01-01

... opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or... committed relationship with another adult, including both same-sex and opposite-sex relationships. Employee...

5 CFR 630.201 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-01-01

... opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or... committed relationship with another adult, including both same-sex and opposite-sex relationships. Employee...

5 CFR 630.201 - Definitions.

Code of Federal Regulations, 2012 CFR

2012-01-01

... opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or... committed relationship with another adult, including both same-sex and opposite-sex relationships. Employee...

5 CFR 630.803 - Definitions.

Code of Federal Regulations, 2011 CFR

2011-01-01

... opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or... committed relationship with another adult, including both same-sex and opposite-sex relationships. Employee...

5 CFR 630.902 - Definitions.

Code of Federal Regulations, 2011 CFR

2011-01-01

... opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or... committed relationship with another adult, including both same-sex and opposite-sex relationships. Employee...

5 CFR 630.803 - Definitions.

Code of Federal Regulations, 2012 CFR

2012-01-01

... opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or... committed relationship with another adult, including both same-sex and opposite-sex relationships. Employee...

5 CFR 630.902 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-01-01

... opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or... committed relationship with another adult, including both same-sex and opposite-sex relationships. Employee...

5 CFR 630.803 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-01-01

... opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or... committed relationship with another adult, including both same-sex and opposite-sex relationships. Employee...

5 CFR 630.902 - Definitions.

Code of Federal Regulations, 2012 CFR

2012-01-01

... opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or... committed relationship with another adult, including both same-sex and opposite-sex relationships. Employee...

5 CFR 630.201 - Definitions.

Code of Federal Regulations, 2011 CFR

2011-01-01

... opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or... committed relationship with another adult, including both same-sex and opposite-sex relationships. Employee...

Euthanasia.

PubMed

Brock, D W

1992-01-01

The principles of self-determination and individual well-being support the use of voluntary euthanasia by those who do not have moral or professional objections to it. Opponents of this posture cite the ethical wrongness of the act itself and the folly of any public or legal policy permitting euthanasia. Positive consequences of making euthanasia legally permissible respect the autonomy of competent patients desiring it, expand the population of patients who can choose the option, and release the dying patient from otherwise prolonged suffering and agony. Potentially bad consequences of permitting euthanasia include the undermining of the "moral center" of medicine by allowing physicians to kill, the weakening of society's commitment to provide optimal care for dying patients, and, of greatest concern, the "slippery slope" argument. The evaluation of the arguments leads to support for euthanasia, with its performance not incompatible with a physician's professional commitment.

Euthanasia.

PubMed Central

Brock, D. W.

1992-01-01

The principles of self-determination and individual well-being support the use of voluntary euthanasia by those who do not have moral or professional objections to it. Opponents of this posture cite the ethical wrongness of the act itself and the folly of any public or legal policy permitting euthanasia. Positive consequences of making euthanasia legally permissible respect the autonomy of competent patients desiring it, expand the population of patients who can choose the option, and release the dying patient from otherwise prolonged suffering and agony. Potentially bad consequences of permitting euthanasia include the undermining of the "moral center" of medicine by allowing physicians to kill, the weakening of society's commitment to provide optimal care for dying patients, and, of greatest concern, the "slippery slope" argument. The evaluation of the arguments leads to support for euthanasia, with its performance not incompatible with a physician's professional commitment. PMID:1519375

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.

Non-normative bodies, rationality, and legal personhood.

PubMed

Travis, Mitchell

2014-01-01

This article questions how legal personhood is constructed by law. Elective amputation is used as a way of interrogating the institutional, material, and discursive relations that combine in order to suspend legal personhood. Elective amputation is introduced in terms of medical and psychological explanations. Additionally, the perspective of self-identified elective amputees who choose to share their stories through online blogs is utilised to gain a narrative sense of how these individuals understand and engage with law. In particular, the areas of disability, sexuality, and rationality are used to exemplify law's continuing commitment to normative embodiment as grounds for ascribing legal personhood. © The Author [2014]. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

Detroit regional transit legal structures and governance.

DOT National Transportation Integrated Search

2014-03-01

Effective governance of transit systems is created through a qualified, representative, informed, diverse, and committed board of : directors that is ultimately accountable for the financial performance and quality of the service in the designated re...

Fluctuating capacity and advance decision-making in Bipolar Affective Disorder - Self-binding directives and self-determination.

PubMed

Gergel, Tania; Owen, Gareth S

2015-01-01

For people with Bipolar Affective Disorder, a self-binding (advance) directive (SBD), by which they commit themselves to treatment during future episodes of mania, even if unwilling, can seem the most rational way to deal with an imperfect predicament. Knowing that mania will almost certainly cause enormous damage to themselves, their preferred solution may well be to allow trusted others to enforce treatment and constraint, traumatic though this may be. No adequate provision exists for drafting a truly effective SBD and efforts to establish such provision are hampered by very valid, but also paralysing ethical, clinical and legal concerns. Effectively, the autonomy and rights of people with bipolar are being 'protected' through being denied an opportunity to protect themselves. From a standpoint firmly rooted in the clinical context and experience of mania, this article argues that an SBD, based on a patient-centred evaluation of capacity to make treatment decisions (DMC-T) and grounded within the clinician-patient relationship, could represent a legitimate and ethically coherent form of self-determination. After setting out background information on fluctuating capacity, mania and advance directives, this article proposes a framework for constructing such an SBD, and considers common objections, possible solutions and suggestions for future research. Copyright © 2015 The Authors. Published by Elsevier Ltd.. All rights reserved.

Fluctuating capacity and advance decision-making in Bipolar Affective Disorder — Self-binding directives and self-determination

PubMed Central

Gergel, Tania; Owen, Gareth S.

2015-01-01

For people with Bipolar Affective Disorder, a self-binding (advance) directive (SBD), by which they commit themselves to treatment during future episodes of mania, even if unwilling, can seem the most rational way to deal with an imperfect predicament. Knowing that mania will almost certainly cause enormous damage to themselves, their preferred solution may well be to allow trusted others to enforce treatment and constraint, traumatic though this may be. No adequate provision exists for drafting a truly effective SBD and efforts to establish such provision are hampered by very valid, but also paralysing ethical, clinical and legal concerns. Effectively, the autonomy and rights of people with bipolar are being ‘protected’ through being denied an opportunity to protect themselves. From a standpoint firmly rooted in the clinical context and experience of mania, this article argues that an SBD, based on a patient-centred evaluation of capacity to make treatment decisions (DMC-T) and grounded within the clinician–patient relationship, could represent a legitimate and ethically coherent form of self-determination. After setting out background information on fluctuating capacity, mania and advance directives, this article proposes a framework for constructing such an SBD, and considers common objections, possible solutions and suggestions for future research. PMID:25939286

[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.

[The federal participation law : New requirements for needs assessment with special emphasis on medical rehabilitation services].

PubMed

Schubert, Michael; Schian, Marcus; Viehmeier, Sarah

2016-09-01

The federal participation law (Bundesteilhabegesetz - BTHG) is one of the largest efforts in the last 15 years to reform the legal participation rights of people with disabilities. In particular, a number of enhancements are planned in the overall benefits law in Part 1 of Book IX in the Social Code (Sozialgesetzbuch - SGB), which applies to all rehabilitation carriers including general provisions and standards for needs assessment. This paper deals with the implications of these provisions and interacting standards, based on the draft bill of April 2016.The discussion takes place against the background of the regulatory objectives formulated in the ministerial draft itself, jurisprudential expertise on the effects of the current legal norms of the SGB IX as well as relevant professional political developments and statements by various stakeholders.The analysis shows a clear political commitment to increase the requirements for needs assessment in the overall law of the SGB IX and to express these more effectively. The draft bill seeks not only to modify procedures subsequent to the application for rehabilitation benefits, but also to precisely set out provisions on instruments for needs assessment in a new § 13. Common principles for these instruments of needs assessment should increase the cooperation, coordination and convergence among rehabilitation carriers.Nevertheless, with regard to the proposed regulatory texts, there is doubt that the objectives set by the draft bill itself will be achieved. For example, the required common principles for needs assessment are to be agreed upon based on the existing special legislation for the different rehabilitation carriers, without the SGB IX setting its own binding standards or framework principles. In addition, it lacks clear legal guidelines for the professional practice to make use of the bio-psycho-social model of the WHO and the ICF in the process of needs assessment. As a consequence the ICF cannot serve as a legally standardized reference point.

287(g): Cross-Delegating State and Local Law Enforcement Officers with Federal Immigration Authority - Homeland Security Remedy or Rue?

DTIC Science & Technology

2008-12-01

ICE Office of Investigations uses its legal authority to investigate issues such as immigration crime , human rights violations, and human smuggling...communities. Crimes committed by foreign nationals — many exploited by terrorists — pose ideological, legal and resource challenges to state and local...umbrella of the Special Agent In Charge (SAC) in Denver , Colorado . Utah ICE OI falls under the supervisory umbrella of the Assistant Special Agent In

U.S. Accession to the Association of Southeast Asian Nations? Treaty of Amity and Cooperation (TAC)

DTIC Science & Technology

2009-07-13

political or moral weight for TAC parties.60 More broadly, while the agreement establishes guidelines for parties in their relations with one another, it...commitments” to foreign States. Although these commitments are non-legal, they may nonetheless carry significant moral and political weight. The ...38 U.S. Const., art II, § 2; art. VI, § 2. 39 There are three types of prima facie legal executive agreements: (1) congressional-executive

12 CFR 347.204 - Commitment to be examined and provide information.

Code of Federal Regulations, 2011 CFR

2011-01-01

... consolidated supervision by the appropriate Federal banking agency, as defined in section 3(q) of the FDI Act (12 U.S.C. 1813(q)), the foreign bank shall provide binding written commitments (including a consent...

12 CFR 347.204 - Commitment to be examined and provide information.

Code of Federal Regulations, 2014 CFR

2014-01-01

... consolidated supervision by the appropriate Federal banking agency, as defined in section 3(q) of the FDI Act (12 U.S.C. 1813(q)), the foreign bank shall provide binding written commitments (including a consent...

12 CFR 347.204 - Commitment to be examined and provide information.

Code of Federal Regulations, 2012 CFR

2012-01-01

... consolidated supervision by the appropriate Federal banking agency, as defined in section 3(q) of the FDI Act (12 U.S.C. 1813(q)), the foreign bank shall provide binding written commitments (including a consent...

12 CFR 347.204 - Commitment to be examined and provide information.

Code of Federal Regulations, 2013 CFR

2013-01-01

... consolidated supervision by the appropriate Federal banking agency, as defined in section 3(q) of the FDI Act (12 U.S.C. 1813(q)), the foreign bank shall provide binding written commitments (including a consent...

AAPL Practice Guideline for the Forensic Psychiatric Evaluation of Competence to Stand Trial: a Canadian legal perspective.

PubMed

O'Shaughnessy, Roy J

2007-01-01

Canadian legal tests of fitness to stand trial, while similar to tests in the United States, place less emphasis on rational understanding of the complexities of the trial process and greater emphasis on communicating with legal counsel. The limited cognitive capacity test has gained wide acceptance in Canadian jurisprudence as a balance between ensuring that an accused person can provide the necessary information to allow his legal counsel to defend him adequately while also minimizing the potential delay in a speedy trial. The tests have been criticized by organized psychiatry and legal scholars but have been supported by advocacy groups for the mentally ill. Canadian research on accused persons committed to hospitals for fitness evaluations suggests that this process may be used or, arguably, misused by psychiatrists to provide treatment to persons who would otherwise be inaccessible to psychiatric intervention. This raises complex ethics-related questions not yet fully addressed.

Unconditionally secure multi-party quantum commitment scheme

NASA Astrophysics Data System (ADS)

Wang, Ming-Qiang; Wang, Xue; Zhan, Tao

2018-02-01

A new unconditionally secure multi-party quantum commitment is proposed in this paper by encoding the committed message to the phase of a quantum state. Multi-party means that there are more than one recipient in our scheme. We show that our quantum commitment scheme is unconditional hiding and binding, and hiding is perfect. Our technique is based on the interference of phase-encoded coherent states of light. Its security proof relies on the no-cloning theorem of quantum theory and the properties of quantum information.

Treatment During Civil Commitment for Sexual Offending Behaviors.

PubMed

Jackson, Rebecca

2016-07-01

The first sex offender civil commitment legislation passed in Washington State in 1990. Since that time, 21 additional jurisdictions in the USA have passed similar statutes. Although considered controversial by some, the statutes have withstood legal scrutiny at the state and federal levels. These statutes have been found constitutional in large part because they offer treatment to those individuals detained under them. In the 25 years since sex offender civil commitment became a reality, significant advances in sex offender assessment and treatment have shaped the landscape of the associated treatment programs. This article reviews current practice in programs that treat individuals detained under these laws and provides a framework in which these programs are delivered.

32 CFR 727.6 - Functions of legal assistance officers.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 5 2012-07-01 2012-07-01 false Functions of legal assistance officers. 727.6 Section 727.6 National Defense Department of Defense (Continued) DEPARTMENT OF THE NAVY PERSONNEL LEGAL... or opinions are the official views or opinions of, approved by, or binding on, the Department of the...

42 CFR 405.1842 - Expedited judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... because the legal question is a challenge either to the constitutionality of a provision of a statute, or... matter at issue because the legal question is neither a challenge to the constitutionality of a provision... authority to decide the legal question. (iii) An EJR decision by the Board becomes final and binding on the...

Do organizational and political-legal arrangements explain financial wrongdoing?

PubMed

Prechel, Harland; Zheng, Lu

2016-12-01

The 2008 financial crisis was a systemic problem with deep-rooted structural causes that created opportunities to engage in financial malfeasance, a form of corporate wrongdoing. However, few quantitative studies exist on the effects of organizational and political-legal arrangements on financial malfeasance. In this paper, we examine the effects of organizational and political-legal arrangements that emerged in the 1990s in the FIRE sector (i.e., financial, insurance, and real estate) on financial malfeasance. Our historical contextualization demonstrates how changes in the political-legal arrangements facilitate the emergence of new corporate structures and opportunities for financial malfeasance. Our longitudinal quantitative analysis demonstrates that US FIRE sector corporations with a more complex organizational structure, larger size, lower dividend payment, and higher executive compensation are more prone to commit financial malfeasance. © London School of Economics and Political Science 2016.

48 CFR 301.602-3 - Ratification of unauthorized commitments.

Code of Federal Regulations, 2010 CFR

2010-10-01

... SERVICES GENERAL HHS ACQUISITION REGULATION SYSTEM Career Development, Contracting Authority, and... legal review is necessary, the HCA or CCO shall coordinate the request for ratification with the Office...) The Contracting Officer shall review the submitted material and, if the Contracting Officer determines...

Refugee Health: An Ongoing Commitment and Challenge

PubMed Central

Efird, Jimmy T.; Bith-Melander, Pollie

2018-01-01

Refugees represent a diverse group of displaced individuals with unique health issues and disease risks. The obstacles facing this population have their origins in war, violence, oppression, exploitation, and fear of persecution. Regardless of country of origin, a common bond exists, with refugees often confronting inadequate healthcare resources, xenophobia, discrimination, and a complex web of legal barriers in their new homelands. In many cases, the plight of refugees is multigenerational, manifesting as mental health issues, abuse, poverty, and family disruption. The health trajectory of refugees remains an ongoing commitment and challenge. PMID:29342831

Why the evidence for outpatient commitment is good enough.

PubMed

Swanson, Jeffrey W; Swartz, Marvin S

2014-06-01

After nearly three decades of studies evaluating the legal practice of involuntary outpatient commitment, there is yet little consensus about its effectiveness and only limited implementation. Debate continues over how best to assist adults with serious mental illnesses who are unable or unwilling to participate in prescribed community treatment and as a result experience repeated involuntary hospitalizations or involvement with the criminal justice system. The authors comment on the Oxford Community Treatment Order Evaluation Trial (OCTET), a recently conducted randomized trial of outpatient commitment, and discuss the limitations of the study's design for resolving the persistent question of whether compulsory treatment is more effective than purely voluntary treatment for this difficult-to-reach target population. The authors conclude that the search for a definitive and generalizable randomized trial of outpatient commitment may be a quixotic quest; the field should, rather, welcome the results of well-conducted, large-scale, quasi-experimental and naturalistic studies with rigorous multivariable statistical controls.

Elderly sexual offenders: two unusual cases.

PubMed

Carabellese, Felice; Candelli, Chiara; Vinci, Francesco; Tamma, Manuela; Catanesi, Roberto

2012-09-01

The aim of this case report is to describe two cases of sexual abuse by elderly subjects for which the Judge commissioned an expert psychiatric-forensic opinion. The elderly are generally believed to commit nonviolent crimes, whereas the two cases we observed feature forcible rape committed by elderly offenders, who showed no form of mental disease and had rationally planned their offense. They had never previously committed similar acts and had no history of homosexuality; both had been married for many years before the death of their wives and had adult children. Finally, no previous episodes of rape emerged in their personal histories during interrogations. The sociocultural context in which the crimes were committed was identical and arouses interest as regards both the method employed and how the crimes were discovered. The legal authorities then commissioned accurate investigations including medicolegal and psychiatric-forensic evaluations of the offenders and their victims. © 2012 American Academy of Forensic Sciences.

[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.

Petitioning for Involuntary Commitment for Chemical Dependency by Medical Services.

PubMed

Lamoureux, Ian C; Schutt, Paul E; Rasmussen, Keith G

2017-09-01

Patients who have chemical dependency (CD) are commonly encountered on medical and surgical wards, often for illnesses and injuries sustained as a direct result of their substance abuse. When these patients are repeatedly admitted to the hospital in certain states that provide a legal framework to commit chemically dependent persons to a treatment facility, clinicians often wonder whether they should initiate that process. Should consulting psychiatrists choose to initiate the commitment process, they put into motion a resource-intensive, time-consuming mechanism, with uncertain outcomes, both in the courtroom and at the bedside. Petitioning for involuntary commitment to chemical dependency treatment of a patient from medical and surgical services is poorly understood. In this study, we examined a series of patients for whom petitions for judicial commitment in the state of Minnesota were entered over a 12-month period, and evaluated the likelihood of commitment to treatment, the demographics of patients involved, and the outcomes for this series of patients. Three vignettes are presented to illustrate the severity of these patients' illnesses and potential outcomes of the process. We further describe potential limitations of the commitment system and alternatives to CD commitment that could be explored further. © 2017 American Academy of Psychiatry and the Law.

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 national HIV responses. PMID:23621903

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.

49 CFR 105.40 - Designated agents for non-residents.

Code of Federal Regulations, 2010 CFR

2010-10-01

... the correct legal form required to make it valid and binding on you under the laws, corporate bylaws.... (3) Your full legal name, the principal name of your business, and your mailing address. (4) A...

Expression of Ulex europaeus agglutinin I lectin-binding sites in squamous cell carcinomas and their absence in basal cell carcinomas. Indicator of tumor type and differentiation.

PubMed

Heng, M C; Fallon-Friedlander, S; Bennett, R

1992-06-01

Lectins bind tightly to carbohydrate moieties on cell surfaces. Alterations in lectin binding have been reported to accompany epidermal cell differentiation, marking alterations in membrane sugars during this process. The presence of UEA I (Ulex europaeus agglutinin I) L-fucose-specific lectin-binding sites has been used as a marker for terminally differentiated (committed) keratinocytes. In this article, we report the presence of UEA-I-binding sites on squamous keratinocytes of well-differentiated squamous cell carcinomas, with patchy loss of UEA I positivity on poorly differentiated cells of squamous cell carcinomas, suggesting a possible use for this technique in the rapid assessment of less differentiated areas within the squamous cell tumor. The absence of UEA-I-binding sites on basal cell carcinomas may be related to an inability of cells comprising this tumor to convert the L-D-pyranosyl moiety on basal cells to the L-fucose moiety, resulting in an inability of basal cell carcinoma cell to undergo terminal differentiation into a committed keratinocyte.

45 CFR 1643.2 - Definitions.

Code of Federal Regulations, 2011 CFR

2011-10-01

... Regulations Relating to Public Welfare (Continued) LEGAL SERVICES CORPORATION RESTRICTION ON ASSISTED SUICIDE, EUTHANASIA, AND MERCY KILLING § 1643.2 Definitions. (a) Assisted suicide means the provision of any means to another person with the intent of enabling or assisting that person to commit suicide. (b) Euthanasia (or...

45 CFR 1643.2 - Definitions.

Code of Federal Regulations, 2012 CFR

2012-10-01

... Regulations Relating to Public Welfare (Continued) LEGAL SERVICES CORPORATION RESTRICTION ON ASSISTED SUICIDE, EUTHANASIA, AND MERCY KILLING § 1643.2 Definitions. (a) Assisted suicide means the provision of any means to another person with the intent of enabling or assisting that person to commit suicide. (b) Euthanasia (or...

45 CFR 1643.2 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-10-01

... Regulations Relating to Public Welfare (Continued) LEGAL SERVICES CORPORATION RESTRICTION ON ASSISTED SUICIDE, EUTHANASIA, AND MERCY KILLING § 1643.2 Definitions. (a) Assisted suicide means the provision of any means to another person with the intent of enabling or assisting that person to commit suicide. (b) Euthanasia (or...

45 CFR 1643.2 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-10-01

... Regulations Relating to Public Welfare (Continued) LEGAL SERVICES CORPORATION RESTRICTION ON ASSISTED SUICIDE, EUTHANASIA, AND MERCY KILLING § 1643.2 Definitions. (a) Assisted suicide means the provision of any means to another person with the intent of enabling or assisting that person to commit suicide. (b) Euthanasia (or...

45 CFR 1643.2 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-10-01

... Regulations Relating to Public Welfare (Continued) LEGAL SERVICES CORPORATION RESTRICTION ON ASSISTED SUICIDE, EUTHANASIA, AND MERCY KILLING § 1643.2 Definitions. (a) Assisted suicide means the provision of any means to another person with the intent of enabling or assisting that person to commit suicide. (b) Euthanasia (or...

50 CFR 82.9 - General information for the Secretary.

Code of Federal Regulations, 2010 CFR

2010-10-01

... INTERIOR (CONTINUED) FINANCIAL ASSISTANCE-WILDLIFE SPORT FISH RESTORATION PROGRAM ADMINISTRATIVE PROCEDURES... used by the grantee for the financial management of grant funds, the state laws affecting marine... legally authorized to commit the prospective grantee to expediture of funds. The Secretary may, from time...

On sound and unsound mind: the role of suicide in tort and insurance litigation.

PubMed

Simon, Robert I; Levenson, James L; Shuman, Daniel W

2005-01-01

Suicide continues to be a recognized as a crime by common law in a few states. In those jurisdictions, the beneficiary of a claim must prove that the individual who attempted or committed suicide was of unsound mind, to avoid having the patient's act declared illegal, which would bar recovery of the claim. In malpractice and insurance cases, expert testimony is required regarding the mental state of the individual who attempted or committed suicide. Psychiatric testimony varies widely, depending on the legal definition of "unsound mind" and the highly subjective interpretation of legal definitions. Some experts equate suicide with an unsound mind, whereas others apply M'Naghten criteria. Some psychiatrists who disagree with criminalizing suicide refuse to participate in these proceedings. In suicide malpractice cases, the appropriate function of the expert witness is to provide testimony about the standard of care. When experts attempt to testify about "sound or unsound" mind, they must be mindful of the imperfect fit between psychiatry and the law.

"Idiots, infants, and the insane": mental illness and legal incompetence

PubMed Central

Szasz, T

2005-01-01

Prior to the second world war, most persons confined in insane asylums were regarded as legally incompetent and had guardians appointed for them. Today, most persons confined in mental hospitals (or treated involuntarily, committed to outpatient treatment) are, in law, competent; nevertheless, in fact, they are treated as if they were incompetent. Should the goal of mental health policy be providing better psychiatric services to more and more people, or the reduction and ultimate elimination of the number of persons in the population treated as mentally ill? PMID:15681670

Cyberbullying: A Review of the Legal Issues Facing Educators

ERIC Educational Resources Information Center

Hinduja, Sameer; Patchin, Justin W.

2011-01-01

School districts are often given the challenging task of addressing problematic online behaviors committed by students while simultaneously protecting themselves from civil liability by not overstepping their authority. This is difficult, because the law concerning these behaviors is ambiguous and continuously evolving, and little consensus has…

The Climate of Child Welfare Employee Retention

ERIC Educational Resources Information Center

Cahalane, Helen; Sites, Edward W.

2008-01-01

This article describes differences in perceptions of the child welfare work environment among Title IV-E educated individuals who remain within public child welfare and those who sought employment elsewhere after fulfilling a legal work commitment. Job satisfaction, emotional exhaustion, and personal accomplishment were predictive of staying…

42 CFR 424.502 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-10-01

... officer, general partner, chairman of the board, or direct owner) to whom the organization has granted the legal authority to enroll it in the Medicare program, to make changes or updates to the organization's status in the Medicare program, and to commit the organization to fully abide by the statutes...

Commentary: civil commitment and its reform.

PubMed

Simpson, Alexander I F

2015-03-01

Internationally, civil commitment laws have gone through substantial reforms in the past 50 years. Discernible shifts from the medically paternalistic to the excessively legalistic may be giving way to a blending of legislative intent under the rubric of therapeutic jurisprudence. In the light of those international movements, Shao and Xie describe how China's new mental health law shows the impact of these international and local influences on the development and practice of mental health law in China. The new Law was passed in 2012. It sets a broad vision for mental health services and mental health promotion in Chinese society as well as providing the legal framework for civil commitment. Practicalities of implementation may be highly significant in the success of the legislation. © 2015 American Academy of Psychiatry and the Law.

Limitations of constitutional protections in Jackson v. Indiana pertaining to charges with no statute of limitations.

PubMed

Rodol, Liban; Epson, Martin F; Bloom, Joseph D

2013-01-01

There has been a long-standing link between the civil and criminal commitment procedures for individuals found incompetent to stand trial (IST). In the criminal system, when restoration of competency fails to be realized in a reasonable time, the civil commitment process becomes the default system for commitment. While there have been recent calls for improved mechanisms for predicting competence restorability, there has been little attention paid to individuals who can oscillate indefinitely between commitment in both the criminal and civil systems. We provide an example of one such case where an individual falls into the legal space that sits outside of the judicial guidance outlined in the landmark case Jackson v. Indiana. This review of Oregon public documents surrounding an ongoing murder case highlights the potential for indefinite detention of individuals who have been charged with serious crimes that do not have a statute of limitations, who are unlikely to be restored to competency to stand trial, and who are inconsistently found to be dangerous under civil commitment standards.

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

ERIC Educational Resources Information Center

Levine, Jan Martin, Ed.

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

Current Commitments under the GATS in Educational Services. Background Document.

ERIC Educational Resources Information Center

Organisation for Economic Cooperation and Development, Paris (France). Centre for Educational Research and Innovation.

The GATS is a multilateral, legally enforceable agreement among members of the World Trade Organization (WTO) that regulates international trade services. Rules regulating internationally traded educational services, which include various types of exchange programs, are part of the agreement. Among the 42 member countries that have made…

The War Crimes Act: Current Issues

DTIC Science & Technology

2008-01-28

by estoppel , available when a defendant is informed by a government official that certain conduct is legal, and thereafter commits what would...v. Baptista-Rodriguez, 17 F.3d 1354, 1368 n. 18 (11th Cir. 1994). Unlike the other defenses, the defense of entrapment by estoppel stems from the due

The War Crimes Act: Current Issues

DTIC Science & Technology

2006-09-25

entrapment by estoppel , available when a defendant is informed by a government official that certain conduct is legal, and thereafter commits what...United States v. Baptista-Rodriguez, 17 F.3d 1354, 1368 n. 18 (11th Cir. 1994). Unlike the other defenses, the defense of entrapment by estoppel stems

Juvenile Justice in Maryland.

ERIC Educational Resources Information Center

Vetter, Donald P.; Frederick, Charles

This four part guide provides secondary students with information about Maryland laws, courts, and legal system. The first section examines the nature and causes of increasing involvement of youth in crime, and identifies those crimes most commonly committed by juveniles. A special section on shoplifting is included. Section II examines the nature…

Transitioning a River Outfitter to the Next Generation

ERIC Educational Resources Information Center

Burke, Debra D.; Brown, Carroll A.

2014-01-01

This article provides an actual case that is designed to highlight business and legal issues that should be considered when operations expand and ownership changes. Of particular significance in this case is the focus on modernizing operations without losing the original organization's commitment to the environment and its cultural mission. The…

5 CFR 550.402 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-01-01

... a domestic partnership with an employee or annuitant of the same sex. Domestic partnership means a committed relationship between two adults of the same sex in which the partners— (1) Are each other's sole... of anyone else; (7) Are not related in a way that, if they were of opposite sex, would prohibit legal...

5 CFR 550.402 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-01-01

... a domestic partnership with an employee or annuitant of the same sex. Domestic partnership means a committed relationship between two adults of the same sex in which the partners— (1) Are each other's sole... of anyone else; (7) Are not related in a way that, if they were of opposite sex, would prohibit legal...

5 CFR 591.402 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-01-01

... employee or annuitant of the same sex. Domestic partnership means a committed relationship between two adults of the same sex in which the partners— (1) Are each other's sole domestic partner and intend to... in a way that, if they were of opposite sex, would prohibit legal marriage in the U.S. jurisdiction...

International Legal and Ethical Considerations at Pfizer, Inc.

ERIC Educational Resources Information Center

Pagnattaro, Marisa Anne

2005-01-01

Pfizer, Inc. (hereinafter Pfizer), a U.S.-based pharmaceutical company, states that it is committed to being an "exemplary corporate citizen" that is "dedicated to discovering and developing innovative medicines and making them available to people all around the world." Pfizer boasts about its philanthropic focus, yet, like any…

75 FR 23561 - Workers Memorial Day, 2010

Federal Register 2010, 2011, 2012, 2013, 2014

2010-05-04

... renewing our Nation's commitment to achieve safe working conditions for all American workers. Providing..., which promise American workers the right to a safe workplace and require employers to provide safe...--but they are not forgotten. The legal right to a safe workplace was won only after countless lives had...

Towards an Interdisciplinary Commitment: A Divorce Lawyer Proposes Attorney-Therapist Marriages or, at the Least, an Affair.

ERIC Educational Resources Information Center

Steinberg, Joseph L.

1980-01-01

A divorce is less likely to seriously traumatize the dissolving family when both the legal and emotional issues of divorce are addressed. Attorney-therapist teams are proposed as an effective vehicle to help minimize the stress of the divorce experience. (Author)

The role of criteria in design and management of space systems

NASA Technical Reports Server (NTRS)

Blair, J. C.; Ryan, R. S.

1992-01-01

Explicit requirements and standards arising in connection with space systems management serve as a framework for technical management and furnish legally binding control of development, verification, and operations. As a project develops, additional requirements are derived which are unique to the system in question; these are designated 'derived requirements'. The reliability and cost-effectiveness of a space system are best ensured where a balance has arisen between formal (legally binding) and informal. Attention is presently given to the development of criteria consistent with total quality management.

Direct induction of T lymphocyte-specific gene expression by the mammalian Notch signaling pathway

PubMed Central

Reizis, Boris; Leder, Philip

2002-01-01

The Notch signaling pathway regulates the commitment and early development of T lymphocytes. We studied Notch-mediated induction of the pre-T cell receptor α (pTa) gene, a T-cell-specific transcriptional target of Notch. The pTa enhancer was activated by Notch signaling and contained binding sites for its nuclear effector, CSL. Mutation of the CSL-binding sites abolished enhancer induction by Notch and delayed the up-regulation of pTa transgene expression during T cell lineage commitment. These results show a direct mechanism of stage- and tissue-specific gene induction by the mammalian Notch/CSL signaling pathway. PMID:11825871

Actuarial risk assessment: commentary on Berlin et al.

PubMed

Hart, Stephen D

2003-10-01

F. S. Berlin, N. W. Galbreath, B. Geary, and G. McGlone (this issue) have raised some important questions regarding the use of acturial risk assessment instruments in sex offender civil commitment proceedings, also known as sexually violent predator or SVP proceedings. Their primary point is that interpreting the findings of existing actuarial risk assessment instruments is a tricky business because it is not certain whether the extent to which probability estimates derived from group data can be applied to individual cases. I agree completely with Berlin et al. on this point, but disagree with them concerning the extent to which probability estimates--and, therefore, actuarial instruments--are legally relevant in SVP proceedings. I outline some potential problems with respect to the legal admissibility of actuarial instruments, including their legal relevance.

Sexually violent predator risk assessments with the violence risk appraisal guide-revised: A shaky practice.

PubMed

Abbott, Brian R

Twenty-two jurisdictions in the United States permit the involuntary civil confinement of sexual offenders upon expiration of their criminal sentence and, if committed, these individuals face possible lifetime commitment. One of the legal requirements that psychologists must address in sexually violent predator evaluations is the likelihood that an individual will engage in dangerous sexual behavior and consideration of the probabilities for sexual recidivism contained in actuarial experience tables best address this inquiry. Clinicians find it increasingly difficult to affirm the likelihood threshold in the face of decreasing base rates and score-wise probability estimates for sexual recidivism reported in contemporary actuarial experience tables. The Violence Risk Appraisal Guide-Revised (VRAG-R) has been promoted to assess sexually violent predators because it has been presented as a more accurate predictor of sexual recidivism and the results more likely satisfy the legal standard of sexual dangerousness. This article conducts an in-depth analysis of the predictive and psychometric properties of the VRAG-R that are most relevant to the fit of the VRAG-R when addressing the sexual dangerousness standard proscribed by SVP laws. Recommendations for future research are offered to improve the fit of the VRAG-R to the legal inquiry of sexual dangerousness and implications for using the current iteration of the VRAG-R in forensic practice are discussed. Copyright © 2017 Elsevier Ltd. All rights reserved.

Remote Sensing and the Kyoto Protocol: A Workshop Summary

NASA Technical Reports Server (NTRS)

Rosenqvist, Ake; Imhoff, Marc; Milne, Anthony; Dobson, Craig

2000-01-01

The Kyoto Protocol to the United Nations Framework Convention on Climate Change contains quantified, legally binding commitments to limit or reduce greenhouse gas emissions to 1990 levels and allows carbon emissions to be balanced by carbon sinks represented by vegetation. The issue of using vegetation cover as an emission offset raises a debate about the adequacy of current remote sensing systems and data archives to both assess carbon stocks/sinks at 1990 levels, and monitor the current and future global status of those stocks. These concerns and the potential ratification of the Protocol among participating countries is stimulating policy debates and underscoring a need for the exchange of information between the international legal community and the remote sensing community. On October 20-22 1999, two working groups of the International Society for Photogrammetry and Remote Sensing (ISPRS) joined with the University of Michigan (Michigan, USA) to convene discussions on how remote sensing technology could contribute to the information requirements raised by implementation of, and compliance with, the Kyoto Protocol. The meeting originated as a joint effort between the Global Monitoring Working Group and the Radar Applications Working Group in Commission VII of the ISPRS, co-sponsored by the University of Michigan. Tile meeting was attended by representatives from national government agencies and international organizations and academic institutions. Some of the key themes addressed were: (1) legal aspects of transnational remote sensing in the context of the Kyoto Protocol; (2) a review of the current and future and remote sensing technologies that could be applied to the Kyoto Protocol; (3) identification of areas where additional research is needed in order to advance and align remote sensing technology with the requirements and expectations of the Protocol; and 94) the bureaucratic and research management approaches needed to align the remote sensing community with both the science and policy communities.

Fund Balances: What Flavors and How Many Scoops Are Appropriate?

ERIC Educational Resources Information Center

Piotrowski, Craig L.

1986-01-01

Just as ice cream comes in many flavors for different tastes, fund balances need to be reserved and designated to meet school district plans and commitments. This article examines accounting principles and other issues determining the segregation and size of a school district's fund balance, a legally restricted reserve that can affect the…

Female Suicide Rates in Ghizer, Pakistan

ERIC Educational Resources Information Center

Khan, Murad M.; Ahmed, Aziz; Khan, Sultan R.

2009-01-01

Suicide is an understudied subject in Pakistan. There are many social, legal, and religious sanctions against it. National rates of suicides are not known. We calculated suicide rates of women in the Ghizer District of the remote Northern Areas of Pakistan. During years 2000 to 2004, 49 women committed suicide. Taking average mean population for…

5 CFR 315.608 - Noncompetitive appointment of certain former overseas employees.

Code of Federal Regulations, 2014 CFR

2014-01-01

... sex, would prohibit legal marriage in the U.S. jurisdiction in which the domestic partnership was...) Domestic partner. A person in a domestic partnership with a sponsor of the same sex. (7) Domestic partnership. A committed relationship between two adults, of the same sex, in which the partners: (i) Are each...

Right to Basic Education and State Responsibility

ERIC Educational Resources Information Center

Singh, Kishore

2010-01-01

The right to education is an internationally recognized right. As part of the global movement for Education for All in the past two decades, the right to basic education has emerged in international law, and it carries international obligations--political and legal--on account of collective commitments by the international community for its…

The Concordat to Support Research Integrity: A Progress Report

ERIC Educational Resources Information Center

Contracts

2016-01-01

Published in July 2012, "The Concordat to Support Research Integrity" set out five broad commitments to be made by institutions in receipt of public research funding, to help assure the government and the public that UK research meets the highest ethical, legal and professional standards. This progress report explores the impact and…

Mental diseases and criminal offences committed by persons placed at the Forensic Department of the Penitentiary in Zenica, Federation of Bosnia and Herzegovina.

PubMed

Bjelošević, Edin; Krehmić, Adisa; Hadžikapetanović, Halima; Čoralić, Sanel; Bjelošević, Sonja

2017-08-01

Aim To investigate an impact of various biological, psychological and social factors on perpetration of criminal offences by persons with mental disorders and to examine legal requirements for placement of persons with mental disorders, who committed criminal offences. Methods This retrospective, descriptive study based on the analysis of data collected from records of the Zenica Penitentiary, Forensic Department (age, qualifications, employment status, marital status, mental disorders, information related to earlier treatments, type of committed criminal offense, duration of the security measure of mandatory psychiatric treatment and custody) included 154 examinees. Results The study included 154 male examinees. An average age of the examinees was 34 years. An average duration spent at the Forensic Department was 3 years, murder was committed by 68 (44.15%) examinees, and 34 (22.07%) examinees committed attempted murder. Eighty-five (55. 19 %) examinees suffered from schizophrenia, 30 (19.48%) had delusional disorder, and 19 (12.33%) had mental retardation. Conclusion The highest number of committed crimes was in correlation with schizophrenia, (the highest number of examinees suffered from schizophrenia). It is necessary to work on the establishment of a forensic hospital in the territory of the Federation of Bosnia and Herzegovina in order to create good conditions for rehabilitation of patients with mental disorders who committed criminal offences. Copyright© by the Medical Assotiation of Zenica-Doboj Canton.

Ties That Bind: A Social Network Approach to Understanding Student Integration and Persistence. ASHE Annual Meeting Paper.

ERIC Educational Resources Information Center

Thomas, Scott L.

This study examined the social networks of college students and how such networks affect student commitment and persistence. The study's theoretical framework was based on application of the social network paradigm to Tinto's Student Integration Model, in which a student's initial commitment is modified over time as a result of the student's…

The Use of Coercive Interventions in Mental Health Care in Germany and the Netherlands. A Comparison of the Developments in Two Neighboring Countries

PubMed Central

Steinert, Tilman; Noorthoorn, Eric O.; Mulder, Cornelis L.

2014-01-01

In this review, we compare the use of coercion in mental health care in Germany and in the Netherlands. Legal frameworks and published data on involuntary commitment, involuntary medication, seclusion, and restraint are highlighted as well as the role of guidelines, training, and attitudes held by psychiatrists and the public. Legal procedures regulating involuntary admission and commitment are rather similar, and so is the percentage of involuntary admissions and the rate per 100,000 inhabitants. However, opposing trends can be observed in the use of coercive interventions during treatment, which in both countries are considered as a last resort after all other alternative approaches have failed. In the Netherlands, for a long time seclusion has been considered as preferred intervention while the use of medication by force was widely disapproved as being unnecessarily invasive. However, after increasing evidence showed that number and duration of seclusions as well as the number of aggressive incidents per admission were considerably higher than in other European countries, attitudes changed within recent years. A national program with spending of 15 million € was launched to reduce the use of seclusion, while the use of medication was facilitated. A legislation is scheduled, which will allow also outpatient coercive treatment. In Germany, the latter was never legalized. While coercive treatment in Germany was rather common for involuntarily committed patients and mechanical restraint was preferred to seclusion in most hospital as a containment measure, the decisions of the Constitutional Court in 2011 had a high impact on legislation, attitudes, and clinical practice. Though since 2013 coercive medication is approvable again under strict conditions, it is now widely perceived as very invasive and last resort. There is evidence that this change of attitudes lead to a considerable increase of the use of seclusion and restraint for some patients. PMID:25309893

International developments in abortion law from 1988 to 1998.

PubMed Central

Cook, R J; Dickens, B M; Bliss, L E

1999-01-01

OBJECTIVES: In 2 successive decades since 1967, legal accommodation of abortion has grown in many countries. The objective of this study was to assess whether liberalizing trends have been maintained in the last decade and whether increased protection of women's human rights has influenced legal reform. METHODS: A worldwide review was conducted of legislation and judicial rulings affecting abortion, and legal reforms were measured against governmental commitments made under international human rights treaties and at United Nations conferences. RESULTS: Since 1987, 26 jurisdictions have extended grounds for lawful abortion, and 4 countries have restricted grounds. Additional limits on access to legal abortion services include restrictions on funding of services, mandatory counseling and reflection delay requirements, third-party authorizations, and blockades of abortion clinics. CONCLUSIONS: Progressive liberalization has moved abortion laws from a focus on punishment toward concern with women's health and welfare and with their human rights. However, widespread maternal mortality and morbidity show that reform must be accompanied by accessible abortion services and improved contraceptive care and information. PMID:10191808

Financial and Legal Characteristics of Cross-Jurisdictional Shared Service Agreements Between Local Public Health Agencies.

PubMed

Watts, Theresa; Zahner, Susan; Mrochek, Tracy

Cross-jurisdictional sharing is a resource management strategy increasingly being used by local health departments to provide essential and mandated public health services. Cross-jurisdictional shared service agreements (CJSSAs) are the legal documents that govern cross-jurisdictional sharing arrangements. Information on the financial and legal characteristics of CJSSAs is limited. This study described the financial and legal elements of a set of formal, written CJSSAs in one state to offer guidance to practitioners on how to structure the financial and legal elements in CJSSAs. CJSSAs, which included a written statement about the financial commitment governed by the agreement (n = 63), were analyzed. Data collection occurred through 2 structured data extraction tools and structured telephone interviews conducted with local and tribal health department directors. Descriptive statistics of all variables and a single predictor linear regression were performed. The higher population partner to the CJSSA more often provided the public health service and received payment (n = 41; 65%). Financial statements were found to vary by CJSSA characteristic. CJSSAs were more likely to be legally complete when a legal counsel was involved in creating them (odds ratio = 2.74; 95% confidence interval, 2.19-3.29; P ≤ .001). Yet, only 2 (3%) of the CJSSAs described all the legal elements and were considered legally complete. Clearly identifying and including necessary fiscal and legal elements when creating and managing CJSSAs may strengthen agreements and reduce local health department legal and fiscal vulnerabilities. Local health department capacity for planning, coordination, budgeting, management, and evaluation is essential when creating CJSSA. Careful consideration of cost-sharing and consulting with legal counsel could strengthen the CJSSA.

[The closure of forensic hospitals and the implications for nursing care].

PubMed

Piccoli, Michele

2015-01-01

The closure of forensic hospitals and the implications for nursing care. The closure of forensic hospitals led to the opening of new wards to admit psychiatric patients who committed a crime and by Italian law, cannot be imprisoned. Over 826 residents of forensic hospitals, around 350 cannot be discharged because considered dangerous for the society. The new wards where these patients will be admitted raise some legal and ethical problems as health professionals (doctors and nurses) will be responsible not only of the patients health but also of their legal custody. The professional and ethical implications need a debate among professionals.

Legal Recognition of Same-Sex Relationships in the United States: A Social Science Perspective

ERIC Educational Resources Information Center

Herek, Gregory M.

2006-01-01

Whether and how civil society should recognize committed relationships between same-sex partners has become a prominent, often divisive, policy issue. The present article reviews relevant behavioral and social science research to assess the validity of key factual claims in this debate. The data indicate that same-sex and heterosexual…

Policy Interventions Designed to Combat Sexual Violence: Community Notification and Civil Commitment

ERIC Educational Resources Information Center

Levenson, Jill S.

2003-01-01

Much attention has been given to the problem of sexual predators and the struggles of the legal-justice system to contain them. In response to public outcry over high-profile sex crimes, federal and state legislators have responded in the past decade with innovative but controversial public policy initiatives, called "sexually violent predator…

Pupil Expulsion. A Study of Selected Legal Aspects and Their Application in Minnesota.

ERIC Educational Resources Information Center

Doty, Ralph R.

This paper provides Minnesota school administrators with a guide for dealing with student expulsion, primarily those cases resulting from discipline problems. Under law, only a board of education can expel a pupil. The two general areas in which expulsion may be justified are offenses committed on school property during school hours, and offenses…

Compensation for oil pollution damage

NASA Astrophysics Data System (ADS)

Matugina, E. G.; Glyzina, T. S.; Kolbysheva, Yu V.; Klyuchnikov, A. S.; Vusovich, O. V.

2015-11-01

The commitment of national industries to traditional energy sources, as well as constantly growing energy demand combined with adverse environmental impact of petroleum production and transportation urge to establish and maintain an appropriate legal and administrative framework for oil pollution damage compensation. The article considers management strategies for petroleum companies that embrace not only production benefits but also environmental issues.

Recognizing and honoring Howard University School of Law's 140-year legacy of social justice and its continued commitment to the training of capable and compassionate legal practitioners and scholars.

THOMAS, 111th Congress

Rep. Kilpatrick, Carolyn C. [D-MI-13

2009-07-28

House - 10/22/2009 Referred to the Subcommittee on Higher Education, Lifelong Learning, and Competitiveness. (All Actions) Tracker: This bill has the status Agreed to in HouseHere are the steps for Status of Legislation:

[The status of the psychiatric nurse as a guarantor in Taiwan: a case study].

PubMed

Huang, Hui-Man; Sun, Fan-Ko

2013-12-01

Psychiatric nurses have a special obligation and legal duty as guarantor against criminal negligence. The guarantor role and medical negligence in psychiatric nursing are topics that have been neglected in Taiwan. (1) Identify the status of psychiatric nurses as guarantors; (2) Understand the causal relationship in a legal context between this status and Non-Genuine Omission in the current case; (3) Understand the facts and the dispute in the current case. (4) Explore the reasons why the psychiatric nurse was convicted for criminal negligence in the current case. A literature review and case study were used to analyze the high court criminal judgment and sentence reconsideration of the first instance No. 122 (2005). (1) Psychiatric nurses hold two guarantor roles in Taiwan. One role is as legally protected interest guarantor and the other is as supervisors' dangerous source guarantor. (2) The three sources of guarantor status relevant to the current case are: nurses' voluntary commitments; medical contract; duty of care of supervisors. (3) In this case, the psychiatric nurse did not discharge her obligations as guarantor and failed to prevent the patient from committing suicide. Negligence resulted in patient death and the psychiatric nurse was found guilty. In order to prevent criminal acts, psychiatric nurses should gain a better understanding of their status as guarantor and the obligations entailed in this status. This article is intended to assist psychiatric nurses understand their responsibilities under current laws.

Legal responses to HIV and AIDS: lessons from Swaziland.

PubMed

Shongwe, Musa N

2017-12-01

Since 1999, the HIV and AIDS epidemic in Swaziland has been declared a national disaster, and today HIV and AIDS still pose a great threat to the survival and development of Swaziland and its people. The impact of the pandemic necessitated a multi-faceted response from the government. This paper critically evaluates the Swaziland legal response to HIV and AIDS. The objective is to assess whether and to what extent Swazi law addresses human rights issues related to HIV and AIDS. Through the application of a human rights based theory, the paper analyses the domestication of Swaziland's treaty commitments, and the constitutional and the statutory frameworks. The paper advances the importance of "law" as a tool that can create an enabling environment for a national response to HIV and AIDS. It analyses how the government has successfully crafted the normative framework so as to make it responsive to the fight against HIV and AIDS, and the shortcomings of the Swaziland legal system in this fight. The paper argues that even though a credible legal and policy environment is in place, some laws still need to be supplemented, reviewed and amended so that the legal system adequately addresses the human rights issues related to HIV and AIDS. The paper suggests improvements to the legal system which mainly relate to aligning the legal framework with the Constitution of Swaziland and international conventions to which Swaziland is party.

Telemedicine can make healthcare greener.

PubMed

Yellowlees, Peter M; Chorba, Kathy; Burke Parish, Michelle; Wynn-Jones, Hannah; Nafiz, Najia

2010-03-01

The American healthcare industry is generally lacking environmentally sustainable practices. The environmental impact of healthcare practices in the country has been largely disregarded due to ambivalence, ignorance, and fears of additional costs and regulations. The current practices continue to pollute the environment by requiring large amounts of travel and paperwork by both the patient and the clinician. Telemedicine and health information technology help save time, energy, raw materials (such as paper and plastic), and fuel, thereby lowering the carbon footprint of the health industry. By implementing green practices, for instance, by engaging in carbon credit programs, the health industry could benefit financially as well as reduce its negative impact on the health of our planet. Companies that reduce their carbon emissions by implementing energy-saving practices can sell their carbon credits to companies that emit more carbon than permissible by their legally binding commitment. These carbon profits can then be used for healthcare research or to provide healthcare to the underserved. Alternatively, the savings could be used for green purchasing and to implement other carbon-reducing activities. This report reviews the numerous possible options for the American health industry to become greener and lower its carbon footprint while at the same time becoming more time- and cost efficient.

