Optimizing Outcome in the University-Industry Technology Transfer Projects

NASA Astrophysics Data System (ADS)

Alavi, Hamed; Hąbek, Patrycja

2016-06-01

Transferring inventions of academic scientists to private enterprises for the purpose of commercialization is long known as University-Industry (firm) Technology Transfer While the importance of this phenomenon is simultaneously raising in public and private sector, only a part of patented academic inventions succeed in passing the process of commercialization. Despite the fact that formal Technology Transfer process and licencing of patented innovations to third party is the main legal tool for safeguarding rights of academic inventors in commercialization of their inventions, it is not sufficient for transmitting tacit knowledge which is necessary in exploitation of transferred technology. Existence of reciprocal and complementary relations between formal and informal technology transfer process has resulted in formation of different models for university-industry organizational collaboration or even integration where licensee firms keep contact with academic inventors after gaining legal right for commercialization of their patented invention. Current paper argues that despite necessity for patents to legally pass the right of commercialization of an invention, they are not sufficient for complete knowledge transmission in the process of technology transfer. Lack of efficiency of formal mechanism to end the Technology Transfer loop makes an opportunity to create innovative interpersonal and organizational connections among patentee and licensee company. With emphasize on need for further elaboration of informal mechanisms as critical and underappreciated aspect of technology transfer process, article will try to answer the questions of how to optimize knowledge transmission process in the framework of University-Industry Technology Transfer Projects? What is the theoretical basis for university-industry technology transfer process? What are organization collaborative models which can enhance overall performance by improving transmission of knowledge in University- Firm Technology Transfer process?

Realizing Universal Health Coverage in East Africa: the relevance of human rights.

PubMed

Yamin, Alicia Ely; Maleche, Allan

2017-08-03

Applying a robust human rights framework would change thinking and decision-making in efforts to achieve Universal Health Coverage (UHC), and advance efforts to promote women's, children's, and adolescents' health in East Africa, which is a priority under the Sustainable Development Agenda. Nevertheless, there is a gap between global rhetoric of human rights and ongoing health reform efforts. This debate article seeks to fill part of that gap by setting out principles of human rights-based approaches (HRBAs), and then applying those principles to questions that countries undertaking efforts toward UHC and promoting women's, children's and adolescents' health, will need to face, focusing in particular on ensuring enabling legal and policy frameworks, establishing fair financing; priority-setting processes, and meaningful oversight and accountability mechanisms. In a region where democratic institutions are notoriously weak, we argue that the explicit application of a meaningful human rights framework could enhance equity, participation and accountability, and in turn the democratic legitimacy of health reform initiatives being undertaken in the region.

The National Health Service Knowledge and Skills Framework and its implications for continuing professional development in nursing.

PubMed

Gould, Dinah; Berridge, Emma-Jane; Kelly, Daniel

2007-01-01

The National Health Service Knowledge and Skills Framework has been introduced as part of the Agenda for Change Reforms in the United Kingdom to link pay and career progression to competency. The purpose of this paper is to consider the implications for nurses, their managers and the impact on university departments delivering continuing professional development for nurses. The new system has the potential to increase the human resources management aspect of the clinical nurse managers' role and could have legal implications, for example if practitioners perceive that their needs for continuing professional development have been overlooked to the detriment of their pay and career aspirations. The new system also has implications for providers of continuing professional development in the universities and is likely to demand closer liaison between education providers and trust staff who commission education and training. The Knowledge and Skills Framework is of interest to nurses and nurse educators internationally because the system, if effective, could be introduced elsewhere.

Access and benefits sharing of genetic resources and associated traditional knowledge in northern Canada: understanding the legal environment and creating effective research agreements

PubMed Central

Geary, Janis; Jardine, Cynthia G.; Guebert, Jenilee; Bubela, Tania

2013-01-01

Background Research in northern Canada focused on Aboriginal peoples has historically benefited academia with little consideration for the people being researched or their traditional knowledge (TK). Although this attitude is changing, the complexity of TK makes it difficult to develop mechanisms to preserve and protect it. Protecting TK becomes even more important when outside groups become interested in using TK or materials with associated TK. In the latter category are genetic resources, which may have commercial value and are the focus of this article. Objective This article addresses access to and use of genetic resources and associated TK in the context of the historical power-imbalances in research relationships in Canadian north. Design Review. Results Research involving genetic resources and TK is becoming increasingly relevant in northern Canada. The legal framework related to genetic resources and the cultural shift of universities towards commercial goals in research influence the environment for negotiating research agreements. Current guidelines for research agreements do not offer appropriate guidelines to achieve mutual benefit, reflect unequal bargaining power or take the relationship between parties into account. Conclusions Relational contract theory may be a useful framework to address the social, cultural and legal hurdles inherent in creating research agreements. PMID:23986896

Access