Cross-Border Quest: The Reality and Legality of Transplant Tourism

PubMed Central

Ambagtsheer, Frederike; Zaitch, Damián; van Swaaningen, René; Duijst, Wilma; Zuidema, Willij; Weimar, Willem

2012-01-01

Background. Transplant tourism is a phenomenon where patients travel abroad to purchase organs for transplants. This paper presents the results of a fieldwork study by describing the experiences of Dutch transplant professionals confronted by patients who allegedly purchased kidney transplants abroad. Second, it addresses the legal definition and prohibition of transplant tourism under national and international law. The final part addresses the legal implications of transplant tourism for patients and physicians. Methods. The study involved seventeen interviews among transplant physicians, transplant coordinators and policy-experts and a review of national and international legislation that prohibit transplant tourism. Results. All Dutch transplant centers are confronted with patients who undergo transplants abroad. The estimated total number is four per year. Transplant tourism is not explicitly defined under national and international law. While the purchase of organs is almost universally prohibited, transplant tourism is hardly punishable because national laws generally do not apply to crimes committed abroad. Moreover, the purchase of organs (abroad) is almost impossible to prove. Conclusions. Transplant tourism is a legally complex phenomenon that warrants closer research and dialogue. The legal rights and obligations of patients and physicians confronted with transplant tourism should be clarified. PMID:22655168

Cross-border quest: the reality and legality of transplant tourism.

PubMed

Ambagtsheer, Frederike; Zaitch, Damián; van Swaaningen, René; Duijst, Wilma; Zuidema, Willij; Weimar, Willem

2012-01-01

Background. Transplant tourism is a phenomenon where patients travel abroad to purchase organs for transplants. This paper presents the results of a fieldwork study by describing the experiences of Dutch transplant professionals confronted by patients who allegedly purchased kidney transplants abroad. Second, it addresses the legal definition and prohibition of transplant tourism under national and international law. The final part addresses the legal implications of transplant tourism for patients and physicians. Methods. The study involved seventeen interviews among transplant physicians, transplant coordinators and policy-experts and a review of national and international legislation that prohibit transplant tourism. Results. All Dutch transplant centers are confronted with patients who undergo transplants abroad. The estimated total number is four per year. Transplant tourism is not explicitly defined under national and international law. While the purchase of organs is almost universally prohibited, transplant tourism is hardly punishable because national laws generally do not apply to crimes committed abroad. Moreover, the purchase of organs (abroad) is almost impossible to prove. Conclusions. Transplant tourism is a legally complex phenomenon that warrants closer research and dialogue. The legal rights and obligations of patients and physicians confronted with transplant tourism should be clarified.

Ocean in peril: reforming the management of global ocean living resources in areas beyond national jurisdiction.

PubMed

Gjerde, Kristina M; Currie, Duncan; Wowk, Kateryna; Sack, Karen

2013-09-30

This article presents the outcome of research aimed at assisting governments in meeting their commitments and legal obligations for sustainable fisheries, based on increasing evidence that global fisheries are in crisis. The article assesses the effectiveness of the existing legal and institutional framework for high seas living resources. It focuses on: (1) the role of regional fisheries management organizations (RFMOs); (2) tools for compliance and enforcement to stem illegal fishing; and (3) mechanisms for habitat protection. The article further highlights a variety of options for addressing key weaknesses and gaps in current ocean governance, including United Nations General Assembly (UNGA) resolutions, reforms at the regional level, as well as a possible new legal instrument, with a view to informing international discussions on ways to ensure the sustainable use of high seas resources without compromising the health of the marine environment. Copyright © 2013 Elsevier Ltd. All rights reserved.

Strengthening Biosecurity in Iraq: Development of a National Biorisk Management System

PubMed Central

Al Jewari, Mahdi F. H.; Koblentz, Gregory D.

2016-01-01

Since 2004, the Republic of Iraq has undertaken a concerted effort to comply with all of its international obligations to prevent the proliferation and the use of chemical, biological, radiological, and nuclear (CBRN) weapons. A centerpiece of this effort is Iraq’s development of a National Biorisk Management System. The Iraqi National Monitoring Authority (INMA), which is responsible for CBRN security and non-proliferation in Iraq, has played a key role in establishing this system. This article provides an overview of Iraq’s international non-proliferation commitments, describes the legal and organizational steps it has taken to implement these commitments, and examines current initiatives to strengthen Iraq’s biosecurity. PMID:26952002

The Perceptions and Expectations Toward the Social Responsibility of Hospitals and Organizational Commitment of Nursing Staff.

PubMed

Hsieh, Sheng-Che; Chiu, Herng-Chia; Hsieh, Ya-Hui; Ho, Pei-Shen; Chen, Li-Chin; Chang, Wei-Chou

2016-09-01

The labor rights of medical workers in hospitals in Taiwan have been a key issue of discussion and controversy in recent years. Generally, poor work conditions and manpower shortages in hospitals have resulted in a vicious circle of severely overworked medical and healthcare staff and chronically low staffing and retention rates. This study employed corporate social responsibility as the conceptual framework of the social responsibility of hospitals to examine the perceptions and expectations of nurses toward the social responsibility practices of the hospital where they serve and to explore the relationship between these perceptions and organizational commitment (OC). The participants were all nurses who were employed by one medical group in southern Taiwan. Two hundred forty anonymous questionnaires, which included scales that were designed to measure the social responsibility of hospitals and OC, were distributed. Two hundred twenty-seven valid questionnaires were returned. Exploratory factor analysis was used to validate the dimension of the social responsibility of hospitals, and hierarchical multiregression analyses were used to verify the relationship between the perceptions of nurses with regard to the social responsibility practices of the hospital where nurses serve and OC. There were considerable differences between participants' perceptions and expectations toward the social responsibility of hospitals. The nurses with high perceptions toward the social responsibility practices of the hospital where they serve tended to have relatively high OC. Senior nurses who had high perceptions of the legal and rational, ethical, and economic dimensions of the social responsibility practices of the hospital where they serve exhibited relatively strong affective commitment. Nurses in junior positions who had high perceptions of the practices of ethical responsibilities exhibited relatively strong continuance commitment. Senior nurses who had high perceptions of the legal and rational, ethical, and discretionary dimensions of the social responsibility practices of the hospital where they serve exhibited relatively strong normative commitment. A friendly and humane work environment in hospital settings facilitates the implementation of social responsibility, which has been shown to foster higher levels of organizational identification and job performance among nurses and other hospital employees.

The Tie That Binds: Leadership and Liberal Arts Institutions' Civic Engagement Commitment in Rural Communities

ERIC Educational Resources Information Center

Goodman, Hunter Phillips

2014-01-01

Community boundary spanners create ties that bind the campus and its surrounding region for reciprocal relationships. Using community boundary spanning literature as a conceptual framework, this study went beyond existing research on public and 4-year comprehensive universities to examine how university leadership at rural, private liberal arts…

Mental Retardation and the Law: A Report on Status of Current Court Cases, December 1975.

ERIC Educational Resources Information Center

Friedman, Paul R.; Beck, Ronna Lee

Reported are seven new court cases and updated information on 39 previously reported cases regarding the legal rights of the retarded. Analyzed are cases on the following topics (with sample cases in parentheses): classification (Steward, et. al. v. Philips, et al.); commitment (Pate v. Parham and White v. Director of Michigan Department of Mental…

Consequences of Law and Rule Breaking (Law-Related Education Materials) 1982-83. Materials Produced by Teachers in Highlands County.

ERIC Educational Resources Information Center

Allen, Rodney F., Ed.

Approximately 40 teacher-developed activities for legal education in some Florida elementary and junior high schools focus on the consequences of breaking rules and committing crimes and on victims of crime (individuals, community, society). Most of the lessons present a brief, one-page reading followed by questions to determine students'…

Consequences of Law and Rule Breaking (Law Related Education Materials) 1982-83. Materials Produced by Teachers in Hardee County.

ERIC Educational Resources Information Center

Allen, Rodney F., Ed.

Approximately 60 teacher-developed activities for legal education in some Florida elementary and junior high schools focus on the consequences of breaking rules and committing crimes and on victims of crime (individuals, community, society). Most of the lessons present a brief, one-page reading followed by questions to determine students'…

The Problem of Higher Education in the Executive System of Russian Government

ERIC Educational Resources Information Center

Salakhova, Valentina B.; Ovsyanik, Olga A.; Shmeleva, Natalya B.; Lvova, Elena N.; Shabanova, Oksana V.

2016-01-01

The relevance of the investigated problem is attributed to the fact that in modern Russian society punishment of crime is not only the punishment for a committed offense, but also a method aimed at correction and discipline of the convict. However, legal and psychological literature, as well as mass opinion has formed the belief that penitentiary…

[Evaluation of medication advertising broadcast on radio stations].

PubMed

Batista, Almária Mariz; Carvalho, Maria Cleide Ribeiro Dantas de

2013-02-01

The scope of this paper was to evaluate advertising for medication broadcast on radio stations in Natal, State of Rio Grande do Norte, Brazil, from April to September 2008 and from April to September 2010. The advertising was recorded and transcribed in order to conduct legal analysis and content analysis based on the precepts of Laurence Bardin. Both the advertising recorded during the first stage (regulated by RDC 102/00) and the second stage (regulated by RDC 96/08) contained some form of legal violation. Content analysis detected practically the same violations in both stages, namely the lack of information regarding adverse effects of the medication, appeal to consumption, exaggeration of efficiency/effectiveness and abusive exploitation of illness. Despite the inclusion of more modern and restrictive legislation, radio advertising continues to violate the law blatantly, committing abuse and disrespecting the population's entitlement to good health. The study reveals the need for medication advertising to be dealt with in a broader context, in other words to be treated as a public health concern. It must take into consideration the socio-historical scenario in which it evolved, since the legislation alone is insufficient to combat abuse committed to the detriment of public health.

The development of a national HIV Plan in Belgium: Achieving consensus despite institutional complexity.

PubMed

Schweikardt, Christoph; Coppieters, Yves

2015-10-01

The development of a national HIV Plan poses serious challenges to countries with a complex distribution of legal powers such as Belgium. This article explores how the Belgian national HIV Plan 2014-2019 was developed. Applying the policy streams model of John Kingdon, the analysis of the HIV Plan development process was based on published government statements, parliamentary documents, and websites of stakeholders. The Federal Ministry of Health initiative to achieve the HIV Plan was characterized by a coordinating role with a participatory approach towards the other Belgian governments and stakeholders. The 2013 protocol agreement of the Belgian governments committed them to principles, actions, and cooperation, but not to budgets, priorities, or target figures. The Federal government followed a successful strategy to create momentum and commitment to a common national vision on HIV/AIDS. The window of opportunity was not sufficient to create an implementation plan prior to the 2014 elections, and major challenges were left to the subsequent governments, including financing. The country of Belgium represents an example of a consensus strategy to achieve a national HIV Plan with its achievements and limits within institutional complexity and limited Federal legal powers. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

Establishment of Legal Paternity for Children of Unmarried American Women : Trade-Offs in Male Commitment to Paternal Investment.

PubMed

Anderson, Kermyt G

2017-06-01

The establishment of a legal father for children of unmarried parents reflects both high paternity confidence and male willingness to commit to paternal investment. Whether an unmarried man voluntarily acknowledges paternity after a child is born has important consequences for both the mother and child. This paper brings to bear a life history perspective on paternity establishment, noting that men face trade-offs between mating and parental effort and that women will adjust their investment in children based on expected male investment. I predict that paternity establishment will be more likely when the mother has high socioeconomic status, when maternal health is good, and when the child is male, low parity, or a singleton (versus multiple) birth. I further predict that establishment of paternity will be associated with increased maternal investment in offspring, resulting in healthier babies with higher birthweights who are more likely to be breastfed. These predictions are tested using data on 5.4 million births in the United States from 2009 through 2013. Overall the results are consistent with the hypothesis that the trade-offs men face between reproductive and parental investment influence whether men voluntarily acknowledge paternity when a child is born.

[Recent case law about the right to die].

PubMed

Bascuñán R, Antonio

2016-04-01

This paper reviews the sentences dictated between 1993 and 2002 by the Supreme Courts of Canada and the Unites States, the House of Lords and Supreme Court of the United Kingdom and the European Human Rights Court, about the validity of the legal prohibition of assistance for suicide. These sentences constituted a judicial consensus about the right to die. This consensus recognized the legal right of patients to reject medical treatments but did not recognize the right to be assisted by a physician to commit suicide. This exclusion is changing in the recent case law of Canada and the United Kingdom, which accepts the fundamental right of terminal patients to medically assisted suicide.

Self-regulation of goal setting: turning free fantasies about the future into binding goals.

PubMed

Oettingen, G; Pak, H; Schnetter, K

2001-05-01

Fantasy realization theory states that when people contrast their fantasies about a desired future with reflections on present reality, a necessity to act is induced that leads to the activation and use of relevant expectations. Strong goal commitment arises in light of favorable expectations, and weak goal commitment arises in light of unfavorable expectations. To the contrary, when people only fantasize about a desired future or only reflect on present reality, expectancy-independent moderate goal commitment emerges. Four experiments pertaining to various life domains supported these hypotheses. Strength of goal commitment was assessed in cognitive (e.g., making plans), affective (e.g., felt attachment), and behavioral terms (e.g., effort expenditure, quality of performance). Implications for theories on goal setting and goal striving are discussed.

Client Engagement in Legally-Mandated Addiction Treatment: A Prospective Study Using Self-Determination Theory.

PubMed

Wild, T Cameron; Yuan, Yan; Rush, Brian R; Urbanoski, Karen A

2016-10-01

Mixed evidence on the effectiveness of using legal referrals to leverage treatment participation may reflect unmeasured variability in client motivations for seeking care. We hypothesized that associations between legal referral and client engagement would be moderated by reasons that clients sought treatment, as conceptualized by self-determination theory (SDT). Adults entering a Western Canadian residential addiction treatment program (N=325; 49.2% male; 54.5% First Nations, Métis, or Inuit; 15.1% legally referred; M age=32.9 years, range=18-63, SD=10.3) rated the extent to which treatment was being sought because of coercive social pressures (external motivation; α=.85), guilt and shame about continued substance misuse (introjected motivation; α=.82), or a valued commitment to the goals of the program (identified motivation; α=.91). Six weeks later, clients rated their level of cognitive involvement in treatment (83.4% completion rate); chart reviews assessed retention status and number of days retained until drop-out. Multivariable Cox regression and logistic regression analyses showed that legally-mandated clients who reported low admission levels of identified or external treatment motivation were most likely to exhibit early dropout. Legally-mandated clients who reported high admission levels of introjected motivation were most likely to be retained in treatment with high cognitive involvement. SDT provides a useful framework for describing how associations between legal referral and client engagement in treatment vary, depending on their reasons for seeking care. Copyright © 2016 Elsevier Inc. All rights reserved.

Legally protecting and compelling veterinarians in issues of animal abuse and domestic violence.

PubMed

Robertson, I A

2010-06-01

The majority of veterinarians recognise their important role and responsibility to society and animal welfare in the detection and reporting of suspected abuse of animals and humans. In spite of the existing moral, ethical, and legal duties applied to veterinarians, they face substantial barriers that prohibit them from fulfilling their professional role in handling cases of suspected abuse. With increasing public and legal attention on issues of animal welfare, the non-fulfillment of these duties places the profession and its members at considerable risk of public criticism and adverse legal accountability. The issue is raised here that the veterinary profession in New Zealand needs to provide a clear policy statement and take pro-active measures that provide practical enforceable solutions to these existing barriers and legal risks. Such an initiative will assist in ensuring that all registered members consistently fulfil their obligations, and are legally protected while doing so. Veterinary counterparts overseas already provide a legislative immunity for their veterinarians who report suspected abuse as part of a mandated duty to report. Implementation of such a duty has significant benefits for all veterinarians, including the requirement for education and effective support systems. In the absence of such a mandatory duty, intermediary measures can be introduced, demonstrating social responsibility and commitment by the profession to their existing duty of care.

"Deterrability" among Gang and Nongang Juvenile Offenders: Are Gang Members More (or Less) Deterrable than Other Juvenile Offenders?

ERIC Educational Resources Information Center

Maxson, Cheryl L.; Matsuda, Kristy N.; Hennigan, Karen

2011-01-01

This study investigates the effect of the threat of legal sanctions on intentions to commit three types of offenses with a representative sample of 744 officially adjudicated youth with varying histories of offenses and gang involvement. In a departure from previous research, the authors find small severity effects for property crimes that are not…

JPRS Report Environmental Issues

DTIC Science & Technology

1990-08-31

construction of ecologically devastating canals for the interbasin transfer of water ("river diversions") and to "norm" man’s impact upon water ecosystems for...Malicious poaching has increased. The fishing inspectors lack social, physical and legal protec- tion. The wage system has not yet been rectified...scale poaching by Japanese vessels carrying phony num- bers and names. Glavrybvod suspended fishing for all Japanese vessels committing violations

Guidelines for Preventing Workplace Violence for Health Care and Social Service Workers

DTIC Science & Technology

1998-01-01

commitment, including the endorse- ment and visible involvement of top management , provides the motivation and resources to deal effec- tively with workplace...program to ensure that all managers , supervisors, and employ- ees understand their obligations. • Appropriate allocation of authority and resources to...operations, employee assistance, security, occupational safety and health, legal, and human resources staff. The team or coordinator can review injury

Benefit sharing: an exploration on the contextual discourse of a changing concept

PubMed Central

2013-01-01

Background The concept of benefit sharing has been a topical issue on the international stage for more than two decades, gaining prominence in international law, research ethics and political philosophy. In spite of this prominence, the concept of benefit sharing is not devoid of controversies related to its definition and justification. This article examines the discourses and justifications of benefit sharing concept. Discussion We examine the discourse on benefit sharing within three main spheres; namely: common heritage of humankind, access and use of genetic resources according to the Convention on Biological Diversity (CBD), and international clinical research. Benefit sharing has change from a concept that is enshrined in a legally binding regulation in the contexts of common heritage of humankind and CBD to a non-binding regulation in international clinical research. Nonetheless, there are more ethical justifications that accentuate benefit sharing in international clinical research than in the contexts of common heritage of humankind and the CBD. Summary There is a need to develop a legal framework in order to strengthen the advocacy and decisiveness of benefit sharing practice in international health research. Based on this legal framework, research sponsors would be required to provide a minimum set of possible benefits to participants and communities in research. Such legal framework on benefit sharing will encourage research collaboration with local communities; and dispel mistrust between research sponsors and host communities. However, more research is needed—drawing from other international legal frameworks, to understand how such a legal framework on benefit sharing can be successfully formulated in international health research. PMID:24028325

Conflict Minerals in Electronic Systems: An Overview and Critique of Legal Initiatives.

PubMed

Jameson, N Jordan; Song, Xin; Pecht, Michael

2016-10-01

The Democratic Republic of Congo has vast natural resources, many of which are regularly exploited by the electronics industry. Unfortunately, in addition to these resources, there are widespread human rights abuses committed by armed groups entrenched in the eastern part of the Democratic Republic of Congo. These armed groups are using profits from these minerals as a source of funding. Their human rights abuses have led to a growing humanitarian interest in the region and prompted the international community to action. This paper explores the conflicts in the Democratic Republic of Congo, provides an understanding of the link between human rights abuses and conflict minerals, and interprets and critiques the legal actions of the international community.

Religion and attitudes toward abortion and abortion policy in Brazil.

PubMed

Ogland, Curtis P; Verona, Ana Paula

2011-01-01

This study examines the association between religion and attitudes toward the practice of abortion and abortion policy in Brazil. Drawing upon data from the 2002 Brazilian Social Research Survey (BSRS), we test a number of hypotheses with regard to the role of religion on opposition to the practice of abortion and its legalization. Findings indicate that frequently attending Pentecostals demonstrate the strongest opposition to the practice of abortion and both frequently attending Pentecostals and Catholics demonstrate the strongest opposition to its legalization. Additional religious factors, such as a commitment to biblical literalism, were also found to be significantly associated with opposition to both abortion issues. Ultimately, the findings have implications for the future of public policy on abortion and other contentious social issues in Brazil.

The Course Syllabus: Legal Contract or Operator's Manual?

PubMed

Rumore, Martha M

2016-12-25

A course syllabus provides a roadmap for pharmacy students to achieve course learning objectives and develop lifelong learning skills. For several decades the literature has referred to syllabi as legal documents and/or contracts between students and professors. A review of the legal precedents reveals that syllabi are not considered contracts because the courts refuse thus far to recognize educational malpractice or breach of contract as a cause of action. Syllabi do, however, represent a triggering agent for instructional dissent and grade appeals, may be binding in student appeal proceedings, and are used in judicial hearings. Pharmacy faculty members should review their syllabi and follow process improvement strategies to construct legally sound syllabi that can both enhance learning and minimize risks of student grievances and appeals.

State Transition to High-Quality, College/Career-Ready Assessments: A Workbook for State Action on Key Policy, Legal, and Technical Issues. Updated

ERIC Educational Resources Information Center

Achieve, Inc., 2013

2013-01-01

Over the next few years, states will be transitioning to new, high-quality assessments aligned to the Common Core State Standards (CCSS) or other state college- and career-ready (CCR) standards. States are committed to making this transition in a manner that is determined and thoughtful--to help transform teaching and learning, advance CCR…

Pension funds warrant a financial manager's review.

PubMed

Seidner, A G

1990-10-01

A hospital's pension funds may be managed by its finance department, another internal department, or an outside investment adviser. Whatever the arrangement, healthcare financial managers should be involved in the decision between internal and external management of pension funds. A financial manager also can play a prominent role in developing a pension fund policy that balances a hospital's commitment to legal requirements, pension plan goals, and communication with investment advisers.

Keeping up With The Neighbors: Nonproliferation and Implementation of UNSCR 1540

DTIC Science & Technology

2016-02-15

of Acts of Nuclear Terrorism (ICSANT) 25 3.2. Voluntary Commitments 3.2.1. International Atomic Energy Agency ( IAEA ) membership 3.2.2... IAEA Nuclear Security Fund contributions 3.2.7. Bilateral or multilateral assistance 3.2.8. Centers of Excellence 3.3. International Assurances...CPPNM implementation authority 4.2.2. National legal framework for CPPNM 4.3. Safeguards Adherence and Compliance 4.3.1. IAEA safeguards agreement

The Ethical, Legal, and Social Implications Program of the National Human Genome Research Institute: reflections on an ongoing experiment.

PubMed

McEwen, Jean E; Boyer, Joy T; Sun, Kathie Y; Rothenberg, Karen H; Lockhart, Nicole C; Guyer, Mark S

2014-01-01

For more than 20 years, the Ethical, Legal, and Social Implications (ELSI) Program of the National Human Genome Research Institute has supported empirical and conceptual research to anticipate and address the ethical, legal, and social implications of genomics. As a component of the agency that funds much of the underlying science, the program has always been an experiment. The ever-expanding number of issues the program addresses and the relatively low level of commitment on the part of other funding agencies to support such research make setting priorities especially challenging. Program-supported studies have had a significant impact on the conduct of genomics research, the implementation of genomic medicine, and broader public policies. The program's influence is likely to grow as ELSI research, genomics research, and policy development activities become increasingly integrated. Achieving the benefits of increased integration while preserving the autonomy, objectivity, and intellectual independence of ELSI investigators presents ongoing challenges and new opportunities.

Compensation for subjects of medical research: the moral rights of patients and the power of research ethics committees.

PubMed Central

Guest, S

1997-01-01

Awareness of the morally significant distinction between research and innovative therapy reveals serious gaps in the legal provision for compensation in the UK for injured subjects of medical research. Major problems are limitations inherent in negligence actions and a culture that emphasises indemnifying researchers before compensating victims. Medical research morally requires compensation on a no-fault basis even where there is proper consent on the part of the research subject. In particular, for drug research, there is insufficient provision in the current patient guidelines of the Association of the British Pharmaceutical Industry, since they make "no legal commitment" to paying compensation for injury to patient subjects. There is a need for the provision of both adequate insurance and contractual arrangements for making payments. The solution is for Local Research Ethics Committees (LRECs) to make use of their power to withhold approval of medical research where compensation is not legally enforceable. PMID:9220333

Clinical and Epidemiological Characteristics of Suicides Committed in Medellin, Colombia.

PubMed

Ortega, Paula Andrea; Manrique, Ruben Darío; Tovilla Zarate, Carlos Alfonso; López Jaramillo, Carlos; Cuartas, Jorge Mauricio

2014-01-01

The purpose of this study was to identify the characteristics of individuals who committed suicide in Medellín between 2008 and 2010, and to identify variables related to the type of events. A retrospective and descriptive analysis was conducted on data provided by the National Institute of Legal Medicine and Forensic Sciences. In addition, a univariate and bivariate analysis was used to identify the sociodemographic and medical-legal characteristics of the deceased. Multiple correspondence analysis was also used in order to establish typologies. The information was analyzed using STATA 11.0. Of the 389 cases occurring between 2008 and 2010, 84.6% (n=329) were men. The male to female ratio was 5:1; 64% of the cases occurred in people aged 18-45 years; 6.7% occurred in children under 18, with hanging being the method most chosen by the victims (48.3%). Exploratory analysis was used to identify a possible association between the use of violent methods and events occurring in the housing and social strata 1, 2 and 3. Some factors could be associated with suicide, providing data that could consolidate health intervention strategies in our population. Copyright © 2013 Asociación Colombiana de Psiquiatría. Publicado por Elsevier España. All rights reserved.

Establishment of Legal Paternity for Children of Unmarried American Women Trade-offs in Male Commitment to Paternal Investment

PubMed Central

2017-01-01

The establishment of a legal father for children of unmarried parents reflects both high paternity confidence and male willingness to commit to paternal investment. Whether an unmarried man voluntarily acknowledges paternity after a child is born has important consequences for both the mother and child. This paper brings to bear a life history perspective on paternity establishment, noting that men face trade-offs between mating and parental effort and that women will adjust their investment in children based on expected male investment. I predict that paternity establishment will be more likely when the mother has high socioeconomic status, when maternal health is good, and when the child is male, low parity, or a singleton (versus multiple) birth. I further predict that establishment of paternity will be associated with increased maternal investment in offspring, resulting in healthier babies with higher birthweights who are more likely to be breastfed. These predictions are tested using data on 5.4 million births in the United States from 2009 through 2013. Overall the results are consistent with the hypothesis that the trade-offs men face between reproductive and parental investment influence whether men voluntarily acknowledge paternity when a child is born. PMID:28205120

Practical implications of understanding the influence of motivations on commitment to voluntary urban conservation stewardship.

PubMed

Asah, Stanley T; Blahna, Dale J

2013-08-01

Although the word commitment is prevalent in conservation biology literature and despite the importance of people's commitment to the success of conservation initiatives, commitment as a psychological phenomenon and its operation in specific conservation behaviors remains unexplored. Despite increasing calls for conservation psychology to play a greater role in meeting conservation goals, applications of the psychological sciences to specific conservation behaviors, illustrating their utility to conservation practice, are rare. We examined conservation volunteers' motivations and commitment to urban conservation volunteering. We interviewed key informant volunteers and used interview findings to develop psychometric scales that we used to assess motivations and commitment to volunteer. We surveyed 322 urban conservation volunteers and used factor analysis to reveal how volunteers structure their motivations and commitment to volunteer for urban conservation activities. Six categories of motivations and 2 categories of commitment emerged from factor analysis. Volunteers were motivated by desires to help the environment, defend and enhance the ego, career and learning opportunities, escape and exercise, social interactions, and community building. Two forms of commitment, affective and normative commitment, psychologically bind people to urban conservation volunteerism. We used linear-regression models to examine how these categories of motivations influence volunteers' commitment to conservation volunteerism. Volunteers' tendency to continue to volunteer for urban conservation, even in the face of fluctuating counter urges, was motivated by personal, social, and community functions more than environmental motivations. The environment, otherwise marginally important, was a significant motivator of volunteers' commitment only when volunteering met volunteers' personal, social, and community-building goals. Attention to these personal, social, and community-building motivations may help enhance volunteers' commitment to conservation stewardship and address the pressing challenge of retaining urban conservation volunteers. © 2013 Society for Conservation Biology.

The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?

PubMed

Nikogosian, Haik; Kickbusch, Ilona

2016-09-04

Public health instruments have been under constant development and renewal for decades. International legal instruments, with their binding character and strength, have a special place in this development. The start of the 21st century saw, in particular, the birth of the first World Health Organization (WHO)-era health treaties - the WHO Framework Convention on Tobacco Control (WHO FCTC) and its first Protocol. The authors analyze the potential impact of these instruments on global health governance and public health, beyond the traditional view of their impact on tobacco control. Overall, the very fact that globally binding treaties in modern-era health were feasible has accelerated the debate and expectations for an expanded role of international legal regimes in public health. The impact of treaties has also been notable in global health architecture as the novel instruments required novel institutions to govern their implementation. The legal power of the WHO FCTC has enabled rapid adoption of further instruments to promote its implementation, thus, enhancing the international instrumentarium for health, and it has also prompted stronger role for national legislation on health. Notably, the Convention has elevated several traditionally challenging public health features to the level of international legal obligations. It has also revealed how the legal power of the international health instrument can be utilized in safeguarding the interests of health in the face of competing agendas and legal disputes at both the domestic and international levels. Lastly, the legal power of health instruments is associated with their potential impact not only on health but also beyond; the recently adopted Protocol to Eliminate Illicit Trade in Tobacco Products may best exemplify this matter. The first treaty experiences of the 21st century may provide important lessons for the role of legal instruments in addressing the unfolding challenges in global health. © 2016 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

Excellence and safety in surgery require excellent and safe tutoring.

PubMed

Ferrarese, Alessia; Buccelli, Claudio; Addeo, Giuseppe; Capasso, Emanuele; Conti, Adelaide; Amato, Maurizio; Compagna, Rita; Niola, Massimo; Martino, Valter

2016-01-01

The surgical education in Italy has always been a very important issue. The aim of this article is to bring together the feedback of the definitions of the various components of the learning scheme and to evaluate the importance of the legal point. In March 2016 we performed a literature review. We have also examinated the internet pages of the Italian Department of Education, Health and Medical Order. In Italy the tutor had an unclear role from a legal point of view. He is the person who must be able to perform a specific procedure with expert technical and who must know how to stop the student if this is about to perform a dangerous maneuver. In Italy the ability to work for the trainee is limited in all reality, it depends on several factors including the increase of numbers of medical-legal disputes, the timing, the commitment it requires mentoring and a lack of mentors. In surgery, the problem is greater because of the increasingly of medico-legal implications that we are after surgical procedure. It would be necessary to define a role of the tutor in a regular protocol and a proper assessment of his performance.

Ethical and legal controversies in cloning for biomedical research--a South African perspective.

PubMed

Dhai, A; Moodley, J; McQuoid-Mason, D J; Rodeck, C

2004-11-01

Therapeutic embryonic stem cell research raises a number of ethical and legal issues. The promised benefits are new and important knowledge of human embryological development, gene action, and the production of transplantable tissue and organs that could be effective in reversing or curing currently irreversible disease processes. However, this research involves the deliberate production, use, and ultimate destruction of cloned embryos, hence re-awakening the debate on the moral status of the embryo. Other moral anxieties include the possibility that women (as donors of ova) would be exploited, that this research would land on the slippery slope of reproductive cloning, and that promises made too early could lead to false hope among sick patients. It also raises the question of intellectual and actual property rights in human cell lines and the techniques by which they are produced. Review of legal systems internationally reveals that there is no global consensus on therapeutic embryonic stem cell research. Legal considerations are very much influenced by ethical deliberations on the moral status of the embryo. The South African parliament is promulgating legislation permitting therapeutic cloning, thereby demonstrating a commitment by the state to act in the best interests of patients and of regenerative medicine.

[Mental capacity and capacity to consent: multicentric study in a involuntary psychiatric hospitalized patients sample].

PubMed

Carabellese, Felice; Mandarelli, Gabriele; La Tegola, Donatella; Parmigiani, Giovanna; Ferracuti, Stefano; Quartesan, Roberto; Bellomo, Antonello; Catanesi, Roberto

2017-01-01

The purpose of this longitudinal observational study is to evaluate the course and impact of clinical, social, and behavioral variables on the involuntary readmission of psychiatric patients, during a 6-months follow-up after discharge from a prior involuntary hospitalization. N=131 involuntarily committed psychiatric patients were enrolled in three university hospitals (Bari n=57; Perugia n=42; Rome n=32). At the first assessment cognitive functioning (MMSE), psychiatric symptoms severity (BPRS-E), capacity to consent to treatment (MacCAT-T) as well as principal socio-demographic and clinical variables were collected. At 6-months follow-up, we collected data concerning involuntary psychiatric readmissions, pharmacotherapy adherence, new deliberate self-harm or harm to others as well as having been legally prosecuted. N=120 patients were reevaluated at follow-up (M=188 days, SD=12.6); among these n=15 (12.5%) have had a new involuntary psychiatric admission due to an acute mental disorder. Re-hospitalized patients showed higher rates of harm to others (p<0.05) and legal prosecution (p<0.05); there was moreover a trend toward higher pharmacological dropout rates in involuntarily rehospitalized patients. We found no differences between the two groups in baseline psychiatric symptoms severity and cognitive functioning, whereas involuntary re-hospitalization was associated with more frequent involuntary hospitalization during last year (p<0.05) and higher MacCAT-T reasoning (p<0.05). Involuntary psychiatric readmission rates proved to be poorly associated with clinical features assessed during previous hospitalization. Our data suggest that social and legal factors, including those connected to patients' dangerousness, could play a role also in a civil commitment system based solely on the need for treatment.

Neuroprediction, Violence, and the Law: Setting the Stage.

PubMed

Nadelhoffer, Thomas; Bibas, Stephanos; Grafton, Scott; Kiehl, Kent A; Mansfield, Andrew; Sinnott-Armstrong, Walter; Gazzaniga, Michael

2012-04-01

In this paper, our goal is to (a) survey some of the legal contexts within which violence risk assessment already plays a prominent role, (b) explore whether developments in neuroscience could potentially be used to improve our ability to predict violence, and (c) discuss whether neuropredictive models of violence create any unique legal or moral problems above and beyond the well worn problems already associated with prediction more generally. In "Violence Risk Assessment and the Law", we briefly examine the role currently played by predictions of violence in three high stakes legal contexts: capital sentencing ("Violence Risk Assessment and Capital Sentencing"), civil commitment hearings ("Violence Risk Assessment and Civil Commitment"), and "sexual predator" statutes ("Violence Risk Assessment and Sexual Predator Statutes"). In "Clinical vs. Actuarial Violence Risk Assessment", we briefly examine the distinction between traditional clinical methods of predicting violence and more recently developed actuarial methods, exemplified by the Classification of Violence Risk (COVR) software created by John Monahan and colleagues as part of the MacArthur Study of Mental Disorder and Violence [1]. In "The Neural Correlates of Psychopathy", we explore what neuroscience currently tells us about the neural correlates of violence, using the recent neuroscientific research on psychopathy as our focus. We also discuss some recent advances in both data collection ("Cutting-Edge Data Collection: Genetically Informed Neuroimaging") and data analysis ("Cutting-Edge Data Analysis: Pattern Classification") that we believe will play an important role when it comes to future neuroscientific research on violence. In "The Potential Promise of Neuroprediction", we discuss whether neuroscience could potentially be used to improve our ability to predict future violence. Finally, in "The Potential Perils of Neuroprediction", we explore some potential evidentiary ("Evidentiary Issues"), constitutional ("Constitutional Issues"), and moral ("Moral Issues") issues that may arise in the context of the neuroprediction of violence.

Point of view: Hillary Rodham Clinton.

PubMed

Clinton, H R

1999-04-01

During the 1994 International Conference on Population and Development (ICPD) in Cairo, 180 nations agreed for the first time that women's reproductive health and empowerment are crucial to national sustainability and growth. In the US the government has increased funding to family planning (FP) and reproductive care services nationwide, while continuing to ensure that abortion remain safe, legal, and increasingly rare. Commitments to FP must be continued in light of the nearly 600,000 annual deaths worldwide from pregnancy-related causes. Commitments to education must continue because two-thirds of the 960 million illiterate adults are women. The goals to reach by the year 2015 are for pregnancies to be planned, children to be wanted, and women to achieve their rightful place in society. Educating women means educating families, and educating families means educating societies.

[The harm to health of the under-age individuals as an objective criterion for the differentiation of criminal responsibilities for committing non-violent sexual offence against them].

PubMed

Bimbinov, A A

2016-01-01

The present publication is devoted to the search for the objective criterion for the differentiation of criminal responsibilities for committing non-violent sexual offence against the juveniles under the age of 16 years. It has been shown that the current version of articles 134 and 135 of the criminal code of the Russian Federation does not adequately reflect the true character and the social danger of such actions. The formal methods of the legal, logical, and concrete sociological analysis were employed to substantiate the necessity of differentiation of criminal liability for the non-violent sexual abuse depending on the degree of potential harm to the health of the under-age individuals.

The Course Syllabus: Legal Contract or Operator’s Manual?

PubMed Central

2016-01-01

A course syllabus provides a roadmap for pharmacy students to achieve course learning objectives and develop lifelong learning skills. For several decades the literature has referred to syllabi as legal documents and/or contracts between students and professors. A review of the legal precedents reveals that syllabi are not considered contracts because the courts refuse thus far to recognize educational malpractice or breach of contract as a cause of action. Syllabi do, however, represent a triggering agent for instructional dissent and grade appeals, may be binding in student appeal proceedings, and are used in judicial hearings. Pharmacy faculty members should review their syllabi and follow process improvement strategies to construct legally sound syllabi that can both enhance learning and minimize risks of student grievances and appeals. PMID:28179726

The climate of child welfare employee retention.

PubMed

Cahalane, Helen; Sites, Edward W

2008-01-01

This article describes differences in perceptions of the child welfare work environment among Title IV-E educated individuals who remain within public child welfare and those who sought employment elsewhere after fulfilling a legal work commitment. Job satisfaction, emotional exhaustion, and personal accomplishment were predictive of staying versus leaving. The empirical evidence suggests that efforts to retain highly skilled and educated public child welfare workers should focus on creating positive organizational climates within agencies.

A Personal Journey into Gay Marriage in a Heteronormative Society: Or...How Many Times Do We Have to Get "Married" in Order to Have Our Rights in the USA?

ERIC Educational Resources Information Center

King, Kathleen P.

2010-01-01

Understanding the continuing struggle for lesbian, gay, bisexual, transgender, and queer (LGBTQ) equality can be difficult for people who have not experienced the issues firsthand. This brief article describes the journey of one woman and her female partner as they repeatedly seek to make their lifetime commitment legal in the USA. Readers will…

[The establishment of relationship between mental disorder of a victim and psychotraumatic effect of sexual character in the legal expertise of "health harm severity"].

PubMed

Iakovleva, E Iu

2009-01-01

Based on the analysis of 51 cases of sexual crimes committed against persons with mean age 11,1 years, main points of expert analysis of statement or exclusion of cause-effect relationship between mental disorder of a victim and psychogenic action of sexual infringement in the legal expertise of "health harm severity" are presented. The regularities of development of mental disorder in judicially significant situations with regard to the influence of different types of psychogenic factors (specific sexual traumatization, additional and concomitant factors, non-specific psychogenic factors) are described. Definitions of different variants of cause-effect relationships (directed, modified) are formulated. The author suggests the grounds for choosing a form (definite, probable) of expert conclusion.

The law's interface with expanding technology

NASA Technical Reports Server (NTRS)

Green, H. P.

1972-01-01

The role of the law in technology assessment is described in generalized terms of a legal system as it confronts expanding technology. The functions of a technology assessment are considered to be twofold; provide for legislative action designed to channel technological advance along lines which are regarded as optimal from the standpoint of society's interests; and encourage and promote legislative action which will deal decisively with the potential disruptions and injuries caused by technology at a much earlier stage of the growth of the technology than is feasible under the present legal system. It is concluded that since new law always has a disruptive effect on expectations and commitments arrived at under old law, it is generally desirable that new legislation should make the least possible change in the law consistant with accomplishing the desired objective.

[Advance Directives - Not a Lot of Margin for Error - The Surgeon's View of a Complex Medical-Legal Topic].

PubMed

Slotta, J E; Schilling, M K; Ghadimi, M; Kollmar, O

2015-08-01

Since September 1st, 2009, the most recent version of the German "Betreuungsrechtsänderungsgesetz" has been validated by the legislators. It precisely sets out how physicians and nursing staff have to deal with a written declaration of a patient's will. This new law focuses in a special way on advance directives, describes the precise rules for the authors of an advance directive and shows both its sphere of action and its limitations. This article aims to give an overview on the legal scope of advance directives, and to illustrate potential limitations and conflicts. Furthermore, it shows the commitments and rights of the medical team against the background of an existing advance directive. Georg Thieme Verlag KG Stuttgart · New York.

7 CFR 1942.126 - Planning, bidding, contracting, constructing, procuring.

Code of Federal Regulations, 2013 CFR

2013-01-01

... evaluate the proposals received or can obtain adequate assistance from other sources, such as State or.... Contract documents must be sufficiently descriptive and legally binding to accomplish the work as...

7 CFR 1942.126 - Planning, bidding, contracting, constructing, procuring.

Code of Federal Regulations, 2012 CFR

2012-01-01

... evaluate the proposals received or can obtain adequate assistance from other sources, such as State or.... Contract documents must be sufficiently descriptive and legally binding to accomplish the work as...

7 CFR 1942.126 - Planning, bidding, contracting, constructing, procuring.

Code of Federal Regulations, 2010 CFR

2010-01-01

... evaluate the proposals received or can obtain adequate assistance from other sources, such as State or.... Contract documents must be sufficiently descriptive and legally binding to accomplish the work as...

7 CFR 1942.126 - Planning, bidding, contracting, constructing, procuring.

Code of Federal Regulations, 2011 CFR

2011-01-01

... evaluate the proposals received or can obtain adequate assistance from other sources, such as State or.... Contract documents must be sufficiently descriptive and legally binding to accomplish the work as...

7 CFR 1942.126 - Planning, bidding, contracting, constructing, procuring.

Code of Federal Regulations, 2014 CFR

2014-01-01

... evaluate the proposals received or can obtain adequate assistance from other sources, such as State or.... Contract documents must be sufficiently descriptive and legally binding to accomplish the work as...

Psychiatric hospitalization of children in Florida. Legal aspects.

PubMed

Mutch, S A; Myers, W C

1994-07-01

The hospitalization of children in psychiatric hospitals and their associated rights or lack thereof remains an important issue. Much attention has been focused on children's rights in Florida, most recently with the cases of Gregory K. and Kimberly Mays. On a national level, Hillary Rodham Clinton has drawn attention to children's rights through her advocacy for children. The commitment of children to mental health facilities in Florida deserves examination. This is an important issue, not only to the psychiatrist who tests youths, but also to the family practitioner, internist, or any other referring physician who is involved in the case of the child and the family. It is imperative that the primary care physician as well as the psychiatrist know and understand the limitations and requirements for civil commitment of a child in a psychiatric setting.

Asphyxial suicide by inhalation of chloroform inside a plastic bag.

PubMed

Zorro, Andres Rodriguez

2014-01-01

Asphyxia suicide by placing a plastic bag over the head in addition with inhalation of gases or use of sedative substances is an unusual method of committing suicide, but frequently referenced by right to die groups in the Internet. This article reports 2 suicides in which chloroform was used to induce unconsciousness and subsequent asphyxia by placing the head in a plastic bag. Case histories of 2 males, ages 23 and 28, are described with special emphasis on characteristics death related to suffocation using plastic bags and chloroform. The final remarkable point in both cases is that the victims previously searched the WEB for instructions of suicide methods. The importance of the phenomenon of misuse of Internet by young people who commit suicide is stressed. Copyright © 2013 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

Investigation of Legal Criteria Governing Notice Requirements and Oral Change Order Disputes

DTIC Science & Technology

1989-05-01

compared waiver to equitable estoppel . The doctrine of estoppel prevents the owner from insisting upon strict compliance of the contract requirements...refusal to enforce forfeiture has been based on the doctrines of waiver or estoppel . That is to say, the courts have found that the owner had committed...his right to insist on notice. The terms waiver and estoppel are closely related. These will first be defined and their similarities and differences

JPRS Report, Soviet Union, Kommunist, No. 14, September 1989

DTIC Science & Technology

1989-12-05

them. What is noteworthy is a signif- icant increase in the number of crimes committed against individuals and mercenary crimes of violence , and the...feelings of the people can be understood: naturally, some cooperatives are merely a legal "screen" for a variety of machinations, while other may be...party members, one of whom in his time had been depot party committee secretary and is now an oblast soviet deputy. A variety of demands began to

Skilled medical director can turn conflict into collaboration.

PubMed

Landgarten, S

1981-05-01

The hospital is a complex institution dealing with social, moral, ethical, professional, legal, regulatory, and voluntary incentives and constraints. Each interface established as a result of these demands and constraints can be a barrier to communication and a potential source of conflict. It is the function of the medical director to use the special combination of a physician's perspective coupled with institutional commitment to effectively coordinate these interfaces and serve as a facilitator of constructive activity and cooperation.

Is climate change an unforeseen, irresistible and external factor - A force majeure in marine environmental law?

PubMed

Saul, Roxanne; Barnes, Richard; Elliott, Michael

2016-12-15

Several environmental laws include provisions on natural causes or force majeure, which except States from their commitments if it can be proven that the failure to meet the commitment is due to factors outside their control. The European Union Marine Strategy Framework Directive (MSFD) has a pivotal role in managing EU marine waters. This paper analyses natural causes and force majeure provisions of the MFSD and other marine legislation, and addresses their interaction with climate change and its consequences, especially the effect on the obligation of ensuring seas are in Good Environmental Status. Climate change is an exogenic unmanaged pressure in that it emanates from outside the area being managed but in which the management authority has to respond to the consequences of climate change, such as sea level rise and temperature elevation, rather than its causes. It is suggested that a defence by a Member State of force majeure may be accepted if an event was proven to be due to an externality of control, irresistible and unforeseeable. The analysis contends that countering such a legal defence would centre on the fact that climate change is a well-accepted phenomenon, is foreseen with an accepted level of confidence and probability and is due to human actions. However, as yet, this has not been legally tested. Copyright © 2016 Elsevier Ltd. All rights reserved.

Review of the Italian current legislation on research biobanking activities on the eve of the participation of national biobanks’ network in the legal consortium BBMRI-ERIC.

PubMed

Calzolari, Alessia; Napolitano, Mariarosaria; Bravo, Elena

2013-04-01

The ethical-legal framework of research biobanking activities is still scarcely defined in Italy, and this constitutes a major obstacle to exploit the potential benefits of existing bioresource patrimony at the national and international levels. Biobanking and Biomolecular Resources Research Infrastructure (BBMRI), which aims to become a major interface between biological samples and data and top-level biological and medical research, is undertaking the crucial transformation to the ERIC (European Research Infrastructure Consortium) legal entity. In this scenario, there is a need to address the national legal and ethical concerns that are strictly correlated with the use of human biosources in research across European countries participating (and not) in BBMRI. In this perspective, this article aims to review the legal framework applying to research biobanking in Italy, including both "soft" nonbinding instruments and binding regulations. Since ethical and societal aspects impact biobanking research activities, the article discusses both the critical ethical and legal open issues that need to be implemented at the national level.

Contribution of the conferences of the parties and the renewable energy role for the fight against climate change

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

Ghezloun, A., E-mail: a.ghezloun@cder.dz; Oucher, N.; Merabet, H.

The Kyoto Protocol, which entered into force on 16 February 2005, commits developed countries to reduce their emissions of greenhouse gases by 5% in 2012 compared to 1990. Due to the abstention of the United States and the absence of constraint on Southern countries, the protocol establishes obligations only to countries that represent only 33% of global CO{sub 2} emissions. All the diplomatic effort is therefore to seek the commitment of discussion for the period after 2012. The participation of the United States and emerging countries is imperative. The essential point of this second negotiation process is to search inmore » the effort to integrate the United States and the developing countries and, more particularly, emerging economies such as China, India or Brazil, whose current emissions and / or projected should exceed those of developed countries during the first half of the twenty-first century. Real progress has been made in recent years. Indeed, a first universal historic agreement and legally binding was adopted after two weeks of intense negotiations by the Parties from 30 November to 12 December 2015, which aims to limit global warming by the end of this century well below 2 ° C while continuing efforts to not exceed 1.5 ° C. Moreover, the European Union, China and the United States have expressed their willingness to reduce their greenhouse gas. Because, one of the great hopes of the fight against the emission of greenhouse gases is the development of renewable energy, the IPCC (Intergovernmental Panel on Climate Change) report highlights the need to move towards renewable energy sources. The European Union, China and United States also expressed their willingness to increase the share of renewable energy. It is therefore necessary to develop the only inexhaustible energy, renewable energy, to fight against climate change.« less

Contribution of the conferences of the parties and the renewable energy role for the fight against climate change

NASA Astrophysics Data System (ADS)

Ghezloun, A.; Saidane, A.; Oucher, N.; Merabet, H.

2016-07-01

The Kyoto Protocol, which entered into force on 16 February 2005, commits developed countries to reduce their emissions of greenhouse gases by 5% in 2012 compared to 1990. Due to the abstention of the United States and the absence of constraint on Southern countries, the protocol establishes obligations only to countries that represent only 33% of global CO2 emissions. All the diplomatic effort is therefore to seek the commitment of discussion for the period after 2012. The participation of the United States and emerging countries is imperative. The essential point of this second negotiation process is to search in the effort to integrate the United States and the developing countries and, more particularly, emerging economies such as China, India or Brazil, whose current emissions and / or projected should exceed those of developed countries during the first half of the twenty-first century. Real progress has been made in recent years. Indeed, a first universal historic agreement and legally binding was adopted after two weeks of intense negotiations by the Parties from 30 November to 12 December 2015, which aims to limit global warming by the end of this century well below 2 ° C while continuing efforts to not exceed 1.5 ° C. Moreover, the European Union, China and the United States have expressed their willingness to reduce their greenhouse gas. Because, one of the great hopes of the fight against the emission of greenhouse gases is the development of renewable energy, the IPCC (Intergovernmental Panel on Climate Change) report highlights the need to move towards renewable energy sources. The European Union, China and United States also expressed their willingness to increase the share of renewable energy. It is therefore necessary to develop the only inexhaustible energy, renewable energy, to fight against climate change.

'I am not very well I feel nearly mad when I think of you': Male Jealousy, Murder and Broadmoor in Late-Victorian Britain.

PubMed

Shepherd, Jade

2017-05-01

This article compares the representations of jealousy in popular culture, medical and legal literature, and in the trials and diagnoses of men who murdered or attempted to murder their wives or sweethearts before being found insane and committed into Broadmoor Criminal Lunatic Asylum between 1864 and 1900. It is shown that jealousy was entrenched in Victorian culture, but marginalised in medical and legal discourse and in the courtroom until the end of the period, and was seemingly cast aside at Broadmoor. As well as providing a detailed examination of varied representations of male jealousy in late-Victorian Britain, the article contributes to understandings of the emotional lives of the working-class, and the causes and representations of working-class male madness.

Illegal drugs and delinquency.

PubMed

Kirschbaum, Katrin M; Grigoleit, Lisa; Hess, Cornelius; Madea, Burkhard; Musshoff, Frank

2013-03-10

An interrelation between consumption of illegal drugs and committing an indictable offence has been repeatedly discussed in literature. In a retrospective study serum concentrations of illegal and legal drugs as well as data originating from police reports and examinations by physicians taking blood from individuals being suspected to be under the influence of drugs were evaluated. Results from 4816 cases were available. Property offences were the most frequent type (36%) as well as consumption of cannabinoids (55%). Psychophysiological conditions of consumers were compared with according serum concentrations. Close correlations between stimulating drugs and violence associated crime could not be found. Stimulated as well as sedated behaviour occurring following the consumption of various drugs might be the reason for no clear correlation between types of offence and consumed illegal or legal drugs in this study. Copyright © 2013 Elsevier Ireland Ltd. All rights reserved.

‘I am not very well I feel nearly mad when I think of you’: Male Jealousy, Murder and Broadmoor in Late-Victorian Britain

PubMed Central

Shepherd, Jade

2017-01-01

Abstract This article compares the representations of jealousy in popular culture, medical and legal literature, and in the trials and diagnoses of men who murdered or attempted to murder their wives or sweethearts before being found insane and committed into Broadmoor Criminal Lunatic Asylum between 1864 and 1900. It is shown that jealousy was entrenched in Victorian culture, but marginalised in medical and legal discourse and in the courtroom until the end of the period, and was seemingly cast aside at Broadmoor. As well as providing a detailed examination of varied representations of male jealousy in late-Victorian Britain, the article contributes to understandings of the emotional lives of the working-class, and the causes and representations of working-class male madness. PMID:29713114

Human Rights Treaties Are an Important Part of the "International Health Instrumentariam" Comment on "The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?"

PubMed

Forman, Lisa

2017-10-02

In their commentary, Haik Nikogosian and Ilona Kickbusch argue for the necessity of new binding international legal instruments for health to address complex health determinants and offer a cogent analysis of the implications of such treaties for future global health governance. Yet in doing so they pay no attention to the existing instrumentarium of international legally binding treaties relevant to health, in the form of human rights treaties. International human rights law has entrenched individual entitlements and state obligations in relation to individual and public health through iterative human rights treaties since 1946. These treaties offer normative specificity, institutional monitoring and the possibility of enforcement and accountability. If we are to build a new 'international health instrumentariam' we should not ignore existing and important tools that can assist in this endeavor. © 2018 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

Patient's rights in Poland against the background of new regulations.

PubMed

Rabiega-Przylecka, Agnieszka

2012-03-01

Patient rights are the specification of general human rights. The rights define the patient position in relation to health institutions or medical professions providing, broadly understood, health services. The protection system of patient rights outlined by international legal and ethical regulations is detailed to specific social, political and economic realities by internal legal systems of individual states. Imperfections of the Polish health care system in relation to achieving adequate protection of patient rights, resulting, inter alia, from the lack of comprehensive regulation of the matter of patient rights, led the legislature to introduce new regulations concerning this aspect to the Polish legal order. The new Act of 6 November 2008 on Patient Rights and the Patient Rights Ombudsman (binding from 5 March 2009) is the first universally binding legal act in the Polish legal system entirely dealing with the matter of patient rights. It regulates the rights of the patient and correlated with them obligations of health care providers (public and non-public) irrespectively of both the legal form providers, as well as the sources of funding of the benefits provided. In particular, the Act states: the patient right to health services, right to obtain information, right to confidentiality of patient-linked information, right to consent to obtain health services, right to respect privacy and dignity of the patients, right to medical records and objecting to the doctor's opinion or decision, right to respect private and family life, right to pastoral care. The new regulations--besides the specification of the catalogue of patient rights--reinforced the institutional protection of patient rights by establishing a new central public administrative body having jurisdiction to protect patient rights--the Patient Rights Ombudsman. Poland, like other European countries, makes an attempt to improve the protection of patient rights. The introduction of the Act entirely devoted to patient rights is undoubtedly an important step towards creating the optimum protection of the patient.

Psychopathic patients pose dilemma for physicians and society.

PubMed Central

Davis-Barron, S

1995-01-01

Psychopaths share chilling personality characteristics that make them extremely dangerous and, to date, impossible to cure. The failure to cure or even control them has divided the medical and legal communities, as well as society in general. What do you do with incurable killers? Lock them up and throw away the key, or spend hundreds of thousands of dollars every year to treat them? Some experts believe the federal government should commit funds for more research and provide special facilities to treat psychopathic patients. PMID:7736380

A new competitor for the West's scarce water

NASA Astrophysics Data System (ADS)

Simarski, Lynn Teo

Environmental factors have become key considerations in the scramble for scarce water supplies in the western U.S., alongside traditional users such as agriculture, municipalities, and industry. “In the last few years, the environmental demand for water for wildlife maintenance, fisheries, and water quality has been strengthened by a series of court rulings, legal interpretations, and societal pressure reflecting a renewed commitment to environmental quality,” according to David Brookshire, economist at the University of New Mexico in Albuquerque.

The Humanitarian Bailment of Foreign Possessed Territories: A Proactive Method of Legal Analysis

DTIC Science & Technology

1996-04-01

entrusts an employee with the employer’s lawn mower to mow the employer’s lawn .220 This is analogous to the permissive entry situation where a host...accompanying text. 82 If an employee feloniously takes the lawn mower from the employer’s place of business to the employee’s house the servant has...committed larceny because the employee never had 230possession of the mower, only custody. If the employee picked up the lawn mower from the repair

Does culture impact on notions of criminal responsibility and action? The case of spirit possession.

PubMed

Ahmad, Ayesha; Dein, Simon

2016-10-01

Multicultural societies such as the United Kingdom are host to people with diverse belief systems and behavioral norms. Whilst a country requires that all members of society conform to standardized legal requirements, cases arise that involve certain complexities related to the cultural or religious context in which a certain action was committed. This paper addresses the impact of culture on notions of criminal responsibility and action. Through a case study of a recent event in the United Kingdom, we explore whether a cultural defense is relevant for contextualizing incidents in which an individual commits a criminal action during an alleged period of spirit possession From this analysis, we suggest that using a cultural defense can aid understanding of an individual's relationship to the society that he or she identifies with and facilitate the practice of justice in a multicultural society. © The Author(s) 2016.

Secondary combined suicide pact.

PubMed

Jayanth, S H; Girish Chandra, Y P; Hugar, Basappa S; Kainoor, Sunilkumar

2014-03-01

This article reports a combined suicide pact, where in a young couple; a 26 year old male and a 20 year old female committed suicide by using two methods. The couple had resorted to hanging and self-immolation to prevent failure of single method alone. In secondary combined suicides, several other methods of suicide are tried after the first method chosen has failed. It is primary combined suicide only when two or more methods are used simultaneously. Both types of combined suicide by one individual is well reported in the literature whereas the same by two persons together is rare. In this report, the deceased were disappointed lovers, poor and the family members were against their marriage. The investigation of scene, methods employed to commit suicide, autopsy findings and the interview with their relatives altogether suggested that it was a secondary combined suicide pact. Copyright © 2014 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

The “Natural” vs. “Natural Flavors” Conflict in Food Labeling: A Regulatory Viewpoint.

PubMed

Goodman, Matthew J

Food branded with a Natural label can be found in any grocery store across the United States. Consumers consider this label to be an important attribute when making a purchasing decision and billions of dollars are spent annually on these products. While many consumers believe Natural foods are healthier, heavy reliance on that assumption is misguided as “Natural” has no formal legal definition—it’s merely defined pursuant to an FDA approved informal policy. Another important health attribute in a consumer’s purchasing decision is the presence of natural flavors in food. However, unlike the term Natural, FDA has promulgated legally binding regulations for natural flavors. These flavors are currently the fourth most common food ingredient listed on food labels. In reality, “natural flavors” are a far cry from what consumers might expect, as they can contain both artificial and synthetic chemicals (often used as processing aids). Nonetheless, without a legally binding Natural regulation, there has been little opportunity to contest the naturalness of natural flavors in the past. Recently, FDA has initiated a notification of request for comments on use of the term Natural, so an attempt to promulgate regulations may be underway. Thus, it is appropriate to consider where natural flavors will fall if binding regulations are set forth. This article looks at the Natural debate, its history, and model regulatory standards worth considering. Within that context, it also provides a critical discussion concerning a misunderstood, yet federally regulated, ingredient that our society so heavily consumes: natural flavors.

Parliamentarians from CIS and the Far East reaffirm commitment to population program. Parliamentarians conference in Ulaanbaatar.

PubMed

1999-01-01

This article summarizes the proceedings of the Parliamentarian Conference held in Ulaanbaatar, Mongolia. Parliamentarian representatives from Japan, South Korea, China, Russia, and Commonwealth of Independent States countries agreed to work together in providing better lives to their people through rational population planning. Problems faced by the region, as mentioned in the conference, include persistently high maternal and infant mortality, internal migration from rural to urban areas, high unemployment rate, lower enrollment of boys and men as compared to girls and women in educational institutions, and environmental problems such as soil erosion resulting from over grazing. In addition, member representatives presented the status of the region's reproductive health/rights, gender and population policy, food security and environment, and adolescents and elderly. It was noted that there has been significant progress in reproductive health, gender equality, agricultural sector, and legislation for the youth and the elderly. However, these issues still need to be improved and developed. The UN Population Fund has reinforced its commitment towards population and development programs in the region, and the parliamentarians have reaffirmed its commitment to creating the legal framework favorable to the implementation of the Program of Action in the Ulaanbaatar Declaration.

Willingness to participate in accountable care organizations: health care managers' perspective.

PubMed

Wan, Thomas T H; Demachkie Masri, Maysoun; Ortiz, Judith; Lin, Blossom Y J

2014-01-01

This study examines how health care managers responded to the accountable care organization (ACO). The effect of perceived benefits and barriers of the commitment to develop a strategic plan for ACOs and willingness to participate in ACOs is analyzed, using organizational social capital, health information technology uses, health systems integration and size of the health networks, geographic factors, and knowledge about ACOs as predictors. Propensity score matching and analysis are used to adjust the state and regional variations. When the number of perceived benefits is greater than the number of perceived barriers, health care managers are more likely to reveal a stronger commitment to develop a strategic plan for ACO adoption. Health care managers who perceived their organizations as lacking leadership support or commitment, financial incentives, and legal and regulatory support to ACO adoption were less willing to participate in ACOs in the future. Future research should gather more diverse views from a larger sample size of health professionals regarding ACO participation. The perspective of health care managers should be seriously considered in the adoption of an innovative health care delivery system. The transparency on policy formulation should consider multiple views of health care managers.

Persistent Organic Pollutants: A Global Issue, A Global Response

EPA Pesticide Factsheets

The site explains the importance of the Stockholm Convention, a legally binding international agreement finalized in 2001, in which governments agreed to act to reduce or eliminate the production, use, and/or release of certain of these pollutants.

Perinatal depression: a review of US legislation and law.

PubMed

Rhodes, Ann M; Segre, Lisa S

2013-08-01

Accumulating research documenting the prevalence and negative effects of perinatal depression, together with highly publicized tragic critical incidents of suicide and filicide by mothers with postpartum psychosis, have fueled a continuum of legislation. Specialists in perinatal mental health should recognize how their work influences legislative initiatives and penal codes, and take this into consideration when developing perinatal services and research. Yet, without legal expertise, the status of legislative initiatives can be confusing. To address this shortfall, we assembled an interdisciplinary team of academics specializing in law, as well as perinatal mental health, to summarize these issues. This review presents the relevant federal and state legislation and summarizes the criminal codes that governed the court decisions on cases in which a mother committed filicide because of postpartum psychosis. Moreover, the review aims to help researchers and providers who specialize in perinatal depression understand their role in this legal landscape.

Legal and ethical issues in telemedicine and robotics.

PubMed

Dickens, B M; Cook, R J

2006-07-01

Modern medical concerns with telemedicine and robotics practiced across national or other jurisdictional boundaries engage the historical, complex area of law called conflict of laws. An initial concern is whether a practitioner licensed only in jurisdiction A who treats a patient in jurisdiction B violates B's laws. Further concerns are whether a practitioner in A who violates a contract or treats a patient in B negligently incurs liability in B, A, or both, and, if treatment lawful in A is unlawful in B, whether the practitioner commits a crime. Judicial procedures are set by courts in which proceedings are initiated, but courts may decline jurisdiction due to inconvenience to parties. If courts accept jurisdiction, they may apply their own substantive legal rules, but may find that the rules of a conflicting jurisdiction should apply. Cross-border care should not change usual medical ethics, for instance on confidentiality, but may mitigate or aggravate migration of specialists.

Hebephilia: quintessence of diagnostic pretextuality.

PubMed

Franklin, Karen

2010-01-01

Hebephilia is an archaic term used to describe adult sexual attraction to adolescents. Prior to the advent of contemporary sexually violent predator laws, the term was not found in any dictionary or formal diagnostic system. Overnight, it is on the fast track toward recognition as a psychiatric condition meriting inclusion in the upcoming fifth edition of the Diagnostic and Statistical Manual of Mental Disorders. This article traces the sudden emergence and popularity of hebephilia to pressure from the legal arena and, specifically, to the legal mandate of a serious mental abnormality for civil commitment of sex offenders. Hebephilia is proposed as a quintessential example of pretextuality, in which special interests promote a pseudoscientific construct that furthers an implicit, instrumental goal. Inherent problems with the construct's reliability and validity are discussed. A warning is issued about unintended consequences if hebephilia or its relative, pedohebephilia, make their way into the DSM-5, due out in 2013. Copyright © 2010 John Wiley & Sons, Ltd.

A young woman who killed 5 of her own babies: A case of multiple neonaticide.

PubMed

Huchzermeier, Christian; Heinzen, Hanna

2015-10-01

Neonaticide is a rare form of homicide. It is generally classed as manslaughter but differs from other forms of homicide in many respects. The factors favouring its occurrence and the legal position of neonaticide in Germany are discussed. The case is presented of a mother who committed five neonaticides within 8 years. While she was a caring mother for her two oldest children, she killed the five subsequent offspring immediately after giving birth. In the scarce literature on neonaticides, a case of multiple offending is particularly rare. Similarities to, and differences from, other cases of neonaticide in the literature are considered. The psychodynamic context of the offences is examined in order to identify contributing features which could be used to help prevent future occurrences. Copyright © 2015 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

Sharing Overdose Data Across State Agencies to Inform Public Health Strategies: A Case Study.

PubMed

Cherico-Hsii, Sara; Bankoski, Andrea; Singal, Pooja; Horon, Isabelle; Beane, Eric; Casey, Meghan; Rebbert-Franklin, Kathleen; Sharfstein, Joshua

2016-01-01

Data sharing and analysis are important components of coordinated and cost-effective public health strategies. However, legal and policy barriers have made data from different agencies difficult to share and analyze for policy development. To address a rise in overdose deaths, Maryland used an innovative and focused approach to bring together data on overdose decedents across multiple agencies. The effort was focused on developing discrete intervention points based on information yielded on decedents' lives, such as vulnerability upon release from incarceration. Key aspects of this approach included gubernatorial leadership, a unified commitment to data sharing across agencies with memoranda of understanding, and designation of a data management team. Preliminary results have yielded valuable insights and have helped inform policy. This process of navigating legal and privacy concerns in data sharing across multiple agencies may be applied to a variety of public health problems challenging health departments across the country.

Studies of felonious crimes by the University Department of Forensic Medicine in Kumamoto Prefecture, Japan.

PubMed

Tsunenari, S; Kibayashi, K; Honjyo, K; Hamada, C

1993-01-01

This paper gives an understanding of Japan in the respect of forensic medicine. The fight against felonious crimes in Kumamoto is introduced by reference to the police system, crime statistics, an association of police surgeons and medico-legal autopsy in Kumamoto Prefecture. The police have 23 local police stations with 2,670 police officers and the unique Hashutsu-sho and Chyuzai-sho systems. The crime rate is not very high, but crimes committed by Yakuza groups and traffic accidents are major problems in Kumamoto. Medico-legal autopsy is performed in the university department on only criminal and suspected cases after examination of the body externally by a police surgeon. Two illustrative cases are also introduced in this report, which shows good cooperation among the police force, the university department of forensic medicine, and police surgeons in Kumamoto, Japan.

Stressing The Person: Legal and Everyday Person Attributions Under Stress

PubMed Central

Kubota, Jennifer T.; Mojdehbakhsh, Rachel; Raio, Candace; Brosch, Tobias; Uleman, Jim S.; Phelps, Elizabeth A.

2014-01-01

When determining the cause of a person’s behavior, perceivers often overweigh dispositional explanations and underweigh situational explanations, an error known as the Fundamental Attribution Error (FAE). The FAE occurs in part because dispositional explanations are relatively automatic, whereas considering the situation requires additional cognitive effort. Stress is known to impair the prefrontal cortex and executive functions important for the attribution process. We investigated if stress increases dispositional attributions in common place and legal situations. Experiencing a physiological stressor increased participants’ cortisol, dispositional attributions of common everyday behaviors, and negative evaluations. When determining whether a crime was due to the defendant’s disposition or the mitigating situation, self-reported stress correlated with increased dispositional judgments of defendant’s behavior. These findings indicate that stress may makes people more likely to commit the FAE and less favorable in their evaluations of others both in daily life and when making socially consequential judicial decisions. PMID:25175000

Accommodaton of constitutional due process rights within the new patients' rights legislation in Slovenia.

PubMed

Ivanc, Blaz

2011-09-01

The Constitutional Court of the Republic of Slovenia issued several decisions concerning the protection of patients' rights (e.g. decisions on involuntary commitment, on access to health care, on rights related to obligatory and voluntary health insurance). Consequently, the Parliament renewed Health Legislation by the enactment of the Patients' Rights Act (February 2008) and of the Mental Health Act (July 2008). Both bills enshrine a charter of patients' rights that may be considered as concretization of several human rights that are protected by the Constitution. The discussion is focused on the due process rights (e.g. equal protection of rights, right to judicial protection, right to legal remedies, legal guarantees in proceedings related to deprivation of personal liberty) that were in particular addressed by the Court. The results demonstrate that their effective implementation was one of the most important demands that the Legislature had to accommodate when enacting new bills.

Colice's story and the effects of generational loss.

PubMed

Sherrod, Melissa McIntire

2006-11-01

In 1934, Colice Sayer was forcefully removed from her home and involuntarily committed to a state mental hospital following a legal proceeding she was not allowed to attend. Colice's husband initiated the complaint against her. Colice remained in the institution for 43 years as a ward of the state of New York. This study examined her life to gain an understanding of how the lives of successive generations were altered. The life history method was used to elicit the stories of the central character and her family. Hermeneutic phenomenology was used to gather and analyze the data. Two themes emerged from the data: learned expectations and retreating behaviors. Learned expectations were family rules taught to successive generations. Retreating behaviors were indirect actions observed or obliquely communicated. The loss of a mother by means of forced, legal separation and the subsequent disintegration of the family can pervasively affect successive generations.

Regaining momentum for international climate policy beyond Copenhagen

PubMed Central

2010-01-01

The 'Copenhagen Accord' fails to deliver the political framework for a fair, ambitious and legally-binding international climate agreement beyond 2012. The current climate policy regime dynamics are insufficient to reflect the realities of topical complexity, actor coalitions, as well as financial, legal and institutional challenges in the light of extreme time constraints to avoid 'dangerous' climate change of more than 2°C. In this paper we analyze these stumbling blocks for international climate policy and discuss alternatives in order to regain momentum for future negotiations. PMID:20525341

The fundamental ribosomal RNA transcription initiation factor-IB (TIF-IB, SL1, factor D) binds to the rRNA core promoter primarily by minor groove contacts.

PubMed

Geiss, G K; Radebaugh, C A; Paule, M R

1997-11-14

Acanthamoeba castellanii transcription initiation factor-IB (TIF-IB) is the TATA-binding protein-containing transcription factor that binds the rRNA promoter to form the committed complex. Minor groove-specific drugs inhibit TIF-IB binding, with higher concentrations needed to disrupt preformed complexes because of drug exclusion by bound TIF-IB. TIF-IB/DNA interactions were mapped by hydroxyl radical and uranyl nitrate footprinting. TIF-IB contacts four minor grooves in its binding site. TIF-IB and DNA wrap around each other in a right-handed superhelix of high pitch, so the upstream and downstream contacts are on opposite faces of the helix. Dimethyl sulfate protection assays revealed limited contact with a few guanines in the major groove. This detailed analysis suggests significant DNA conformation dependence of the interaction.

Why is a “Good Abortion Law” Not Enough? The Case of Estonia

PubMed Central

2017-01-01

Abstract There are various ways to critically discuss abortion. Constructing or finding the most suitable analytical framework—whether rooted in legal formalism, socio-legal considerations, or comparativism—always depends on the country of subject and whether the analysis is for litigation, advocacy, or more theoretical purposes. This paper offers a model for analyzing abortion in Estonia in order to connect it as a thought-provoking case study to the ongoing transnational abortion discussions. I set out by describing the Estonian Abortion Act as a “good abortion law”: a regulation that guarantees in practice women’s legal access to safe abortion. Despite this functioning law, I carve a space for criticism by expanding the conversation to the broader power relations and gender dynamics present in Estonian society. Accordingly, I explain the state of the Estonian feminist movement and gender research, the local legal community’s minimal engagement with the reproductive rights discourse, and the lingering Soviet-era narratives of reproduction and health, which were not fully extinguished by the combination of human rights commitments and neoliberalism upon restoration of independence in the early 1990s. I consequently show that Estonia’s liberal abortion regulation is not grounded in a sufficiently deep understanding of human rights-based approaches to reproductive health, therefore leaving the door open for micro-aggressions toward women and for conservative political winds to gain ground. PMID:28630549

A Reporting System to Protect the Human Rights of People Living with HIV and Key Populations.

PubMed

Williamson, R Taylor; Fiscian, Vivian; Olson, Ryan Ubuntu; Poku, Fred Nana; Whittal, Joseph

2017-12-01

People living with HIV and key populations face human rights violations that affect their access to health services, relationships in their communities, housing options, and employment. To address these violations, government and civil society organizations in Ghana developed a discrimination reporting system managed by the Commission on Human Rights and Administrative Justice that links people living with HIV and key populations to legal services. This article presents findings on how Ghanaian stakeholders built this reporting system and discusses preliminary data on its impact. To organize our analysis, we used a conceptual framework that outlines the legal frameworks that protect human rights, the institutions that promote access to justice, and the mechanisms that link people living with HIV and key populations to legal services. Using in-depth interviews, we show that targeted technical assistance increased stakeholders' knowledge of issues that affect people living with HIV and key populations, strengthened these stakeholders' commitment to address discrimination, streamlined case management systems, and improved relationships between civil society and the government. Through case review, we find that most discrimination happens when accessing government services, inside communities and families, and in the workplace. Finally, we describe implications for other human rights commissions that are considering using a reporting system to protect human rights, including using legal frameworks, developing case management systems, and working with civil society.

Why is a "Good Abortion Law" Not Enough? The Case of Estonia.

PubMed

Oja, Liiri

2017-06-01

There are various ways to critically discuss abortion. Constructing or finding the most suitable analytical framework-whether rooted in legal formalism, socio-legal considerations, or comparativism-always depends on the country of subject and whether the analysis is for litigation, advocacy, or more theoretical purposes. This paper offers a model for analyzing abortion in Estonia in order to connect it as a thought-provoking case study to the ongoing transnational abortion discussions. I set out by describing the Estonian Abortion Act as a "good abortion law": a regulation that guarantees in practice women's legal access to safe abortion. Despite this functioning law, I carve a space for criticism by expanding the conversation to the broader power relations and gender dynamics present in Estonian society. Accordingly, I explain the state of the Estonian feminist movement and gender research, the local legal community's minimal engagement with the reproductive rights discourse, and the lingering Soviet-era narratives of reproduction and health, which were not fully extinguished by the combination of human rights commitments and neoliberalism upon restoration of independence in the early 1990s. I consequently show that Estonia's liberal abortion regulation is not grounded in a sufficiently deep understanding of human rights-based approaches to reproductive health, therefore leaving the door open for micro-aggressions toward women and for conservative political winds to gain ground.

Ties that Bind: A Social Network Approach To Understanding Student Integration and Persistence.

ERIC Educational Resources Information Center

Thomas, Scott L.

2000-01-01

This study used a social network paradigm to examine college student integration of 329 college freshmen at a private liberal arts college. Analysis of the structural aspects of students' on-campus associations found differential effects of various social network characteristics on student commitment and persistence. (DB)

Legal framework for food fortification: examples from Vietnam and Indonesia.

PubMed

Dijkhuizen, Marjoleine Amma; Wieringa, Frank Tammo; Soekarjo, Damayanti; Van, Khan Tran; Laillou, Arnaud

2013-06-01

Food fortification is a cost-effective, powerful, and sustainable strategy to combat micronutrient deficiency, with the potential to reach large sections of the population with minimal cost and effort. However, the implementation of food fortification on a systematic and large scale, for instance in national programs, has often been challenging. This paper takes a closer look at food fortification efforts and legislation mechanisms in Vietnam and Indonesia in order to determine specific factors and components in the legal framework that are crucial to the success of fortification programs. Fortification efforts in Indonesia and Vietnam are evaluated using published data as well as unpublished data from detailed evaluation reports, and compared with respect to the specific circumstances, constraints, objectives and results in each country. The legal framework is a crucial factor for the success of food fortification programs, as it shapes to a large extent the implementation of food fortification. The legal framework is instrumental to ensure the quality, safety, availability, cost-effectiveness, and sustainability of food fortification. In the first place, the legal framework should specify the fortificants and fortification levels, as well as the food vehicles and the fortification procedures. In addition, it should ensure the commitment of policy makers and producers to fortification, regulate the costing, describe and ensure information and communication such as product labeling integrate social marketing into the implementation, and provide the means to monitor and enforce fortification. A clear public health objective, together with careful consideration of the choices and restrictions dictated by the specific national environments, will help to develop legal frameworks that optimize the potential success of food fortification strategies. The lessons from these experiences show that a mandatory approach to fortification, with costing, monitoring and enforcement, and social marketing clearly defined and well embedded in the legal framework and in the implementation structures, is the best foundation for an effective, sustainable, and feasible food fortification program.

Suicide, Canadian law, and Exit International's "peaceful pill".

PubMed

Ogden, Russel D

2010-11-01

Australia's Exit International ("Exit") is probably the most visible and controversial right-to-die organization in the world. Founded by Dr. Philip Nitschke, Exit is known for do-it-yourself ("DIY") suicide workshops and a book banned in Australia: The Peaceful Pill Handbook. In 2009, Exit held its first workshop in Canada. Due to legal concerns, the Vancouver Public Library reneged on a commitment to give Exit a venue, so the workshop proceeded in the sanctuary of a church hall. This article summarizes the history of suicide law in Canada and gives an overview of the emerging DIY movement. A case report describes how a Canadian woman studied Exit's literature and learned how to import veterinary pentobarbital. In accordance with Exit's information, she ended her life. Ethical and legal implications for researching DIY suicide are discussed and it is argued that prohibition contributes to an undesirable situation of uncontrolled and unregulated suicide. Whether they are prohibited, permitted, or tolerated, suicide and assisted suicide are controversial. Their legal treatment in Canada is conflicting because suicide is not a crime but it is a serious offense to assist, encourage, or counsel someone to suicide. Individuals can lawfully take their lives, but they must act independently. This legal situation has given rise to a do-it-yourself ("DIY") right-to-die movement dedicated to technologies and information to enhance the possibilities for planned and humane suicide, while limiting the legal exposure of sympathetic third parties (Martin, 2010; Ogden 2001). My aim is to summarize the legal history of suicide in Canada and discuss the emerging social movement for DIY suicide and assistance in suicide. Exit International ("Exit"), based in Australia, is a leading organization in this movement. I present a case report that describes how a Canadian woman ended her life using DIY techniques learned from Exit. Some ethical and legal implications for researching DIY suicide are discussed. I argue that the DIY movement is an undesirable consequence of prohibition.

Robust relativistic bit commitment

NASA Astrophysics Data System (ADS)

Chakraborty, Kaushik; Chailloux, André; Leverrier, Anthony

2016-12-01

Relativistic cryptography exploits the fact that no information can travel faster than the speed of light in order to obtain security guarantees that cannot be achieved from the laws of quantum mechanics alone. Recently, Lunghi et al. [Phys. Rev. Lett. 115, 030502 (2015), 10.1103/PhysRevLett.115.030502] presented a bit-commitment scheme where each party uses two agents that exchange classical information in a synchronized fashion, and that is both hiding and binding. A caveat is that the commitment time is intrinsically limited by the spatial configuration of the players, and increasing this time requires the agents to exchange messages during the whole duration of the protocol. While such a solution remains computationally attractive, its practicality is severely limited in realistic settings since all communication must remain perfectly synchronized at all times. In this work, we introduce a robust protocol for relativistic bit commitment that tolerates failures of the classical communication network. This is done by adding a third agent to both parties. Our scheme provides a quadratic improvement in terms of expected sustain time compared with the original protocol, while retaining the same level of security.

Quantifying the impact of legal culture and institution on carbon emissions

NASA Astrophysics Data System (ADS)

Li, Q.; Wang, B.; Yu, C.; Deng, H.; Cai, W.; Wang, C.

2015-12-01

Anthropogenic carbon emissions has been believed to trigger more than half of the global warming over the past half a century. Climate change analysis based on human activities should not neglect the driving force of human society. Different countries or regions have different legal culture traditions and legal systems that can greatly influence regional carbon emissions. This will lead to differences in implementation way and implementation intensity of the law and policies. Without understanding the social and legal background, it is not enough to understand how the climate change rules work and what the effects enforce. Using the panel data of 71 countries from 1996-2010, this study analyzes the effects of macro channels influencing mitigation policies, which contains rules and regulations including value, religion, genealogy of law, public participation, regulatory, government effectiveness, corruption, rule of law, etc. The results show that the interaction between legal variables and economic variables is very important for carbon emissions reduction. The law affects the carbon emissions by adjusting the economic and other related variables, and vice verse, economic and other variables will also impact the level of the rule of law. The study also reveals that developing national economy is most countries' urgent current task, and there are not sound strategies or strong enforcement to guarantee the achievement of the emissions reduction commitment. It is not enough to make justice dominant by cultivating a fair attitude. Practical measures and institutional means for social justice must be promoted. These results will give insight to policy makers in creating feasible and practical climate polices.

Ethics and the Legalization of Physician-Assisted Suicide: An American College of Physicians Position Paper.

PubMed

Snyder Sulmasy, Lois; Mueller, Paul S

2017-10-17

Calls to legalize physician-assisted suicide have increased and public interest in the subject has grown in recent years despite ethical prohibitions. Many people have concerns about how they will die and the emphasis by medicine and society on intervention and cure has sometimes come at the expense of good end-of-life care. Some have advocated strongly, on the basis of autonomy, that physician-assisted suicide should be a legal option at the end of life. As a proponent of patient-centered care, the American College of Physicians (ACP) is attentive to all voices, including those who speak of the desire to control when and how life will end. However, the ACP believes that the ethical arguments against legalizing physician-assisted suicide remain the most compelling. On the basis of substantive ethics, clinical practice, policy, and other concerns articulated in this position paper, the ACP does not support legalization of physician-assisted suicide. It is problematic given the nature of the patient-physician relationship, affects trust in the relationship and in the profession, and fundamentally alters the medical profession's role in society. Furthermore, the principles at stake in this debate also underlie medicine's responsibilities regarding other issues and the physician's duties to provide care based on clinical judgment, evidence, and ethics. Society's focus at the end of life should be on efforts to address suffering and the needs of patients and families, including improving access to effective hospice and palliative care. The ACP remains committed to improving care for patients throughout and at the end of life.

FBXL19 recruits CDK-Mediator to CpG islands of developmental genes priming them for activation during lineage commitment

PubMed Central

Dimitrova, Emilia; Nakayama, Manabu; Koseki, Yoko; Konietzny, Rebecca; Kessler, Benedikt M; Koseki, Haruhiko

2018-01-01

CpG islands are gene regulatory elements associated with the majority of mammalian promoters, yet how they regulate gene expression remains poorly understood. Here, we identify FBXL19 as a CpG island-binding protein in mouse embryonic stem (ES) cells and show that it associates with the CDK-Mediator complex. We discover that FBXL19 recruits CDK-Mediator to CpG island-associated promoters of non-transcribed developmental genes to prime these genes for activation during cell lineage commitment. We further show that recognition of CpG islands by FBXL19 is essential for mouse development. Together this reveals a new CpG island-centric mechanism for CDK-Mediator recruitment to developmental gene promoters in ES cells and a requirement for CDK-Mediator in priming these developmental genes for activation during cell lineage commitment. PMID:29809150

Viewing Health Equity through a Legal Lens: Title VI of the 1964 Civil Rights Act.

PubMed

Rosenbaum, Sara; Schmucker, Sara

2017-10-01

Enacted as part of the watershed Civil Rights Act of 1964, Title VI prohibits discrimination by federally assisted entities on the basis of race, color, or national origin. Indeed, the law is as broad as federal funding across the full range of programs and services that affect health. Over the years, governmental enforcement efforts have waxed and waned, and private litigants have confronted barriers to directly invoking its protections. But Title VI endures as the formal mechanism by which the nation rejects discrimination within federally funded programs and services. Enforcement efforts confront problems of proof, remedies whose effectiveness may be blunted by underlying residential segregation patterns, and a judiciary closed to legal challenges focusing on discriminatory impact rather than intentional discrimination. But Title VI enforcement has experienced a resurgence, with strategies that seek to use the law as a basic compliance tool across the range of federally assisted programs. This resurgence reflects an enduring commitment to more equitable outcomes in federally funded programs that bear directly on community health, and it stands as a testament to the vital importance of a legal framework designed to move the nation toward greater health equity. Copyright © 2017 by Duke University Press.

FY2017 Defense Appropriations Fact Sheet: Selected Highlights of H.R. 5293 and S. 3000

DTIC Science & Technology

2016-06-17

legally binding caps on discretionary spending for defense programs and for non-defense programs, which were established by P.L. 114-74, the Bipartisan...funding for FY2017 that (1) exceeds the relevant BBA cap ; and (2) is also exempt from that spending cap because it is classified as funding for so-called...Overseas Contingency Operations (OCO). The 2015 BBA increased binding caps on defense and non-defense discretionary appropriations for FY2016 and

Fact Sheet: Selected Highlights of the FY2017 National Defense Authorization Act (H.R. 4909)

DTIC Science & Technology

2016-05-12

shaped by the legally binding caps on discretionary spending for defense programs and for non-defense programs, which were established by P.L. 114-74...of Defense (DOD) funding for FY2017 that (1) exceeds the relevant BBA cap ; and (2) is exempt from that spending cap because it is classified as...funding for so- called Overseas Contingency Operations (OCO). The 2015 BBA increased binding caps on defense and non-defense discretionary appropriations

Results of domestic migration on juvenile delinquency in Adana, Turkey.

PubMed

Firat, Sunay; Iltas, Yigit; Gulmen, Mete K

2017-07-01

The aim of this study is to determine the effect of migration on children in the juvenile justice system. The study takes into account whether these children arrived in the city via migration or not, the types of crimes against property and persons committed by the children brought before the Juvenile Courts, and the types, frequency, and durations of punishments and precautionary decisions they received. In addition, the study examines the children's ability to realize the meaning and consequences of their crimes and to lead their future behaviors effectively. Data gathered from children between 3 and 18 years of age who appeared before the 1, 2, and 3 numbered Juvenile Courts of Adana Courthouse after January 2004 on charges of committing a crime, and/or children who were sent to or who applied to the Provincial Directorate for National Education based on the decision of the Court has been evaluated retrospectively. Six hundred and eighty children were studied. Of these, 602 (88.5%) were male and 78 (11.5) were female. The average age of the child at the time of the commitment of the crime was 13 years and 8 months ± 2.18 years. It has been observed that there are statistically meaningful differences for children involved in delinquency between cases whether they come via migration or regardless of migration and types of crimes committed (p = 0.004). When cities faced with migration from other places and types of crime committed by children are compared, it has been observed that there are meaningful differences between the types of crimes committed by non-migrant versus migrant children (p = 0.012). It is important to state the reasons for delinquency and to obtain data to prevent future delinquency and to put forward regional and local recommendations within the scope of the data. Copyright © 2017 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

The Italian Code of Medical Deontology. Historical, ethical and legal issues.

PubMed

Patuzzo, Sara; De Stefano, Francesco; Ciliberti, Rosagemma

2018-06-15

Medical deontology is increasingly important, owing to the interests and rights which the medical profession involves. This paper focuses on the relationships of the Italian Code of Medical Deontology (CMD) with both the ethical and legal dimensions, in order to clarify the role of medical ethics within the medical profession, society and the overall system of the sources of law. The authors analyze the CMD from an ethical perspective and through the new doctrinal guidelines and current trends in the Italian law courts. From an ethical point of view,  moral philosophical analysis scarcely seems to  address professional medical ethics. Nonetheless, the CMD needs to undergo careful ethical analysis. From a legal perspective, the Italian CMD contains provisions which do not have  an official legal nature. However, they are directly binding for medical practitioners, and therefore could be understood as a supplement to the general rules of the legal system. At an ethical level, rigorous debate on the CMD is indispensable, in order to update its specific principles and to make it a real moral normative document. At a legislative level, there is a possible contradiction between a legal system that does not take into account the CMD, but which then attributes significant importance to the violation of its rules.

Legal issues of computer imaging in plastic surgery: a primer.

PubMed

Chávez, A E; Dagum, P; Koch, R J; Newman, J P

1997-11-01

Although plastic surgeons are increasingly incorporating computer imaging techniques into their practices, many fear the possibility of legally binding themselves to achieve surgical results identical to those reflected in computer images. Computer imaging allows surgeons to manipulate digital photographs of patients to project possible surgical outcomes. Some of the many benefits imaging techniques pose include improving doctor-patient communication, facilitating the education and training of residents, and reducing administrative and storage costs. Despite the many advantages computer imaging systems offer, however, surgeons understandably worry that imaging systems expose them to immense legal liability. The possible exploitation of computer imaging by novice surgeons as a marketing tool, coupled with the lack of consensus regarding the treatment of computer images, adds to the concern of surgeons. A careful analysis of the law, however, reveals that surgeons who use computer imaging carefully and conservatively, and adopt a few simple precautions, substantially reduce their vulnerability to legal claims. In particular, surgeons face possible claims of implied contract, failure to instruct, and malpractice from their use or failure to use computer imaging. Nevertheless, legal and practical obstacles frustrate each of those causes of actions. Moreover, surgeons who incorporate a few simple safeguards into their practice may further reduce their legal susceptibility.

13 CFR 107.1181 - Interest reserve requirements for Early Stage SBICs.

Code of Federal Regulations, 2014 CFR

2014-01-01

...) Binding unfunded commitments from your Institutional Investors that cannot be called for any purpose other... 13 Business Credit and Assistance 1 2014-01-01 2014-01-01 false Interest reserve requirements for... Rules for Leverage Issued by An Early Stage Sbic § 107.1181 Interest reserve requirements for Early...

13 CFR 107.1181 - Interest reserve requirements for Early Stage SBICs.

Code of Federal Regulations, 2013 CFR

2013-01-01

...) Binding unfunded commitments from your Institutional Investors that cannot be called for any purpose other... 13 Business Credit and Assistance 1 2013-01-01 2013-01-01 false Interest reserve requirements for... Rules for Leverage Issued by An Early Stage Sbic § 107.1181 Interest reserve requirements for Early...

36 CFR 908.12 - Retention on the List of Qualified Persons.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 36 Parks, Forests, and Public Property 3 2011-07-01 2011-07-01 false Retention on the List of Qualified Persons. 908.12 Section 908.12 Parks, Forests, and Public Property PENNSYLVANIA AVENUE DEVELOPMENT... Qualified Person is relocated into or has a binding lease commitment for Newly Developed Space; (3) The...

36 CFR 908.12 - Retention on the List of Qualified Persons.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Retention on the List of Qualified Persons. 908.12 Section 908.12 Parks, Forests, and Public Property PENNSYLVANIA AVENUE DEVELOPMENT... Qualified Person is relocated into or has a binding lease commitment for Newly Developed Space; (3) The...

34 CFR 300.506 - Mediation.

Code of Federal Regulations, 2010 CFR

2010-07-01

... resolution entity, or a parent training and information center or community parent resource center in the... legally binding agreement that sets forth that resolution and that— (i) States that all discussions that... professional interest that conflicts with the person's objectivity. (2) A person who otherwise qualifies as a...

7 CFR 1782.3 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-01-01

... interest is due and payable immediately. Adjustment. Satisfaction of a debt, including release of liability... employee acting on its behalf in accordance with appropriate delegations of authority. Assumption of debt. Agreement by one party to legally bind itself to pay the debt incurred by another. Borrower. Recipient of...

7 CFR 1599.2 - Definitions.

Code of Federal Regulations, 2011 CFR

2011-01-01

... legally binding agreement entered into between FAS and a participant to implement activities under the... FAS to a participant under an agreement. The term may include donated commodities that are used to produce a further processed product for use under the agreement. FAS means the Foreign Agricultural...

7 CFR 1599.2 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-01-01

... legally binding agreement entered into between FAS and a participant to implement activities under the... FAS to a participant under an agreement. The term may include donated commodities that are used to produce a further processed product for use under the agreement. FAS means the Foreign Agricultural...

7 CFR 1599.2 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-01-01

... legally binding agreement entered into between FAS and a participant to implement activities under the... FAS to a participant under an agreement. The term may include donated commodities that are used to produce a further processed product for use under the agreement. FAS means the Foreign Agricultural...

7 CFR 1599.2 - Definitions.

Code of Federal Regulations, 2012 CFR

2012-01-01

... legally binding agreement entered into between FAS and a participant to implement activities under the... FAS to a participant under an agreement. The term may include donated commodities that are used to produce a further processed product for use under the agreement. FAS means the Foreign Agricultural...

7 CFR 1599.2 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-01-01

... legally binding agreement entered into between FAS and a participant to implement activities under the... FAS to a participant under an agreement. The term may include donated commodities that are used to produce a further processed product for use under the agreement. FAS means the Foreign Agricultural...

A novel transcription initiation factor (TIF), TIF-IE, is required for homogeneous Acanthamoeba castellanii TIF-IB (SL1) to form a committed complex.

PubMed

Radebaugh, C A; Kubaska, W M; Hoffman, L H; Stiffler, K; Paule, M R

1998-10-16

The fundamental transcription initiation factor (TIF) for ribosomal RNA expression by eukaryotic RNA polymerase I, TIF-IB, has been purified to near homogeneity from Acanthamoeba castellanii using standard techniques. The purified factor consists of the TATA-binding protein and four TATA-binding protein-associated factors with relative molecular weights of 145,000, 99,000, 96,000, and 91,000. This yields a calculated native molecular weight of 460, 000, which compares well with its mass determined by scanning transmission electron microscopy (493,000) and its sedimentation rate, which is close to RNA polymerase I (515,000). Both impure and nearly homogeneous TIF-IB exhibit an apparent equilibrium dissociation constant of 56 +/- 3 pM. However, although impure TIF-IB can form a promoter-DNA complex resistant to challenge by other promoter-containing DNAs, near homogeneous TIF-IB cannot do so. An additional transcription factor, dubbed TIF-IE, restores the ability of near homogeneous TIF-IB to sequester DNA into a committed complex.

Enhancing Political Will for Universal Health Coverage in Nigeria.

PubMed

Aregbeshola, Bolaji S

2017-01-01

Universal health coverage aims to increase equity in access to quality health care services and to reduce financial risk due to health care costs. It is a key component of international health agenda and has been a subject of worldwide debate. Despite differing views on its scope and pathways to reach it, there is a global consensus that all countries should work toward universal health coverage. The goal remains distant for many African countries, including Nigeria. This is mostly due to lack of political will and commitment among political actors and policymakers. Evidence from countries such as Ghana, Chile, Mexico, China, Thailand, Turkey, Rwanda, Vietnam and Indonesia, which have introduced at least some form of universal health coverage scheme, shows that political will and commitment are key to the adoption of new laws and regulations for reforming coverage. For Nigeria to improve people's health, reduce poverty and achieve prosperity, universal health coverage must be vigorously pursued at all levels. Political will and commitment to these goals must be expressed in legal mandates and be translated into policies that ensure increased public health care financing for the benefit of all Nigerians. Nigeria, as part of a global system, cannot afford to lag behind in striving for this overarching health goal.

[Rape by 2 assaillants and gang rape in Montreal].

PubMed

Lamontagne, Y; Boyer, R; Lamontagne, C; Giroux, J

1984-11-01

A survey was conducted in 230 cases of rape and rape attempts heard in the Judicial District of Montreal between January 1975 and May 1978. Data were compiled from the 30 assaults including two or more assaillants. Results show that in cases of rape committed by two men the aggressors are older than gang rapists, meet the victim mainly in her flat or in a bar, and rape her in her own home, in a car or a hotel. In these cases, voyeurism seems to be an important factor since, most of the time, rape is committed by only one of the two aggressors. On the other hand, gang rapists are younger, meet the victim in public places, on the street or when she is hitch-hiking and attack her in one of the aggressors' house, in public places or on the street. Exhibitionism seems more present in this group of rapists. For both groups the victims are mainly single, younger than the aggressors and have diverse occupations. Finally, regarding the legal outcome half of the subjects were liberated or acquitted in both groups. Rape committed by two men had never been studied or compared with gang rape up until now. Results of this survey show dynamic and demographic differences between these two groups of sexual delinquents.

Homicide by fright: the intersection of cardiology and criminal law.

PubMed

Flannery, Frank T; Oetgen, Catherine C; Oetgen, William J

2010-01-01

The prevailing lay wisdom associates emotional stress with sudden death, and recent medical reports have linked massive catecholamine surges with demonstrable cardiac dysfunction that can be either reversible or fatal. This association does not strictly prove causality, and the question remains open for additional scientific investigation. From the legal viewpoint, however, the issue has been resolved, and case law clearly holds that sudden emotional stress can cause death. More significantly, case law also holds that if the sudden emotional stress is caused by criminal conduct, the resulting death of a victim of the criminal conduct can be prosecuted as homicide. Cardiologists are often called to testify in such circumstances. In the present study, we have reviewed 8 legal cases that are the basis of current opinions in these matters. These legal principles can be summarized as follows: emotional stress is sufficient, and physical abuse is not required for conviction; a time-lapse between the induction of emotional stress and death does not necessarily mitigate the charge of homicide; the criminal act must be the proximate cause of the victim's death; however, the accused does not always need to be physically present to commit the crime. In conclusion, although the pathophysiology of sudden death associated with massive emotional stress has not been fully elucidated from a scientific viewpoint, in the legal system, the association can be causative and can be the basis for a criminal prosecution. Cardiologists may be called on to provide expert opinions in the prosecution of these cases.

Effective connectivity of brain regions underlying third-party punishment: Functional MRI and Granger causality evidence.

PubMed

Bellucci, Gabriele; Chernyak, Sergey; Hoffman, Morris; Deshpande, Gopikrishna; Dal Monte, Olga; Knutson, Kristine M; Grafman, Jordan; Krueger, Frank

2017-04-01

Third-party punishment (TPP) for norm violations is an essential deterrent in large-scale human societies, and builds on two essential cognitive functions: evaluating legal responsibility and determining appropriate punishment. Despite converging evidence that TPP is mediated by a specific set of brain regions, little is known about their effective connectivity (direction and strength of connections). Applying parametric event-related functional MRI in conjunction with multivariate Granger causality analysis, we asked healthy participants to estimate how much punishment a hypothetical perpetrator deserves for intentionally committing criminal offenses varying in levels of harm. Our results confirmed that TPP legal decisions are based on two domain-general networks: the mentalizing network for evaluating legal responsibility and the central-executive network for determining appropriate punishment. Further, temporal pole (TP) and dorsomedial prefrontal cortex (PFC) emerged as hubs of the mentalizing network, uniquely generating converging output connections to ventromedial PFC, temporo-parietal junction, and posterior cingulate. In particular, dorsomedial PFC received inputs only from TP and both its activation and its connectivity to dorsolateral PFC correlated with degree of punishment. This supports the hypothesis that dorsomedial PFC acts as the driver of the TPP activation pattern, leading to the decision on the appropriate punishment. In conclusion, these results advance our understanding of the organizational elements of the TPP brain networks and provide better insights into the mental states of judges and jurors tasked with blaming and punishing legal wrongs.

Reengineering the corporate culture of hospitals.

PubMed

Johnson, J; Billingsley, M

1997-01-01

As we move closer to the turn of the century, the American health care system continues to provide management experts with a wealth of case studies describing the winners and losers in today's business environment. Winners in this cost-conscious era of institutional reengineering, said Senge in his best-selling book The Fifth Discipline (1990), are those organizations that bind together around a common identity, a sense of destiny, and a shared commitment to reconciling the existing threats to their survival. Senge suggests that the organizations that are able to tap people's commitment and capacity to learn at all levels of the structure will overcome the type of maladaptation to business threats so commonly seen in corporate failures today.

Ethical challenges of deactivation of cardiac devices in advanced heart failure.

PubMed

Chamsi-Pasha, Hassan; Chamsi-Pasha, Mohammed A; Albar, Mohammed Ali

2014-06-01

More than 23 million adults worldwide have heart failure (HF). Although survival after heart failure diagnosis has improved over time, mortality from heart failure remains high. At the end of life, the chronic HF patient often becomes increasingly symptomatic, and may have other life-limiting comorbidities as well. Multiple trials have shown a clear mortality benefit with the use of implantable cardioverter defibrillators (ICDs) in patients with cardiomyopathy and ventricular arrhythmia. However, patients who have an ICD may be denied the chance of a sudden cardiac death, and instead are committed to a slower terminal decline, with frequent DC shocks that can be painful and decrease the quality of life, greatly contributing to their distress and that of their families during this period. While patients with ICDs are routinely counseled with regard to the benefits of ICDs, they have a poor understanding of the options for device deactivation and related ethical and legal implications. Deactivating an ICD or not performing a generator change is both legal and ethical, and is supported by guidelines from both sides of the Atlantic. Patient autonomy is paramount, and no patient is committed to any therapy that they no longer wish to receive. Left ventricular assist devices (LVADs) were initially used as bridge in patients awaiting heart transplantation, but they are currently implanted as destination therapy (DT) in patients with end-stage heart failure who have failed to respond to optimal medical therapy and who are ineligible for cardiac transplantation. The decision-making process for initiation and deactivation of LVAD is becoming more and more ethically and clinically challenging, particularly for elderly patients.

Public health system and psychiatry in the treatment of 'dangerous' young offenders in Brazil.

PubMed

Ribeiro, Rafael Bernardon; Cordeiro, Quirino; Taborda, José G V

2015-01-01

We describe the Experimental Health Unit, a special forensic mental health facility in Brazil, created by court order and administered by the São Paulo Department of Health. It was designed for young offenders receiving compulsory inpatient treatment for severe personality disorders. All nine patients admitted to date came from Foundation CASA (a socio-educational centre of assistance for adolescents, the juvenile correctional centres managed by the São Paulo state Department of Justice). The court decision is questionable, relying on a new interpretation of the Child and Adolescent Statute and the law that regulates psychiatric treatment in Brazil. The public health system and psychiatry have been supporting the isolation of some individuals from society, based on the seriousness of their crimes and possession of particular personality characteristics. The decision to commit and send a small group of personality disordered individuals to this unit as inpatients is an unfair decision, since jails and correctional centres hold a high number of psychopathic who have also committed barbaric crimes. The central mental health issue is the role that the public health system should play in the custody of dangerous people; the cost-effectiveness of this model, the accuracy of risk assessment and tractability of people with severe personality disorders are also debatable. From a legal perspective, the operation of this facility raises questions about age of legal majority, the maximum period of incarceration of young offenders and use of whole-life sentences for certain types of crimes and criminals in Brazil. Copyright © 2015 Elsevier Ltd. All rights reserved.

Dissociative identity disorder: Medicolegal challenges.

PubMed

Farrell, Helen M

2011-01-01

Persons with dissociative identity disorder (DID) often present in the criminal justice system rather than the mental health system and perplex experts in both professions. DID is a controversial diagnosis with important medicolegal implications. Defendants have claimed that they committed serious crimes, including rape or murder, while they were in a dissociated state. Asserting that their alter personality committed the bad act, defendants have pleaded not guilty by reason of insanity (NGRI). In such instances, forensic experts are asked to assess the defendant for DID and provide testimony in court. Debate continues over whether DID truly exists, whether expert testimony should be allowed into evidence, and whether it should exculpate defendants for their criminal acts. This article reviews historical and theoretical perspectives on DID, presents cases that illustrate the legal implications and controversies of raising an insanity defense based on multiple personalities, and examines the role of forensic experts asked to comment on DID with the goal of assisting clinicians in the medicolegal assessment of DID in relation to crimes.

Essential Medicines in National Constitutions: Progress Since 2008.

PubMed

Katrina Perehudoff, S; Toebes, Brigit; Hogerzeil, Hans

2016-06-01

A constitutional guarantee of access to essential medicines has been identified as an important indicator of government commitment to the progressive realization of the right to the highest attainable standard of health. The objective of this study was to evaluate provisions on access to essential medicines in national constitutions, to identify comprehensive examples of constitutional text on medicines that can be used as a model for other countries, and to evaluate the evolution of constitutional medicines-related rights since 2008. Relevant articles were selected from an inventory of constitutional texts from WHO member states. References to states' legal obligations under international human rights law were evaluated. Twenty-two constitutions worldwide now oblige governments to protect and/or to fulfill accessibility of, availability of, and/or quality of medicines. Since 2008, state responsibilities to fulfill access to essential medicines have expanded in five constitutions, been maintained in four constitutions, and have regressed in one constitution. Government commitments to essential medicines are an important foundation of health system equity and are included increasingly in state constitutions.

[Commitment prerequisites according to paragraph 64 of the German penal code].

PubMed

Rasch, W

1986-05-01

Article 64 of the Penal Code of the Federal Republic of Germany provides for the commitment of alcohol and drug addicts to special institutions if further severe offences are to be expected due to their addiction. The measure of correction cannot be applied if treatment endeavours are given no chance. As the lack of compliance very often only appears in the course of the treatment, an amendment was made which added a new article. According to the new legal regulations, the measure of correction can be annulled after one year of detainment if the addict shows no aptitude for the therapy. The new regulation implicates an intensification of the therapeuticts role conflict, which is based on the fact that coerced therapy was little chance to be successful. Before establishing the deficient therapeutical capability of a patient, it should be conscientiously verified how far a team conflict or an insufficient therapeutical offer determines the decision. It should be considered that possibly one only wants to get rid of a troublesome patient.

Eliminating mental disability as a legal criterion in deprivation of liberty cases: The impact of the Convention on the Rights of Persons With Disabilities on the insanity defense, civil commitment, and competency law.

PubMed

Slobogin, Christopher

2015-01-01

A number of laws that are associated with deprivations of liberty, including the insanity defense, civil commitment, guardianship of the person and numerous competency doctrines in the criminal context, require proof of mental disability as a predicate. The Convention on the Rights of Persons With Disabilities commands signatory states to eliminate that predicate. Summarizing principles set out in my book Minding Justice: Laws That Deprive People With Mental Disability of Life and Liberty, I explain how this seemingly radical stance can be implemented. Specifically, this article proposes adoption of an "integrationist defense" in the criminal context, an "undeterrability requirement" when the state seeks preventive detention outside of the criminal process, and a "basic rationality and self-regard test" for incompetency determinations. None of these proposals requires proof of a mental disorder as a predicate condition. Copyright © 2015 Elsevier Ltd. All rights reserved.

Essential Medicines in National Constitutions

PubMed Central

Toebes, Brigit; Hogerzeil, Hans

2016-01-01

Abstract A constitutional guarantee of access to essential medicines has been identified as an important indicator of government commitment to the progressive realization of the right to the highest attainable standard of health. The objective of this study was to evaluate provisions on access to essential medicines in national constitutions, to identify comprehensive examples of constitutional text on medicines that can be used as a model for other countries, and to evaluate the evolution of constitutional medicines-related rights since 2008. Relevant articles were selected from an inventory of constitutional texts from WHO member states. References to states’ legal obligations under international human rights law were evaluated. Twenty-two constitutions worldwide now oblige governments to protect and/or to fulfill accessibility of, availability of, and/or quality of medicines. Since 2008, state responsibilities to fulfill access to essential medicines have expanded in five constitutions, been maintained in four constitutions, and have regressed in one constitution. Government commitments to essential medicines are an important foundation of health system equity and are included increasingly in state constitutions. PMID:27781006

Combat veterans and the death penalty: a forensic neuropsychiatric perspective.

PubMed

Wortzel, Hal S; Arciniegas, David B

2010-01-01

With our nation's present conflicts, a new generation of veterans are returning home, many of whom have substantial psychopathology and are encountering significant barriers in accessing care. Headlines from around the nation reflect that some of these wounded warriors go on to commit offenses that are potentially punishable by death. Existing circumstances speak to the urgency with which the subject of combat veterans with post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), or both facing capital crimes ought to be addressed. This publicity has led to a recent call for a legislatively or judicially enacted, narrow, categorical exclusion for combat veterans who were affected by either PTSD or TBI at the time of their capital offenses. In the present article, we illustrate the reality that combat veterans who commit capital offenses may face execution, summarize legal arguments offered in favor of a categorical exclusion, and provide a neuropsychiatric perspective on PTSD, TBI, and aggression, to help inform further dialogue on this weighty subject.

Selective Acquiescence, Creative Commitment and Strategic Conformity: Situated National Policy Responses to Bologna

ERIC Educational Resources Information Center

Sin, Cristina; Saunders, Murray

2014-01-01

The non-binding nature of the Bologna Declaration and loose policy-making and implementation through the open method of coordination (OMC) have led to varied national responses to the Bologna Process. The OMC has allowed countries room for manoeuvre to interpret Bologna policy and attach different degrees of importance to it. Looking at the…

40 CFR 98.4 - Authorization and responsibilities of the designated representative.

Code of Federal Regulations, 2014 CFR

2014-07-01

... Administrator of a complete certificate of representation under this section for a facility or supplier, the designated representative identified in such certificate of representation shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of such facility or...

15 CFR 10.9 - Publication of a standard.

Code of Federal Regulations, 2010 CFR

2010-01-01

... standard. A voluntary standard by itself has no mandatory or legally binding effect. Any person may choose to use or not to use such a standard. Appropriate reference in contracts, codes, advertising... establish, but no product may be advertised or represented in any manner which would imply or tend to imply...

10 CFR 603.1015 - Execution.

Code of Federal Regulations, 2010 CFR

2010-01-01

... properly authorize one participant to sign on behalf of the other participants and are binding on all... entering into an agreement signed by a single member on behalf of a consortium that is not a legal entity... agreement individually or to allow them to designate one member to sign on all members' behalf. Reporting...

10 CFR 603.1015 - Execution.

Code of Federal Regulations, 2011 CFR

2011-01-01

... properly authorize one participant to sign on behalf of the other participants and are binding on all... entering into an agreement signed by a single member on behalf of a consortium that is not a legal entity... agreement individually or to allow them to designate one member to sign on all members' behalf. Reporting...

It's in Our Hands Now

ERIC Educational Resources Information Center

Ward, Jane

2010-01-01

The world's political leaders failed to agree a fair, ambitious and legally binding accord that would protect the planet from catastrophic global warming at the United Nations' Copenhagen conference on climate change. This makes grassroots action all the more essential to save the world from devastating climate change. The UK Government championed…

7 CFR 795.14 - Changes in farming operations.

Code of Federal Regulations, 2010 CFR

2010-01-01

... existing under law, to divide, sell, transfer, rent, or lease his or her property if such division, sale, transfer, rental arrangement, or lease is legally binding as between the parties thereto. However, any document representing a division, sale, transfer, rental arrangement, or lease which is fictitious or not...

Same-Sex Couples' Decisions and Experiences of Marriage in the Context of Minority Stress: Interviews From a Population-Based Longitudinal Study.

PubMed

Rostosky, Sharon S; Riggle, Ellen D B; Rothblum, Esther D; Balsam, Kimberly F

2016-08-01

In the emerging context of marriage equality, it is important to explore the reasons for and experience of marriage for long-term same-sex couples, including the role of minority stress. In Wave 3 of the population-based, longitudinal CUPPLES Study we interviewed 21 long-term same-sex couples (14 female, 7 male) who resided in 12 different states and who were legally married. Couple members ranged in age from 37 to 84 and reported being together as a couple from 15 to 41 years. Seven couples lived in states that did not recognize their marriage at the time of the interview. Legal protection and social validation emerged as the two primary domains that captured couples' lived experiences of marriage. Minority stress experiences emerged in the narratives in the context of couples' long-term commitment, the availability of civil marriage, and couples' participation in activist efforts on behalf of marriage equality for themselves and others.

Doctor-assisted suicide: What is the present legal position in South Africa?

PubMed

McQuoid-Mason, David J

2015-09-21

In the recent case of Stransham-Ford v. the Minister of Justice and Correctional Services, the North Gauteng High Court held that a terminally ill patient who was experiencing intractable suffering was entitled to commit suicide with the assistance of his doctor and that the doctor's conduct would not be unlawful. The court was careful to state that it was not making a general rule about doctor-assisted suicide. The latter should be left to the Parliament, the Constitutional Court and 'future courts'. The judge dealt specifically with the facts of the case at hand. In order to understand the basis of the decision it is necessary to consider: (i) the facts of the case; (ii) the question of causation; (iii) the paradox of 'passive' and 'active' euthanasia; (iv) the test for unlawfulness in euthanasia cases; and (v) the meaning of doctor-assisted suicide. It is also necessary to clarify the present legal position regarding doctor-assisted suicide.

HIV vaccines: current challenges and future directions.

PubMed

Avrett, Sam; Collins, Chris

2002-07-01

Volume seven of the Review will mark the tenth anniversary of the Canadian HIV/AIDS Legal Network with a series of articles that describe past developments and future directions in several areas of policy and law related to HIV/AIDS. The following article is the first of these, discussing current challenges and future directions in the development of and access to HIV vaccines. It argues that governments are under public health, ethical, and legal obligations to develop and provide access to HIV vaccines. It further explains what is required for governments to fulfill their obligations: additional commitment and resources for HIV vaccine development in the context of increased global research and development regarding diseases of the poor; increased support and advocacy for partnerships to develop HIV vaccines; enhanced regulatory capacity in every country to review, approve, and monitor HIV vaccines; and assurance of global supply of, procurement of, delivery of, and access to vaccines in the context of efforts to increase global access to public health measures and technologies.

Picturing neuroscience research through a human rights lens: Imaging first-episode schizophrenic treatment-naive individuals

PubMed Central

Eijkholt, Marleen; Anderson, James A.; Illes, Judy

2012-01-01

In this paper we examine imaging research involving first-episode schizophrenic treatment-naive individuals (FESTNIs) through a legal human rights lens; in particular, the lens of the Additional Protocol to the Convention on Human Rights and Biomedicine Concerning Biomedical Research. We identify a number of ethical and legal hot spots highlighted by the Protocol, and offer a series of recommendations designed to ensure the human rights compatibility of this research. Subsequently, we argue that the lack of reporting on design elements related to ethical concerns frustrates commitments at the heart of the human rights approach, namely, transparency and openness to international scrutiny. To redress this problem, we introduce two norms for the first time: ethical transparency, and ethical reproducibility. When concluding, we offer a set of reporting guidelines designed to operationalize these norms in the context of imaging research involving FESTNIs. Though we will not make this case here, we believe that parallel reporting guidelines should be incorporated into other areas of research involving human subjects. PMID:22304987

Decision-making in frontotemporal dementia: clinical, theoretical and legal implications.

PubMed

Manes, Facundo; Torralva, Teresa; Ibáñez, Agustín; Roca, María; Bekinschtein, Tristán; Gleichgerrcht, Ezequiel

2011-01-01

The behavioral variant of frontotemporal dementia (bvFTD) is characterized by progressive changes in personality and social interaction, loss of empathy, disinhibition and impulsivity, most of which generally precede the onset of cognitive deficits. In this study, we investigated decision-making cognition in a group of patients with an early bvFTD diagnosis whose standard neuropsychological performance was within normal range for all variables. The Iowa Gambling Task was administered to this group of early bvFTD patients, to a group of early bvFTD patients who had shown impaired performance on the classical neuropsychological battery and to healthy controls. Decision-making was impaired in both bvFTD patient groups, whether they had shown impaired or normal performance in the classical neuropsychological evaluation. Patients with early bvFTD may perform normally on standard cognitive tests, and yet develop severe deficits in judgment and decision-making. In many current legal systems, early bvFTD patients showing preserved cognitive functioning who commit unlawful acts run the risk of not being able to plead insane or not guilty on the grounds of diminished responsibility beyond reasonable doubt. This represents a unique legal and ethical dilemma. Our findings have important implications for medicolegal decisions relating to capacity and culpability, and regarding the philosophical concept of 'free will'. 2011 S. Karger AG, Basel.

Study of the Types of Domestic Violence Committed Against Women Referred to the Legal Medical Organization in Urmia - Iran.

PubMed

Aghakhani, Nader; Sharif Nia, Hamid; Moosavi, Ehsan; Eftekhari, Ali; Zarei, Abbas; Bahrami, Nasim; Nikoonejad, Ali Reza

2015-12-01

Today, domestic violence against women is a growing epidemic that can be observed in many countries. This study was carried out to determine the types of domestic violence against women who were referred to the Legal Medical Organization of Iran in Urmia, Iran in 2012. The descriptive survey included demographic information, abuse screening, and items regarding partner involvement. Data was gathered using face-to-face structured interviews. The study population included 300, women 18 years of age or older, and data was collected about their demographic characteristics and the types of domestic violence they experienced. SPSS software version 16 was used for the analyses. The majority of participants were in the 25 - 30 age group, and 83% of them were battered by their husbands in various ways. No significant relationships were observed between violence and unemployment, increasing age, and home ownership. The prevalence of abuse reported by women in this population suggests that many women that are referred to the Legal Medical Organization of Iran may have a history of abuse. Abused women may have different reasons for seeking a divorce. If routine screening for abuse is included in counseling, health providers will have the opportunity to develop a safety plan and initiate appropriate referrals.

DNA Recognition by a σ 54 Transcriptional Activator from Aquifex aeolicus

DOE PAGES

Vidangos, Natasha K.; Heideker, Johanna; Lyubimov, Artem; ...

2014-08-23

Transcription initiation by bacterial σ 54-polymerase requires the action of a transcriptional activator protein. Activators bind sequence-specifically upstream of the transcription initiation site via a DNA-binding domain. The structurally characterized DNA-binding domains from activators all belong to the Factor for Inversion Stimulation (Fis) family of helix-turn-helix DNA-binding proteins. We report here structures of the free and DNA-bound forms of the DNA-binding domain of NtrC4 (4DBD) from Aquifex aeolicus, a member of the NtrC family of σ 54 activators. Two NtrC4 binding sites were identified upstream (-145 and -85 base pairs) from the start of the lpxC gene, which is responsiblemore » for the first committed step in Lipid A biosynthesis. This is the first experimental evidence for σ 54 regulation in lpxC expression. 4DBD was crystallized both without DNA and in complex with the -145 binding site. The structures, together with biochemical data, indicate that NtrC4 binds to DNA in a manner that is similar to that of its close homologue, Fis. Ultimately, the greater sequence specificity for the binding of 4DBD relative to Fis seems to arise from a larger number of base specific contacts contributing to affinity than for Fis.« less

On the inhibitor effects of bergamot juice flavonoids binding to the 3-hydroxy-3-methylglutaryl-CoA reductase (HMGR) enzyme.

PubMed

Leopoldini, Monica; Malaj, Naim; Toscano, Marirosa; Sindona, Giovanni; Russo, Nino

2010-10-13

Density functional theory was applied to study the binding mode of new flavonoids as possible inhibitors of the 3-hydroxy-3-methylglutaryl-CoA reductase (HMGR), an enzyme that catalyzes the four-electron reduction of HMGCoA to mevalonate, the committed step in the biosynthesis of sterols. The investigated flavonoid conjugates brutieridin and melitidin were recently quantified in the bergamot fruit extracts and identified to be structural analogues of statins, lipids concentration lowering drugs that inhibit HMGR. Computations allowed us to perform a detailed analysis of the geometrical and electronic features affecting the binding of these compounds, as well as that of the excellent simvastatin drug, to the active site of the enzyme and to give better insight into the inhibition process.

EVI1 Interferes with Myeloid Maturation via Transcriptional Repression of Cebpa, via Binding to Two Far Downstream Regulatory Elements*

PubMed Central

Wilson, Michael; Tsakraklides, Vasiliki; Tran, Minh; Xiao, Ying-Yi; Zhang, Yi; Perkins, Archibald S.

2016-01-01

One mechanism by which oncoproteins work is through perturbation of cellular maturation; understanding the mechanisms by which this occurs can lead to the development of targeted therapies. EVI1 is a zinc finger oncoprotein involved in the development of acute myeloid leukemia; previous work has shown it to interfere with the maturation of granulocytes from immature precursors. Here we investigate the mechanism by which that occurs, using an immortalized hematopoietic progenitor cell line, EML-C1, as a model system. We document that overexpression of EVI1 abrogates retinoic acid-induced maturation of EML cells into committed myeloid cells, a process that can be documented by the down-regulation of stem cell antigen-1 and acquisition of responsiveness to granulocyte-macrophage colony-stimulating factor. We show that this requires DNA binding capacity of EVI1, suggesting that downstream target genes are involved. We identify the myeloid regulator Cebpa as a target gene and identify two EVI1 binding regions within evolutionarily conserved enhancer elements at +35 and +37 kb relative to the gene. EVI1 can strongly suppress Cebpa transcription, and add-back of Cebpa into EVI1-expressing EML cells partially corrects the block in maturation. We identify the DNA sequences to which EVI1 binds at +35 and +37 kb and show that mutation of one of these releases Cebpa from EVI1-induced suppression. We observe a more complex picture in primary bone marrow cells, where EVI1 suppresses Cebpa in stem cells but not in more committed progenitors. Our data thus identify a regulatory node by which EVI1 contributes to leukemia, and this represents a possible therapeutic target for treatment of EVI1-expressing leukemia. PMID:27129260

Monitoring of Commitment, Blocking, and Continuation of Nutrient Germination of Individual Bacillus subtilis Spores

PubMed Central

Zhang, Pengfei; Liang, Jintao; Yi, Xuan; Setlow, Peter

2014-01-01

Short exposures of Bacillus spores to nutrient germinants can commit spores to germinate when germinants are removed or their binding to the spores' nutrient germinant receptors (GRs) is inhibited. Bacillus subtilis spores were exposed to germinants for various periods, followed by germinant removal to prevent further commitment. Release of spore dipicolinic acid (DPA) was then measured by differential interference contrast microscopy to monitor germination of multiple individual spores, and spores did not release DPA after 1 to 2 min of germinant exposure until ∼7 min after germinant removal. With longer germinant exposures, percentages of committed spores with times for completion of DPA release (Trelease) greater than the time of germinant removal (Tb) increased, while the time Tlag − Tb, where Tlag represents the time when rapid DPA release began, was decreased but rapid DPA release times (ΔTrelease = Trelease − Tlag) were increased; Factors affecting average Trelease values and the percentages of committed spores were germinant exposure time, germinant concentration, sporulation conditions, and spore heat activation, as previously shown for commitment of spore populations. Surprisingly, germination of spores given a 2nd short germinant exposure 30 to 45 min after a 1st exposure of the same duration was significantly higher than after the 1st exposure, but the number of spores that germinated in the 2nd germinant exposure decreased as the interval between germinant exposures increased up to 12 h. The latter results indicate that spores have some memory, albeit transient, of their previous exposure to nutrient germinants. PMID:24769693

[Human rights of the physician].

PubMed

García-Romero, H

1995-01-01

The physician rights may be classified in those related with his quality as a person, and those derived from his relationship with his patients and the institution to which he belongs. Among the first, liberty of expression, legal security, right of free association, the right of a dignified social position and neutral attitude towards the commitment of giving medical attention to whomever the patient may be. He has the right to receive a full and up-to-date training oriented to serve the community, supported by health institutions, and to have the means of utmost quality to give medical attention of the highest standard.

The psychopath magnetized: insights from brain imaging

PubMed Central

Anderson, Nathaniel E.; Kiehl, Kent A.

2014-01-01

Psychopaths commit a disproportionate amount of violent crime, and this places a substantial economic and emotional burden on society. Elucidation of the neural correlates of psychopathy may lead to improved management and treatment of the condition. Although some methodological issues remain, the neuroimaging literature is generally converging on a set of brain regions and circuits that are consistently implicated in the condition: the orbitofrontal cortex, amygdala, and the anterior and posterior cingulate and adjacent (para)limbic structures. We discuss these findings in the context of extant theories of psychopathy and highlight the potential legal and policy implications of this body of work. PMID:22177031

The Downside of Early Decision: Choosing Early Doesn't Always Mean Choosing Right

ERIC Educational Resources Information Center

Bacow, Lawrence S.

2006-01-01

The increasingly popular option of applying "early decision" (ED) requires a student to make a binding commitment that, if admitted to a particular college, she or he will enroll. Now offered by 184 U.S. colleges and universities, ED is a highly effective--and therefore highly seductive--tool for managing enrollment. This author argues,…

40 CFR 96.210 - Authorization and responsibilities of CAIR designated representative.

Code of Federal Regulations, 2012 CFR

2012-07-01

...)(4)(iv). (c) Upon receipt by the Administrator of a complete certificate of representation under § 96... representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR SO2 source... a complete certificate of representation under § 96.213 for a CAIR designated representative of the...

40 CFR 96.210 - Authorization and responsibilities of CAIR designated representative.

Code of Federal Regulations, 2013 CFR

2013-07-01

...)(4)(iv). (c) Upon receipt by the Administrator of a complete certificate of representation under § 96... representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR SO2 source... a complete certificate of representation under § 96.213 for a CAIR designated representative of the...

40 CFR 96.110 - Authorization and responsibilities of CAIR designated representative.

Code of Federal Regulations, 2012 CFR

2012-07-01

...)(4)(iv). (c) Upon receipt by the Administrator of a complete certificate of representation under § 96... representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR NOX source... received a complete certificate of representation under § 96.113 for a CAIR designated representative of...

40 CFR 96.110 - Authorization and responsibilities of CAIR designated representative.

Code of Federal Regulations, 2010 CFR

2010-07-01

...)(4)(iv). (c) Upon receipt by the Administrator of a complete certificate of representation under § 96... representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR NOX source... received a complete certificate of representation under § 96.113 for a CAIR designated representative of...

40 CFR 96.110 - Authorization and responsibilities of CAIR designated representative.

Code of Federal Regulations, 2014 CFR

2014-07-01

...)(4)(iv). (c) Upon receipt by the Administrator of a complete certificate of representation under § 96... representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR NOX source... received a complete certificate of representation under § 96.113 for a CAIR designated representative of...

40 CFR 96.210 - Authorization and responsibilities of CAIR designated representative.

Code of Federal Regulations, 2014 CFR

2014-07-01

...)(4)(iv). (c) Upon receipt by the Administrator of a complete certificate of representation under § 96... representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR SO2 source... a complete certificate of representation under § 96.213 for a CAIR designated representative of the...

40 CFR 96.110 - Authorization and responsibilities of CAIR designated representative.

Code of Federal Regulations, 2011 CFR

2011-07-01

...)(4)(iv). (c) Upon receipt by the Administrator of a complete certificate of representation under § 96... representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR NOX source... received a complete certificate of representation under § 96.113 for a CAIR designated representative of...

40 CFR 96.210 - Authorization and responsibilities of CAIR designated representative.

Code of Federal Regulations, 2011 CFR

2011-07-01

...)(4)(iv). (c) Upon receipt by the Administrator of a complete certificate of representation under § 96... representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR SO2 source... a complete certificate of representation under § 96.213 for a CAIR designated representative of the...

40 CFR 60.4110 - Authorization and Responsibilities of Hg designated representative.

Code of Federal Regulations, 2011 CFR

2011-07-01

... representation under § 60.4113, the Hg designated representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the Hg Budget source... complete certificate of representation under § 60.4113 for a Hg designated representative of the source and...

40 CFR 96.110 - Authorization and responsibilities of CAIR designated representative.

Code of Federal Regulations, 2013 CFR

2013-07-01

...)(4)(iv). (c) Upon receipt by the Administrator of a complete certificate of representation under § 96... representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR NOX source... received a complete certificate of representation under § 96.113 for a CAIR designated representative of...

40 CFR 60.4110 - Authorization and Responsibilities of Hg designated representative.

Code of Federal Regulations, 2010 CFR

2010-07-01

... representation under § 60.4113, the Hg designated representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the Hg Budget source... complete certificate of representation under § 60.4113 for a Hg designated representative of the source and...

24 CFR 1710.5 - Statutory exemptions from the provisions of this chapter.

Code of Federal Regulations, 2010 CFR

2010-04-01

... COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (INTERSTATE LAND SALES REGISTRATION PROGRAM) LAND...), if the sale involves a condominium or multi-unit construction, a presale clause conditioning the sale of a unit on a certain percentage of sales of other units is permissible if it is legally binding on...

24 CFR 1710.5 - Statutory exemptions from the provisions of this chapter.

Code of Federal Regulations, 2011 CFR

2011-04-01

... COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (INTERSTATE LAND SALES REGISTRATION PROGRAM) LAND...), if the sale involves a condominium or multi-unit construction, a presale clause conditioning the sale of a unit on a certain percentage of sales of other units is permissible if it is legally binding on...

Hard and Soft Governance: The Journey from Transnational Agencies to School Leadership

ERIC Educational Resources Information Center

Moos, Lejf

2009-01-01

The governance and leadership at transnational, national and school level seem to be converging into a number of isomorphic forms as we see a tendency towards substituting "hard" forms of governance, that are legally binding, with "soft" forms based on persuasion and advice. This article analyses and discusses governance forms…

Comparing the Financial Literacy of Public School, Christian School, and Homeschooled Students

ERIC Educational Resources Information Center

Wright, Tricia

2016-01-01

The 2008 recession underscored public concern that financial illiteracy has costs that are not limited to the individual who makes poor financial decisions. Considering that college students with limited financial experience are making legally binding decisions, this study explored the personal finance literacy and behavior of Christian college…

42 CFR 137.30 - What is a self-governance compact?

Code of Federal Regulations, 2010 CFR

2010-10-01

... 42 Public Health 1 2010-10-01 2010-10-01 false What is a self-governance compact? 137.30 Section... SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES TRIBAL SELF-GOVERNANCE Self-Governance compact § 137.30 What is a self-governance compact? A self-governance compact is a legally binding and mutually...

Legal Consequences of Employer Discharge Procedures

ERIC Educational Resources Information Center

Joseph, Stephanie

2008-01-01

The employment contract is sometimes misunderstood by both employees and employers. Drafters of employee manuals, policies, and procedures should be aware that the nature of the at-will employment relationship can be transformed into a binding employment contract by the words and phrases chosen. In this article, the author uses the case of Eric,…

Global Governance Mechanisms to Address Antimicrobial Resistance.

PubMed

Padiyara, Ponnu; Inoue, Hajime; Sprenger, Marc

2018-01-01

Since their discovery, antibiotics, and more broadly, antimicrobials, have been a cornerstone of modern medicine. But the overuse and misuse of these drugs have led to rising rates of antimicrobial resistance, which occurs when bacteria adapt in ways that render antibiotics ineffective. A world without effective antibiotics can have drastic impacts on population health, global development, and the global economy. As a global common good, antibiotic effectiveness is vulnerable to the tragedy of the commons, where a shared limited resource is overused by a community when each individual exploits the finite resource for their own benefit. A borderless threat like antimicrobial resistance requires global governance mechanisms to mitigate its emergence and spread, and it is the responsibility of all countries and relevant multilateral organizations. These mechanisms can be in the form of legally binding global governance mechanisms such as treaties and regulatory standards or nonbinding mechanisms such as political declarations, resolutions, or guidelines. In this article, we argue that while both are effective methods, the strong, swift, and coordinated action needed to address rising rates of antimicrobial resistance will be better served through legally binding governance mechanisms.

Social pressure, coercion, and client engagement at treatment entry: a self-determination theory perspective.

PubMed

Wild, T Cameron; Cunningham, John A; Ryan, Richard M

2006-10-01

Research on coercion in addiction treatment typically investigates objective sources of social pressure among legally mandated clients. Little research has examined the impact of clients' perceptions of social pressures in generalist addiction services. Clients seeking substance abuse treatment (N=300; 221 males and 79 females; M age=36.6 years) rated the extent to which treatment was being sought because of coercive social pressures (external motivation; alpha=.89), guilt about continued substance abuse (introjected motivation; alpha=.84), or a personal choice and commitment to the goals of the program (identified motivation; alpha=.85). External treatment motivation was positively correlated with legal referral, social network pressures to enter treatment, and was inversely related to problem severity. In contrast, identified treatment motivation was positively correlated with self-referral and problem severity, and was inversely related to perceived coercion (ps<.05). Hierarchical multiple regression analyses showed that referral source (i.e., mandated treatment status), legal history, and social network pressures did not predict any of 6 measures of client engagement at the time treatment was sought. However, treatment motivation variables accounted for unique variance in these outcomes when added to each model (DeltaR(2)s=.06-.23, ps<.05). Specifically, identified treatment motivation predicted perceived benefits of reducing substance use, attempts to reduce drinking and drug use, as well as self (and therapist) ratings of interest in the upcoming treatment episode (betas=.18-.31, ps<.05). Results suggest that the presence of legal referral and/or social network pressures to quit, cut down, and/or enter treatment does not affect client engagement at treatment entry.

The impact of participative management perceptions on customer service, medical errors, burnout, and turnover intentions.

PubMed

Angermeier, Ingo; Dunford, Benjamin B; Boss, Alan D; Boss, R Wayne

2009-01-01

Numerous challenges confront managers in the healthcare industry, making it increasingly difficult for healthcare organizations to gain and sustain a competitive advantage. Contemporary management challenges in the industry have many different origins (e.g., economic, financial, clinical, and legal), but there is growing recognition that some of management's greatest problems have organizational roots. Thus, healthcare organizations must examine their personnel management strategies to ensure that they are optimized for fostering a highly committed and productive workforce. Drawing on a sample of 2,522 employees spread across 312 departments within a large U.S. healthcare organization, this article examines the impact of a participative management climate on four employee-level outcomes that represent some of the greatest challenges in the healthcare industry: customer service, medical errors, burnout, and turnover intentions. This study provides clear evidence that employee perceptions of the extent to which their work climate is participative rather than authoritarian have important implications for critical work attitudes and behavior. Specifically, employees in highly participative work climates provided 14 percent better customer service, committed 26 percent fewer clinical errors, demonstrated 79 percent lower burnout, and felt 61 percent lower likelihood of leaving the organization than employees in more authoritarian work climates. These findings suggest that participative management initiatives have a significant impact on the commitment and productivity of individual employees, likely improving the patient care and effectiveness of healthcare organizations as a whole.

Global Survey of National Constitutions: Mapping Constitutional Commitments to Sexual and Reproductive Health and Rights.

PubMed

Pizzarossa, Lucía Berro; Perehudoff, Katrina

2017-12-01

General Comment No. 22, issued in 2016 by the Committee on Economic, Social and Cultural Rights (CESCR), clarifies states' legal duties to respect, protect, and fulfill the right to sexual and reproductive health (SRH). Our study analyzes domestic constitutions around the world to investigate whether and to what extent the right to sexual and reproductive health is respected, protected, and fulfilled; to what extent these provisions are inclusive and non-discriminatory; and to what degree the interlinkages between this and other human rights are acknowledged. Of the 195 constitutions accessed, 27 enshrine sexual and/or reproductive health, and seven adopt restrictive approaches to this right. In the 27 constitutions, provisions most frequently enshrine respect of one's sexual health and family planning decisions, the protection of sexual health, and the provision of reproductive health care and family planning services (fulfillment). Most of the 27 constitutions fail to adequately respect reproductive health rights; to protect reproductive health, family planning, and abortion services from third-party interference; and to fulfill all dimensions of sexual health and access to abortion. Three of the 27 constitutions enshrine a universal right to SRH, and additional constitutions protect specific vulnerable groups (such as women, children) and/or restrict the scope of rights holders to couples. Among the 27 constitutions, nine explicitly link the right to sexual and reproductive health to the rights to education, science, and/or to make autonomous decisions about sexuality and reproduction. Our results can serve as a baseline measure to track constitutional reforms in pursuit of the realization of sexual and reproductive health and rights, and as building blocks for future lawmakers committed to realizing these rights through domestic legal reform.

[Standards for treatment in forensic committment according to § 63 and § 64 of the German criminal code : Interdisciplinary task force of the DGPPN].

PubMed

Müller, J L; Saimeh, N; Briken, P; Eucker, S; Hoffmann, K; Koller, M; Wolf, T; Dudeck, M; Hartl, C; Jakovljevic, A-K; Klein, V; Knecht, G; Müller-Isberner, R; Muysers, J; Schiltz, K; Seifert, D; Simon, A; Steinböck, H; Stuckmann, W; Weissbeck, W; Wiesemann, C; Zeidler, R

2017-08-01

People who have been convicted of a crime due to a severe mental disorder and continue to be dangerous as a result of this disorder may be placed in a forensic psychiatric facility for improvement and safeguarding according to § 63 and § 64 of the German Criminal Code (StGB). In Germany, approximately 9000 patients are treated in clinics for forensic psychiatry and psychotherapy on the basis of § 63 of the StGB and in withdrawal centers on the basis of § 64 StGB. The laws for treatment of patients in forensic commitment are passed by the individual States, with the result that even the basic conditions differ in the individual States. While minimum requirements have already been published for the preparation of expert opinions on liability and legal prognosis, consensus standards for the treatment in forensic psychiatry have not yet been published. Against this background, in 2014 the German Society for Psychiatry and Psychotherapy, Psychosomatics and Neurology (DGPPN) commissioned an interdisciplinary task force to develop professional standards for treatment in forensic psychiatry. Legal, ethical, structural, therapeutic and prognostic standards for forensic psychiatric treatment should be described according to the current state of science. After 3 years of work the results of the interdisciplinary working group were presented in early 2017 and approved by the board of the DGPPN. The standards for the treatment in the forensic psychiatric commitment aim to initiate a discussion in order to standardize the treatment conditions and to establish evidence-based recommendations.

International and European law on protected areas and climate change: need for adaptation or implementation?

PubMed

Cliquet, A

2014-10-01

The protection and management of protected areas must be adapted to the effects of climate change. An important question is if the law on protected areas is capable of dealing with the required changes. In general, both international nature conventions and European Union nature conservation law do not contain any specific provisions on climate change and protected areas. Attention has been paid to this link in non-binding decisions and policy documents. In order to adapt the law to increased dynamics from climate change, more flexibility is needed. This flexibility should not be understood as "legal" flexibility, in the sense of the weakening nature conservation provisions. Scientific uncertainties on the effects of climate change might conflict with the need for legal certainties. In order to adapt to the effects of climate change, the two crucial elements are the strengthening of core protected areas and connectivity between the core areas. At the international level, both elements can be found in non-binding documents. International law enables the required adaptation; however, it often lacks concrete obligations. A stronger legal framework can be found at the level of the European Union. The Birds and Habitats Directives contain sufficient tools to deal with the effects of climate change. The Directives have been insufficiently implemented so far. Especially the central goals of reaching a favorable conservation status and connectivity measures need to be addressed much more in the future.

[Evaluation of injuries by means of photographs in a homicide (manslaughter or murder) barred by the statute of limitations].

PubMed

Madea, Burkhard

2009-01-01

Pursuant to Section 78 German Criminal Code, criminal offences under Section 220a (genocide) and Section 211 (murder) are not subject to a statute of limitations. To the extent that prosecution is subject to a statute of limitations, the period of limitation is thirty years in the case of acts punishable by imprisonment for life. After the expiration of the period of limitation, evidence and investigation records relevant for the offence may no longer be available. Once a homicide is statute-barred, main proceedings may be opened only, if the elements of murder are present. The problems arising from the statute of limitations are discussed on the basis of a case on which the author had to give an export opinion. The homicide was committed in Amsterdam in 1967. In 2004, after the period of limitation had expired in The Netherlands and--as far as manslaughter is concerned, also in the Federal Republic of Germany--a meanwhile 60-year-old man accused himself of having committed the offence (manual strangulation of a tied male). After the expiration of the statute of limitations the results of the police investigations and the autopsy report were no longer available. How the offence might have been committed and whether the elements of murder were present therefore had to be discussed on the basis of still available photographs of the crime scene and the victim. After studying these pieces of evidence, the criminal court decided that the accused had actually committed a voluntary homicide, but that it was no longer ascertainable, if the elements of murder were fulfilled. The issues relevant to legal medicine are presented against the background of the problems associated with the statute of limitations.

Naturally occurring mutations in the human 5-lipoxygenase gene promoter that modify transcription factor binding and reporter gene transcription.

PubMed Central

In, K H; Asano, K; Beier, D; Grobholz, J; Finn, P W; Silverman, E K; Silverman, E S; Collins, T; Fischer, A R; Keith, T P; Serino, K; Kim, S W; De Sanctis, G T; Yandava, C; Pillari, A; Rubin, P; Kemp, J; Israel, E; Busse, W; Ledford, D; Murray, J J; Segal, A; Tinkleman, D; Drazen, J M

1997-01-01

Five lipoxygenase (5-LO) is the first committed enzyme in the metabolic pathway leading to the synthesis of the leukotrienes. We examined genomic DNA isolated from 25 normal subjects and 31 patients with asthma (6 of whom had aspirin-sensitive asthma) for mutations in the known transcription factor binding regions and the protein encoding region of the 5-LO gene. A family of mutations in the G + C-rich transcription factor binding region was identified consisting of the deletion of one, deletion of two, or addition of one zinc finger (Sp1/Egr-1) binding sites in the region 176 to 147 bp upstream from the ATG translation start site where there are normally 5 Sp1 binding motifs in tandem. Reporter gene activity directed by any of the mutant forms of the transcription factor binding region was significantly (P < 0.05) less effective than the activity driven by the wild type transcription factor binding region. Electrophoretic mobility shift assays (EMSAs) demonstrated the capacity of wild type and mutant transcription factor binding regions to bind nuclear extracts from human umbilical vein endothelial cells (HUVECs). These data are consistent with a family of mutations in the 5-LO gene that can modify reporter gene transcription possibly through differences in Sp1 and Egr-1 transactivation. PMID:9062372

Naturally occurring mutations in the human 5-lipoxygenase gene promoter that modify transcription factor binding and reporter gene transcription.

PubMed

In, K H; Asano, K; Beier, D; Grobholz, J; Finn, P W; Silverman, E K; Silverman, E S; Collins, T; Fischer, A R; Keith, T P; Serino, K; Kim, S W; De Sanctis, G T; Yandava, C; Pillari, A; Rubin, P; Kemp, J; Israel, E; Busse, W; Ledford, D; Murray, J J; Segal, A; Tinkleman, D; Drazen, J M

1997-03-01

Five lipoxygenase (5-LO) is the first committed enzyme in the metabolic pathway leading to the synthesis of the leukotrienes. We examined genomic DNA isolated from 25 normal subjects and 31 patients with asthma (6 of whom had aspirin-sensitive asthma) for mutations in the known transcription factor binding regions and the protein encoding region of the 5-LO gene. A family of mutations in the G + C-rich transcription factor binding region was identified consisting of the deletion of one, deletion of two, or addition of one zinc finger (Sp1/Egr-1) binding sites in the region 176 to 147 bp upstream from the ATG translation start site where there are normally 5 Sp1 binding motifs in tandem. Reporter gene activity directed by any of the mutant forms of the transcription factor binding region was significantly (P < 0.05) less effective than the activity driven by the wild type transcription factor binding region. Electrophoretic mobility shift assays (EMSAs) demonstrated the capacity of wild type and mutant transcription factor binding regions to bind nuclear extracts from human umbilical vein endothelial cells (HUVECs). These data are consistent with a family of mutations in the 5-LO gene that can modify reporter gene transcription possibly through differences in Sp1 and Egr-1 transactivation.

Priority rules as solutions to conflicting health care rights.

PubMed

Andersson, Anna-Karin; Lindemark, Frode; Johansson, Kjell Arne

2017-03-01

Recent health legislation in Norway significantly increases access to specialist care within a legally binding time frame. The paper describes the contents of the new legislation and introduces some of the challenges with proliferations of rights to health care. The paper describes some of the challenges associated with the proliferation of legal rights to health care. It explains the benefits of assessing the new law in the light of a rights framework. It then analyses the problematic aspects of establishing additional priority rules as solutions to rights conflicts. It then defends adequacy criteria for acceptable priority rules when such rules are unavoidable. It finally defends our proposed method and explores concrete applications.

Myeloid leukemia factor 1 associates with a novel heterogeneous nuclear ribonucleoprotein U-like molecule.

PubMed

Winteringham, Louise N; Endersby, Raelene; Kobelke, Simon; McCulloch, Ross K; Williams, James H; Stillitano, Justin; Cornwall, Scott M; Ingley, Evan; Klinken, S Peter

2006-12-15

Myeloid leukemia factor 1 (MLF1) is an oncoprotein associated with hemopoietic lineage commitment and acute myeloid leukemia. Here we show that Mlf1 associated with a novel binding partner, Mlf1-associated nuclear protein (Manp), a new heterogeneous nuclear ribonucleoprotein (hnRNP) family member, related to hnRNP-U. Manp localized exclusively in the nucleus and could redirect Mlf1 from the cytoplasm into the nucleus. The nuclear content of Mlf1 was also regulated by 14-3-3 binding to a canonical 14-3-3 binding motif within the N terminus of Mlf1. Significantly Mlf1 contains a functional nuclear export signal and localized primarily to the nuclei of hemopoietic cells. Mlf1 was capable of binding DNA, and microarray analysis revealed that it affected the expression of several genes, including transcription factors. In summary, this study reveals that Mlf1 translocates between nucleus and cytoplasm, associates with a novel hnRNP, and influences gene expression.

Training and the Commitment of Outsourced Information Technologies' Workers: Psychological Contract Fulfillment as a Mediator

ERIC Educational Resources Information Center

Fontinha, Rita; Chambel, Maria José; De Cuyper, Nele

2014-01-01

Outsourced workers in information technologies (IT) generally have high skills and a high value on the job market. Their IT outsourcing organizations are likely to provide them with training, in the first place for skill development, but perhaps also as a way to bind the workers to them. This can be understood along the role of the psychological…

A framework for assessing discretionary corporate performance towards the environment

NASA Astrophysics Data System (ADS)

Labatt, Sonia

1991-03-01

This article reviews the existing models of corporate social responsiveness and develops a theoretical framework with which to examine corporations' discretionary performance with respect to one social issue, that of the environment. Discretionary indicators of corporate response to environmental issues are developed and tested within this framework. Twelve companies from five different sectors were selected for the survey, based on prior knowledge of their commitment to environmental concerns. Primary data was collected from personal interviews, and secondary data was obtained from company documents, annual reports, and other forms of publically disclosed information. Empirical results varied, but certain voluntary indicators, such as composition of the board of directors, the environmental affairs function, community support, and the annual report are considered to provide strong indications of discretionary corporate performance. Philanthropy and company products proved to be less satisfactory indicators of corporate commitment to the environment. The aggregated results revealed a correlation between the final rankings of firms' discretionary environmental performance and whether those companies are process or product oriented. Linkages between discretionary elements and those of economic and legal requirements were not explored.

77 FR 25014 - Submission for OMB Review; Comment Request

Federal Register 2010, 2011, 2012, 2013, 2014

2012-04-26

... with TTB and a copy is retained by TTB as long as it remains current and in force. Affected Public... , or the entire information collection request maybe found at www.reginfo.gov . Alcohol and Tobacco Tax... binding legal agreement between the two parties to extend the terms of a bond. A bond is necessary to...

34 CFR 99.4 - What are the rights of parents?

Code of Federal Regulations, 2011 CFR

2011-07-01

... 34 Education 1 2011-07-01 2011-07-01 false What are the rights of parents? 99.4 Section 99.4... § 99.4 What are the rights of parents? An educational agency or institution shall give full rights... there is a court order, State statute, or legally binding document relating to such matters as divorce...

37 CFR 2.193 - Trademark correspondence and signature requirements.

Code of Federal Regulations, 2013 CFR

2013-07-01

... Director. (d) Signatory must be identified. The name of the person who signs a document in connection with... behalf of an owner is: (i) A person with legal authority to bind the owner (e.g., a corporate officer or... the owner (e.g., a corporate officer or general partner of a partnership), or a practitioner qualified...

37 CFR 2.193 - Trademark correspondence and signature requirements.

Code of Federal Regulations, 2012 CFR

2012-07-01

... Director. (d) Signatory must be identified. The name of the person who signs a document in connection with... behalf of an owner is: (i) A person with legal authority to bind the owner (e.g., a corporate officer or... the owner (e.g., a corporate officer or general partner of a partnership), or a practitioner qualified...

37 CFR 2.193 - Trademark correspondence and signature requirements.

Code of Federal Regulations, 2014 CFR

2014-07-01

... Director. (d) Signatory must be identified. The name of the person who signs a document in connection with... behalf of an owner is: (i) A person with legal authority to bind the owner (e.g., a corporate officer or... the owner (e.g., a corporate officer or general partner of a partnership), or a practitioner qualified...

Freedom of Movement: From Right to Possibility--Recognition of Qualifications through Legislation or Information

ERIC Educational Resources Information Center

Paulsen, Mette Beyer

2008-01-01

This article seeks to describe briefly various initiatives taken to ease recognition and comparison of formal qualifications across borders in the EU. It takes a political angle, from binding legal instruments such as directives and decisions to policy instruments such as recommendations and voluntary action and covers 27 Member States with very…

The Effects of Charter Schools, Race, Socioeconomics, and Teacher Characteristics in Wisconsin's Urban School Districts

ERIC Educational Resources Information Center

Vick, Matthew E.

2009-01-01

The charter school movement focuses on the creation of public schools governed by a legally-binding agreement known as a charter. Charter schools are touted as allowing for innovation and creativity in exchange for increased accountability. The state of Wisconsin allows its school districts to authorize the formation charter schools. School…

Responding to chemical weapons violations in Syria: legal, health, and humanitarian recommendations.

PubMed

Brooks, Julia; Erickson, Timothy B; Kayden, Stephanie; Ruiz, Raul; Wilkinson, Stephen; Burkle, Frederick M

2018-01-01

The repeated use of prohibited chemical weapons in the Syrian conflict poses serious health, humanitarian, and security threats to civilians, healthcare personnel, and first responders. Moreover, the use of chemical weapons constitutes a clear and egregious violation of international law-likely amounting to a war crime-for which continued impunity is setting a dangerous precedent in relation to current and future conflicts. This debate article calls upon concerned states, organizations, and individuals to respond urgently and unequivocally to this serious breach of international legal and humanitarian norms. Based on health, humanitarian, and legal findings, this article calls for concrete action to: 1) reduce the risk of chemical weapons being used in current and future conflicts; 2) review and support the preparedness equipment and antidote supplies of first responders, humanitarian organizations, and military forces operating in Syria; 3) support international mechanisms for monitoring and enforcing the prohibition on chemical weapons, including through criminal accountability; 4) support civilian victims of chemical weapons attacks, including refugees; and 5) re-commit to the complete elimination of chemical weapons in compliance with the Chemical Weapons Convention (1993), a comprehensive treaty that bans chemical weapons and requires their complete destruction. All involved states and organizations should take urgent steps to ensure the protection of the most vulnerable victims of conflict, including victims of chemical weapons attacks in Syria, and to reinforce international law in the face of such serious violations.

Neuroscience and Brain Death Controversies: The Elephant in the Room.

PubMed

Verheijde, Joseph L; Rady, Mohamed Y; Potts, Michael

2018-06-21

The conception and the determination of brain death continue to raise scientific, legal, philosophical, and religious controversies. While both the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research in 1981 and the President's Council on Bioethics in 2008 committed to a biological definition of death as the basis for the whole-brain death criteria, contemporary neuroscientific findings augment the concerns about the validity of this biological definition. Neuroscientific evidentiary findings, however, have not yet permeated discussions about brain death. These findings have critical relevance (scientifically, medically, legally, morally, and religiously) because they indicate that some core assumptions about brain death are demonstrably incorrect, while others lack sufficient evidential support. If behavioral unresponsiveness does not equate to unconsciousness, then the philosophical underpinning of the definition based on loss of capacity for consciousness as well as the criteria, and tests in brain death determination are incongruent with empirical evidence. Thus, the primary claim that brain death equates to biological death has then been de facto falsified. This conclusion has profound philosophical, religious, and legal implications that should compel respective authorities to (1) reassess the philosophical rationale for the definition of death, (2) initiate a critical reappraisal of the presumed alignment of brain death with the theological definition of death in Abrahamic faith traditions, and (3) enact new legislation ratifying religious exemption to death determination by neurologic criteria.

Development and Implementation of Worksite Health and Wellness Programs: A Focus on Non-Communicable Disease.

PubMed

Cahalin, Lawrence P; Kaminsky, Leonard; Lavie, Carl J; Briggs, Paige; Cahalin, Brendan L; Myers, Jonathan; Forman, Daniel E; Patel, Mahesh J; Pinkstaff, Sherry O; Arena, Ross

2015-01-01

The development and implementation of worksite health and wellness programs (WHWPs) in the United States (US) hold promise as a means to improve population health and reverse current trends in non-communicable disease incidence and prevalence. However, WHWPs face organizational, economic, systematic, legal, and logistical challenges which have combined to impact program availability and expansion. Even so, there is a burgeoning body of evidence indicating WHWPs can significantly improve the health profile of participating employees in a cost effective manner. This foundation of scientific knowledge justifies further research inquiry to elucidate optimal WHWP models. It is clear that the development, implementation and operation of WHWPs require a strong commitment from organizational leadership, a pervasive culture of health and availability of necessary resources and infrastructure. Since organizations vary significantly, there is a need to have flexibility in creating a customized, effective health and wellness program. Furthermore, several key legal issues must be addressed to facilitate employer and employee needs and responsibilities; the US Affordable Care Act will play a major role moving forward. The purposes of this review are to: 1) examine currently available health and wellness program models and considerations for the future; 2) highlight key legal issues associated with WHWP development and implementation; and 3) identify challenges and solutions for the development and implementation of as well as adherence to WHWPs. Copyright © 2015 Elsevier Inc. All rights reserved.

Disability inclusion in higher education in Uganda: Status and strategies.

PubMed

Emong, Paul; Eron, Lawrence

2016-01-01

Uganda has embraced inclusive education and evidently committed itself to bringing about disability inclusion at every level of education. Both legal and non-legal frameworks have been adopted and arguably are in line with the intent of the Convention on the Rights of Persons with Disabilities (CRPD) on education. The CRPD, in Article 24, requires states to attain a right to education for persons with disabilities without discrimination and on the basis of equal opportunities at all levels of education. Despite Uganda's robust disability legal and policy framework on education, there is evidence of exclusion and discrimination of students with disabilities in the higher education institutions. The main objective of this article is to explore the status of disability inclusion in higher education and strategies for its realisation, using evidence from Emong's study, workshop proceedings where the authors facilitated and additional individual interviews with four students with disabilities by the authors. The results show that there are discrimination and exclusion tendencies in matters related to admissions, access to lectures, assessment and examinations, access to library services, halls of residence and other disability support services. The article recommends that institutional policies and guidelines on support services for students with disabilities and special needs in higher education be developed, data on students with disabilities collected to help planning, collaboration between Disabled Peoples Organisations (DPO's) strengthened to ensure disability inclusion and the establishment of disability support centres.

Causality and collateral estoppel: process and content of recent SSRI litigation.

PubMed

Whitehead, Paul D

2003-01-01

In Tobin v. SmithKline Beecham Pharmaceuticals a jury in the U.S. District Court for the District of Wyoming found that the medication Paxil "can cause some individuals to commit homicide and/or suicide," and that it was a legal cause of the deaths in this case. A motion was recently put before the United States District Court for the District of Utah to adopt the findings of the Tobin case--via the application of collateral estoppel--to a case involving an individual's suicide while prescribed Paxil. This article summarizes these two cases, as reflected in court documents, and comments on limitations of common causality assertions.

[Stealing as an Impulse Control Disorder Associated with Pramipexole - A Case Report from Forensic Psychiatric Practice].

PubMed

Clemm von Hohenberg, Christian; Dreßing, Harald

2017-04-01

We report the case of a 48-year-old female whom we examined for legal culpability. The proband was taking the dopamine agonist pramipexole as a treatment for Parkinson's disease. In temporal association, she had committed numerous shoplifting offences.While pathological gambling, excessive shopping and hypersexuality have often been described as adverse effects of dopamine agonists, there are only few reports about impulsive stealing in this context.We discuss the synergy of the pharmacological effects with familial, biographic and social factors, suggesting a bio-psycho-social etiology. © Georg Thieme Verlag KG Stuttgart · New York.

Sleepwalking through history: medicine, arts, and courts of law.

PubMed

Umanath, Sharda; Sarezky, Daniel; Finger, Stanley

2011-10-01

Somnambulism, or sleepwalking, has always been of interest to theologians, writers, philosophers, physicians, and others fascinated by unusual behaviors. This parasomnia, which was defined less precisely in the past than it is today, has long been featured in medical dissertations and books of medicine. Further, Shakespeare, Bellini, and Brown, among others, incorporated it into their plays, operas, and novels. Because some somnambulists turned violent and committed other acts detrimental to society, sleepwalking also demanded attention from legal systems, and guidelines were set for whether somnambulists could be held responsible for their actions. This historical review focuses on these developments pertaining to somnambulism through the seventeenth, eighteenth, and nineteenth centuries.

Nonprofit Board Membership for Health Care Professionals: Honor or Responsibility?

PubMed

Johnson, Joyce M; Calderwood, James A

2016-09-01

Physicians and other health care professionals are often invited to serve on nonprofit boards. Although service on a nonprofit board is an honor, it carries a large responsibility. Many health care professionals are unaware of the level of commitment and involvement board service requires, particularly fiduciary boards, which have accompanying risks and legal functions. In the present article, the authors describe the activities and responsibilities of a fiduciary board member. They also provide a checklist of questions to ask before agreeing to serve on a board and discuss how to decide whether one is the right fit for a specific board position.

Innovative Use of the Law to Address Complex Global Health Problems Comment on "The Legal Strength of International Health Instruments - What It Brings toGlobal Health Governance?"

PubMed

Walls, Helen L; Ooms, Gorik

2017-05-20

Addressing the increasingly globalised determinants of many important problems affecting human health is a complex task requiring collective action. We suggest that part of the solution to addressing intractable global health issues indeed lies with the role of new legal instruments in the form of globally binding treaties, as described in the recent article of Nikogosian and Kickbusch. However, in addition to the use of international law to develop new treaties, another part of the solution may lie in innovative use of existing legal instruments. A 2015 court ruling in The Hague, which ordered the Dutch government to cut greenhouse gas emissions by at least 25% within five years, complements this perspective, suggesting a way forward for addressing global health problems that critically involves civil society and innovative use of existing domestic legal instruments. © 2017 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

Chapter 2: International Requirements for Large Integration of Renewable Energy Sources

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

Molina-Garcia, A.; Hansen, A. D.; Muljadi, Eduard

Most European countries have concerns about the integration of large amounts of renewable energy sources (RES) into electric power systems, and this is currently a topic of growing interest. In January 2008, the European Commission published the 2020 package, which proposes committing the European Union to a 20% reduction in greenhouse gas emissions, to achieve a target of deriving 20% of the European Union's final energy consumption from renewable sources, and to achieve 20% improvement in energy efficiency both by the year 2020 [1]. Member states have different individual goals to meet these overall objectives, and they each need tomore » provide a detailed roadmap describing how they will meet these legally binding targets [2]. At this time, RES are an indispensable part of the global energy mix, which has been partially motivated by the continuous increases in hydropower as well as the rapid expansion of wind and solar photovoltaic (PV). The International Energy Agency's 2012 edition of the World Energy Outlook stated that the rapid increases in RES integration are underpinned by falling technology costs as well as rising fossilfuel prices and carbon pricing, but RES integration is also encouraged by continued subsidies: from $88 billion globally in 2011 (compared to $523 billion in fossil-fuel subsidies in 2012 [3], with a share of $131 billion for electricity generation) to an estimated $240 billion in 2035 [4]. According to [3], in 2015 RES accounted for 22% of electricity generation, which was approximately the same level as gas and about one-half the level of coal.« less

[The structure of meta-ethical reasoning and "paradigmatic instability" of medicine].

PubMed

Maroszyńska-Jezowska, B

1998-01-01

Meta-ethics is such a philosophical discipline that it analyses meaning and logical status of moral conceptions and arguments. Its scope of interest is focused on such problems, among others, as to what extent are moral values the intrinsic part of our reality and, on the other hand, to what extent are they merely the expression or certain conventions, emotions or directives. Codes of medical ethics and other legal acts concerning ethical commitments, both domestic and international (as, for example, Declaration of Helsinki), are based on a certain hidden meta-ethical presumption that morality is a human creation, and thus it belongs to a certain so-called "social realm". As such, medical ethics undergoes continuous transformations with regard to technological progress, which creates new moral challenges. This frequently leads to conflicts between moral, legal and praxiological norms under the absence of consensual conformity of utilitarian and deontological ways of moral reasoning. It may be useful for medical ethics to differentiate between axiological and thetic norms that are present in codes of medical ethics and in various international bioethical declarations and conventions.

Evidence, logic, the rule and the exception in Renaissance law and medicine.

PubMed

Maclean, I

2000-01-01

This article sets out to investigate aspects of the uptake of Renaissance law and medicine from some of the logical and natural-philosophical components of the university arts course. Medicine is shown to have a much laxer operative logic than law, reflecting its commitment to the theory of idiosyncrasy as opposed to the demands made upon the law by the need for a uniform application of justice. Symptomatic of the different uptake are the contrasting meanings of "regulariter" and "generaliter" in the two disciplines. Whereas the law treats the rule as inviolable and the exception as only valid if made explicit in due legal form, medicine is able to conceive of a nature as a field of knowledge broader than that encompassed by its rules of art. Both law and medicine approach evidence in ways which reflect their attempts to keep apart the process of information-gathering from that of interpretation; this is exemplified by the legal computation of competing testimony on the one hand and by the various medical modes of sign interpretation on the other.

[Violent offenders with or without antisocial personality disorder. A comparison].

PubMed

de Tribolet-Hardy, F; Vohs, K; Domes, G; Regli, D; Habermeyer, E

2011-01-01

The influence of legal offences on the diagnosis of antisocial personality disorder (ASPD) is a common discussion. A population of imprisoned delinquents diagnosed with ASPD was compared to delinquents without ASPD concerning sociodemographic, criminological and clinical characteristics to determine if ASPD can differentiate delinquents apart from committing legal offences. A total of 36 violent offenders with diagnosed ASPD and 29 violent offenders without ASPD were recruited in the prison of Straubing (Germany); 28 control subjects without previous convictions were recruited in the German population. All subjects were examined with the SKID-I and SKID-II, GAF, BIS-11, EPI and K-FAF. Violent offenders with ASPD differ from violent offenders without ASPD concerning the following parameters: high values of impulsivity, aggression, irritability, neuroticism and extraversion; low levels of psychosocial functioning, cumulative "broken home" indicators and antisocial behaviour before the age of 11 ("early starters"). Some features are suitable for the discrimination between offenders with or without ADPD, but our results indicate that samples are better distinguished by a dimensional approach, oriented toward their degree of characteristics.

Harassment of working women in the public health sector of Abbottabad in socio-legal perspective.

PubMed

Jabeen, Musarrat; Naeem, Zeeshan Muhammad; Umar, Muhammad; Yameen, Muhammad Arfat; Azhar, Saira

2017-01-01

To investigate the efficacy and impact of Protection Against Harassment of Women at Workplace Act 2010 in the public health sector in its socio-legal perspective. This cross-sectional study was conducted from July to December 2014 in Abbottabad, Pakistan, and comprised subjects selected from 53 basic health units managed by the government. SPSS 20 was used for statistical analysis. Of the 450 questionnaires, 430(96.6%) were returned duly filled. Overall, 40% male (120 respondents) and 26% female (34 respondents) knew about the Act. Besides, 39% males (117 respondents) and 63% females (82 respondents) appeared unsatisfied with the complaint mechanism prescribed in the Act; all the respondents established that no case had been registered after the introduction of the Act. Overall, 31% males (93 respondents) and 57% females (74 respondents) thought that without the health governance commitment and social support structure the Act could not work. The Protection Against Harassment of Women at Workplace Act 2010 was considered ineffective by the respondents who were concerned about the lack of social support system for the Act.

Research ethics and the plight of refugees in detention.

PubMed

Kirmayer, Laurence J; Rousseau, Cecile; Crepeau, Francois

2004-10-01

Health researchers may have a strategic role to play in confronting the predicament of refugee detainees because they can lend their analytic skills and authority to document the personal cost and impact of this practice. The justification for such 'subversive' research comes from the discrepancy between the sources of legitimacy and legality for government action. The practice of detention may be legal but illegitimate, judged against the standards of international human rights. Hence, research to explore the consequences of this policy is both morally and politically legitimate. Morally, it reflects a commitment to uncover and oppose unjustified violence against others; politically, it represents an attempt to identify and challenge abuses of power by the state. However, doing research without official approval or with the use of deception raises concerns for the safety of detainees as vulnerable research subjects as well as the credibility of researchers and the research enterprise. Researchers also may face sanctions that will limit their future effectiveness. An international network of researchers working on issues of human rights and the health of asylum seekers can provide an institutional basis to support work that challenges local practices.

TATA box-binding protein (TBP) is a constituent of the polymerase I-specific transcription initiation factor TIF-IB (SL1) bound to the rRNA promoter and shows differential sensitivity to TBP-directed reagents in polymerase I, II, and III transcription factors.

PubMed

Radebaugh, C A; Matthews, J L; Geiss, G K; Liu, F; Wong, J M; Bateman, E; Camier, S; Sentenac, A; Paule, M R

1994-01-01

The role of the Acanthamoeba castellanii TATA-binding protein (TBP) in transcription was examined. Specific antibodies against the nonconserved N-terminal domain of TBP were used to verify the presence of TBP in the fundamental transcription initiation factor for RNA polymerase I, TIF-IB, and to demonstrate that TBP is part of the committed initiation complex on the rRNA promoter. The same antibodies inhibit transcription in all three polymerase systems, but they do so differentially. Oligonucleotide competitors were used to evaluate the accessibility of the TATA-binding site in TIF-IB, TFIID, and TFIIIB. The results suggest that insertion of TBP into the polymerase II and III factors is more similar than insertion into the polymerase I factor.

The clinician's dilemma: two dimensions of ethical care.

PubMed

Gillett, Grant; Chamberlain, Joshua

2013-01-01

There is a continuing intense medico-ethico-legal debate around legalized euthanasia and physician assisted suicide such that ethically informed clinicians often agree with the arguments but feel hesitant about the conclusion, especially when it may bring about a change in law. We argue that this confusion results from the convergence of two continua that underpin the conduct of a clinician and are especially prominent in psychiatry. The two continua concern the duty of care and the importance of patient autonomy and they do not quite map into traditional divides in debates about sanctity of life, paternalism, and autonomy. As ethical dimensions, they come into sharp focus in the psychological complexities of end-of-life care and they form two key factors in most ethical and legal or disciplinary deliberations about a clinician's actions. Whereas both dimensions are important when a clinician reflects on what s/he has done or should do, they need careful balancing in a request for euthanasia or physician assisted suicide where the patient wants to take a decisive role in his or her own end-of-life care. However, end-of-life is also a situation where clinicians often encounter 'cries for help' so that both continua are importantly in play. Balancing these two continua without using blunt legal instruments is often required in psychiatric care in such a way as to problematize the idea that patient decisions should dominate the care options available. A simplistic approach to that issue arguably plays into what has been called an 'impoverished construction of life and death' and, some would say, devalues the basic commitments fundamental to medical care. Copyright © 2013 Elsevier Ltd. All rights reserved.

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

PubMed

Padela, Aasim I

2017-12-01

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.

Direct Test for Neuroinflammation with [11C]DAP-713-PET Scanning

DTIC Science & Technology

2015-10-01

individuals suffering from the Gulf War Illness (GWI). We are using quantitative positron emission tomography (PET) using [11C]DPA-713 (DPA). DPA...suffering from the Gulf War Illness (GWI). We are using quantitative positron emission tomography (PET) using [11C]DPA-713 (DPA). DPA binds to the... Resistant Prostate Cancer Time commitments: 0.12 calendar months Supporting Agency: CDMRP Grants Contact: TBD PI: Denmeade Co-Investigator

The Dystrophin Glycoprotein Complex Regulates the Epigenetic Activation of Muscle Stem Cell Commitment.

PubMed

Chang, Natasha C; Sincennes, Marie-Claude; Chevalier, Fabien P; Brun, Caroline E; Lacaria, Melanie; Segalés, Jessica; Muñoz-Cánoves, Pura; Ming, Hong; Rudnicki, Michael A

2018-05-03

Asymmetrically dividing muscle stem cells in skeletal muscle give rise to committed cells, where the myogenic determination factor Myf5 is transcriptionally activated by Pax7. This activation is dependent on Carm1, which methylates Pax7 on multiple arginine residues, to recruit the ASH2L:MLL1/2:WDR5:RBBP5 histone methyltransferase complex to the proximal promoter of Myf5. Here, we found that Carm1 is a specific substrate of p38γ/MAPK12 and that phosphorylation of Carm1 prevents its nuclear translocation. Basal localization of the p38γ/p-Carm1 complex in muscle stem cells occurs via binding to the dystrophin-glycoprotein complex (DGC) through β1-syntrophin. In dystrophin-deficient muscle stem cells undergoing asymmetric division, p38γ/β1-syntrophin interactions are abrogated, resulting in enhanced Carm1 phosphorylation. The resulting progenitors exhibit reduced Carm1 binding to Pax7, reduced H3K4-methylation of chromatin, and reduced transcription of Myf5 and other Pax7 target genes. Therefore, our experiments suggest that dysregulation of p38γ/Carm1 results in altered epigenetic gene regulation in Duchenne muscular dystrophy. Copyright © 2018 Elsevier Inc. All rights reserved.

Legally Binding Budget Act of 2013

THOMAS, 113th Congress

Rep. Black, Diane [R-TN-6

2013-05-08

House - 05/08/2013 Referred to the Committee on Rules, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

32 CFR 37.1015 - How do I decide who must sign the TIA if the recipient is an unincorporated consortium?

Code of Federal Regulations, 2010 CFR

2010-07-01

... sign on behalf of the other participants and are binding on all consortium members with respect to the... signed by a single member on behalf of a consortium that is not a legal entity. For example, you should... sign on all members' behalf. Reporting Information About the Award ...

32 CFR 37.1015 - How do I decide who must sign the TIA if the recipient is an unincorporated consortium?

Code of Federal Regulations, 2011 CFR

2011-07-01

... sign on behalf of the other participants and are binding on all consortium members with respect to the... signed by a single member on behalf of a consortium that is not a legal entity. For example, you should... sign on all members' behalf. Reporting Information About the Award ...

Assessing impacts of the WHO FCTC on national legislations: A case study of the Republic of Korea.

PubMed

Lee, Sun Goo

2017-06-01

The World Health Organization Framework Convention on Tobacco Control (WHO FCTC) is an international treaty that was adopted in 2003 with the aim of addressing public health problems related to tobacco. The treaty is expected to bring substantial changes to global tobacco control because it has legally binding power over its signatory countries. However, its actual impact on national legislative processes, to date, has not been thoroughly examined. This article assesses the effect of the WHO FCTC on national tobacco legislation, with the Republic of Korea as a case study. This article also reviews whether and how lawmakers and government officials actually refer to the WHO FCTC as a justification for amending tobacco law after Korea ratified the WHO FCTC in 2005. This review shows that the WHO FCTC served as an important ground upon which to amend laws to strengthen tobacco control in Korea. The legally binding power of the WHO FCTC compelled lawmakers to comply with international standards. Furthermore, various tobacco control measures listed in the treaty have provided practical tips for Korean policymakers to refer to in designing tobacco control laws. Copyright © 2017 Elsevier B.V. All rights reserved.

Act No. 8/1988 on infractions and sanctions in the social order, 7 April 1988.

PubMed

1988-01-01

This Act sets forth infractions and sanctions with respect to labor and social security. Among other things, it classifies the following as very serious offenses: 1) unilateral decisions of employers involving discrimination, either favorable or adverse, in the matter of compensation, hours, training, promotion, and other labor conditions with respect to sex and kinship with other workers; and 2) establishment of conditions through advertising, offers of work, or any other means that constitute discrimination, either favorable or adverse, with respect to access to employment for reasons of sex or kinship with other workers. The following persons will also be considered to have committed very serious infractions: 1) employers who use foreign workers without having first obtained the proper work permit or its renewal; they will incur an infraction for each foreign worker so employed; 2) foreigners who exercise in Spain any lucrative, labor, or professional activity for themselves without having obtained the proper permit or renewed it; and 3) real or legal persons who promote, facilitate, or protect the work of foreigners in Spain without the proper work permit. The Act sets penalties for these infractions ranging from 500,001 pesetas to 15,000,000 pesetas depending on attenuating or aggravating circumstances. In addition, employers committing these infractions are 1) automatically to lose benefits derived from employment programs from the time the infraction was committed and 2) to be excluded from access to such benefits for a maximum period of one year. full text

Receptor-ligand binding sites and virtual screening.

PubMed

Hattotuwagama, Channa K; Davies, Matthew N; Flower, Darren R

2006-01-01

Within the pharmaceutical industry, the ultimate source of continuing profitability is the unremitting process of drug discovery. To be profitable, drugs must be marketable: legally novel, safe and relatively free of side effects, efficacious, and ideally inexpensive to produce. While drug discovery was once typified by a haphazard and empirical process, it is now increasingly driven by both knowledge of the receptor-mediated basis of disease and how drug molecules interact with receptors and the wider physiome. Medicinal chemistry postulates that to understand a congeneric ligand series, or set thereof, is to understand the nature and requirements of a ligand binding site. Likewise, structural molecular biology posits that to understand a binding site is to understand the nature of ligands bound therein. Reality sits somewhere between these extremes, yet subsumes them both. Complementary to rules of ligand design, arising through decades of medicinal chemistry, structural biology and computational chemistry are able to elucidate the nature of binding site-ligand interactions, facilitating, at both pragmatic and conceptual levels, the drug discovery process.

The Structural Basis for Allosteric Inhibition of a Threonine-sensitive Aspartokinase

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

Liu, Xuying; Pavlovsky, Alexander G.; Viola, Ronald E.

2008-10-08

The commitment step to the aspartate pathway of amino acid biosynthesis is the phosphorylation of aspartic acid catalyzed by aspartokinase (AK). Most microorganisms and plants have multiple forms of this enzyme, and many of these isofunctional enzymes are subject to feedback regulation by the end products of the pathway. However, the archeal species Methanococcus jannaschii has only a single, monofunctional form of AK. The substrate l-aspartate binds to this recombinant enzyme in two different orientations, providing the first structural evidence supporting the relaxed regiospecificity previously observed with several alternative substrates of Escherichia coli AK. Binding of the nucleotide substrate triggersmore » significant domain movements that result in a more compact quaternary structure. In contrast, the highly cooperative binding of the allosteric regulator l-threonine to multiple sites on this dimer of dimers leads to an open enzyme structure. A comparison of these structures supports a mechanism for allosteric regulation in which the domain movements induced by threonine binding causes displacement of the substrates from the enzyme, resulting in a relaxed, inactive conformation.« less

Forensic evaluation in alleged sibling incest against children.

PubMed

Falcão, Vera; Jardim, Patrícia; Dinis-Oliveira, Ricardo Jorge; Magalhães, Teresa

2014-01-01

Sibling incest is a serious form of intrafamilial sexual abuse with health, social, and legal relevance. A retrospective study was conducted through the analysis of forensic medical reports of the alleged sibling incest of victims under 18 years old (n = 68) from 2004 to 2011 as well as the respective judicial outcomes. Results demonstrated that sibling's sexual abuse is associated with several circumstances that might exacerbate its severity such as vaginal, anal, and/or oral penetration. Moreover, the victim's young age, the proximity between victim and abuser, and the fact that it is committed at the victim's and/or abuser's home and by using physical violence and verbal threats justify a late detection of these cases.

It Doesn't Have to End in Disaster: A Case for Employment Compliance.

PubMed

Twigg, Tim

2016-01-01

It only takes one unhappy or disgruntled person to create a legal nightmare for you. There's no need to take this gamble. All it takes is awareness, commitment and action on your part. Once you have your HR house in order and have implemented a sound HR program in your practice, you also can feel good about knowing you are giving your staff every protection due to them under the law and every opportunity to be happy and successful in your practice. For yourself, you will be minimizing your risks and protecting your most valuable asset--your practice. You also will have given yourself the gift of peace of mind.

The pearl of the 'Pro-Life' movement? Reflections on the Kermit Gosnell controversy.

PubMed

Greasley, Kate

2014-06-01

The paper comments briefly on the recent controversy surrounding the criminal prosecution and conviction of rogue abortion doctor Kermit Gosnell in the USA, for, among other things, the murder of infants born alive. Without contesting the disturbing nature of the crimes committed by Gosnell and his colleagues, it critiques a few ways in which opponents of abortion have sought to use the case as ammunition against the legal provision of abortion and against the morality of all abortion. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

The Double Helix: Applying an Ethic of Care to the Duty to Warn Genetic Relatives of Genetic Information.

PubMed

Weaver, Meaghann

2016-03-01

Genetic testing reveals information about a patient's health status and predictions about the patient's future wellness, while also potentially disclosing health information relevant to other family members. With the increasing availability and affordability of genetic testing and the integration of genetics into mainstream medicine, the importance of clarifying the scope of confidentiality and the rules regarding disclosure of genetic findings to genetic relatives is prime. The United Nations International Declaration on Human Genetic Data urges an appreciation for principles of equality, justice, solidarity and responsibility in the context of genetic testing, including a commitment to honoring the privacy and security of the person tested. Considering this global mandate and recent professional statements in the context of a legal amendment to patient privacy policies in Australia, a fresh scrutiny of the legal history of a physician's duty to warn is warranted. This article inquiries whether there may be anything ethically or socially amiss with a potential future recommendation for health professionals or patients to universally disclose particular cancer predisposition genetic diagnosis to genetic family members. While much of the discussion remains applicable to all genetic diagnosis, the article focuses on the practice of disclosure within the context of BRCA1/2 diagnosis. An 'ethic of care' interpretation of legal tradition and current practice will serve to reconcile law and medical policy on the issue of physician disclosure of genetic results to family members without patient consent. © 2015 John Wiley & Sons Ltd.

Disability inclusion in higher education in Uganda: Status and strategies

PubMed Central

Emong, Paul

2016-01-01

Background Uganda has embraced inclusive education and evidently committed itself to bringing about disability inclusion at every level of education. Both legal and non-legal frameworks have been adopted and arguably are in line with the intent of the Convention on the Rights of Persons with Disabilities (CRPD) on education. The CRPD, in Article 24, requires states to attain a right to education for persons with disabilities without discrimination and on the basis of equal opportunities at all levels of education. Objectives Despite Uganda’s robust disability legal and policy framework on education, there is evidence of exclusion and discrimination of students with disabilities in the higher education institutions. The main objective of this article is to explore the status of disability inclusion in higher education and strategies for its realisation, using evidence from Emong’s study, workshop proceedings where the authors facilitated and additional individual interviews with four students with disabilities by the authors. Results The results show that there are discrimination and exclusion tendencies in matters related to admissions, access to lectures, assessment and examinations, access to library services, halls of residence and other disability support services. Conclusion The article recommends that institutional policies and guidelines on support services for students with disabilities and special needs in higher education be developed, data on students with disabilities collected to help planning, collaboration between Disabled Peoples Organisations (DPO’s) strengthened to ensure disability inclusion and the establishment of disability support centres. PMID:28730044

Physician assisted suicide and clinical vulnerability: a slippery slope.

PubMed

Monacelli, F; Martini, M; Odetti, P; Ciliberti, R

2016-01-01

The Belgian case of a 24 years' woman affected by resistant depression, who obtained the legal right to assisted suicide rehearsed ethical issues. From the famous Chabot case of the Dutch court in 1994, accumulating legal evidence indicates that the unbearable psychiatric suffering may be equate to the physical struggle of end of life patients. The Belgian law has addressed assisted suicide as an option in case of unbearable psychic suffering with no future prospective. It is unlikely that the practice of euthanasia may be mechanistically reduced to the provision of a suicide as alleviating the burden of suffering in depression is a long life commitment; moreover, the principle of patient's self determination and autonomy is highly debatable: the closure to the future, the hopelessness and the suicidal ideation represent per se core features of depression. Might they be discriminated as non pathological in assessing patients' competence and how? The slippery slopes is even more upsetting when dealing with elderly affected by chronic disability. Some body of evidence justified suicide in elderly as the final auto determination to preserve the person's dignity, and quality of life. The growing scenario of economic shortages in heath care system seems to further legalize the social prejudice and the ageistic discrimination towards elderly with disability. The silver tsunami will face the challenge of true self determination; will it be acted through assisted suicide or through a rebuilding of western heath care policies to fulfill the emergent needs of an aging population?

Canonical FGFs Prevent Osteogenic Lineage Commitment and Differentiation of Human Bone Marrow Stromal Cells Via ERK1/2 Signaling.

PubMed

Simann, Meike; Le Blanc, Solange; Schneider, Verena; Zehe, Viola; Lüdemann, Martin; Schütze, Norbert; Jakob, Franz; Schilling, Tatjana

2017-02-01

Controlling the adipo-osteogenic lineage decision of trabecular human bone marrow stromal cells (hBMSCs) in favor of osteogenesis represents a promising approach for osteoporosis therapy and prevention. Previously, Fibroblast Growth Factor 1 (FGF1) and its subfamily member FGF2 were scored as leading candidates to exercise control over skeletal precursor commitment and lineage decision albeit literature results are highly inconsistent. We show here that FGF1 and 2 strongly prevent the osteogenic commitment and differentiation of hBMSCs. Mineralization of extracellular matrix (ECM) and mRNA expression of osteogenic marker genes Alkaline Phosphatase (ALP), Collagen 1A1 (COL1A1), and Integrin-Binding Sialoprotein (IBSP) were significantly reduced. Furthermore, master regulators of osteogenic commitment like Runt-Related Transcription Factor 2 (RUNX2) and Bone Morphogenetic Protein 4 (BMP4) were downregulated. When administered under adipogenic culture conditions, canonical FGFs did not support osteogenic marker expression. Moreover despite the presence of osteogenic differentiation factors, FGFs even disabled the pro-osteogenic lineage decision of pre-differentiated adipocytic cells. In contrast to FGF Receptor 2 (FGFR2), FGFR1 was stably expressed throughout osteogenic and adipogenic differentiation and FGF addition. Moreover, FGFR1 and Extracellular Signal-Regulated Kinases 1 and 2 (ERK1/2) were found to be responsible for underlying signal transduction using respective inhibitors. Taken together, we present new findings indicating that canonical FGFR-ERK1/2 signaling entrapped hBMSCs in a pre-committed state and arrested further maturation of committed precursors. Our results might aid in unraveling and controlling check points relevant for ageing-associated aberrant adipogenesis with consequences for the treatment of degenerative diseases such as osteoporosis and for skeletal tissue engineering strategies. J. Cell. Biochem. 118: 263-275, 2017. © 2016 Wiley Periodicals, Inc. © 2016 Wiley Periodicals, Inc.

Security of two-state and four-state practical quantum bit-commitment protocols

NASA Astrophysics Data System (ADS)

Loura, Ricardo; Arsenović, Dušan; Paunković, Nikola; Popović, Duška B.; Prvanović, Slobodan

2016-12-01

We study cheating strategies against a practical four-state quantum bit-commitment protocol [A. Danan and L. Vaidman, Quant. Info. Proc. 11, 769 (2012)], 10.1007/s11128-011-0284-4 and its two-state variant [R. Loura et al., Phys. Rev. A 89, 052336 (2014)], 10.1103/PhysRevA.89.052336 when the underlying quantum channels are noisy and the cheating party is constrained to using single-qubit measurements only. We show that simply inferring the transmitted photons' states by using the Breidbart basis, optimal for ambiguous (minimum-error) state discrimination, does not directly produce an optimal cheating strategy for this bit-commitment protocol. We introduce a strategy, based on certain postmeasurement processes and show it to have better chances at cheating than the direct approach. We also study to what extent sending forged geographical coordinates helps a dishonest party in breaking the binding security requirement. Finally, we investigate the impact of imperfect single-photon sources in the protocols. Our study shows that, in terms of the resources used, the four-state protocol is advantageous over the two-state version. The analysis performed can be straightforwardly generalized to any finite-qubit measurement, with the same qualitative results.

Working towards a European Geological Data Infrastructure

NASA Astrophysics Data System (ADS)

van der Krogt, Rob; Hughes, Richard; Pedersen, Mikael; Serrano, Jean-Jacques; Lee, Kathryn A.; Tulstrup, Jørgen; Robida, François

2013-04-01

The increasing importance of geological information for policy, regulation and business needs at European and international level has been recognized by the European Parliament and the European Commission, who have called for the development of a common European geological knowledge base. The societal relevance of geoscience data/information is clear from many current issues such as shale gas exploration (including environmental impacts), the availability of critical mineral resources in a global economy, management and security with regard to geohazards (seismic, droughts, floods, ground stability), quality of (ground-)water and soil and societal responses to the impacts of climate change. The EGDI-Scope project responds to this, aiming to prepare an implementation plan for a pan-European Geological Data Infrastructure (EGDI), under the umbrella of the FP7 e- Infrastructures program. It is envisaged that the EGDI will build on geological datasets and models currently held by the European Geological Surveys at national and regional levels, and will also provide a platform for datasets generated by the large number of relevant past, ongoing and future European projects which have geological components. With European policy makers and decision makers from (international) industry as the main target groups (followed by research communities and the general public) stakeholder involvement is imperative to the successful realization and continuity of the EGDI. With these ambitions in mind, the presentation will focus on the following issues, also based on the first results and experiences of the EGDI-Scope project that started mid-2012: • The organization of stakeholder input and commitment connected to relevant 'use cases' within different thematic domains; a number of stakeholder representatives is currently involved, but the project is open to more extensive participation; • A large number of European projects relevant for data delivery to EGDI has been reviewed; what can we conclude and what is the way forward? • The project has evaluated relevant existing interoperable infrastructures revealing a typology of infrastructures that may be useful models for the EGDI; • Planning for the EGDI also need to be integrated with other relevant international initiatives and programs such as GMES, GEO and EPOS, and with legally binding regulations like INSPIRE. The outcomes of these relevant evaluations and activities will contribute to the implementation plan for the EGDI including the prioritization of relevant datasets and the most important functional, technical (design, use of standards), legal and organizational requirements.

Clinical review: influenza pandemic - physicians and their obligations.

PubMed

Anantham, Devanand; McHugh, Wendy; O'Neill, Stephen; Forrow, Lachlan

2008-01-01

An influenza pandemic threatens to be the most lethal public health crisis to confront the world. Physicians will have critical roles in diagnosis, containment and treatment of influenza, and their commitment to treat despite increased personal risks is essential for a successful public health response. The obligations of the medical profession stem from the unique skills of its practitioners, who are able to provide more effective aid than the general public in a medical emergency. The free choice of profession and the societal contract from which doctors derive substantial benefits affirm this commitment. In hospitals, the duty will fall upon specialties that are most qualified to deal with an influenza pandemic, such as critical care, pulmonology, anesthesiology and emergency medicine. It is unrealistic to expect that this obligation to treat should be burdened with unlimited risks. Instead, risks should be minimized and justified against the effectiveness of interventions. Institutional and public cooperation in logistics, remuneration and psychological/legal support may help remove the barriers to the ability to treat. By stepping forward in duty during such a pandemic, physicians will be able to reaffirm the ethical center of the profession and lead the rest of the healthcare team in overcoming the medical crisis.

Integrating the environment in local strategic planning : Guidelines (Case of Morocco)

NASA Astrophysics Data System (ADS)

Benbrahim, Hafsa

2018-05-01

Since 2010, an advanced regionalization project has been initiated by Morocco, which plans to consolidate the processes of decentralization and deconcentration by extending the powers of the regions and other local authorities. This project, institutionalized in the 2011 Constitution, defines the territorial organization of the Kingdom and reinforces decentralization according to a model of advanced regionalization. Through advanced regionalization, Morocco aims at integrated and sustainable development in economic, social, cultural and environmental terms, through the development of the potential and resources of each region. However, in order to honor this commitment of advanced regionalization, local authorities must be assisted in adopting a local strategic planning approach, allowing them to develop territorial plans for sustainable development in accordance with the national legal framework, specifically the Framework law 99-12, and international commitments in terms of environmental protection. This research deals with the issue of environmental governance in relation to the role and duties of local authorities. Thus, the main goal of our study is to present the guidelines to be followed by the local authorities to improve the quality of the environment integration process in the local strategic planning with the aim of putting it in a perspective of sustainable development.

Efforts to secure universal access to HIV/AIDS treatment: a comparison of BRICS countries.

PubMed

Sun, Jing; Boing, Alexandra Crispim; Silveira, Marysabel P T; Bertoldi, Andréa D; Ziganshina, Liliya E; Khaziakhmetova, Veronica N; Khamidulina, Rashida M; Chokshi, Maulik R; McGee, Shelley; Suleman, Fatima

2014-02-01

This article illustrates how the BRICS countries have been building their focused leadership, making important high level commitment and national policy changes, and improving their health systems, in addressing the HIV/AIDS epidemics in respective settings. Specific aspects are focused on efforts of creating public provisions to secure universal access to ARVs from the aspects of active responsive system and national program, health system strengthening, fostering local production of ARVs, supply chain management, and information system strengthening. Challenges in each BRICS country are analyzed respectively. The most important contributors to the success of response to HIV/AIDS include: creating legal basis for healthcare as a fundamental human right; political commitment to necessary funding for universal access and concrete actions to secure equal quality care; comprehensive system to secure demands that all people in need are capable of accessing prevention, treatment and care; active community involvement; decentralization of the management system considering the local settings; integration of treatment and prevention; taking horizontal approach to strengthen health systems; fully use of the TRIPS flexibility; and regular monitoring and evaluation to serve evidence based decision making. © 2013 Chinese Cochrane Center, West China Hospital of Sichuan University and Wiley Publishing Asia Pty Ltd.

Clinical review: Influenza pandemic – physicians and their obligations

PubMed Central

Anantham, Devanand; McHugh, Wendy; O'Neill, Stephen; Forrow, Lachlan

2008-01-01

An influenza pandemic threatens to be the most lethal public health crisis to confront the world. Physicians will have critical roles in diagnosis, containment and treatment of influenza, and their commitment to treat despite increased personal risks is essential for a successful public health response. The obligations of the medical profession stem from the unique skills of its practitioners, who are able to provide more effective aid than the general public in a medical emergency. The free choice of profession and the societal contract from which doctors derive substantial benefits affirm this commitment. In hospitals, the duty will fall upon specialties that are most qualified to deal with an influenza pandemic, such as critical care, pulmonology, anesthesiology and emergency medicine. It is unrealistic to expect that this obligation to treat should be burdened with unlimited risks. Instead, risks should be minimized and justified against the effectiveness of interventions. Institutional and public cooperation in logistics, remuneration and psychological/legal support may help remove the barriers to the ability to treat. By stepping forward in duty during such a pandemic, physicians will be able to reaffirm the ethical center of the profession and lead the rest of the healthcare team in overcoming the medical crisis. PMID:18598380

Physicians in transition: practice due diligence.

PubMed

Paterick, Timothy E

2013-01-01

The landscape of healthcare is changing rapidly. That landscape is now a business model of medicine. That rapid change resulting in a business model is affecting physicians professionally and personally. The new business model of medicine has led to large healthcare organizations hiring physicians as employees. The role of a physician as an employee has many limitations in terms of practice and personal autonomy. Employed physicians sign legally binding employment agreements that are written by the legal team working for the healthcare organization. Thus physicians should practice due diligence before signing the employment agreement. "Due diligence" refers to the care a reasonable person should take before entering into an agreement with another party. That reasonable person should seek expertise to represent his or her interests when searching a balanced agreement between the physician and organization.

[Current legal questions in relation to autologous blood transfusion and legally controlled blood donation in Germany].

PubMed

Biermann, E

1994-11-01

If a patient suffers any damage from treatment, the persons involved in transfusion medicine might be made liable according to civil and penal law for violations against the standards prescribed by the codes of performance and ethics of the individual professions. In order to avoid organisational liability, criteria for adequate patient care must be created which regulate facilities and equipment as well as staff. The typical hazards encountered in interdisciplinary cooperation between specialists of various branches of medicine must be counteracted by a constructive division of tasks and responsibilities. The participating physicians are moreover liable within the scope of the German law forbidding so-called 'unlawful interference with the possession of another' in the case of failure to obtain legally binding consent--usually resulting from inadequacies in informing the patient. The landmark decision by the German Federal Court of Justice on instructing patients about the risks of and alternatives to blood transfusions forces all those involved to take the consequences with regard to instructing patients about the risk of transfusions and concerning the implementation of techniques for sparing and replacing allogenic blood.

Gray divorce: Explaining midlife marital splits.

PubMed

Crowley, Jocelyn Elise

2017-12-06

Recent research suggests that one out of every four divorces in the United States is now "gray," meaning that at least one half of the couple has reached the age of 50 when the marriage breaks down. To understand why this age group-the Baby Boomer generation-is splitting up, this study conducted 40 in-depth, semistructured interviews with men and 40 with women who have experienced a gray divorce in their lifetimes. Respondents' beliefs in an expressive individualistic model of marriage, where partnerships are only valuable if they help individuals achieve personal growth, were compared against their potential adherence to what I call a commitment-based model of marriage, where binding, romantic love holds couples together unless there is severe relationship strain. The results demonstrated that the commitment-based model most strongly governs marriage and the decision to divorce among Baby Boomers for both sexes, although some specific reasons for divorce differ for men and women.

How Much Does it Cost to Expand a Protected Area System? Some Critical Determining Factors and Ranges of Costs for Queensland

PubMed Central

Adams, Vanessa M.; Segan, Daniel B.; Pressey, Robert L.

2011-01-01

Many governments have recently gone on record promising large-scale expansions of protected areas to meet global commitments such as the Convention on Biological Diversity. As systems of protected areas are expanded to be more comprehensive, they are more likely to be implemented if planners have realistic budget estimates so that appropriate funding can be requested. Estimating financial budgets a priori must acknowledge the inherent uncertainties and assumptions associated with key parameters, so planners should recognize these uncertainties by estimating ranges of potential costs. We explore the challenge of budgeting a priori for protected area expansion in the face of uncertainty, specifically considering the future expansion of protected areas in Queensland, Australia. The government has committed to adding ∼12 million ha to the reserve system, bringing the total area protected to 20 million ha by 2020. We used Marxan to estimate the costs of potential reserve designs with data on actual land value, market value, transaction costs, and land tenure. With scenarios, we explored three sources of budget variability: size of biodiversity objectives; subdivision of properties; and legal acquisition routes varying with tenure. Depending on the assumptions made, our budget estimates ranged from $214 million to $2.9 billion. Estimates were most sensitive to assumptions made about legal acquisition routes for leasehold land. Unexpected costs (costs encountered by planners when real-world costs deviate from assumed costs) responded non-linearly to inability to subdivide and percentage purchase of private land. A financially conservative approach - one that safeguards against large cost increases while allowing for potential financial windfalls - would involve less optimistic assumptions about acquisition and subdivision to allow Marxan to avoid expensive properties where possible while meeting conservation objectives. We demonstrate how a rigorous analysis can inform discussions about the expansion of systems of protected areas, including the identification of factors that influence budget variability. PMID:21980459

Substance use disorder and compulsory commitment to care: a care-ethical decision-making framework.

PubMed

Nicolini, Marie; Vandenberghe, Joris; Gastmans, Chris

2017-11-29

In the era of deinstitutionalisation of psychiatric patients, steady or even increasing rates of compulsory commitment to care (CCC) are an intriguing phenomenon to analyse. From a clinical, legal and ethical perspective, CCC continues to be a controversial practice in psychiatry, and perhaps even more so when applied to patients with severe substance use disorder (SUD). Several reasons make it controversial. The lack of consensus about the benefits of CCC and professional disagreement about what mental illness and autonomy mean in the case of SUD make it difficult to apply ethically sound clinical decision-making in CCC. Also, the medico-legal framework underlying CCC use sometimes appears to foster the use of reductionist clinical evaluation. Layered on top of these issues is how stakeholders view coercion. There is a discrepancy between clinicians' and patients' perception of coercion, which leads to clinician-patient differences on whether CCC is necessary. Moreover, the way in which the evaluation is typically carried out influences patients' perception of coercion and subsequently their motivation for participating fully in treatment. In this article, we explore the value of care ethics, often applied to care practices such as nursing, when applied to more procedural medical practices, such as decision-making regarding CCC. The care-ethical approach views decision-making as part of a dynamic care process, within which the lived experience, interpretative dialogue and promotion of dignity are core features. Embracing this new framework means a paradigm shift in when the therapeutic relationship begins, namely, investing in it occurs while conducting an evaluation for a possible CCC procedure. Unlike in current typical evaluations, early cultivation of the therapeutic relationship enables the patient to participate in the definition of his needs, reduces perceived coercion and negative emotions and enhances treatment motivation. Finally, implications of this novel approach for clinical practice are formulated and discussed. © 2017 Nordic College of Caring Science.

How much does it cost to expand a protected area system? Some critical determining factors and ranges of costs for Queensland.

PubMed

Adams, Vanessa M; Segan, Daniel B; Pressey, Robert L

2011-01-01

Many governments have recently gone on record promising large-scale expansions of protected areas to meet global commitments such as the Convention on Biological Diversity. As systems of protected areas are expanded to be more comprehensive, they are more likely to be implemented if planners have realistic budget estimates so that appropriate funding can be requested. Estimating financial budgets a priori must acknowledge the inherent uncertainties and assumptions associated with key parameters, so planners should recognize these uncertainties by estimating ranges of potential costs. We explore the challenge of budgeting a priori for protected area expansion in the face of uncertainty, specifically considering the future expansion of protected areas in Queensland, Australia. The government has committed to adding ∼12 million ha to the reserve system, bringing the total area protected to 20 million ha by 2020. We used Marxan to estimate the costs of potential reserve designs with data on actual land value, market value, transaction costs, and land tenure. With scenarios, we explored three sources of budget variability: size of biodiversity objectives; subdivision of properties; and legal acquisition routes varying with tenure. Depending on the assumptions made, our budget estimates ranged from $214 million to $2.9 billion. Estimates were most sensitive to assumptions made about legal acquisition routes for leasehold land. Unexpected costs (costs encountered by planners when real-world costs deviate from assumed costs) responded non-linearly to inability to subdivide and percentage purchase of private land. A financially conservative approach--one that safeguards against large cost increases while allowing for potential financial windfalls--would involve less optimistic assumptions about acquisition and subdivision to allow Marxan to avoid expensive properties where possible while meeting conservation objectives. We demonstrate how a rigorous analysis can inform discussions about the expansion of systems of protected areas, including the identification of factors that influence budget variability.

Comparative study of forensic psychiatric system between China and America.

PubMed

Li, Gangqin; Gutheil, Thomas G; Hu, Zeqing

2016-01-01

Laws and regulations about the forensic psychiatric systems in China and America were compared, and suggestions for improving the forensic psychiatric system of China were provided. There are many differences regarding the role of the forensic psychiatrist, the initiation of the assessment and the admission of expert opinion because of elements in the legal systems in China and America. The Chinese system has the advantages of objectivity, cost saving and high efficiency; but it has deficiencies in procedural justice and the admission of expert opinion. China can persist with the current system while taking measures to give more rights to the litigants to participate in their assessment, and while improving the quality and utility of the expert opinion; however, this review article will compare broadly the two systems without addressing human rights issues or procedural justice issues, nor will it presume to address the entirety of Chinese systems. In addition, China is developing its legal system for dealing with the mentally ill defendant in situations involving the criminal justice system and civil commitment. Although China enacted new laws regarding the mandatory treatment for the mentally ill, both in criminal and civil systems, there remain many aspects to be improved, including but not limited to a system of review of the decision to detain a patient on psychiatric grounds, and the need for provisions in the laws preventing indefinite detention. From this viewpoint, America's laws and regulations are instructive for us, in matters such as the method of dealing with the mentally ill defendant who is "incompetent to stand trial", "not guilty only by reason of insanity" or "guilty but mentally ill". The conditional release of the committed mentally ill person and the special programs in the forensic security hospital are all worthy of study by China in order to manage the mentally ill offender and to reduce the recidivism rate. Copyright © 2016 Elsevier Ltd. All rights reserved.

The relevance of the Hippocratic Oath to the ethical and moral values of contemporary medicine. Part I: The Hippocratic Oath from antiquity to modern times.

PubMed

Askitopoulou, Helen; Vgontzas, Antoniοs N

2017-10-27

The present paper discusses the relevance and significance of the Hippocratic Oath to contemporary medical ethical and moral values. It attempts to answer the questions about some controversial issues related to the Oath. The text is divided in two parts. Part I discusses the general attributes and ethical values of the Oath, while Part II presents a detailed analysis of each passage of the Oath with regard to perennial ethical principles and moral values. Part I starts with the contribution of Hippocrates and his School of Cos to medicine. It continues by examining the moral dilemmas concerning physicians and patients in the Classical Times and in the Modern World. It also investigates how the Hippocratic Oath stands nowadays, with regard to the remarkable and often revolutionary advancements in medical practice and the significant evolution in medical ethics. Further, it presents the debate and the criticism about the relevance of the general attributes and ethical values of the Oath to those of modern societies. Finally, it discusses the endurance of the ethical values of the Hippocratic Oath over the centuries until today with respect to the physicians' commitment to the practice of patient-oriented medicine. Part I concludes with the Oath's historic input in the Judgment delivered at the close of the Nuremberg "Doctors' Trial"; this Judgement has become legally binding for the discipline in the Western World and was the basis of the Nuremberg Code. The ethical code of the Oath turned out to be a fundamental part of western law not only on medical ethics but also on patients' rights regarding research.

Pioneer factors govern super-enhancer dynamics in stem cell plasticity and lineage choice

PubMed Central

Adam, Rene C.; Yang, Hanseul; Rockowitz, Shira; Larsen, Samantha B.; Nikolova, Maria; Oristian, Daniel S.; Polak, Lisa; Kadaja, Meelis; Asare, Amma; Zheng, Deyou; Fuchs, Elaine

2015-01-01

Adult stem cells (SCs) reside in niches which balance self-renewal with lineage selection and progression during tissue homeostasis. Following injury, culture or transplantation, SCs outside their niche often display fate flexibility1-4. Here we show that super-enhancers5 underlie the identity, lineage commitment and plasticity of adult SCs in vivo. Using hair follicle (HF) as model, we map the global chromatin domains of HFSCs and their committed progenitors in their native microenvironments. We show that super-enhancers and their dense clusters (‘epicenters’) of transcription factor (TF) binding sites change upon lineage progression. New fate is acquired by decommissioning old and establishing new super-enhancers and/or epicenters, an auto-regulatory process that abates one master regulator subset while enhancing another. We further show that when outside their niche, either in vitro or in wound-repair, HFSCs dynamically remodel super-enhancers in response to changes in their microenvironment. Intriguingly, some key super-enhancers shift epicenters, enabling them to remain active and maintain a transitional state in an ever-changing transcriptional landscape. Finally, we identify SOX9 as a crucial chromatin rheostat of HFSC super-enhancers, and provide functional evidence that super-enhancers are dynamic, dense TF-binding platforms which are acutely sensitive to pioneer master regulators whose levels define not only spatial and temporal features of lineage-status, but also stemness, plasticity in transitional states and differentiation. PMID:25799994

Nuclear obligations: Nuremberg law, nuclear weapons, and protest

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

Burroughs, J.R.

1991-01-01

Nuclear weapons use and deployment and nonviolent anti-nuclear protests are evaluated. Use of nuclear weapons would constitute war crimes and crimes against humanity as defined in both the Nuremberg Charter and Allied Control Council Law No. 10 and applied by the International Military Tribunal and other Nuremberg courts. Strategic and atomic bombing during World War 2 did not set a precedent for use of nuclear weapons. The consequentialist argument for World War 2 bombing fails and the bombing has also been repudiated by codification of the law of war in Protocol 1 to the 1949 Geneva Conventions. The legality ofmore » deploying nuclear weapons as instruments of geopolitical policy is questionable when measured against the Nuremberg proscription of planning and preparation of aggressive war, war crimes, and crimes against humanity and the United Nations Charter's proscription of aggressive threat of force. While states' practice of deploying the weapons and the arms-control treaties that regulate but do not prohibit mere possession provide some support for legality, those treaties recognize the imperative of preventing nuclear war, and the Nuclear Non-Proliferation Treaty commits nuclear-armed states to good-faith negotiation of nuclear disarmament.« less

On Effectiveness and Legitimacy of 'Shaming' as a Strategy for Combatting Climate Change.

PubMed

Taebi, Behnam; Safari, Azar

2017-10-01

While states have agreed to substantial reduction of emissions in the Paris Agreement, the success of the Agreement strongly depends on the cooperation of large Multinational Corporations. Short of legal obligations, we discuss the effectiveness and moral legitimacy of voluntary approaches based on naming and shaming. We argue that effectiveness and legitimacy are closely tied together; as voluntary approaches are the only alternative to legally imposed duties, they are most morally defensible particularly if they would be the most effective in reducing the harmful greenhouse gases. Shaming could be made effective if states could prompt more corporations to accept voluntary cuts with high gains-such as public acknowledgements-and high losses, such as reporting on noncompliance and public exposure (naming), along with some kind of condemnation (shaming). An important challenge of such voluntary approaches is how to ensure compliance with the agreed upon commitments, while avoiding greenwashing or selective disclosure. Certain institutional arrangements are inevitable, including an independent measurement, monitoring and verification mechanism. In this paper, we discuss the potentials and ethical pitfalls of shaming as a strategy when corporations have a direct relationship with consumers, but also when they are in a relationship with governments and other corporations.

Idaho National Laboratory Cultural Resource Management Office FY 2011 Activity Report

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

Julie Braun Williams; Brenda R. Pace; Hollie K. Gilbert

The Idaho National Laboratory (INL) Site is home to vast numbers and a wide variety of important cultural resources representing at least a 13,500 year span of human land use in the region. As a federal agency, the Department of Energy, Idaho Operations Office (DOE-ID) has legal responsibility for the management and protection of the resources and has contracted these responsibilities to Battelle Energy Alliance (BEA). The BEA professional staff is committed to maintaining a cultural resource management program that accepts the challenge of preserving INL cultural resources in a manner reflecting their importance in local, regional, and national history.more » This report is intended as a stand-alone document that summarizes activities performed by the INL Cultural Resource Management Office (CRMO) staff during fiscal year 2011. This work is diverse, far-reaching and though generally confined to INL cultural resource compliance, also includes a myriad of professional and voluntary community activities. This document is intended to be informative to both internal and external stakeholders, serve as a planning tool for future INL cultural resource management work, and meet an agreed upon legal requirement.« less

[Professional responsibility in surgery and informed consent. Reflections of a clinical surgeon.

PubMed

Picardi, Nicola

2012-09-05

The medico-legal conflict especially against the surgical profession is reaching ever higher levels, such as to make consider threatened the choice for surgery of the future generations. Surgery is an Art characterized by enthusiasm and entrepreneurship chosen on the basis of a genuine vocation, but nowadays becomes increasingly prey to indirect interests, with profound negative influence on the serenity of its operators. The current legislation, for civil controversies exposes the surgeons to a presumptive judgment of guilt unless the demonstration with proofs of wrong claims, and even from television screens come daily suggestions and incitements to carry out claims also if related to the last ten years of treatments received, if someone suspects or considers to have been object of "malpractice", and particularly without payment for promoters of the shares for lawyers and medico-legal specialists. We try to analyze the situation as objectively as possible, highlighting the inconsistencies and illusions for the rules alleged to protect both the patient and the surgeon, emphasizing instead the responsibilities of different professional groups, while not denying the need for full commitment of surgeons to operate with prudence, diligence and competence.

Euthanasia: Murder or Not: A Comparative Approach

PubMed Central

BANOVIĆ, Božidar; TURANJANIN, Veljko

2014-01-01

Abstract Background Euthanasia is one of the most intriguing ethical, medical and law issues that marked whole XX century and beginning of the XXI century, sharply dividing scientific and unscientific public to its supporters and opponents. It also appears as one of the points where all three major religions (Catholic, Orthodox, and Islamic) have the same view. They are strongly against legalizing mercy killing, emphasizing the holiness of life as a primary criterion by which the countries should start in their considerations. Studying criminal justice systems in the world, the authors concluded that the issue of deprivation of life from compassion is solved on three ways. On the first place, we have countries where euthanasia is murder like any other murder from the criminal codes. Second, the most numerous are states where euthanasia is murder committed under privilege circumstances. On the third place, in the Western Europe we have countries where euthanasia is a legal medical procedure, under requirements prescribed by the law. In this paper, authors have made a brief comparison of the solutions that exist in some Islamic countries, where euthanasia is a murder, with Western countries, where it represents completely decriminalized medical procedure. PMID:26056652

Consent to medical research of vulnerable subjects from the French point of view: the example of consent in research in the case of Alzheimer disease.

PubMed

Duguet, Anne-Marie; Boyer-Beviere, Bénédicte

2011-12-01

The consent to research is the expression of autonomy. Some groups are vulnerable and cannot give free consent because their conditions limit their decision making or because they are unable to consent themselves (minor, incompetent adults). International standards and recommendations for medical research protect vulnerable subjects (article 17 of the Helsinki declaration, guidelines 9 and 13 of the CIOMS, article 17 of the Oviedo Convention). French Law protects mostly three categories of vulnerable people: minors, adults with a legal representative, and the people living in sanitary and social establishments. Specific protection is given as well to pregnant women, detainees and persons with psychiatric disorders in involuntary commitment. From the example of research with Alzheimer patients the authors show the original provisions of French legislation to involve in medical research incompetent patients with or without legal protection. Clinical research on Alzheimer's disease poses challenges as never before to research ethics. In fact, the development of the disease progressively reduces the patient's ability to make choices: the latter is no longer capable, but is not totally incapacitated. Several solutions are offered for a "proxy" consent or authorisation.

WHO-definition of health must be enforced by national law: a debate

PubMed Central

2013-01-01

Background On its establishment, the World Health Organization (WHO) defined health as a fundamental human right deserving legal protection. Subsequently, the Ottawa Charter reaffirmed health as a fundamental right, and emphasized health promotion as the most appropriate response to global health issues. Here we suggest that the WHO definition of health as more than simply the absence of illness is not normative, and therefore requires standardization. To date such standardization unfortunately is lacking. Discussion National legislatures must actively ensure fair access to health care, both nationally and internationally, and also must reduce social inequality. To achieve this requires practical action, not statements of intentions, commitments or targets. Protecting fundamental rights to health care can be a fruitful focus for legislatures. Legislative action can build an objective legal framework for health care law, and guide its interpretation and application. Additionally, it is important to ensure the law is appropriate, useful and sustainable. Summary Action is needed to protect the fundamental right to health care. Legislators should appropriately incorporate the WHO recommendations regarding this right into national law. Additionally, professional experts should help interpret and codify concepts of health and join the interdisciplinary discussion of a variable health standard. PMID:23782795

[A case study on duty of care in professional nursing].

PubMed

Huang, Hui-Man; Liao, Chi-Chun

2013-08-01

Nurses are expected to discharge their duty of care effectively and professionally to prevent medical negligence. Only three articles have previously focused on medical negligence. Duty of care and medical negligence in nursing are topics that have been neglected in Taiwan. (1) Classify the duty of care of professional nurses; (2) Investigate the facts and disputes in the current case; (3) Clarify the legal issues involved with regard to duty-of-care violations in the current case; (4) Explore the causal relationships in a legal context between nurses' duty-of-care violations and patient harm / injury. Literature analysis and a case study are used to analyze Supreme Court Verdict No.5550 (2010). Duty of care for nursing professionals may be classified into seven broad categories. Each category has its distinct correlatives. In nursing practice, every nursing behavior has a corresponding duty. In this case, the case study nurse did not discharge her obstetric professional duty and failed to inform the doctor in a timely manner. Negligence resulted in prenatal death and the case study nurse was found guilty. In order to prevent committing a crime, nurses should gain a better understanding of their duty of care and adequately discharge these duties in daily practice.

Survey of medico-legal investigation of homicide in the region of Epirus (Northwest Greece).

PubMed

Fragkouli, Kleio; Boumba, Vassiliki; Vougiouklakis, Theodore

2016-01-01

This study analyzed the forensic features of homicides in North-West Greece (Epirus) from 1998 to 2013, a borderland area between Greece and Albania. Although Greece is critically influenced by both the increasing flow of refugees and the current socioeconomic crisis, very little information has been published regarding the patterns of homicide in the country. Fifty-eight autopsied victims (36 males; 22 females) were investigated. The median age was 37 years old. The average annual homicide rate was 0.85 per 100,000 inhabitants and showed remarkable fluctuation, with largest increase during Greek financial downturn. Sixteen victims were not Greek citizens. The most common method of commitment was the use of firearm (40%). The main motives were economical causes (26%) and passion (14%). Four cases were categorized as matricide (7%), 3 as homicide-suicide (5%), 2 as patricide (3%) and 1 as infanticide (2%). Toxicological analysis proved negative for ethanol and other psychotropic substances in the majority of the victims (50%). There is an urgent need for public actions both in Epirus and in Greece, with the application of effective strategies against criminality. Copyright © 2015 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

Intersectorial health-related policies: the use of a legal and theoretical framework to propose a typology to a case study in a Brazilian municipality.

PubMed

Tess, Beatriz Helena; Aith, Fernando Mussa Abujamra

2014-11-01

This article analyzes intersectorial health-related policies (IHRP) based on a case study performed in 2008-2009 that mapped the social policies of the city of Piracicaba, State of Sao Paulo, Brazil. The research strategy comprised quantitative and qualitative methodologies and converging information sources. Legal and theoretical conceptual frameworks were applied to the Piracicaba study results and served as the basis for proposing a typology of IHRP. Three types of IHRP were identified: health policies where the health sector is coordinator but needs non-health sectors to succeed; policies with a sector other than health as coordinator, but which needs health sector collaboration to succeed; and thirdly, genuine intersectorial policies, not led by any one sector but by a specifically-appointed intersectorial coordinator. The authors contend that political commitment of local authorities alone may not be enough to promote efficient intersectorial social policies. Comprehension of different types of IHRP and their interface mechanisms may contribute to greater efficiency and coverage of social policies that affect health equity and its social determinants positively. In the final analysis,, this will lead to more equitable health outcomes.

[Suicide and malpractice].

PubMed

Catanesi, Roberto; Carabellese, Felice

2011-01-01

Some recent statements on the subject of psychiatrists' responsibility for suicide committed by patients have provoked lively discussions about the welfare duties of public psychiatric services, causing a widespread climate of alarm among medical institutions. The discussion is primarily about the extent of the psychiatrist's "posizione della garanzia", in particular the duty of protection and surveillance in relation to the risk of self-destructive behavior, referring to convictions not only in TSO cases but also in cases of voluntary hospitalization and valid consensus on treatment. The subject of suicide inevitably reminds us of the predictability of self-destructive behavior and, above all, of its prevention. The authors compare data from scientific literature on this subject - the organizational model of territorial psychiatry - with the principles ordered by the convictions, in particular the request for "ulterior and more rigorous protective rules", thus highlighting their complicated synthesis. In the authors' opinion, a possible literal interpretation of the legal indications would risk a profound change in the quality of the relationship between psychiatrist and patient. The authors, striving to adopt the psychiatrists' point of view, want to finally provide some operational advice with the objective to delimit good practice according to a medico-legal view.

Adolescents and the right to health: eliminating age-related barriers to HIV/AIDS services in Rwanda.

PubMed

Binagwaho, Agnes; Fuller, Arlan; Kerry, Vanessa; Dougherty, Sarah; Agbonyitor, Mawuena; Wagner, Claire; Nzayizera, Rodrigue; Farmer, Paul

2012-01-01

Under international, regional, and domestic law, adolescents are entitled to measures ensuring the highest attainable standard of health. For HIV/AIDS, this is essential as adolescents lack many social and economic protections and are disproportionately vulnerable to the effects of the disease. In many countries, legal protections do not always ensure access to health care for adolescents, including for HIV/AIDS prevention, treatment, and care. Using Rwanda as an example, this article identifies gaps, policy barriers, and inconsistencies in legal protection that can create age-related barriers to HIV/AIDS services and care. One of the most pressing challenges is defining an age of majority for access to prevention measures, such as condoms, testing and treatment, and social support. Occasionally drawing on examples of existing and proposed laws in other African countries, Rwanda and other countries may strengthen their commitment to adolescents' rights and eliminate barriers to prevention, family planning, testing and disclosure, treatment, and support. Among the improvements, Rwanda and other countries must align its age of consent with the actual behavior of adolescents and ensure privacy to adolescents regarding family planning, HIV testing, disclosure, care, and treatment.

A comparative multi-disciplinary policy review in wind energy developments in Europe

NASA Astrophysics Data System (ADS)

Mytilinou, V.; Kolios, A. J.; Di Lorenzo, G.

2017-09-01

Over recent decades, European Union countries have committed to increasing their electricity production from renewable energy sources (RESs). Wind energy plays a significant role in a sustainable future. This paper presents a political, economic, social, technological, legal and environmental analysis. Although these countries have made many improvements in their legal frameworks aiming to attract investors and boost the RE sector, there are still challenges. The UK focuses on offshore wind energy, adjusts the economic strategy and changes the legislation context. Germany has the healthiest economic conditions, as it keeps following its initiative to design a new programme for an energy transition from conventional to RESs with emphasis on the onshore. Greece has only a few installations and much room for development but needs to make further changes in the legislation and economy so as to attract more investors in the long term. The purpose of this research is to analyse, highlight and discuss vital aspects of these countries as well as the European environment, with reference to their current wind energy activities. Ultimately, it attempts to give a wider perspective and to serve as a guide for future studies on the wind energy sector.

Drinking Water Quality Guidelines across Canadian Provinces and Territories: Jurisdictional Variation in the Context of Decentralized Water Governance

PubMed Central

Dunn, Gemma; Bakker, Karen; Harris, Leila

2014-01-01

This article presents the first comprehensive review and analysis of the uptake of the Canadian Drinking Water Quality Guidelines (CDWQG) across Canada’s 13 provinces and territories. This review is significant given that Canada’s approach to drinking water governance is: (i) highly decentralized and (ii) discretionary. Canada is (along with Australia) only one of two Organization for Economic Cooperation and Development (OECD) member states that does not comply with the World Health Organization’s (WHO) recommendation that all countries have national, legally binding drinking water quality standards. Our review identifies key differences in the regulatory approaches to drinking water quality across Canada’s 13 jurisdictions. Only 16 of the 94 CDWQG are consistently applied across all 13 jurisdictions; five jurisdictions use voluntary guidelines, whereas eight use mandatory standards. The analysis explores three questions of central importance for water managers and public health officials: (i) should standards be uniform or variable; (ii) should compliance be voluntary or legally binding; and (iii) should regulation and oversight be harmonized or delegated? We conclude with recommendations for further research, with particular reference to the relevance of our findings given the high degree of variability in drinking water management and oversight capacity between urban and rural areas in Canada. PMID:24776725

Drinking Water Quality Guidelines across Canadian provinces and territories: jurisdictional variation in the context of decentralized water governance.

PubMed

Dunn, Gemma; Bakker, Karen; Harris, Leila

2014-04-25

This article presents the first comprehensive review and analysis of the uptake of the Canadian Drinking Water Quality Guidelines (CDWQG) across Canada's 13 provinces and territories. This review is significant given that Canada's approach to drinking water governance is: (i) highly decentralized and (ii) discretionary. Canada is (along with Australia) only one of two Organization for Economic Cooperation and Development (OECD) member states that does not comply with the World Health Organization's (WHO) recommendation that all countries have national, legally binding drinking water quality standards. Our review identifies key differences in the regulatory approaches to drinking water quality across Canada's 13 jurisdictions. Only 16 of the 94 CDWQG are consistently applied across all 13 jurisdictions; five jurisdictions use voluntary guidelines, whereas eight use mandatory standards. The analysis explores three questions of central importance for water managers and public health officials: (i) should standards be uniform or variable; (ii) should compliance be voluntary or legally binding; and (iii) should regulation and oversight be harmonized or delegated? We conclude with recommendations for further research, with particular reference to the relevance of our findings given the high degree of variability in drinking water management and oversight capacity between urban and rural areas in Canada.

The crystal structure of choline kinase reveals a eukaryotic protein kinase fold

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

Peisach, D.; Gee, P.; Kent, K.

2010-03-08

Choline kinase catalyzes the ATP-dependent phosphorylation of choline, the first committed step in the CDP-choline pathway for the biosynthesis of phosphatidylcholine. The 2.0 {angstrom} crystal structure of a choline kinase from C. elegans (CKA-2) reveals that the enzyme is a homodimeric protein with each monomer organized into a two-domain fold. The structure is remarkably similar to those of protein kinases and aminoglycoside phosphotransferases, despite no significant similarity in amino acid sequence. Comparisons to the structures of other kinases suggest that ATP binds to CKA-2 in a pocket formed by highly conserved and catalytically important residues. In addition, a choline bindingmore » site is proposed to be near the ATP binding pocket and formed by several structurally flexible loops.« less

The issue of surrogacy in Czech law.

PubMed

Lojková, Jana

2012-03-01

Surrogacy is thought to be one of the most controversial methods of assisted reproduction. It involves cases where a commissioning couple asks a surrogate mother to give birth to a child that will be conceived from their egg and sperm because the woman from the commissioning couple is not able to bear the child to full term herself. They conclude an agreement where the surrogate mother binds herself to terminate all her parental rights to the child immediately after the child's birth and to delegate them together with the child to the commissioning couple. Ethical dilemmas concerning the issue of surrogacy together with all the possibilities of today's globalised world that enable infertile couples to find surrogate mothers abroad in case the legal regulations of their country put a ban on it create a space for a legislator to try to find a solution that will avoid all the risks and highlight a number of positives on the other hand. A Czech legislator is currently trying to find this solution and even though there are few children demonstrably born to surrogate mothers in the Czech Republic, the whole process of surrogacy still proceeds in a legal vacuum at the moment. We can only find the legal definition of a mother of a child as a woman that gives him or her birth and a provision of law that makes all the legal acts that evade the law void. Some practical consequences of this situation will be described in the text together with possibilities and the inspiration that comes from foreign legal regulations and cases.

Legal and ethical consequences of international biobanking from a national perspective: the German BMB-EUCoop project

PubMed Central

Goebel, Jürgen W; Pickardt, Thomas; Bedau, Maren; Fuchs, Michael; Lenk, Christian; Paster, Inga; Spranger, Tarde M; Stockter, Ulrich; Bauer, Ulrike; Cooper, David N; Krawczak, Michael

2010-01-01

The international transfer of human biomaterial and data has become a prerequisite for collaborative biomedical research to be successful. However, although a national legal framework for ‘biobanking' has already been formulated in many countries, little is known about how an international exchange of data and samples might affect the legal position of national biobanks and their donors. The German Telematics Platform and the Competence Network ‘Congenital Heart Defects' jointly instigated a project (BMB-EUCoop) to (i) identify and assess the legal risks ensuing for biobanks and their donors in the context of Europe-wide research collaborations, (ii) devise practical recommendations to minimize or avoid these risks, and (iii) provide generic informational text, contracts and agreements to facilitate their practical implementation. Four different countries were included in the study; namely, the UK, Netherlands, Austria and Switzerland. The results of the study indicate that the degree of similarity between legal systems in different countries varies according to the respective field of jurisdiction. Although personality and property rights have long been enshrined in virtually identical pieces of law, the applicable medical professional regulations were found to be somewhat heterogeneous. Furthermore, clear-cut differences were often found to be lacking between regulations that reflect either ‘soft law' or the nationally binding ‘hard law' that has emerged from it. In view of the potential ambiguities, the experts uniformly concluded that the rights and interests of national (in this case, German) biobanks and their donors would be best protected by explicitly addressing any uncertainties in formal contractual agreements. PMID:19953124

DNA binding by the ribosomal DNA transcription factor rrn3 is essential for ribosomal DNA transcription.

PubMed

Stepanchick, Ann; Zhi, Huijun; Cavanaugh, Alice H; Rothblum, Katrina; Schneider, David A; Rothblum, Lawrence I

2013-03-29

The human homologue of yeast Rrn3 is an RNA polymerase I-associated transcription factor that is essential for ribosomal DNA (rDNA) transcription. The generally accepted model is that Rrn3 functions as a bridge between RNA polymerase I and the transcription factors bound to the committed template. In this model Rrn3 would mediate an interaction between the mammalian Rrn3-polymerase I complex and SL1, the rDNA transcription factor that binds to the core promoter element of the rDNA. In the course of studying the role of Rrn3 in recruitment, we found that Rrn3 was in fact a DNA-binding protein. Analysis of the sequence of Rrn3 identified a domain with sequence similarity to the DNA binding domain of heat shock transcription factor 2. Randomization, or deletion, of the amino acids in this region in Rrn3, amino acids 382-400, abrogated its ability to bind DNA, indicating that this domain was an important contributor to DNA binding by Rrn3. Control experiments demonstrated that these mutant Rrn3 constructs were capable of interacting with both rpa43 and SL1, two other activities demonstrated to be essential for Rrn3 function. However, neither of these Rrn3 mutants was capable of functioning in transcription in vitro. Moreover, although wild-type human Rrn3 complemented a yeast rrn3-ts mutant, the DNA-binding site mutant did not. These results demonstrate that DNA binding by Rrn3 is essential for transcription by RNA polymerase I.

DNA Binding by the Ribosomal DNA Transcription Factor Rrn3 Is Essential for Ribosomal DNA Transcription*

PubMed Central

Stepanchick, Ann; Zhi, Huijun; Cavanaugh, Alice H.; Rothblum, Katrina; Schneider, David A.; Rothblum, Lawrence I.

2013-01-01

The human homologue of yeast Rrn3 is an RNA polymerase I-associated transcription factor that is essential for ribosomal DNA (rDNA) transcription. The generally accepted model is that Rrn3 functions as a bridge between RNA polymerase I and the transcription factors bound to the committed template. In this model Rrn3 would mediate an interaction between the mammalian Rrn3-polymerase I complex and SL1, the rDNA transcription factor that binds to the core promoter element of the rDNA. In the course of studying the role of Rrn3 in recruitment, we found that Rrn3 was in fact a DNA-binding protein. Analysis of the sequence of Rrn3 identified a domain with sequence similarity to the DNA binding domain of heat shock transcription factor 2. Randomization, or deletion, of the amino acids in this region in Rrn3, amino acids 382–400, abrogated its ability to bind DNA, indicating that this domain was an important contributor to DNA binding by Rrn3. Control experiments demonstrated that these mutant Rrn3 constructs were capable of interacting with both rpa43 and SL1, two other activities demonstrated to be essential for Rrn3 function. However, neither of these Rrn3 mutants was capable of functioning in transcription in vitro. Moreover, although wild-type human Rrn3 complemented a yeast rrn3-ts mutant, the DNA-binding site mutant did not. These results demonstrate that DNA binding by Rrn3 is essential for transcription by RNA polymerase I. PMID:23393135

FAA's Implementation of the Commercial Space Launch Amendments Act of 2004- The Experimental Permit

NASA Astrophysics Data System (ADS)

Repcheck, J. Randall

2005-12-01

A number of entrepreneurs are committed to the goal of developing and operating reusable launch vehicles for private human space travel. In order to promote this emerging industry, and to create a clear legal, regulatory, and safety regime, the United States (U.S.) Congress passed the Commercial Space Launch Amendments Act of 2004 (CSLAA). Signed on December 23, 2004 by U.S. President George W. Bush, the CSLAA makes the Federal Aviation Administration (FAA) responsible for regulating human spaceflight. The CSLAA, among other things, establishes an experimental permit regime for developmental reusable suborbital rockets. This paper describes the FAA's approach in developing guidelines for obtaining and maintaining an experimental permit, and describes the core safety elements of those guidelines.

The Nuremberg Code and the Nuremberg Trial. A reappraisal.

PubMed

Katz, J

1996-11-27

The Nuremberg Code includes 10 principles to guide physician-investigators in experiments involving human subjects. These principles, particularly the first principle on "voluntary consent," primarily were based on legal concepts because medical codes of ethics existent at the time of the Nazi atrocities did not address consent and other safeguards for human subjects. The US judges who presided over the proceedings did not intend the Code to apply only to the case before them, to be a response to the atrocities committed by the Nazi physicians, or to be inapplicable to research as it is customarily carried on in medical institutions. Instead, a careful reading of the judgment suggests that they wrote the Code for the practice of human experimentation whenever it is being conducted.

Consultation and referral between physicians in new medical practice environments.

PubMed

Schaffer, W A; Holloman, F C

1985-10-01

The traditional exchange of medical expertise between physicians for patient benefit has been accomplished by referral. Physicians have traditionally decided when and to whom to refer patients. Health care "systems" now dominate medical practice, and their formats can alter spontaneous collegial interaction in referral. Institutional programs now pursue patient referrals as part of a marketing strategy to attract new patients who then become attached to the institution, rather than to a physician. Referral behavior can affect a physician's personal income in prepaid insurance programs where referrals are discouraged. The referring physician may bear legal liability for actions of the consultant. New practice arrangements and affiliations may place physicians in financial conflict-of-interest situations, challenge ethical commitments, and add new moral responsibility.

[The reform of Spanish abortion law].

PubMed

Requero Ibáñez, José Luís

2009-01-01

The article focuses on the different factors and circumstances that have led to the reform of Spanish Abortion Law (1985). Judicial investigations of several abortion clinics have demonstrated that up until today there has been a widespread tendency of the clinics to practice beyond the limits established by the law. Nonetheless, the reaction of the government has not been to protect the life of the unborn. Its reaction has been, however, to cover the irregularities committed by the abortionists through the legalization of their abusive practices. Besides, the reform of the law has been inspired by elements of radical feminism. The author points out the major reasons that make this reform unconstitutional and offers alternative solutions for the protection of the mother and the unborn child.

The Structural Basis for Allosteric Inhibition of a Threonine-sensitive Aspartokinase*

PubMed Central

Liu, Xuying; Pavlovsky, Alexander G.; Viola, Ronald E.

2008-01-01

The commitment step to the aspartate pathway of amino acid biosynthesis is the phosphorylation of aspartic acid catalyzed by aspartokinase (AK). Most microorganisms and plants have multiple forms of this enzyme, and many of these isofunctional enzymes are subject to feedback regulation by the end products of the pathway. However, the archeal species Methanococcus jannaschii has only a single, monofunctional form of AK. The substrate l-aspartate binds to this recombinant enzyme in two different orientations, providing the first structural evidence supporting the relaxed regiospecificity previously observed with several alternative substrates of Escherichia coli AK (Angeles, T. S., Hunsley, J. R., and Viola, R. E. (1992) Biochemistry31 ,799 -8051731937). Binding of the nucleotide substrate triggers significant domain movements that result in a more compact quaternary structure. In contrast, the highly cooperative binding of the allosteric regulator l-threonine to multiple sites on this dimer of dimers leads to an open enzyme structure. A comparison of these structures supports a mechanism for allosteric regulation in which the domain movements induced by threonine binding causes displacement of the substrates from the enzyme, resulting in a relaxed, inactive conformation. PMID:18334478

Legal outcomes of all suspected neonaticides in Finland 1980-2000.

PubMed

Putkonen, Hanna; Collander, Jutta; Weizmann-Henelius, Ghitta; Eronen, Markku

2007-01-01

This nationwide study examined legal outcomes and possible psychiatric diagnoses of suspected cases of neonaticide. Neonaticide is commonly defined as the killing of a newborn on the day of its birth, and is considered to have not only a low prevalence but also a high level of concealed criminality. This hidden nature guided us to find out what the final legal outcomes of suspected neonaticide were. It was a comprehensive, retrospective, register-based study of all 44 cases of suspected neonaticide that occurred 1980-2000 as recorded by Statistics Finland. The 44 cases were ascribed to 40 suspects, three of whom died themselves during the offence. Twelve cases (27%) were eventually prosecuted and the accused convicted of neonaticide. Their mean sentence was 617 days (SD 216, range 300-1095 days). Fourteen offenders (35% of offenders) underwent a forensic psychiatric examination, out of which four (29%) were diagnosed with a psychotic disorder and 10 (71%) with a personality disorder. Six of the 14 women were not sentenced as criminally irresponsible and three of them were committed to involuntary hospital care. Nine cases (20% of cases) were still unsolved, and in eight (18%) cases the offence title had changed into something other than neonaticide. We concluded that since only 41% of suspected neonaticides completed the court process as neonaticides, the previous results from studies on neonaticide may present a subgroup of offenders, not the whole picture. Therefore, further discussion and research is needed to elucidate this perplexing, sad, and utterly redundant offence in modern society, to prevent it, and develop treatment programs for the offenders.

[Sexual violence in Congo-Kinshasa: necessity of decriminalizing abortion].

PubMed

Kalonda, J C Omba

2012-01-01

The sexual violence's committed in the Democratic Republic of Congo (DRC) are from their scales and consequences on women, real public health, politico-legal, and socio-economical challenges. More than a million of women have been victims of sexual violence on a period of less than fifteen years. Systematic rapes of women were used as war weapon by different groups involved in the Congolese war. Sexual violence against women has impacted public health by spreading sexually transmissible diseases including HIV/AIDS, causing unwanted pregnancies, leading to the gynaecological complications of rape-related injuries, and inflicting psychological trauma on the victims. Despite high level of unwanted pregnancies observed, the Congolese law is very restrictive and interdict induced abortion. This paper presents three arguments which plead in favour of legalizing abortion in DRC: 1) a restrictive law on abortion forces women to use unsafe abortion and increase incidence of injuries and maternal mortality ; 2) DRC has ratified the universal Declaration of human rights, the African union charter, and has than to promote equality between sexes, in this is included women reproductive rights; 3) an unwanted birth is an additional financial charge for a woman, a factor increasing poverty and psychologically unacceptable in case of rape. From the politico-legal point of view, ending rape impunity and decriminalizing abortion are recommended. Decriminalizing abortion give women choice and save victims and pregnant women from risks related to the pregnancy, a childbirth, or an eventual unsafe abortion. These risks increase the maternal mortality already high in DRC (between 950 and 3000 for 100000 live births).

Refinement of boards' role required.

PubMed

Umbdenstock, R J

1987-01-01

The governing board's role in health care is not changing, but new competitive forces necessitate a refinement of the board's approach to fulfilling its role. In a free-standing, community, not-for-profit hospital, the board functions as though it were the "owner." Although it does not truly own the facility in the legal sense, the board does have legal, fiduciary, and financial responsibilities conferred on it by the state. In a religious-sponsored facility, the board fulfills these same obligations on behalf of the sponsoring institute, subject to the institute's reserved powers. In multi-institutional systems, the hospital board's power and authority depend on the role granted it by the system. Boards in all types of facilities are currently faced with the following challenges: Fulfilling their basic responsibilities, such as legal requirements, financial duties, and obligations for the quality of care. Encouraging management and the board itself to "think strategically" in attacking new competitive market forces while protecting the organization's traditional mission and values. Assessing recommended strategies in light of consequences if constituencies think the organization is abandoning its commitments. Boards can take several steps to match their mode of operation with the challenges of the new environment. Boards must rededicate themselves to the hospital's mission. Trustees must expand their understanding of health care trends and issues and their effect on the organization. Boards must evaluate and help strengthen management's performance, rather than acting as a "watchdog" in an adversarial position. Boards must think strategically, rather than focusing solely on operational details. Boards must evaluate the methods they use for conducting business.

Custom, contract, and kidney exchange.

PubMed

Healy, Kieran; Krawiec, Kimberly D

2012-01-01

In this Essay, we examine a case in which the organizational and logistical demands of a novel form of organ exchange (the nonsimultaneous, extended, altruistic donor (NEAD) chain) do not map cleanly onto standard cultural schemas for either market or gift exchange, resulting in sociological ambiguity and legal uncertainty. In some ways, a NEAD chain resembles a form of generalized exchange, an ancient and widespread instance of the norm of reciprocity that can be thought of simply as the obligation to “pay it forward” rather than the obligation to reciprocate directly with the original giver. At the same time, a NEAD chain resembles a string of promises and commitments to deliver something in exchange for some valuable consideration--that is, a series of contracts. Neither of these salient "social imaginaries" of exchange--gift giving or formal contract--perfectly meets the practical demands of the NEAD system. As a result, neither contract nor generalized exchange drives the practice of NEAD chains. Rather, the majority of actual exchanges still resemble a simpler form of exchange: direct, simultaneous exchange between parties with no time delay or opportunity to back out. If NEAD chains are to reach their full promise for large-scale, nonsimultaneous organ transfer, legal uncertainties and sociological ambiguities must be finessed, both in the practices of the coordinating agencies and in the minds of NEAD-chain participants. This might happen either through the further elaboration of gift-like language and practices, or through a creative use of the cultural form and motivational vocabulary, but not necessarily the legal and institutional machinery, of contract.

Expressing the sense of the House of Representatives that the Justices of the United States Supreme Court should make themselves subject to the existing and operative ethics guidelines set out in the Code of Conduct for United States Judges, most of which are already legally binding on them.

THOMAS, 113th Congress

Rep. Norton, Eleanor Holmes [D-DC-At Large

2013-10-10

House - 01/09/2014 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

Treaty to Curb Mercury Pollution Adopted

NASA Astrophysics Data System (ADS)

Showstack, Randy

2013-10-01

The international Minamata Convention on Mercury to protect human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds was formally adopted at a 10 October meeting in Minamata, Japan. The legally binding treaty, currently signed by 92 countries, comes 57 years after the government of Japan officially acknowledged, in 1956, the existence of Minamata disease, which was caused by eating seafood contaminated with methylmercury compounds discharged into Minamata Bay in southern Japan.

[Human values and respect of human rights in oppressive conditions].

PubMed

Bomba, J

1993-01-01

Human rights, an issue of political debates in the last decades, listed in the United Nations Declaration of 1946 are rooted in the humanistic tradition of philosophy and religion. The UN declared their universal character and made state organizations responsible for their observation. Among all human rights that for freedom is usually perceived as crucial. Psychiatry developed in Europe primarily a caring function. The medical model developed in psychiatry through the 19th c. supplied the criteria for medical diagnosis of mental disturbance, and elaborated a system of treatment which included long term hospitalization. Medicalization of psychiatry (recently coming back) is a force which gives courage to those who suffer, to their families, and to professionals as well. This power however, can be easily abused, when a psychiatrist adopts a position of someone who knows better that which is good for his/her patient. Legal regulations of the circumstances of psychiatric treatment, especially treatment against the patient's will should prevent the abuse of the mentally disturbed person's right for freedom. The goal is usually achieved by clear description of clinical and other conditions under which a person can be committed, and by establishing the committed person's right to claim the decision to be unjust. Poland is a country without legal regulation in the area of mental health (there are only administrative acts). For more than sixty years several projects on mental health law have been worked on. The last one which came to the Sejm (parliament) in 1980 was withdrawn by the "Solidarity" Trade Union. At present, the membership of Poland in international organizations makes an introduction of mental health law an obligation. Having no legal regulation, Polish psychiatry has been a self-regulating system. It is worth to note that even in the hard Stalinist period (1947-1956) there was no abuse of psychiatry for political reasons. The main reason for Polish psychiatry staying free from political abuse is seen in the role of internalized norm of human dignity. But others should also be taken into account. It was a specificity of the political situation that the ruling powers did not insist that psychiatrists cooperate. On the other hand the integration of the Polish psychiatric community was helpful in observing the rule of non-collaboration. One of the most important factors is seen as the experience and memory of NAZI crimes in the field of psychiatry in Poland. Extermination of psychiatric patients had to leave the feeling of the importance of psychiatrist's own responsibility.(ABSTRACT TRUNCATED AT 400 WORDS)

FDA has the legal authority to adopt a threshold of toxicological concern (TTC) for substances in food at trace levels.

PubMed

Hahn, Martin J

2010-01-01

It now is possible to detect many substances in the parts per trillion and further advances will allow for even lower levels of detection. Many of these substances may always have been present in the food supply, but escaped detection. Others may have been introduced through environmental contamination, changes in food processing, sourcing of ingredients from different manufacturers or countries, and a myriad of other reasons. The adulteration and various safety provisions of the Federal Food, Drug, and Cosmetic Act (FDCA), principles of statutory construction, and case law, provide FDA with the legal authority to adopt the threshold concept. FDA and the courts have long recognized it is possible to establish safe levels of poisonous or deleterious substances found in foods. FDA routinely conducts such an analysis under the general adulteration provisions of the FDCA and has identified safe levels for numerous environmental contaminants found in food. The courts have recognized that through its exercise of enforcement discretion, FDA has the legal authority to establish non-binding defect action levels for contaminants. FDA similarly could implement the Threshold of Toxicological Concern (TTC) through its exercise of enforcement discretion.

GUN4-Porphyrin Complexes Bind the ChlH/GUN5 Subunit of Mg-Chelatase and Promote Chlorophyll Biosynthesis in Arabidopsis[W

PubMed Central

Adhikari, Neil D.; Froehlich, John E.; Strand, Deserah D.; Buck, Stephanie M.; Kramer, David M.; Larkin, Robert M.

2011-01-01

The GENOMES UNCOUPLED4 (GUN4) protein stimulates chlorophyll biosynthesis by activating Mg-chelatase, the enzyme that commits protoporphyrin IX to chlorophyll biosynthesis. This stimulation depends on GUN4 binding the ChlH subunit of Mg-chelatase and the porphyrin substrate and product of Mg-chelatase. After binding porphyrins, GUN4 associates more stably with chloroplast membranes and was proposed to promote interactions between ChlH and chloroplast membranes—the site of Mg-chelatase activity. GUN4 was also proposed to attenuate the production of reactive oxygen species (ROS) by binding and shielding light-exposed porphyrins from collisions with O2. To test these proposals, we first engineered Arabidopsis thaliana plants that express only porphyrin binding–deficient forms of GUN4. Using these transgenic plants and particular mutants, we found that the porphyrin binding activity of GUN4 and Mg-chelatase contribute to the accumulation of chlorophyll, GUN4, and Mg-chelatase subunits. Also, we found that the porphyrin binding activity of GUN4 and Mg-chelatase affect the associations of GUN4 and ChlH with chloroplast membranes and have various effects on the expression of ROS-inducible genes. Based on our findings, we conclude that ChlH and GUN4 use distinct mechanisms to associate with chloroplast membranes and that mutant alleles of GUN4 and Mg-chelatase genes cause sensitivity to intense light by a mechanism that is potentially complex. PMID:21467578

Prevalence of childhood sexual abuse among Mexican adolescents.

PubMed

Pineda-Lucatero, A G; Trujillo-Hernández, B; Millán-Guerrero, R O; Vásquez, C

2009-03-01

To determine the characteristics and prevalence of previous child sexual abuse among a group of Mexican junior high school students. A total of 1067 adolescents of both genders were selected to fill out a survey about child sexual abuse. The prevalence of child sexual abuse was 18.7% (n = 200). It was more frequent in girls (58%) than in boys (42%). Sexual abuse involved physical contact in 75% of those cases reporting abuse. The aggressors were neighbours (50.3%), relatives (36.8%) and strangers (13.9%). Abuse was committed through deception in 90% of the cases and involved physical mistreatment in 10% of the cases. Of the victims, 14.4% had spoken about the problem and 3.7% had taken legal action. And 9.6% of those surveyed stated that they required psychological counselling. In the population studied, the prevalency of child sexual abuse was greater than that reported in Mexico City (4.3-8.4%), although it was similar to that found in the Spanish child population (15-23%). The risk of sexual abuse is greater for girls and the principal aggressors are male neighbours, family friends and relatives; the abuse is committed in the home of the aggressor or the victim and very few cases are reported to the authorities.

["Are measures infinite or do they have an expiry date?" - interlocution and challenges between Law and Psychology in the juridical context].

PubMed

Silva, Erica Quinaglia; Brandi, Caroline Quinaglia Araújo Costa Silva

2014-09-01

The Psychosocial Section of the Criminal Executions Court of the Federal District Court of Justice assists people who are under civil commitment, namely a legal sentence that labels them as sick people and criminals. In the juridical context, there are two options facing them: outpatient treatment or internment in a secure hospital facility and psychiatric treatment. In these options, requirements, such as tests to verify the cessation of danger, duration of imprisonment and existence of a relative who can shelter them, are examined to permit a favorable judicial decision of conditional release leading to removal from the sphere of justice. This is a third possible path. Through the analysis of an emblematic case, this article seeks to examine the sentence imposed on these people. The intention is, therefore, to give voice to the unimputable and/or the semi-imputable, people who are considered wholly or partially unable to respond to the illicit nature of the act they have committed, according to the Brazilian Criminal Code. The interlocution and the challenges between law and psychology in the juridical context emerge as a possibility by them of building another discourse, a line of thought that seeks the acquisition of autonomy and responsibility.

Applying human rights to improve access to reproductive health services.

PubMed

Shaw, Dorothy; Cook, Rebecca J

2012-10-01

Universal access to reproductive health is a target of Millennium Development Goal (MDG) 5B, and along with MDG 5A to reduce maternal mortality by three-quarters, progress is currently too slow for most countries to achieve these targets by 2015. Critical to success are increased and sustainable numbers of skilled healthcare workers and financing of essential medicines by governments, who have made political commitments in United Nations forums to renew their efforts to reduce maternal mortality. National essential medicine lists are not reflective of medicines available free or at cost in facilities or in the community. The WHO Essential Medicines List indicates medicines required for maternal and newborn health including the full range of contraceptives and emergency contraception, but there is no consistent monitoring of implementation of national lists through procurement and supply even for basic essential drugs. Health advocates are using human rights mechanisms to ensure governments honor their legal commitments to ensure access to services essential for reproductive health. Maternal mortality is recognized as a human rights violation by the United Nations and constitutional and human rights are being used, and could be used more effectively, to improve maternity services and to ensure access to drugs essential for reproductive health. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

Enablers of and barriers to abortion training.

PubMed

Guiahi, Maryam; Lim, Sahnah; Westover, Corey; Gold, Marji; Westhoff, Carolyn L

2013-06-01

Since the legalization of abortion services in the United States, provision of abortions has remained a controversial issue of high political interest. Routine abortion training is not offered at all obstetrics and gynecology (Ob-Gyn) training programs, despite a specific training requirement by the Accreditation Council for Graduate Medical Education. Previous studies that described Ob-Gyn programs with routine abortion training either examined associations by using national surveys of program directors or described the experience of a single program. We set out to identify enablers of and barriers to Ob-Gyn abortion training in the context of a New York City political initiative, in order to better understand how to improve abortion training at other sites. We conducted in-depth qualitative interviews with 22 stakeholders from 7 New York City public hospitals and focus group interviews with 62 current residents at 6 sites. Enablers of abortion training included program location, high-capacity services, faculty commitment to abortion training, external programmatic support, and resident interest. Barriers to abortion training included lack of leadership continuity, leadership conflict, lack of second-trimester abortion services, difficulty obtaining mifepristone, optional rather than routine training, and antiabortion values of hospital personnel. Supportive leadership, faculty commitment, and external programmatic support appear to be key elements for establishing routine abortion training at Ob-Gyn residency training programs.

Clinical decision making in response to performance validity test failure in a psychiatric setting.

PubMed

Marcopulos, Bernice A; Caillouet, Beth A; Bailey, Christopher M; Tussey, Chriscelyn; Kent, Julie-Ann; Frederick, Richard

2014-01-01

This study examined the clinical utility of a performance validity test (PVT) for screening consecutive referrals (N = 436) to a neuropsychology service at a state psychiatric hospital treating both civilly committed and forensic patients. We created a contingency table with Test of Memory Malingering (TOMM) pass/fail (355/81) and secondary gain present/absent (181/255) to examine pass rates associated with patient demographic, clinical and forensic status characteristics. Of the 81 failed PVTs, 48 had secondary gain defined as active criminal legal charges; 33 failed PVTs with no secondary gain. These individuals tended to be older, female, Caucasian, and civilly committed compared with the group with secondary gain who failed. From estimations of TOMM False Positive Rate and True Positive Rate we estimated base rates of neurocognitive malingering for our clinical population using the Test Validation Summary (TVS; Frederick & Bowden, 2009 ). Although PVT failure is clearly more common in a group with secondary gain (31%), there were a number of false positives (11%). Clinical ratings of patients without gain who failed suggested cognitive deficits, behavioral issues, and inattention. Low scores on PVTs in the absence of secondary gain provide useful information on test engagement and can inform clinical decisions about testing.

Welfare, temperance and compulsory commitment to care for persons with substance misuse problems: a comparative study of 38 European countries.

PubMed

Israelsson, Magnus

2011-01-01

The study explores the existence and types of law on compulsory commitment to care (CCC) of adult substance misusers in Europe and how such laws are related to variations in demographics, alcohol consumption and epidemiology in misuse of opiates, cocaine, amphetamines, temperance culture heritage, health and welfare expenditure, and involvement and role of the state in welfare distribution. Legal information on laws on CCC of misusers was obtained primarily through a survey of 38 European countries. Predictors of laws on CCC, and types of such, were analyzed from country descriptors in multivariate models. A majority (74%) of the explored countries have a law concerning CCC. The most common type of CCC law is within criminal justice legislation (45%), but civil CCC is almost as frequent (37%). These two models of CCC legislation are related to differences in cultural heritage and welfare distribution models. Temperance cultures, i.e. countries with a history of a strong temperance movement, and countries with a Beveridgean distribution of welfare, i.e. through the state, tend to favor civil CCC, while countries with a Bismarckian distribution of welfare, i.e. through insurance with less state interference, tend to favor CCC within criminal justice legislation. Copyright © 2011 S. Karger AG, Basel.

[German neurology and neurologists during the Third Reich: the aftermath].

PubMed

Martin, M; Fangerau, H; Karenberg, A

2016-08-01

The article discusses the consequences for neurology as a discipline which resulted from neurologists' participation in the crimes committed under National Socialism (NS). Chronologically, the current literature distinguishes mainly four overlapping stages: (1) a first phase was characterized by legal persecution and "denazification", which was also the time of the Nuremberg doctors' trial in which no neurologists were on trial. A detailed documentation of the trial for the German medical profession was published by Alexander Mitscherlich. (2) In the subsequent practice of wide amnestying and reintegration of former Nazi followers during the 1950s, neurologists were no exception as its elite continued in their positions. The year 1953 was the year of the Lisbon scandal, when chiefly Dutch representatives protested against the participation of Julius Hallervorden in the International Congress of Neurology. The newly founded societies, the German Society for Neurology (Deutsche Gesellschaft für Neurologie, DGN) and the German Society for Psychiatry and Neurology (Deutsche Gesellschaft für Psychiatrie und Neurologie, DGPN), unanimously supported their member. (3) The next period was characterized by a nascent criticism of the prevailing attitude of covering up the crimes committed by physicians during the Nazi period. The discovery of incriminating brain sections at various Max Planck Institutes brought neurology to the focus of the debate. (4) Since the 1980s and 1990s historians (of medicine) have been systematically examining medicine's Nazi past in a professional way, which resulted in a noticeable increase of knowledge. Additionally, a new generation of scholars provoked a change of mind insofar as they recognized medicine's responsibility for the crimes committed between 1933 and 1945. We expect that future historical research will further elucidate the history of neurology during the NS regime and have consequences for our current understanding of research ethics.

Global change and mercury

USGS Publications Warehouse

Krabbenhoft, David P.; Sunderland, Elsie M.

2013-01-01

More than 140 nations recently agreed to a legally binding treaty on reductions in human uses and releases of mercury that will be signed in October of this year. This follows the 2011 rule in the United States that for the first time regulates mercury emissions from electricity-generating utilities. Several decades of scientific research preceded these important regulations. However, the impacts of global change on environmental mercury concentrations and human exposures remain a major uncertainty affecting the potential effectiveness of regulatory activities.

The Proliferation Security Initiative as a New Paradigm for Peace and Security

DTIC Science & Technology

2006-04-01

sense of the term, in the UN system... That is to say, there 31 exists no corporate organ formally empowered to enact laws directly binding on...as entirely legitimate. If the PSI is to succeed, it means rethinking certain elemental components of the international legal regime. It means...consequence, there is a real need for some nongovernmental organization, philanthropy or pro bono practice to help the poor countries report on their efforts

A Novel RNA Polymerase I Transcription Initiation Factor, TIF-IE, Commits rRNA Genes by Interaction with TIF-IB, Not by DNA Binding

PubMed Central

Al-Khouri, Anna Maria; Paule, Marvin R.

2002-01-01

In the small, free-living amoeba Acanthamoeba castellanii, rRNA transcription requires, in addition to RNA polymerase I, a single DNA-binding factor, transcription initiation factor IB (TIF-IB). TIF-IB is a multimeric protein that contains TATA-binding protein (TBP) and four TBP-associated factors that are specific for polymerase I transcription. TIF-IB is required for accurate and promoter-specific initiation of rRNA transcription, recruiting and positioning the polymerase on the start site by protein-protein interaction. In A. castellanii, partially purified TIF-IB can form a persistent complex with the ribosomal DNA (rDNA) promoter while homogeneous TIF-IB cannot. An additional factor, TIF-IE, is required along with homogeneous TIF-IB for the formation of a stable complex on the rDNA core promoter. We show that TIF-IE by itself, however, does not bind to the rDNA promoter and thus differs in its mechanism from the upstream binding factor and upstream activating factor, which carry out similar complex-stabilizing functions in vertebrates and yeast, respectively. In addition to its presence in impure TIF-IB, TIF-IE is found in highly purified fractions of polymerase I, with which it associates. Renaturation of polypeptides excised from sodium dodecyl sulfate-polyacrylamide gels showed that a 141-kDa polypeptide possesses all the known activities of TIF-IE. PMID:11784852

A novel RNA polymerase I transcription initiation factor, TIF-IE, commits rRNA genes by interaction with TIF-IB, not by DNA binding.

PubMed

Al-Khouri, Anna Maria; Paule, Marvin R

2002-02-01

In the small, free-living amoeba Acanthamoeba castellanii, rRNA transcription requires, in addition to RNA polymerase I, a single DNA-binding factor, transcription initiation factor IB (TIF-IB). TIF-IB is a multimeric protein that contains TATA-binding protein (TBP) and four TBP-associated factors that are specific for polymerase I transcription. TIF-IB is required for accurate and promoter-specific initiation of rRNA transcription, recruiting and positioning the polymerase on the start site by protein-protein interaction. In A. castellanii, partially purified TIF-IB can form a persistent complex with the ribosomal DNA (rDNA) promoter while homogeneous TIF-IB cannot. An additional factor, TIF-IE, is required along with homogeneous TIF-IB for the formation of a stable complex on the rDNA core promoter. We show that TIF-IE by itself, however, does not bind to the rDNA promoter and thus differs in its mechanism from the upstream binding factor and upstream activating factor, which carry out similar complex-stabilizing functions in vertebrates and yeast, respectively. In addition to its presence in impure TIF-IB, TIF-IE is found in highly purified fractions of polymerase I, with which it associates. Renaturation of polypeptides excised from sodium dodecyl sulfate-polyacrylamide gels showed that a 141-kDa polypeptide possesses all the known activities of TIF-IE.

Quality standards of the European Pharmacopoeia.

PubMed

Bouin, Anne-Sophie; Wierer, Michael

2014-12-02

The European Pharmacopoeia (Ph. Eur.) provides a legal and scientific reference for the quality control of medicines. It is legally binding in the 38 signatory parties of the Convention on the elaboration of a European Pharmacopoeia (37 member states and the European Union). The requirements for a specific herbal drug are prescribed in the corresponding individual monograph and the relevant general monographs. Criteria for pesticides and heavy metals for example are defined in the general monograph on Herbal drugs. The Ph. Eur. also provides general methods including methods for determination of aflatoxins B1 and ochratoxin A. Screening methods for aristolochic acids are applied for herbal drugs that may be subject to adulteration or substitution with plant material containing aristolochic acids. The Ph. Eur. collaborate in many areas with the European Medicines Agency (EMA) to ensure close collaboration as regards the respective work programmes and approach. Copyright © 2014 Elsevier Ireland Ltd. All rights reserved.

Ethical reasons for narrowing the scope of biotech patents.

PubMed

Andreassen, Tom

2015-11-01

Patents on biotech products have a scope that goes well beyond what is covered by the most widely applied ethical justifications of intellectual property. Neither natural rights theory from Locke, nor public interest theory of IP rights justifies the wide scope of legal protection. The article takes human genes as an example, focusing on the component that is not invented but persists as unaltered gene information even in the synthetically produced complementary DNA, the cDNA. It is argued that patent on cDNA holds this information captive, or illegitimately appropriates it in limiting other researchers and inventors' opportunity to explore new functions and uses based on this non-invented information. A tighter connection between legal IP protection and the use description stated in the patent claim is suggested. By binding protection to the product's foreseeable functions and use, instead of the product itself and all future uses of it, legitimacy of biotech product patents is restored.

Glioblastoma Stem Cells Respond to Differentiation Cues but Fail to Undergo Commitment and Terminal Cell-Cycle Arrest

PubMed Central

Carén, Helena; Stricker, Stefan H.; Bulstrode, Harry; Gagrica, Sladjana; Johnstone, Ewan; Bartlett, Thomas E.; Feber, Andrew; Wilson, Gareth; Teschendorff, Andrew E.; Bertone, Paul; Beck, Stephan; Pollard, Steven M.

2015-01-01

Summary Glioblastoma (GBM) is an aggressive brain tumor whose growth is driven by stem cell-like cells. BMP signaling triggers cell-cycle exit and differentiation of GBM stem cells (GSCs) and, therefore, might have therapeutic value. However, the epigenetic mechanisms that accompany differentiation remain poorly defined. It is also unclear whether cell-cycle arrest is terminal. Here we find only a subset of GSC cultures exhibit astrocyte differentiation in response to BMP. Although overtly differentiated non-cycling astrocytes are generated, they remain vulnerable to cell-cycle re-entry and fail to appropriately reconfigure DNA methylation patterns. Chromatin accessibility mapping identified loci that failed to alter in response to BMP and these were enriched in SOX transcription factor-binding motifs. SOX transcription factors, therefore, may limit differentiation commitment. A similar propensity for cell-cycle re-entry and de-differentiation was observed in GSC-derived oligodendrocyte-like cells. These findings highlight significant obstacles to BMP-induced differentiation as therapy for GBM. PMID:26607953

Dissociation of retinoblastoma gene protein hyperphosphorylation and commitment to enter S phase.

PubMed Central

Ogryzko, V V; Hirai, T H; Shih, C E; Howard, B H

1994-01-01

Mitogenic activities of simian virus 40 large T and small t antigens were studied in serum-deprived human diploid fibroblasts. Wild-type large T and small t cooperated in stimulating DNA synthesis and in inducing hyperphosphorylation of the Rb gene product (pRb). In contrast, a T antigen mutant defective for pRb binding (Rb- T) possessed no detectable mitogenic activity alone and failed to complement small t in stimulating DNA synthesis. Surprisingly, Rb- T and small t cooperated as strongly as wild-type T and small t with respect to pRb hyperphosphorylation. As a consequence, in two closely related conditions (i.e., stimulation by small t plus wild-type T versus small t plus Rb- T), the fraction of pRb in hyperphosphorylated forms dissociated from the fraction of cells in the S phase. These results indicate that pRb hyperphosphorylation is not always tightly coupled with a commitment to initiate DNA replication. Images PMID:8189510

The challenges for solid waste management in accordance with Agenda 21: a Brazilian case review.

PubMed

Chaves, Gisele de Lorena Diniz; dos Santos, Jorge Luiz; Rocha, Sandra Mara Santana

2014-09-01

This paper aims to evaluate the suitability of the Brazilian solid waste policy (BSWP) with global Agenda 21 and the challenges of implementing the BSWP in municipalities. For this, a review of the principles that guided the creation of this policy was performed to demonstrate that international pressures were important in determining its effectiveness. The contradictory relationship between the satisfactory legal framework that established the Brazilian waste management policy and its weakened implementation in the municipalities is also examined . To illustrate the difficulties faced at the local level, a case study involving municipalities that compose the state of Espírito Santowe was undertaken. In this state, the municipalities signed terms of environmental commitment with supervisory agencies who undertook, within a pre-established schedule, to implement a set of actions to shape the proper management of solid waste, adapted to the requirements of national policy and the guidelines of Agenda 21. Finally, the various difficulties in meeting the requirements are discussed. It is necessary and urgent that Brazil finds a way to coordinate the mechanisms of an innovative and well formulated legal instrument to ensure the successful implementation of solid waste management at the local level to achieve the environmental, economic and social objectives. © The Author(s) 2014.

[Penal treatment and rehabilitation of the convict in the new Penal Code of San Marino. Juridical and criminological aspects].

PubMed

Sclafani, F; Starace, A

1978-01-01

The Republic of San Marino adopted a new Penal Code which came into force on Ist January 1975; it replaced the former one of 15th Sept. 1865. After having stated the typical aspects of the Penal Procedure System therein enforceable, the Authors examine the rules concerning criminal responsibility and the danger of committing new crimes. They point out and criticize the relevant contradictions. In explaining the measures regarding punishment and educational rehabilitation provided for by the San Marino's legal system, the Authors later consider them from a juridical and criminological viewpoint. If some reforms must be approved (for example: biopsychical inquiry on the charged person, probation, week-end imprisonments, fines according to the incomes of the condemned, etc.). the Authors stress that some legal provisions may appear useless and unrealistic when one considers the environmental conditions of the little Republic. The Authors conclude that Penal Procedure Law is not in accordance with Penal Law and, consequently, they hope that a new reform will be grounded on the needs arising from the crimes perpetrated in loco. It shall be, however, necessary to plan a co-ordination among the two Codes within a framework of de-criminalization of many acts which are now punishable as crime.

The interface of the civil and criminal law of suicide at common law (1194-1845).

PubMed

Mendelson, Danuta; Freckelton, Ian

2013-01-01

Nowadays, suicide is considered essentially a private act, although what constitutes suicide for epidemiological and even clinical purposes in not wholly resolved. Historically, however, at common law, the act of self-killing was a felony with significant religious and legal consequences that impacted upon the deceased person as well as upon his or her whole family. This article identifies the influence of Christian theology, legal theory, and social and medical developments upon attitudes to the felony of self-murder and its definition. It focuses upon the start of more psychologically informed attitudes manifested in landmark court judgments involving exclusion clauses in English mid-nineteenth century insurance contracts. The article illustrates that the law in respect of socially controversial matters does not necessarily develops in a linear progression, nor does it accurately reflect public sentiments. More specifically, the article describes an ongoing definitional conundrum with suicide--whether it should be designated as committed by persons of significantly impaired mental state. The authors observe that in spite of reform to the criminal law of suicide, the civil law relating to suicide has continued to be characterised by ambivalence, ambiguity and significant vestiges of counter-therapeutic moralising. Copyright © 2013 Elsevier Ltd. All rights reserved.

[Development and implementation of an outpatient clinic at an initial reception centre for asylum seekers in the German federal state of Baden-Wuerttemberg].

PubMed

Nikendei, Christoph; Huhn, Daniel; Adler, Guido; von Rose, Peta Becker; Eckstein, Torsten M; Fuchs, Birgit; Gewalt, Sandra C; Greiner, Bernhard; Günther, Thomas; Herzog, Wolfgang; Junghanss, Thomas; Krczal, Thomas; Lorenzen, Detlef; Lutz, Thomas; Manigault, Meryl A; Reinhart, Nico; Rodenberg, Michiko; Schelletter, Iris; Szecsenyi, Joachim; Steen, Rainer; Straßner, Cornelia; Thomsen, Mirjam; Wahedi, Katharina; Bozorgmehr, Kayvan

2017-10-01

In 2015, more than 890,000 asylum seekers were registered in Germany. The provision of medical and psychosocial care for asylum seekers is facing numerous obstacles. Access to health care is mostly insufficient, particularly in initial reception centres. The present article describes the development and implementation of an interdisciplinary outpatient clinic for asylum seekers at the main registration authority in the state of Baden-Wuerttemberg operated by physicians of the University Hospital of Heidelberg and the local Medical Association in Heidelberg. A steering committee was appointed to plan and implement the interdisciplinary outpatient clinic. Semi-structured interviews with nine steering committee members were conducted to elucidate perceived barriers during the planning and implementation phase. The steering committee's strong personal commitment and the health authorities' impartial management were cited as the main contributing factors to the success of the implementation process. Significant barriers were seen in the funding of personnel, equipment, and language mediation as well as in legal liability and billing-related aspects. Results are discussed with a focus on financing, administrative and legal framework as well as language mediation, documentation and further matters that are essential to ensure high-quality care. Copyright © 2017. Published by Elsevier GmbH.

[Double ritual murder by the Satanist cult members based on the casuistry of the Forensic Medicine Department in Katowice].

PubMed

Chowaniec, Czesław; Jałfoński, Christian; Kabiesz-Neniczka, Stanisława; Kobek, Mariusz; Rygol, Krystian

2006-01-01

In recent years, an increased activity of various sects, especially Satanist ones, has been observed in Poland. This is associated with an increase in the number of various crimes, including offences against life and health. The ideology of Satanism came to Poland in the early eighties of the last century, along with heavy metal music and its variants. In 1999, two cases of the murders of a 21-year-old woman and a 19-year-old man committed by Satanist cult members during their ritual mass were reported at the Forensic Medicine Department in Katowice. In the report, the authors present some issues associated with Satanism, the circumstances of these two murders and the results of medico-legal examinations of the victims.

Cultural bias and liberal neutrality: reconsidering the relationship between religion and liberalism through the lens of the physician-assisted suicide debate.

PubMed

Jones, Robert P

2002-01-01

Liberals often view religion chiefly as "a problem" for democratic discourse in modern pluralistic societies and propose an allegedly neutral solution in the form of philosophical distinctions between "the right" and "the good" or populist invocations of a "right to choose." Drawing on cultural theory and ethnographic research among activists in the Oregon debates over the legalization of physician-assisted suicide, I demonstrate that liberal "neutrality" harbors its own cultural bias, flattens the complexity of public debates, and undermines liberalism's own commitments to equality. I conclude that the praiseworthy liberal goal of impartiality in policy decisions would best be met not by the inaccessible norm of neutrality but by a norm of inclusivity, which intentionally solicits multiple cultural perspectives.

State laws and the practice of lay midwifery.

PubMed Central

Butter, I H; Kay, B J

1988-01-01

A national survey was conducted to assess the current status and characteristics of state legislation regulating the practice of lay midwives. As of July 1987, 10 states have prohibitory laws, five states have grandmother clauses authorizing practicing midwives under repealed statutes, five states have enabling laws which are not used, and 10 states explicitly permit lay midwives to practice. In the 21 remaining states, the legal status of midwives is unclear. Much of the enabling legislation restricts midwifery practice often resulting in situations similar to those in states with prohibitory laws. Given the growth of an extensive grassroots movement of lay midwives committed to quality of care, this outcome suggests that 21 states with no legislation may provide better opportunities for midwifery practice than states with enabling laws. PMID:3407812

Act No. 1183, Civil Code, 23 December 1985.

PubMed

1987-01-01

This document contains major provisions of Paraguay's 1985 Civil Code. The Code sets the marriage age at 16 for males and 14 for females and forbids marriage between natural and adopted relatives as well as between persons of the same sex. Bigamy is forbidden, as is marriage between a person and someone convicted of attempting or committing homicide against that person's spouse. Legal incompetents may not marry. Underage minors may marry with the permission of their parents or a court. Noted among the rights and duties of a married couple is the stipulation that husbands (or a judge) must give their approval before wives can legally run a business or work outside of the house or perform other specified activities. Valid marriages are dissolved only upon the death of one spouse. Remarriage in Paraguay after divorce abroad is forbidden. Spouses may legally separate after 2 years of married life (married minors must remain together until 2 years past the age of majority). Marital separation may be requested for adultery, attempted homicide by one spouse upon the other, dishonest or immoral conduct, extreme cruelty or abuse, voluntary or malicious abandonment, or the state of habitual intoxication or repeated use of drugs. Marriages can be annulled in specified cases. Marital property is subject to the community property regime, but each spouse may retain control of specified types of personal property. The Code appoints the husband as manager of community property within limits and reserves certain property to the wife. The Code permits premarital agreements about property management, and covers the dissolution and liquidation of the community property regime. The Code also sets provisions governing "de facto" unions; filiation for children born in and outside of wedlock; claims for parental recognition; kinship; and the duty to provide maintenance to spouses, children, and other relatives.

Female feticide in India.

PubMed

Ahmad, Nehaluddin

2010-01-01

Women are murdered all over the world. But in India a most brutal form of killing females takes place regularly, even before they have the opportunity to be born. Female feticide--the selective abortion of female fetuses--is killing upwards of one million females in India annually with far-ranging and tragic consequences. In some areas, the sex ratio of females to males has dropped to less than 8000:1000. Females not only face inequality in this culture, they are even denied the right to be born. Why do so many families selectively abort baby daughters? In a word: economics. Aborting female fetuses is both practical and socially acceptable in India. Female feticide is driven by many factors, but primarily by the prospect of having to pay a dowry to the future bridegroom of a daughter. While sons offer security to their families in old age and can perform the rites for the souls of deceased parents and ancestors, daughters are perceived as a social and economic burden. Prenatal sex detection technologies have been misused, allowing the selective abortions of female offspring to proliferate. Legally, however, female feticide is a penal offence. Although female infanticide has long been committed in India, feticide is a relatively new practice, emerging concurrently with the advent of technological advancements in prenatal sex determination on a large scale in the 1990s. While abortion is legal in India, it is a crime to abort a pregnancy solely because the fetus is female. Strict laws and penalties are in place for violators. These laws, however, have not stemmed the tide of this abhorrent practice. This article will discuss the socio-legal conundrum female feticide presents, as well as the consequences of having too few women in Indian society.

Working alliance, interpersonal trust and perceived coercion in mental health review hearings

PubMed Central

2011-01-01

Background There is some evidence that when mental health commitment hearings are held in accordance with therapeutic jurisprudence principles they are perceived as less coercive, and more just in their procedures leading to improved treatment adherence and fewer hospital readmissions. This suggests an effect of the hearing on therapeutic relationships. We compared working alliance and interpersonal trust in clinicians and forensic patients, whose continued detentions were reviewed by two different legal review bodies according to their legal category. Methods The hearings were rated as positive or negative by patients and treating psychiatrists using the MacArthur scales for perceived coercion, perceived procedural justice (legal and medical) and for the impact of the hearing. We rated Global assessment of Function (GAF), Positive and Negative Symptom Scale (PANSS), Working Alliance Inventory (WAI) and Interpersonal Trust in Physician (ITP) scales six months before the hearing and repeated the WAI and ITP two weeks before and two weeks after the hearing, for 75 of 83 patients in a forensic medium and high secure hospital. Results Psychiatrists agreed with patients regarding the rating of hearings. Patients rated civil hearings (MHTs) more negatively than hearings under insanity legislation (MHRBs). Those reviewed by MHTs had lower scores for WAI and ITP. However, post-hearing WAI and ITP scores were not different from baseline and pre-hearing scores. Using the receiver operating characteristic, baseline WAI and ITP scores predicted how patients would rate the hearings, as did baseline GAF and PANSS scores. Conclusions There was no evidence that positively perceived hearings improved WAI or ITP, but some evidence showed that negatively perceived hearings worsened them. Concentrating on functional recovery and symptom remission remains the best strategy for improved therapeutic relationships. PMID:22074788

Mental health care for irregular migrants in Europe: Barriers and how they are overcome

PubMed Central

2012-01-01

Background Irregular migrants (IMs) are exposed to a wide range of risk factors for developing mental health problems. However, little is known about whether and how they receive mental health care across European countries. The aims of this study were (1) to identify barriers to mental health care for IMs, and (2) to explore ways by which these barriers are overcome in practice. Methods Data from semi-structured interviews with 25 experts in the field of mental health care for IMs in the capital cities of 14 European countries were analysed using thematic analysis. Results Experts reported a range of barriers to mental health care for IMs. These include the absence of legal entitlements to health care in some countries or a lack of awareness of such entitlements, administrative obstacles, a shortage of culturally sensitive care, the complexity of the social needs of IMs, and their fear of being reported and deported. These barriers can be partly overcome by networks of committed professionals and supportive services. NGOs have become important initial points of contact for IMs, providing mental health care themselves or referring IMs to other suitable services. However, these services are often confronted with the ethical dilemma of either acting according to the legislation and institutional rules or providing care for humanitarian reasons, which involves the risk of acting illegally and providing care without authorisation. Conclusions Even in countries where access to health care is legally possible for IMs, various other barriers remain. Some of these are common to all migrants, whilst others are specific for IMs. Attempts at improving mental health care for IMs should consider barriers beyond legal entitlement, including communicating information about entitlement to mental health care professionals and patients, providing culturally sensitive care and ensuring sufficient resources. PMID:22607386

Structural, kinetic and computational investigation of Vitis vinifera DHDPS reveals new insight into the mechanism of lysine-mediated allosteric inhibition.

PubMed

Atkinson, Sarah C; Dogovski, Con; Downton, Matthew T; Czabotar, Peter E; Dobson, Renwick C J; Gerrard, Juliet A; Wagner, John; Perugini, Matthew A

2013-03-01

Lysine is one of the most limiting amino acids in plants and its biosynthesis is carefully regulated through inhibition of the first committed step in the pathway catalyzed by dihydrodipicolinate synthase (DHDPS). This is mediated via a feedback mechanism involving the binding of lysine to the allosteric cleft of DHDPS. However, the precise allosteric mechanism is yet to be defined. We present a thorough enzyme kinetic and thermodynamic analysis of lysine inhibition of DHDPS from the common grapevine, Vitis vinifera (Vv). Our studies demonstrate that lysine binding is both tight (relative to bacterial DHDPS orthologs) and cooperative. The crystal structure of the enzyme bound to lysine (2.4 Å) identifies the allosteric binding site and clearly shows a conformational change of several residues within the allosteric and active sites. Molecular dynamics simulations comparing the lysine-bound (PDB ID 4HNN) and lysine free (PDB ID 3TUU) structures show that Tyr132, a key catalytic site residue, undergoes significant rotational motion upon lysine binding. This suggests proton relay through the catalytic triad is attenuated in the presence of lysine. Our study reveals for the first time the structural mechanism for allosteric inhibition of DHDPS from the common grapevine.

Managing Reputation in Contract-Based Distributed Systems

NASA Astrophysics Data System (ADS)

Baldoni, Roberto; Doria, Luca; Lodi, Giorgia; Querzoni, Leonardo

In industry practice, bilateral agreements are established between providers and consumers of services in order to regulate their business relationships. In particular, Quality of Service (QoS) requirements are specified in those agreements in the form of legally binding contracts named Service Level Agreements (SLA). Meeting SLAs allows providers to be seen in the eyes of their clients, credible, reliable, and trustworthy. This contributes to augment their reputation that can be considered an important and competitive advantage for creating potentially new business opportunities.

Legal Bases for the Use of Force Against International Terrorism: The U.S. Paradigm of Humanitarian Self-Defense

DTIC Science & Technology

1999-04-01

Selection Officer, 1988- 1989 , Recruiting Station, Pittsburgh, Pennsylvania; Company Executive Officer, Rifle Platoon Commander, Weapons Platoon Commander...FORCE: LAW AND U.S. POLICY, 49 ( 1989 ). Henkin states, "a decision of the International Court of Justice is not binding on states other than the...Poland)). 68 Id. at 460. 691 Id. at 461. 7 0 LTCOL RICHARD J. ERICKSON, LEGITIMATE USE OF FORCE AGAINST STATE-SPONSORED TERRORISM 140-141 ( 1989 (citing

GroEL stimulates protein folding through forced unfolding

PubMed Central

Lin, Zong; Madan, Damian; Rye, Hays S

2013-01-01

Many proteins cannot fold without the assistance of chaperonin machines like GroEL and GroES. The nature of this assistance, however, remains poorly understood. Here we demonstrate that unfolding of a substrate protein by GroEL enhances protein folding. We first show that capture of a protein on the open ring of a GroEL–ADP–GroES complex, GroEL’s physiological acceptor state for non-native proteins in vivo, leaves the substrate protein in an unexpectedly compact state. Subsequent binding of ATP to the same GroEL ring causes rapid, forced unfolding of the substrate protein. Notably, the fraction of the substrate protein that commits to the native state following GroES binding and protein release into the GroEL–GroES cavity is proportional to the extent of substrate-protein unfolding. Forced protein unfolding is thus a central component of the multilayered stimulatory mechanism used by GroEL to drive protein folding. PMID:18311152

Structure-function studies of adenylosuccinate synthetase from Escherichia coli.

PubMed

Honzatko, R B; Fromm, H J

1999-10-01

Adenylosuccinate synthetase catalyzes the first committed step in the de novo biosynthesis of AMP, thermodynamically coupling the hydrolysis of GTP to the formation of adenylosuccinate from l-aspartate and IMP. The enzyme from Esherichia coli undergoes a ligand-induced dimerization, which leads to the assembly of a complete active site. The binding of IMP causes conformational changes over distances of 30 A, the end result of which is the activation of essential catalytic elements and the organization of the binding pocket for Mg(2+)-GTP. The enzyme promotes first a phosphoryl transfer from GTP to the 6-oxygen atom of IMP, by way of a transition state that has characteristics of both associative and dissociative reaction pathways. Following the formation of 6-phosphoryl-IMP, the enzyme then catalyzes the nucleophilic displacement of the 6-phosphoryl group by the alpha-amino group of l-aspartate in a transition state, which requires two metal cations. Copyright 1999 Academic Press.

Thermal use of groundwater: International legislation and ecological considerations

NASA Astrophysics Data System (ADS)

Hähnlein, S.; Griebler, C.; Blum, P.; Bayer, P.

2009-04-01

Groundwater fulfills various functions for nature, animals and humans. Certainly, groundwater has highest relevance as freshwater resource. Another increasingly important issue - especially considering rising oil and gas prices - is the use of aquifers as renewable energy reservoirs. In view of these two somehow conflictive uses it seems important to define legal regulations and management strategies where exploitation and protection of aquifers is balanced. Thermal use of groundwater with e.g. ground source heat pump (GSHP) systems results in temperature anomalies (cold or heat plumes) in the subsurface. The extension of these temperture plumes has to be known in order to interpret their influence on adjacent geothermal installations. Beside this technological constraint, there exists an ecological one: man made thermal anomalies may have undesirable effects on the groundwater ecosystem. To promote geothermal energy as an economically attractive, sustainable and environmentally friendly energy source, such constraints have to be integrated in regulations, planning and maintenance (Hähnlein et al. 2008a,b). The objective of this study is to review the current legal status of the thermal use of groundwater and to present first results how the ecosystem is influenced. • Legal viewpoint: The international legal situation on thermal groundwater use is very heterogeneous. Nationally and internationally there is no consistent legal situation. Minimum distances between GSHP and temperature limits for heating and cooling the groundwater vary strongly. Until now there are no scientifically based thresholds. And it is also legally unexplained which temperature changes are detrimental. This is due to the fact that there are no ecological and economical parameters established for sustainable groundwater use. • Ecological viewpoint: First results show that temperature changes that arise with the thermal use of groundwater can noticeably influence the composition of biocoenoses. For a profound quantification and interpretation of an ecologically sustainable thermal use of groundwater more data from lab experiments and in situ surveys are needed. We can conclude that for sustainable use of groundwater legally-binding minimum distances between adjacent installations are crucial. However, they have to be based on geological arguments. Also relative temperature limits for cooling and heating of groundwater to avoid negative changes in the groundwater ecosystem should be defined. Overall, there is a need for a legal framework, ideally developed nationally and internationally, which thoroughly addresses legal, technical, ecological and economical aspects. References: Hähnlein, S., Grathwohl, P., Bayer P., Blum, P. (2008a): Cold plumes of ground source heat pumps: Their length and legal situation. EGU, Vienna. Hähnlein, S., Kübert, M., Bayer, P., Walker-Hertkorn, S., Blum, P. (2008b): Rechtliche und technische Aspekte einer nachhaltigen thermischen Grundwassernutzung. FH-DGG Tagung, Göttingen.

Review of population based coroners autopsy findings in Rivers state of Nigeria.

PubMed

Obiorah, C C; Amakiri, C N

2013-12-10

Sudden deaths are common findings in Rivers state of Nigeria. The victims of such deaths are subjects, of coroners' autopsies, and the records there from constitute important sources of epidemiological data. To determine the pattern, causes and demographic features of all deaths reported to the coroner for medico legal autopsies in Rivers state of Nigeria. Retrospective descriptive study on reports of coroner autopsies carried out between January 2000 and December 2010 in different mortuaries located across Rivers state was undertaken. The autopsies were unlimited and standardized. Information analyzed were: gender, age, circumstances of death and, autopsy-defined cause of death. Of the 1987 cases reviewed, 83.4% were males. The age range was 2 weeks to 98 years with a mean of, 31.7 years. The peak age range was 21-30 years with 46.5%. The manners of deaths in descending order include: homicides with 50.5%, accidents with 32%, sudden natural deaths with 14.1%, maternal deaths with 2.6% and suicides with 0.8%. Males were most affected in homicidal death with average male:female ratio of 12.4:1. Gunshots constituted the commonest means of homicidal deaths, with 67.9% while decapitation was the least with 0.1%. The commonest cause of accidental death was, road traffic accident with 63.6%. Cardiovascular system pathologies were the commonest causes of natural deaths with 46.1%. Illegal abortions with 41.1% were the commonest causes of maternal, deaths and all suicidal cases were committed by hanging. Homicides were by far the commonest findings of medico legal autopsies, followed by accidental and natural deaths respectively while suicides were the least in Rivers state of Nigeria. Firearms were the, most frequently used weapons for homicides and road traffic accidents remain the major causes of accidental deaths while cardiovascular system pathologies account for the highest proportion of sudden natural deaths and suicides are committed by hanging. Males within the productive age, brackets of 20-49 years are more affected by sudden deaths of all manners. Crown Copyright © 2013. Published by Elsevier Ireland Ltd. All rights reserved.

Sex-lethal enables germline stem cell differentiation by down-regulating Nanos protein levels during Drosophila oogenesis

PubMed Central

Chau, Johnnie; Kulnane, Laura Shapiro; Salz, Helen K.

2012-01-01

Drosophila ovarian germ cells require Sex-lethal (Sxl) to exit from the stem cell state and to enter the differentiation pathway. Sxl encodes a female-specific RNA binding protein and in somatic cells serves as the developmental switch gene for somatic sex determination and X-chromosome dosage compensation. None of the known Sxl target genes are required for germline differentiation, leaving open the question of how Sxl promotes the transition from stem cell to committed daughter cell. We address the mechanism by which Sxl regulates this transition through the identification of nanos as one of its target genes. Previous studies have shown that Nanos protein is necessary for GSC self-renewal and is rapidly down-regulated in the daughter cells fated to differentiate in the adult ovary. We find that this dynamic expression pattern is limited to female germ cells and is under Sxl control. In the absence of Sxl, or in male germ cells, Nanos protein is continuously expressed. Furthermore, this female-specific expression pattern is dependent on the presence of canonical Sxl binding sites located in the nanos 3′ untranslated region. These results, combined with the observation that nanos RNA associates with the Sxl protein in ovarian extracts and loss and gain of function studies, suggest that Sxl enables the switch from germline stem cell to committed daughter cell by posttranscriptional down-regulation of nanos expression. These findings connect sexual identity to the stem cell self-renewal/differentiation decision and highlight the importance of posttranscriptional gene regulatory networks in controlling stem cell behavior. PMID:22645327

Sex-lethal enables germline stem cell differentiation by down-regulating Nanos protein levels during Drosophila oogenesis.

PubMed

Chau, Johnnie; Kulnane, Laura Shapiro; Salz, Helen K

2012-06-12

Drosophila ovarian germ cells require Sex-lethal (Sxl) to exit from the stem cell state and to enter the differentiation pathway. Sxl encodes a female-specific RNA binding protein and in somatic cells serves as the developmental switch gene for somatic sex determination and X-chromosome dosage compensation. None of the known Sxl target genes are required for germline differentiation, leaving open the question of how Sxl promotes the transition from stem cell to committed daughter cell. We address the mechanism by which Sxl regulates this transition through the identification of nanos as one of its target genes. Previous studies have shown that Nanos protein is necessary for GSC self-renewal and is rapidly down-regulated in the daughter cells fated to differentiate in the adult ovary. We find that this dynamic expression pattern is limited to female germ cells and is under Sxl control. In the absence of Sxl, or in male germ cells, Nanos protein is continuously expressed. Furthermore, this female-specific expression pattern is dependent on the presence of canonical Sxl binding sites located in the nanos 3' untranslated region. These results, combined with the observation that nanos RNA associates with the Sxl protein in ovarian extracts and loss and gain of function studies, suggest that Sxl enables the switch from germline stem cell to committed daughter cell by posttranscriptional down-regulation of nanos expression. These findings connect sexual identity to the stem cell self-renewal/differentiation decision and highlight the importance of posttranscriptional gene regulatory networks in controlling stem cell behavior.

Radiological protection, safety and security issues in the industrial and medical applications of radiation sources

NASA Astrophysics Data System (ADS)

Vaz, Pedro

2015-11-01

The use of radiation sources, namely radioactive sealed or unsealed sources and particle accelerators and beams is ubiquitous in the industrial and medical applications of ionizing radiation. Besides radiological protection of the workers, members of the public and patients in routine situations, the use of radiation sources involves several aspects associated to the mitigation of radiological or nuclear accidents and associated emergency situations. On the other hand, during the last decade security issues became burning issues due to the potential malevolent uses of radioactive sources for the perpetration of terrorist acts using RDD (Radiological Dispersal Devices), RED (Radiation Exposure Devices) or IND (Improvised Nuclear Devices). A stringent set of international legally and non-legally binding instruments, regulations, conventions and treaties regulate nowadays the use of radioactive sources. In this paper, a review of the radiological protection issues associated to the use of radiation sources in the industrial and medical applications of ionizing radiation is performed. The associated radiation safety issues and the prevention and mitigation of incidents and accidents are discussed. A comprehensive discussion of the security issues associated to the global use of radiation sources for the aforementioned applications and the inherent radiation detection requirements will be presented. Scientific, technical, legal, ethical, socio-economic issues are put forward and discussed.

Insight into the molecular mechanism of yeast acetyl-coenzyme A carboxylase mutants F510I, N485G, I69E, E477R, and K73R resistant to soraphen A

NASA Astrophysics Data System (ADS)

Gao, Jian; Liang, Li; Chen, Qingqing; Zhang, Ling; Huang, Tonghui

2018-02-01

Acetyl-coenzyme A carboxylases (ACCs) is the first committed enzyme of fatty acid synthesis pathway. The inhibition of ACC is thought to be beneficial not only for diseases related to metabolism, such as type-2 diabetes, but also for infectious disease like bacterial infection disease. Soraphen A, a potent allosteric inhibitor of BC domain of yeast ACC, exhibit lower binding affinities to several yeast ACC mutants and the corresponding drug resistance mechanisms are still unknown. We report here a theoretical study of binding of soraphen A to wild type and yeast ACC mutants (including F510I, N485G, I69E, E477R, and K73R) via molecular dynamic simulation and molecular mechanics/generalized Born surface area free energy calculations methods. The calculated binding free energies of soraphen A to yeast ACC mutants are weaker than to wild type, which is highly consistent with the experimental results. The mutant F510I weakens the binding affinity of soraphen A to yeast ACC mainly by decreasing the van der Waals contributions, while the weaker binding affinities of Soraphen A to other yeast ACC mutants including N485G, I69E, E477R, and K73R are largely attributed to the decreased net electrostatic (ΔE ele + ΔG GB) interactions. Our simulation results could provide important insights for the development of more potent ACC inhibitors.

Reduction of exposure to acrylamide: achievements, potential of optimization, and problems encountered from the perspectives of a Swiss enforcement laboratory.

PubMed

Grob, Koni

2005-01-01

The most important initiatives taken in Switzerland to reduce exposure of consumers to acrylamide are the separate sale of potatoes low in reducing sugars for roasting and frying, the optimization of the raw material and preparation of french fries, and campaigns to implement suitable preparation methods in the gastronomy and homes. Industry works on improving a range of other products. Although these measures can reduce high exposures by some 80%, they have little effect on the background exposure resulting from coffee, bread, and numerous other products for which no substantial improvement is in sight. At this stage, improvements should be achieved by supporting voluntary activity rather than legal limits. Committed and consistent risk communication is key, and the support of improvements presupposes innovative approaches.

Making multipayer reform work: what can be learned from medical home initiatives.

PubMed

Takach, Mary; Townley, Charles; Yalowich, Rachel; Kinsler, Sarah

2015-04-01

Multipayer collaboratives of all types will encounter legal, logistical, and often political obstacles that multipayer medical home initiatives have already overcome. The seventeen multipayer medical home initiatives launched between 2008 and 2014 all navigated four critical decision-making points: convening stakeholders; establishing provider participation criteria; determining payment; and measuring performance. Although we observed trends toward voluntary payer participation and more flexible participation criteria for both payers and providers, initiatives continue to vary widely, each shaped largely by its insurance market and policy environment. Medical home initiatives across the United States are demonstrating that multipayer reform, although complex and difficult to implement, is feasible when committed stakeholders negotiate strategies that are responsive to the local context. Their experiences can inform, and perhaps expedite, negotiations in current and future multipayer collaborations. Project HOPE—The People-to-People Health Foundation, Inc.

Covenant model of corporate compliance. "Corporate integrity" program meets mission, not just legal, requirements.

PubMed

Tuohey, J F

1998-01-01

Catholic healthcare should establish comprehensive compliance strategies, beyond following Medicare reimbursement laws, that reflect mission and ethics. A covenant model of business ethics--rather than a self-interest emphasis on contracts--can help organizations develop a creed to focus on obligations and trust in their relationships. The corporate integrity program (CIP) of Mercy Health System Oklahoma promotes its mission and interests, educates and motivates its employees, provides assurance of systemwide commitment, and enforces CIP policies and procedures. Mercy's creed, based on its mission statement and core values, articulates responsibilities regarding patients and providers, business partners, society and the environment, and internal relationships. The CIP is carried out through an integrated network of committees, advocacy teams, and an expanded institutional review board. Two documents set standards for how Mercy conducts external affairs and clarify employee codes of conduct.

Less guilty by reason of adolescence: developmental immaturity, diminished responsibility, and the juvenile death penalty.

PubMed

Steinberg, Laurence; Scott, Elizabeth S

2003-12-01

The authors use a developmental perspective to examine questions about the criminal culpability of juveniles and the juvenile death penalty. Under principles of criminal law, culpability is mitigated when the actor's decision-making capacity is diminished, when the criminal act was coerced, or when the act was out of character. The authors argue that juveniles should not be held to the same standards of criminal responsibility as adults, because adolescents' decision-making capacity is diminished, they are less able to resist coercive influence, and their character is still undergoing change. The uniqueness of immaturity as a mitigating condition argues for a commitment to a legal environment under which most youths are dealt with in a separate justice system and none are eligible for capital punishment. ((c) 2003 APA, all rights reserved)

Examining the effectiveness of an intervention designed for the restoration of competency to stand trial.

PubMed

Mueller, Crystal; Wylie, A Michael

2007-01-01

This study examined the effectiveness of the Fitness Game, an intervention created for the restoration of competency to stand trial. Of 28 participants who completed either the experimental or control intervention at Hawai'i State Hospital (HSH), it was found that both groups had significant pretest to posttest improvements on Understanding and Appreciation subsets of the MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA). However, there was no statistically significant difference between the groups on competency measures, indicating that the Fitness Game was not significantly more effective at restoring competency than non-legal programming. In other words, individuals committed to a psychiatric hospital for care and treatment were as likely to improve as those receiving additional specialized competency restoration treatment. Copyright (c) 2007 John Wiley & Sons, Ltd.

Psychosis-related matricide associated with a lesion of the ventromedial prefrontal cortex.

PubMed

Orellana, Gricel; Alvarado, Luis; Muñoz-Neira, Carlos; Ávila, Rodrigo; Méndez, Mario F; Slachevsky, Andrea

2013-01-01

Matricide, the killing of a mother by her biological child, is a rare event. We report a case of matricide associated with a woman who sustained a right ventromedial prefrontal lesion during surgery for nasal polyposis that was performed when she was 40 years old. After her surgery, she developed psychotic symptoms associated with the emergence of antisocial behavior. She committed matricide 22 years later. Neuropsychological evaluation showed decreased frontal-executive deficits, and magnetic resonance imaging revealed a lesion in the right gyrus rectus area of the ventromedial prefrontal region. This case suggests that a secondary psychotic syndrome associated with a lesion in the frontal neural network, which is disturbed in psychopathy, could facilitate homicidal behavior. Furthermore, this case has legal implications for the prosecution of murder associated with a brain lesion.

Dissolving the engineering moral dilemmas within the Islamic ethico-legal praxes.

PubMed

Solihu, Abdul Kabir Hussain; Ambali, Abdul Rauf

2011-03-01

The goal of responsible engineers is the creation of useful and safe technological products and commitment to public health, while respecting the autonomy of the clients and the public. Because engineers often face moral dilemma to resolve such issues, different engineers have chosen different course of actions depending on their respective moral value orientations. Islam provides a value-based mechanism rooted in the Maqasid al-Shari'ah (the objectives of Islamic law). This mechanism prioritizes some values over others and could help resolve the moral dilemmas faced in engineering. This paper introduces the Islamic interpretive-evaluative maxims to two core issues in engineering ethics: genetically modified foods and whistleblowing. The study aims primarily to provide problem-solving maxims within the Maqasid al-Shari'ah matrix through which such moral dilemmas in science and engineering could be studied and resolved.

"Bessie done cut her old man": race, common-law marriage, and homicide in New Orleans, 1925-1945.

PubMed

Adler, Jeffrey S

2010-01-01

This essay examines domestic homicide in early twentieth-century New Orleans. African-American residents killed their domestic partners at eight times the rate of white New Orleanians, and these homicides were most often committed by women, who killed their partners at fifteen times the rate of white women. Common-law marriages proved to be especially violent among African-American residents. Based on nearly two hundred cases identified in police records and other sources as partner killings between 1925 and 1945, this analysis compares lethal violence in legal marriages and in common-law unions. It also explores the social and institutional forces that buffeted common-law marriages, making this the most violent domestic arrangement and contributing to the remarkably high rate of spousal homicide by African-American women in early twentieth-century New Orleans.

Long-term treatment and management of violent tendencies of men with intellectual disabilities convicted of assault.

PubMed

Lindsay, William R; Allan, Ronald; MacLeod, Fiona; Smart, Nicola; Smith, Anne H W

2003-02-01

Success of anger management treatment with individuals who have intellectual disabilities convicted of assault-related offenses has not been verified. We employed a single case design with repeated measures with 6 such men. Recidivism is reported at least 4.5 years and up to 10 years. Modified anger management training incorporating cognitive restructuring and arousal reduction was employed. Participants showed no uniform reductions in emotional or behavioral systems of anger and aggression. Although several retained significant anger feelings, there were reductions in the extent to which they would act in an aggressive fashion. Five have not re-offended; 1 re-offended within 6 months but not in the subsequent 4 years. Anger management treatment seems effective for men with intellectual disabilities in the community who have committed socially and legally unacceptable acts.

Global action to prevent war: a programme for government and grassroots efforts to stop war, genocide and other forms of deadly conflict.

PubMed

Dean, J; Forsberg, R C; Mendlovitz, S

2000-01-01

At the end of history's bloodiest century and the outset of a new millennium, we have an opportunity to fulfil one of humanity's oldest dreams: making the world largely free of war. Global changes make this goal achievable. Nuclear weapons have shown the folly of war. For the first time, there is no war and no immediate prospect of war among the main military powers. For the first time, many proven measures to prevent armed conflict, distilled in the crucible of this century's wars, are available. If systematically applied, these measures can sharply decrease the frequency and violence of war, genocide, and other forms of deadly conflict. To seize the opportunity, nations should adopt a comprehensive programme to reduce conventional armaments and armed conflict. This programme will complement and strengthen efforts to eliminate nuclear arms. To assure its ongoing worldwide implementation, the conventional reduction programme should be placed in a treaty framework. We propose a four-phased process, with three treaties, each lasting five to ten years, to lay the groundwork for the fourth treaty, which will establish a permanent international security system. The main objectives of the treaties are to achieve: 1. A verified commitment to provide full transparency on conventional armed forces and military spending, not to increase forces during negotiations on arms reductions, and to increase the resources allocated to multilateral conflict prevention and peacekeeping. 2. Substantial worldwide cuts in national armed forces and military spending and further strengthening of United Nations and regional peacekeeping and peace-enforcement capabilities. 3. A trial of a watershed commitment by participating nations, including the major powers, not to deploy their armed forces beyond national borders except in a multilateral action under UN or regional auspices. 4. A permanent transfer to the UN and regional security organizations of the authority and capability for armed intervention to prevent or end war, accompanied by further substantial cuts in national armed forces and increases in UN and regional forces. This programme offers many valuable features: a global framework for conventional forces that parallels the nuclear Non-Proliferation Treaty; a verified no-increase commitment for national armed forces based on full data exchange; a commitment to undertake prescribed confidence-building measures, including limits on force activities and deployments; a commitment to a specified plan for increased funding of UN and regional peacekeeping capabilities; a commitment to strengthen international legal institutions; and after a trial period, a lasting commitment by each participant not to unilaterally deploy its armed forces beyond its borders, but instead to give the responsibility for peacekeeping and peace enforcement to international institutions. This programme of phased steps to reduce armed forces and strengthen peacekeeping institutions will make war rare. It will foster the spread of zones of peace like those in North America and Western Europe where, after centuries of violence, international and civil war have given way to the peaceful settlement of disputes.

Structural and Enzymatic Analysis of MshA from Corynebacterium glutamicum

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

Vetting,M.; Frantom, P.; Blanchard, J.

2008-01-01

The glycosyltransferase termed MshA catalyzes the transfer of N-acetylglucosamine from UDP-N-acetylglucosamine to 1-l-myo-inositol-1-phosphate in the first committed step of mycothiol biosynthesis. The structure of MshA from Corynebacterium glutamicum was determined both in the absence of substrates and in a complex with UDP and 1-l-myo-inositol-1-phosphate. MshA belongs to the GT-B structural family whose members have a two-domain structure with both domains exhibiting a Rossman-type fold. Binding of the donor sugar to the C-terminal domain produces a 97 rotational reorientation of the N-terminal domain relative to the C-terminal domain, clamping down on UDP and generating the binding site for 1-l-myo-inositol-1-phosphate. The structuremore » highlights the residues important in binding of UDP-N-acetylglucosamine and 1-l-myo-inositol-1-phosphate. Molecular models of the ternary complex suggest a mechanism in which the {beta}-phosphate of the substrate, UDP-N-acetylglucosamine, promotes the nucleophilic attack of the 3-hydroxyl group of 1-l-myo-inositol-1-phosphate while at the same time promoting the cleavage of the sugar nucleotide bond.« less

Mcm10 regulates DNA replication elongation by stimulating the CMG replicative helicase.

PubMed

Lõoke, Marko; Maloney, Michael F; Bell, Stephen P

2017-02-01

Activation of the Mcm2-7 replicative DNA helicase is the committed step in eukaryotic DNA replication initiation. Although Mcm2-7 activation requires binding of the helicase-activating proteins Cdc45 and GINS (forming the CMG complex), an additional protein, Mcm10, drives initial origin DNA unwinding by an unknown mechanism. We show that Mcm10 binds a conserved motif located between the oligonucleotide/oligosaccharide fold (OB-fold) and A subdomain of Mcm2. Although buried in the interface between these domains in Mcm2-7 structures, mutations predicted to separate the domains and expose this motif restore growth to conditional-lethal MCM10 mutant cells. We found that, in addition to stimulating initial DNA unwinding, Mcm10 stabilizes Cdc45 and GINS association with Mcm2-7 and stimulates replication elongation in vivo and in vitro. Furthermore, we identified a lethal allele of MCM10 that stimulates initial DNA unwinding but is defective in replication elongation and CMG binding. Our findings expand the roles of Mcm10 during DNA replication and suggest a new model for Mcm10 function as an activator of the CMG complex throughout DNA replication. © 2017 Lõoke et al.; Published by Cold Spring Harbor Laboratory Press.

An AAA Motor-Driven Mechanical Switch in Rpn11 Controls Deubiquitination at the 26S Proteasome.

PubMed

Worden, Evan J; Dong, Ken C; Martin, Andreas

2017-09-07

Poly-ubiquitin chains direct protein substrates to the 26S proteasome, where they are removed by the deubiquitinase Rpn11 during ATP-dependent substrate degradation. Rapid deubiquitination is required for efficient degradation but must be restricted to committed substrates that are engaged with the ATPase motor to prevent premature ubiquitin chain removal and substrate escape. Here we reveal the ubiquitin-bound structure of Rpn11 from S. cerevisiae and the mechanisms for mechanochemical coupling of substrate degradation and deubiquitination. Ubiquitin binding induces a conformational switch of Rpn11's Insert-1 loop from an inactive closed state to an active β hairpin. This switch is rate-limiting for deubiquitination and strongly accelerated by mechanical substrate translocation into the AAA+ motor. Deubiquitination by Rpn11 and ubiquitin unfolding by the ATPases are in direct competition. The AAA+ motor-driven acceleration of Rpn11 is therefore important to ensure that poly-ubiquitin chains are removed only from committed substrates and fast enough to prevent their co-degradation. Copyright © 2017 Elsevier Inc. All rights reserved.

Nursing and justice as a basic human need.

PubMed

Johnstone, Megan-Jane

2011-01-01

This paper explores the idea that justice is a basic human need akin to those famously depicted in Maslow's hierarchy of human needs and, as such, warrants recognition as a core element in representative ideas about nursing. Early nurse theorists positioned the principles and practice of nursing as having their origins in 'universal human needs'. The principle of deriving nursing care from human needs was thought to provide a guide not only for promoting health, but for preventing disease and illness. The nursing profession has had a longstanding commitment to social justice as a core professional value and ideal, obligating nurses to address the social conditions that undermine people's health. The idea of justice as a universal human need per se and its possible relationship to people's health outcomes has, however, not been considered. One reason for this is that justice in nursing discourse has more commonly been associated with law and ethics, and the legal and ethical responsibilities of nurses in relation to individualized patient care and, more recently, changing systems of care to improve health and health outcomes. Although this association is not incorrect, it is incomplete. A key aim of this paper is to redress this oversight and to encourage a broader conceptualization of justice as necessary for human survival, health and development, not merely as a professional value, or legal or ethical principle for guiding human conduct. © 2010 Blackwell Publishing Ltd.

Service provider perspectives on post-abortion contraception in Nepal.

PubMed

Wang, Lin-Fan; Puri, Mahesh; Rocca, Corinne H; Blum, Maya; Henderson, Jillian T

2016-01-01

The government of Nepal has articulated a commitment to the provision of post-abortion contraception since the implementation of a legal safe abortion policy in 2004. Despite this, gaps in services remain. This study examined the perspectives of abortion service providers and administrators regarding strengths and shortcomings of post-abortion contraceptive service provision. In-depth interviews were conducted with 24 abortion providers and administrators at four major health facilities that provide legal abortion in Nepal. Facility factors perceived to impact post-abortion contraceptive services included on-site availability of contraceptive supplies, dedicated and well-trained staff and adequate infrastructure. Cultural norms emerged as influencing contraceptive demand by patients, including method use being unacceptable for women whose husbands migrate and limited decision-making power among women. Service providers described their personal views on appropriate childbearing and the use of specific contraceptive methods that influenced counselling. Findings suggest that improvements to a facility's infrastructure and training to address provider biases and misinformation may improve post-abortion family planning uptake. Adapting services to be sensitive to cultural expectations and norms may help address some barriers to contraceptive use. More research is needed to determine how to best meet the contraceptive needs of women who have infrequent sexual activity or who may face stigma for using family planning, including adolescents, unmarried women and women whose husbands migrate.

Am I my brother's (or customer's or tenant's) keeper? Economic and ethical aspects to the California Supreme Court's struggle with the issue of landowner's standard of care.

PubMed

Hodson, T J; Englander, F; Englander, V

2001-07-01

The Supreme Court of California has ruled on several cases involving the question of to what extent a possessor of land is liable for the harm to customers or tenants occurring when a third party commits a criminal act against the customers or tenants present on the land. This paper reviews the historical development of this aspect of negligence law and analyzes the ethical and economic efficiency implications of ascribing legal responsibility for such crimes to: a) local government, b) the possessor of land, c) the customer, and d) the criminal. For example, is there an effort by the judicial system to substitute deterrence from criminal acts provided by possessors of land (i.e., specific deterrence) for the general deterrence traditionally provided through the use of police powers by local government? Analysis indicates that specific deterrence may be more effective in changing the location of criminal acts than in reducing the level of criminal activities. Also, the expense of complying with the legal responsibilities of protecting customers and clients may be especially high in high-crime, low-income areas, thus forcing commercial establishments to move or go out of business. Thus, we have a troubling tradeoff: compensating individual crime victims in a high-crime area could ultimately deprive the residents of basic economic opportunities.

Women on waves: where next for the abortion boat?

PubMed

Gomperts, Rebecca

2002-05-01

Women on Waves was founded to contribute to the prevention of unwanted pregnancy and unsafe abortions throughout the world by direct action. Because national penal laws, including those governing abortion, generally extend only as far as territorial waters (12 miles), Women on Waves made plans to provide reproductive health services on a ship with a mobile clinic, including abortions, outside the territorial waters of countries where abortion is illegal. We went to Ireland first because it was nearby and there was a dedicated pro-choice community with immediate interest in and commitment to the project. Although we encountered problems that meant we could not do abortions, we were contacted by more than 300 women in five days and provided reproductive health information, contraception, workshops and information on where to obtain legal abortions in Europe. In many parts of the world an anti-abortion backlash is taking place. To safeguard our reproductive rights in the face of anti-abortion activities, it is crucial to recapture a pro-active, pro-choice role. Women on Waves helped to make visible the need for legal abortion services in Ireland, and the extensive class and other differences between women able to access abortions abroad and those who could not. We are currently attempting to resolve our status under Dutch law, but until women everywhere have the right to reproductive freedom, we will continue to make waves.

Comparative proteomic analysis of differentially expressed proteins between peripheral sensory and motor nerves.

PubMed

He, Qianru; Man, Lili; Ji, Yuhua; Zhang, Shuqiang; Jiang, Maorong; Ding, Fei; Gu, Xiaosong

2012-06-01

Peripheral sensory and motor nerves have different functions and different approaches to regeneration, especially their distinct ability to accurately reinervate terminal nerve pathways. To understand the molecular aspects underlying these differences, the proteomics technique by coupling isobaric tags for relative and absolute quantitation (iTRAQ) with online two-dimensional liquid chromatography tandem mass spectrometry (2D LC-MS/MS) was used to investigate the protein profile of sensory and motor nerve samples from rats. A total of 1472 proteins were identified in either sensory or motor nerve. Of them, 100 proteins showed differential expressions between both nerves, and some of them were validated by quantitative real time RT-PCR, Western blot analysis, and immunohistochemistry. In the light of functional categorization, the differentially expressed proteins in sensory and motor nerves, belonging to a broad range of classes, were related to a diverse array of biological functions, which included cell adhesion, cytoskeleton, neuronal plasticity, neurotrophic activity, calcium-binding, signal transduction, transport, enzyme catalysis, lipid metabolism, DNA-binding, synaptosome function, actin-binding, ATP-binding, extracellular matrix, and commitment to other lineages. The relatively higher expressed proteins in either sensory or motor nerve were tentatively discussed in combination with their specific molecular characteristics. It is anticipated that the database generated in this study will provide a solid foundation for further comprehensive investigation of functional differences between sensory and motor nerves, including the specificity of their regeneration.

Partner-Mediated Polymorphism of an Intrinsically Disordered Protein.

PubMed

Bignon, Christophe; Troilo, Francesca; Gianni, Stefano; Longhi, Sonia

2017-11-29

Intrinsically disordered proteins (IDPs) recognize their partners through molecular recognition elements (MoREs). The MoRE of the C-terminal intrinsically disordered domain of the measles virus nucleoprotein (N TAIL ) is partly pre-configured as an α-helix in the free form and undergoes α-helical folding upon binding to the X domain (XD) of the viral phosphoprotein. Beyond XD, N TAIL also binds the major inducible heat shock protein 70 (hsp70). So far, no structural information is available for the N TAIL /hsp70 complex. Using mutational studies combined with a protein complementation assay based on green fluorescent protein reconstitution, we have investigated both N TAIL /XD and N TAIL /hsp70 interactions. Although the same N TAIL region binds the two partners, the binding mechanisms are different. Hsp70 binding is much more tolerant of MoRE substitutions than XD, and the majority of substitutions lead to an increased N TAIL /hsp70 interaction strength. Furthermore, while an increased and a decreased α-helicity of the MoRE lead to enhanced and reduced interaction strength with XD, respectively, the impact on hsp70 binding is negligible, suggesting that the MoRE does not adopt an α-helical conformation once bound to hsp70. Here, by showing that the α-helical conformation sampled by the free form of the MoRE does not systematically commit it to adopt an α-helical conformation in the bound form, we provide an example of partner-mediated polymorphism of an IDP and of the relative insensitiveness of the bound structure to the pre-recognition state. The present results therefore contribute to shed light on the molecular mechanisms by which IDPs recognize different partners. Copyright © 2017 Elsevier Ltd. All rights reserved.

Humanitarian Assistance and Disaster Relief Policies in the Association of Southeast Asian Nations

DTIC Science & Technology

2015-06-01

became the first legally binding regional agreement on HA/DR.53 The purpose of the AADMER is to put a regional face on HA/DR. While many of the ASEAN...ASEAN ERAT was deployed for the first time.22 Ten days later, on May 19, the ERAT submitted a report back to a Special ASEAN Ministerial Meeting with... First , ASEAN is a relatively new participant in HA/DR. In the nine years between the 2004 Indian Ocean tsunami and Typhoon Haiyan, ASEAN went from

Dissecting Germ Cell Metabolism through Network Modeling.

PubMed

Whitmore, Leanne S; Ye, Ping

2015-01-01

Metabolic pathways are increasingly postulated to be vital in programming cell fate, including stemness, differentiation, proliferation, and apoptosis. The commitment to meiosis is a critical fate decision for mammalian germ cells, and requires a metabolic derivative of vitamin A, retinoic acid (RA). Recent evidence showed that a pulse of RA is generated in the testis of male mice thereby triggering meiotic commitment. However, enzymes and reactions that regulate this RA pulse have yet to be identified. We developed a mouse germ cell-specific metabolic network with a curated vitamin A pathway. Using this network, we implemented flux balance analysis throughout the initial wave of spermatogenesis to elucidate important reactions and enzymes for the generation and degradation of RA. Our results indicate that primary RA sources in the germ cell include RA import from the extracellular region, release of RA from binding proteins, and metabolism of retinal to RA. Further, in silico knockouts of genes and reactions in the vitamin A pathway predict that deletion of Lipe, hormone-sensitive lipase, disrupts the RA pulse thereby causing spermatogenic defects. Examination of other metabolic pathways reveals that the citric acid cycle is the most active pathway. In addition, we discover that fatty acid synthesis/oxidation are the primary energy sources in the germ cell. In summary, this study predicts enzymes, reactions, and pathways important for germ cell commitment to meiosis. These findings enhance our understanding of the metabolic control of germ cell differentiation and will help guide future experiments to improve reproductive health.

Low oxygen tension enhances endothelial fate of human pluripotent stem cells.

PubMed

Kusuma, Sravanti; Peijnenburg, Elizabeth; Patel, Parth; Gerecht, Sharon

2014-04-01

A critical regulator of the developing or regenerating vasculature is low oxygen tension. Precise elucidation of the role of low oxygen environments on endothelial commitment from human pluripotent stem cells necessitates controlled in vitro differentiation environments. We used a feeder-free, 2-dimensional differentiation system in which we could monitor accurately dissolved oxygen levels during human pluripotent stem cell differentiation toward early vascular cells (EVCs). We found that oxygen uptake rate of differentiating human pluripotent stem cells is lower in 5% O2 compared with atmospheric conditions. EVCs differentiated in 5% O2 had an increased vascular endothelial cadherin expression with clusters of vascular endothelial cadherin+ cells surrounded by platelet-derived growth factor β+ cells. When we assessed the temporal effects of low oxygen differentiation environments, we determined that low oxygen environments during the early stages of EVC differentiation enhance endothelial lineage commitment. EVCs differentiated in 5% O2 exhibited an increased expression of vascular endothelial cadherin and CD31 along with their localization to the membrane, enhanced lectin binding and acetylated low-density lipoprotein uptake, rapid cord-like structure formation, and increased expression of arterial endothelial cell markers. Inhibition of reactive oxygen species generation during the early stages of differentiation abrogated the endothelial inductive effects of the low oxygen environments. Low oxygen tension during early stages of EVC derivation induces endothelial commitment and maturation through the accumulation of reactive oxygen species, highlighting the importance of regulating oxygen tensions during human pluripotent stem cell-vascular differentiation.

Pharmaceutical Regulatory Framework in Ethiopia: A Critical Evaluation of Its Legal Basis and Implementation.

PubMed

Suleman, Sultan; Woliyi, Abdulkadir; Woldemichael, Kifle; Tushune, Kora; Duchateau, Luc; Degroote, Agnes; Vancauwenberghe, Roy; Bracke, Nathalie; De Spiegeleer, Bart

2016-05-01

Effective and enforceable national regulations describing the manufacture and (re)packaging, export and import, distribution and storage, supply and sale, information and pharmaco-vigilance of medicines are required to consistently ensure optimal patient benefit. Expansion of pharmaceutical industries in many countries with advancement in transport technologies facilitated not only trade of genuine pharmaceutical products but also the circulation of poor quality medicines across the globe. In Ethiopia, even though "The Pharmacists and Druggists Proclamation No 43/1942" was used to regulate both the professions and the facilities where they were practiced, comprehensive regulation of the pharmaceutical market was introduced in 1964 by a regulation called "Pharmacy Regulation No. 288/ 1964". This legislation formed the legal basis for official establishment of drug regulation in the history of Ethiopia, enabling the regulation of the practice of pharmacists, druggists and pharmacy technicians; manufacturing, distribution, and sale of medicines. In June 1999, a new regulation called the "Drug Administration and Control Proclamation No. 176/1999" repealed most parts of the regulation 288/1964. The law established an independent Drug Administration and Control Authority (DACA) with further mandate of setting standards of competence for licensing institutions/facilities. DACA was re-structured as Food, Medicine and Health Care Administration and Control Authority (EFMHACA) of Ethiopia by the "Proclamation No. 661/2009" in 2010 bearing additional responsibilities like regulation of food, health care personnel and settings. The mere existence of this legal framework does not guarantee complete absence of illegal, substandard and falsified products as well as illegal establishments in the pharmaceutical chain. Therefore, the objective of the research is to assess the pharmaceutical regulatory system in Ethiopia and to reveal possible reasons for deficiencies in the pharmaceutical chain. An archival review, an in-depth interview of key informants and an institutions-based cross-sectional survey study were conducted during March to April 2013. The comprehensiveness of the pharmaceutical law to protect public health relative to three selected African countries (South Africa, Tanzania and Uganda) and European Union, and implementation was assessed. The study revealed that Ethiopia does have a written national drug policy upon which the Medicines Regulatory Proclamation 661/2009 is based. According to this proclamation, the Ethiopian The Food, Medicines and Healthcare Administration and Control Authority is mandated to execute the regulatory activities as per the council of ministers regulation 189/2010. The legal framework for pharmaceutical regulation of Ethiopia was founded to fulfill all the medicines regulatory functions potentially enabling to combat illegal, substandard and falsified medicines and illegal establishments. Moreover, all the key informants witnessed that the government is commited and proclamation 661/2009 is comprehensive, but they stressed the compelling need of regulatory tools for effective implementation. From the institution-based cross-sectional study, it was revealed that there exist illegal sources formedicine in the pharmaceutical market. The main reasons for their existence were regulatory factors including weak regulatory enforcement (64.5%), lack of informal market control (60.8%), weak port control (50.0%), and poor cooperation between executive bodies (39.6%); and resource constraint (27.8%), which is an institutional factor. From legislative point of view, the medicines regulatory framework in Ethiopia fulfils all regulatory functions required for effective medicines regulation. However, the existence of the legislation by its own is not a guarantee to prevent the existence of unauthorized/illegal medicine sources since this requires effective implementation of the legislation, which is in fact affected by the governments political commitment, resource and intergovernmental cooperation.

[Hygiene and legal aspects of occupational exposure assessment to cytostatics].

PubMed

Kupczewska-Dobecka, Małgorzata; Pałaszewska-Tkacz, Anna; Czerczak, Sławomir; Konieczko, Katarzyna

2018-01-01

The employers responsibilities for the assessment of occupational exposure to cytostatics in the workplace were analyzed in the light of existing legal regulations. Cytostatics may pose a threat to health and life of workers taking care of patients treated oncologically, i.e., pharmacists, physicians, nurses and other personnel. The significant scale of occupational exposure to cytostatics in Poland is confirmed by the data collected in the Central Register of Data on Exposure to Carcinogenic or Mutagenic Substances, Mixtures, Agents or Technological Processes, maintained by the Nofer Institute of Occupational Medicine, Łódź, Poland. The issue of occupational risk assessment of exposure to cytostatics gives raise to numerous concerns. Polish regulations concerning health protection of employees occupationally exposed to cytostatics are not unequivocal, as they are derived from different areas of the law, especially those applying to hazard classification, labeling and preparation of safety data sheets for cytostatics. There are neither binding occupational exposure limits legally set for active compounds of antineoplastic drugs nor methods for monitoring of these substances concentrations in a worker's breathing zone and biological material. This prevents the employer to carry out the correct assessment of occupational exposure, the results of which are the basis for preparing the proper preventive strategy. In this article the consequences of amendments to the European chemical legislation for employers responsible for adequate protection of health and life of employees exposed to cytostatics, were discussed, as well as some legal changes aimed at a better health and life protection of workers exposed to cytostatics in a workplace were proposed. Med Pr 2018;69(1):77-92. This work is available in Open Access model and licensed under a CC BY-NC 3.0 PL license.

[The contribution of jurisprudential comparative law to the drawing up of an international custom in life sciences: the example of the status of the embryo].

PubMed

Sprumont, Dominique; Roduit, Guillaume; Hertig Pea, Agnès

2006-01-01

While medicine has made remarkable progress over the last decades, its development has also raised numerous ethical and legal issues. In this context, the question arises as to what framework is needed for research, organ transplants, and medically assisted reproduction. A balance has to be found between scientific freedom, the imperatives of public health and the protection of people ' welfare, rights and human dignity. Those questions have led to the adoption of multiple national laws as well as ethical and legal norms at the international level. The judiciary is also often involved in settling legal issues raised in this context, long before the legislature manages to provide a legislative or regulatory framework. In this analysis of the role of the judges in bioethics, the present paper aims at offering a comparative view of case law in different countries (France, Germany, Switzerland and the United Kingdom) concerning the status of the embryo. In life sciences, the status of the embryo is at the heart of the debate as it determines the very notion of human life. The hypothesis suggested by the organisers of the workshop fbr which this paper has been prepared was that a custom was emerging from national cases related to this question. Our analysis concerning the status of the embryo does not confirm this hypothesis. On the contrary, courts are reluctant to take the place of the legislature in dealing with this delicate issue. Even when judges take novel positions on the protection of the embryo, we can notice a wide range of judicial solutions that raise a serious doubt about the actual existence of an international custom that could be binding in the various legal orders.

[What is a "Considerable Damage to One's Health" in the Sense of German Guardianship Law?

PubMed

Steinert, Tilman; Heinz, Andreas; Hohl-Radke, Felix; Koller, Manfred; Müller, Jürgen; Müller, Sabine; Zinkler, Martin

2016-10-01

The term of a "considerable damage to one's health" is central in German guardianship law with respect to judge's decisions on involuntary commitment and coercive treatment. A legal definition has not been provided, and up to now no explanations from the part of medicine have been available what a "considerable damage to one's health" is in the case of mental illness and how it can be determined. A consensus paper of the German Association of Psychiatry and Psychotherapy (DGPPN) explains four possible scenarios of manifestation of such kind of damage, corresponding to somatic illnesses: evidence of structural brain lesions (rare), subjective suffering (sufficient, but not necessary), impairment of functioning in important areas of life, and severe impairment of social participation (e. g. by dangerous behaviour against others). This view corresponds with the WHO's bio-psycho-social concept of health. © Georg Thieme Verlag KG Stuttgart · New York.

The emergence of coherence over the course of decision making.

PubMed

Simon, D; Pham, L B; Le, Q A; Holyoak, K J

2001-09-01

Previous research has indicated that decision making is accompanied by an increase in the coherence of assessments of the factors related to the decision alternatives. In the present study, the authors investigated whether this coherence shift is obtained before people commit to a decision, and whether it is obtained in the course of a number of other processing tasks. College students were presented with a complex legal case involving multiple conflicting arguments. Participants rated agreement with the individual arguments in isolation before seeing the case and after processing it under various initial sets, including playing the role of a judge assigned to decide the case. Coherence shifts were observed when participants were instructed to delay making the decision (Experiment 1), to memorize the case (Experiment 2), and to comprehend the case (Experiment 3). The findings support the hypothesis that a coherence-generating mechanism operates in a variety of processing tasks, including decision making.

[Psychiatric security units in Norway. Patients and activity].

PubMed

Linaker, O M; Thoresen, R; Figenschou, L; Sølvberg, H; Refsnes, U; Jakobsen, D

1994-05-20

The authors briefly discuss past and present reasons for the psychiatric security unit system in Norway. They describe the patients in these units at the beginning of 1993 (N = 123). Of these patients, 16% were females, 78% had a main diagnosis of schizophrenia, and 12% were admitted because of personality disorders. Physical restraints had been used for 25%, pharmacological restraints for 17%, and forced pharmacological treatment had been necessary for 26% of the patients during the last six months. There were high rates of behaviour problems related to criminality, abuse, violence and auto-aggression. Nearly all the patients were committed involuntarily, and additional legal restrictions were imposed for one third of them. The majority (63%) of the patients had been in security units for more than one year. The highest levels of security within the security unit system were used for those with the most serious criminality or behaviour problems prior to admission.

Use of human rights to meet the unmet need for family planning.

PubMed

Cottingham, Jane; Germain, Adrienne; Hunt, Paul

2012-07-14

In this report, we describe how human rights can help to shape laws, policies, programmes, and projects in relation to contraceptive information and services. Applying a human rights perspective and recognising the International Conference on Population and Development and Millennium Development Goal commitments to universal access to reproductive health including family planning, we support measurement of unmet need for family planning that encompasses more groups than has been the case until recently. We outline how human rights can be used to identify, reduce, and eliminate barriers to accessing contraception; the ways in which human rights can enhance laws and policies; and governments' legal obligations in relation to contraceptive information and services. We underline the crucial importance of accountability of states and identify some of the priorities for making family planning available that are mandated by human rights. Copyright © 2012 Elsevier Ltd. All rights reserved.

Punishing hypocrisy: the roles of hypocrisy and moral emotions in deciding culpability and punishment of criminal and civil moral transgressors.

PubMed

Laurent, Sean M; Clark, Brian A M; Walker, Stephannie; Wiseman, Kimberly D

2014-01-01

Three experiments explored how hypocrisy affects attributions of criminal guilt and the desire to punish hypocritical criminals. Study 1 established that via perceived hypocrisy, a hypocritical criminal was seen as more culpable and was punished more than a non-hypocritical criminal who committed an identical crime. Study 2 expanded on this, showing that negative moral emotions (anger and disgust) mediated the relationships between perceived hypocrisy, criminal guilt, and punishment. Study 3 replicated the emotion finding from Study 2 using new scenarios where group agents were clearly aware of the hypocrisy of their actions, yet acted anyway. Again, perceived hypocrisy worked through moral emotions to affect criminal guilt and punishment. The current studies provide empirical support for theories relating hypocrisy and moral transgressions to moral emotions, also informing the literature on the role of moral emotions in moral reasoning and legal decision making.

Current status and standards for establishment of hemodialysis units in Korea

PubMed Central

Lee, Young-Ki; Kim, Kiwon

2013-01-01

The number of hemodialysis patients and dialysis facilities is increasing each year, but there are no surveillance programs validating that the services and equipment of each hemodialysis unit meet specified safety and quality standards. There is a concern that excessive competition and illegal activities committed by some dialysis facilities may violate patients' right to health. Contrastingly, developed countries often have their own survey program to provide initial certification and monitoring to ensure that these clinics continue to meet basic requirements. Because hemodialysis units provide renal replacement therapy to critical patients suffering from severe chronic renal failure, appropriate legal regulation is important for the provision of initial certification and maintenance of facility, equipment, and human resource quality. Therefore, several standards providing minimum requirements for the area of hemodialysis unit, equipment for emergency care, physician and nurse staffs, water purification and quality management are urgently needed. PMID:23682218

A Pressing Need for Pharmacotherapy Development to Treat Drug Addiction: An Editorial from a Legal Perspective.

PubMed

Andraka-Christou, B

2016-01-01

Only three FDA-approved pharmacological treatments exist for treating opiate dependence, all of which are underprescribed and underused. No FDA-approved pharmacological treatments exist for cocaine or methamphetamine dependence. More evidence-based, FDA-approved treatments are needed for treating drug dependence, but pharmaceutical companies are unlikely to pursue such research without government incentives. Today pharmaceutical companies primarily conduct research and development (R&D) related to "blockbuster" and rare diseases; drug dependence does not fall into either category. Further compounding the problem, pharmaceutical companies have been recently slashing risky areas of research, rather than adopting new areas. Fortunately, the government has a number of options to incentivize pharmaceutical R&D relating to drug dependence treatment, including the following: market exclusivity for new medications, tax breaks, priority review vouchers, liability reduction, and an advanced market commitment. © 2016 Elsevier Inc. All rights reserved.

Commentary: muddy diagnostic waters in the SVP courtroom.

PubMed

Prentky, Robert A; Coward, Anna I; Gabriel, Adeena M

2008-01-01

In this brief commentary, we address several of the points raised by Drs. First and Halon on the abuses of DSM diagnoses (APA, 2000) in civil commitment hearings of sex offenders. We discuss each of the elements in the three-step process proposed by First and Halon for reforming the diagnosis of paraphilias in SVP proceedings, paying particular attention to the role of volitional impairment. Both in spirit and in substance, we fundamentally agree with First and Halon, concluding that the misuse of science, inclusive of the misuse of the DSM, in the SVP courtroom is a variation of pretextuality. We commend First and Halon for drawing attention to a serious problem, one that undermines the integrity of the legal system in general and the SVP adjudicatory process in particular. We conclude with a warning that without firmer control from the courts, expert opinions will remain opaque and of questionable probative value.

Advocacy for strengthening civil registration and vital statistics.

PubMed

Upham, Susan; Mikkelsen, Lene

2012-04-01

This article has presented the key elements of the advocacy process and the steps to consider in developing an advocacy campaign. There are compelling reasons for engaging in advocacy, particularly as civil registration systems in many countries have progressed very little over the past 50 years. Lack of awareness of the benefits for individuals and governments has contributed to a vicious cycle of under development of civil registration and vital statistics systems. Advocates are needed across a range of sectors to persuade governments to make CRVS a priority and to work towards a greater political commitment and allocation of resources for establishing and improving systems. Advocating for better legal frameworks and policies that fully support a functioning and well-used CRVS system is needed. A selection of tools and resources has been included in this module to get you started in advocating for improvements in your CRVS system. Box 4 summarises some key considerations when developing your advocacy campaign.

The close relationships of Lesbians and gay men.

PubMed

Peplau, Letitia Anne; Fingerhut, Adam W

2007-01-01

This article reviews empirical studies of same-sex couples in the United States, highlighting consistent findings, drawing comparisons to heterosexual couples, and noting gaps in available research. U.S. Census data indicate that there were more than 600,000 same-sex couples living together in 2000. Research about relationship formation, the division of household labor, power, satisfaction, sexuality, conflict, commitment, and relationship stability is presented. Next, we highlight three recent research topics: the legalization of same-sex relationships through civil unions and same-sex marriage, the experiences of same-sex couples raising children, and the impact of societal prejudice and discrimination on same-sex partners. We conclude with comments about the contributions of empirical research to debunking negative stereotypes of same-sex couples, testing the generalizability of theories about close relationships, informing our understanding of gender and close relationships, and providing a scientific basis for public policy.

Eyes, bones and teeth in the 16th century Statute law of Rijeka.

PubMed

Milovic, Dorde; Milovic Karic, Grozdana

2008-01-01

The 16th century statute law or the town of Rijeka treats the eye in two ways. First, it stipulates a severe punishment for deliberate "eye-plucking". Second, for those who commit this crime, it specifies "eye-plucking" as a corporeal punishment (following the eye-for-an-eye principle).The 1530 Statute of Rijeka also pays considerable attention to the bones. Bone breaking by means of intentional or unintentional blow was fined 25 libras (pounds) for the following bones: thighbone, forearm and hand bones, lower leg bone, and foot bone. A fine of 10 libras applied for all other intentional or unintentional bone breaking by a blow. Legal protection of teeth involved a fine of five libras for each of the teeth blown out, and half the fine for a broken tooth. Both fines applied whether the offence was done on purpose or not.

Integrated vector management: the Zambian experience.

PubMed

Chanda, Emmanuel; Masaninga, Fred; Coleman, Michael; Sikaala, Chadwick; Katebe, Cecilia; Macdonald, Michael; Baboo, Kumar S; Govere, John; Manga, Lucien

2008-08-27

The Zambian Malaria Control Programme with the Roll Back Malaria (RBM) partners have developed the current National Malaria Strategic Plan (NMSP 2006-2011) which focuses on prevention based on the Integrated Vector Management (IVM) strategy. The introduction and implementation of an IVM strategy was planned in accordance with the World Health Organization (WHO) steps towards IVM implementation namely Introduction Phase, Consolidation Phase and Expansion Phase. IVM has created commitment for Legal and Regulatory policy review, monitoring, Research and a strong stewardship by the chemical suppliers. It has also leveraged additional resources, improved inter-sectoral collaboration, capacity building and enhanced community participation which facilitated a steady scaling up in coverage and utilisation of key preventive interventions. Thus, markedly reducing malaria incidence and case fatalities in the country. Zambia has successfully introduced, consolidated and expanded IVM activities. Resulting in increased coverage and utilization of interventions and markedly reducing malaria-related morbidity and mortality while ensuring a better protection of the environment.

The legitimacy of vaccine critics: what is left after the autism hypothesis?

PubMed

Kirkland, Anna

2012-02-01

The last dozen years have seen a massive transnational mobilization of the legal, political, and research communities in response to the worrisome hypothesis that vaccines could have a link to childhood autism and other developmental conditions. Vaccine critics, some already organized and some composed of newly galvanized parents, developed an alternate world of internally legitimating studies, blogs, conferences, publications, and spokespeople to affirm a connection. When the consensus turned against the autism hypothesis, these structures and a committed membership base unified all the organizations in resistance. This article examines the relationship between mobilization based on science and the trajectory of legitimacy vaccine criticism has taken. I argue that vaccine critics have run up against the limits of legitimate scientific argument and are now in the curious position of both doubling down on credibility-depleting stances and innovating new and possibly resonant formulations.

The importance of 'social responsibility' in the promotion of health.

PubMed

Semplici, Stefano

2011-11-01

The publication of the Report of the International Bioethics Committee of Unesco on Social responsibility and health provides an opportunity to reshape the conceptual framework of the right to health care and its practical implications. The traditional distinctions between negative and positive, civil-political and economic-social, legal and moral rights are to be questioned and probably overcome if the goal is to pursue 'the highest attainable standard of health' as a fundamental human right, that should as such be guaranteed to every human being. What we are called upon to, is the commitment not to exclude now and forever anyone from having access to the 'excellence' of scientific and medical progress. Therefore, the addressees of this 'responsibility' cannot be just the governments and the states within the limits of their 'jurisdiction'. The challenge is to tackle at the same time the social and global determinants of health.

Homicide in Brescia County (Northern Italy): a thirty-year review.

PubMed

Verzeletti, Andrea; Russo, Maria Cristina; Bin, Paola; Leide, Anna; De Ferrari, Francesco

2014-02-01

This retrospective study analyses post-mortem examination data of 251 homicide victims recorded by the Brescia Institute of Forensic Medicine between the years 1982 and 2012. The following variables were considered: year, month and day of death; gender, age and nationality of the victim; type of injurious mean; cause of death; homicide-suicides events; multiple murders; scene of death; toxicological data. Victims were usually young (30% was in the 21-30 years class) and males (64%). Although the victims were mostly Italians (73%), from 1990's more and more foreign victims appeared, following the migratory flow that affected Brescia County. The offenders frequently used firearms to kill their victims (41%), in particular for multiple murders. Sharp instruments were used mostly by foreigners. The study also emphasized 20 homicide-suicide events, mostly committed between intimates and family members. Copyright © 2013 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

[Antibiotic consumption and antimicrobial resistance in human and veterinary medicine : An overview of established national surveillance systems in Germany].

PubMed

Noll, Ines; Schweickert, Birgitta; Tenhagen, Bernd-Alois; Käsbohrer, Annemarie

2018-05-01

The German Antimicrobial Resistance Strategy (DART) assigns a key role in combatting and reducing the further development and spread of antimicrobial resistance to the setup and development of instruments for the monitoring and surveillance of antimicrobial resistance and antibiotic consumption. The strategy follows the One Health approach, which targets human and veterinary medicine alike. An ongoing collection of appropriate data on antimicrobial resistance and antibiotic consumption and its distribution in time and space, will provide the basis for the identification of problems, the deduction of interventions, and finally the evaluation of their effectiveness. This article presents an overview of established surveillance systems in human and veterinary medicine with a national scope, including those that enable Germany to meet its own legal commitments as well as those within European and international action plans.

Eukaryotic Initiation Factor (eIF) 4F Binding to Barley Yellow Dwarf Virus (BYDV) 3′-Untranslated Region Correlates with Translation Efficiency*

PubMed Central

Banerjee, Bidisha; Goss, Dixie J.

2014-01-01

Eukaryotic initiation factor (eIF) 4F binding to mRNA is the first committed step in cap-dependent protein synthesis. Barley yellow dwarf virus (BYDV) employs a cap-independent mechanism of translation initiation that is mediated by a structural BYDV translation element (BTE) located in the 3′-UTR of its mRNA. eIF4F bound the BTE and a translationally inactive mutant with high affinity, thus questioning the role of eIF4F in translation of BYDV. To examine the effects of eIF4F in BYDV translation initiation, BTE mutants with widely different in vitro translation efficiencies ranging from 5 to 164% compared with WT were studied. Using fluorescence anisotropy to obtain quantitative data, we show 1) the equilibrium binding affinity (complex stability) correlated well with translation efficiency, whereas the “on” rate of binding did not; 2) other unidentified proteins or small molecules in wheat germ extract prevented eIF4F binding to mutant BTE but not WT BTE; 3) BTE mutant-eIF4F interactions were found to be both enthalpically and entropically favorable with an enthalpic contribution of 52–90% to ΔG° at 25 °C, suggesting that hydrogen bonding contributes to stability; and 4) in contrast to cap-dependent and tobacco etch virus internal ribosome entry site interaction with eIF4F, poly(A)-binding protein did not increase eIF4F binding. Further, the eIF4F bound to the 3′ BTE with higher affinity than for either m7G cap or tobacco etch virus internal ribosome entry site, suggesting that the 3′ BTE may play a role in sequestering host cell initiation factors and possibly regulating the switch from replication to translation. PMID:24379412

Chemical submission to commit robbery: a series of involuntary intoxications with flunitrazepam in Asian travellers in Brussels.

PubMed

Ramadan, Ahmed S E; Wenanu, Ombawo; Cock, Axelle D E; Maes, Viviane; Lheureux, Philippe; Mols, Pierre

2013-10-01

Between January 17, 2003 and August 29, 2003, the Emergency Department admitted a patient who had been surreptitiously intoxicated and robbed of his valuables every Friday. The first cases were considered anecdotal, but criminal activity was rapidly suspected. The cohort includes 16 male Asian patients aged 28-50 years. All the victims had just arrived in Brussels through one of the main rail station of the town and were admitted via the emergency ambulance service from different locations in the centre of Brussels around the CHU Saint-Pierre Hospital. Haemodynamic parameters upon admission were within normal limits. The Glasgow Coma Scale was equal or higher than 9/15 in 14 of the 16 victims. Toxicology screening obtained in 12 patients revealed the presence of flunitrazepam, which was further quantified at levels ranging from 21 to 75 μg/l. One of the Japanese patients, who returned to Belgium afterwards for professional reasons, was approached by the police and accepted to press charges. This allowed the police to investigate and send undercover agents to the railway station on Friday afternoons and evenings. They found a person who was offering welcome cookies to Asian travellers. He arrived from Amsterdam and returned once his crime was committed. Flunitrazepam is well known as a rape drug. We report a series of victims in whom flunitrazepam was used to facilitate robbery. Copyright © 2013 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

Validating the client-focused considering work model for people living with HIV and quantifying phases of change of commitment to work.

PubMed

Conyers, Liza M; Boomer, K B

2017-06-01

The primary purpose of this study was to validate the client-focused considering work model and to gain a better understanding of the nature of the relationship among the four domains purported to influence the considering work process (medical, psychosocial, financial/legal and vocational). A second goal of the study was to quantify the relationship between these four domains and the phases of considering work (contemplation, preparation, action, resolution). Structural equation modeling was used to analyze data of 1702 diverse (43% Black, 31% White, 19% Latino 7% other) unemployed respondents who were recruited from AIDS Service Organizations (ASO) and networks across the United States to complete the National Working Positive Vocational Development and Employment Needs Survey (NWPC-VDENS). Overall the results of this study supported the validity of the client-focused considering work model and helped to provide a deeper level of understanding of the relationship among the domains of influence and their contribution to the level of commitment to the considering work process. Implications for Rehabilitation This model enables rehabilitation professionals to consider interventions for clients at different phases (contemplation, preparation, action) of considering work. Rehabilitation professionals are encouraged to provide prevocational services to engage people with HIV in the considering work process. When assisting PLWH within the considering work process, it is important to assess not only medical status but also psychosocial, financial and vocational concerns.

[Space-time suicide clustering in the community of Antequera (Spain)].

PubMed

Pérez-Costillas, Lucía; Blasco-Fontecilla, Hilario; Benítez, Nicolás; Comino, Raquel; Antón, José Miguel; Ramos-Medina, Valentín; Lopez, Amalia; Palomo, José Luis; Madrigal, Lucía; Alcalde, Javier; Perea-Millá, Emilio; Artieda-Urrutia, Paula; de León-Martínez, Victoria; de Diego Otero, Yolanda

2015-01-01

Approximately 3,500 people commit suicide every year in Spain. The main aim of this study is to explore if a spatial and temporal clustering of suicide exists in the region of Antequera (Málaga, España). Sample and procedure: All suicides from January 1, 2004 to December 31, 2008 were identified using data from the Forensic Pathology Department of the Institute of Legal Medicine, Málaga (España). Geolocalisation. Google Earth was used to calculate the coordinates for each suicide decedent's address. Statistical analysis. A spatiotemporal permutation scan statistic and the Ripley's K function were used to explore spatiotemporal clustering. Pearson's chi-squared was used to determine whether there were differences between suicides inside and outside the spatiotemporal clusters. A total of 120 individuals committed suicide within the region of Antequera, of which 96 (80%) were included in our analyses. Statistically significant evidence for 7 spatiotemporal suicide clusters emerged within critical limits for the 0-2.5 km distance and for the first and second semanas (P<.05 in both cases) after suicide. There was not a single subject diagnosed with a current psychotic disorder, among suicides within clusters, whereas outside clusters, 20% had this diagnosis (X2=4.13; df=1; P<.05). There are spatiotemporal suicide clusters in the area surrounding Antequera. Patients diagnosed with current psychotic disorder are less likely to be influenced by the factors explaining suicide clustering. Copyright © 2013 SEP y SEPB. Published by Elsevier España. All rights reserved.

[Abortion in unsafe conditions. Concealment, illegality, corruption and negligence].

PubMed

Ortiz Ortega, A

1993-01-01

"Abortion practiced under conditions of risk" is a phrase used to refer to illegal abortion. The phrase does not highlight the disappearance of risk when legislation changes. Rather, it calls attention to the fact that legal restrictions significantly increase dangers while failing to discourage women determined to terminate pregnancies. The International Planned Parenthood Federation defines abortion under conditions of risk as the use of nonoptimal technology, lack of counseling and services to orient the woman's decision and provide postabortion counseling, and the limitation of freedom to make the decision. The phrase encompasses concealment, illegality, corruption, and negligence. It is designed to impose a reproductive health perspective in response to an unresolved social conflict. Steps have been developed to improve the situation of women undergoing abortion even without a change in its legal status. Such steps include training and purchase of equipment for treatment of incomplete abortions and development of counseling and family planning services. The central difficulty of abortion induced in conditions of risk derives from the laws imposing the need for secrecy. In Mexico, the abortion decision belongs to the government and the society, while individual absorb the consequences of the practice of abortion. Public decision making about abortion is dominated by the concept that the female has an obligation to carry any pregnancy to term. Women who interfere with male descendency and practice a sexuality distinct from reproduction are made to pay a price in health and emotional balance. Resolution of the problem of abortion will require new concepts in terms of legal status, public health issues, and the rights of women. The problem becomes more pressing as abortion becomes more common in a country anxious to advance in the demographic transition. Only a commitment to the reproductive health of women and the full development of their rights as citizens will permit a favorable outcome to the problem.

Neuroprediction, Violence, and the Law: Setting the Stage

PubMed Central

Bibas, Stephanos; Grafton, Scott; Kiehl, Kent A.; Mansfield, Andrew; Sinnott-Armstrong, Walter; Gazzaniga, Michael

2014-01-01

In this paper, our goal is to (a) survey some of the legal contexts within which violence risk assessment already plays a prominent role, (b) explore whether developments in neuroscience could potentially be used to improve our ability to predict violence, and (c) discuss whether neuropredictive models of violence create any unique legal or moral problems above and beyond the well worn problems already associated with prediction more generally. In “Violence Risk Assessment and the Law”, we briefly examine the role currently played by predictions of violence in three high stakes legal contexts: capital sentencing (“Violence Risk Assessment and Capital Sentencing”), civil commitment hearings (“Violence Risk Assessment and Civil Commitment”), and “sexual predator” statutes (“Violence Risk Assessment and Sexual Predator Statutes”). In “Clinical vs. Actuarial Violence Risk Assessment”, we briefly examine the distinction between traditional clinical methods of predicting violence and more recently developed actuarial methods, exemplified by the Classification of Violence Risk (COVR) software created by John Monahan and colleagues as part of the MacArthur Study of Mental Disorder and Violence [1]. In “The Neural Correlates of Psychopathy”, we explore what neuroscience currently tells us about the neural correlates of violence, using the recent neuroscientific research on psychopathy as our focus. We also discuss some recent advances in both data collection (“Cutting-Edge Data Collection: Genetically Informed Neuroimaging”) and data analysis (“Cutting-Edge Data Analysis: Pattern Classification”) that we believe will play an important role when it comes to future neuroscientific research on violence. In “The Potential Promise of Neuroprediction”, we discuss whether neuroscience could potentially be used to improve our ability to predict future violence. Finally, in “The Potential Perils of Neuroprediction”, we explore some potential evidentiary (“Evidentiary Issues”), constitutional (“Constitutional Issues”), and moral (“Moral Issues”) issues that may arise in the context of the neuroprediction of violence. PMID:25083168

Early childhood development in Rwanda: a policy analysis of the human rights legal framework.

PubMed

Binagwaho, Agnes; Scott, Kirstin W; Harward, Sardis H

2016-01-12

Early childhood development (ECD) is a critical period that continues to impact human health and productivity throughout the lifetime. Failing to provide policies and programs that support optimal developmental attainment when such services are financially and logistically feasible can result in negative population health, education and economic consequences that might otherwise be avoided. Rwanda, with its commitment to rights-based policy and program planning, serves as a case study for examination of the national, regional, and global human rights legal frameworks that inform ECD service delivery. In this essay, we summarize key causes and consequences of the loss of early developmental potential and how this relates to the human rights legal framework in Rwanda. We contend that sub-optimal early developmental attainment constitutes a violation of individuals' rights to health, education, and economic prosperity. These rights are widely recognized in global, regional and national human rights instruments, and are guaranteed by Rwanda's constitution. Recent policy implementation by several Rwandan ministries has increased access to health and social services that promote achievement of full developmental potential. These ECD-centric activities are characterized by an integrated approach to strengthening the services provided by several public sectors. Combining population level activities with those at the local level, led by local community health workers and women's councils, can bolster community education and ensure uptake of ECD services. Realization of the human rights to health, education, and economic prosperity requires and benefits from attention to the period of ECD, as early childhood has the potential to be an opportunity for expedient intervention or the first case of human rights neglect in a lifetime of rights violations. Efforts to improve ECD services and outcomes at the population level require multisector collaboration at the highest echelons of government, as well as local education and participation at the community level.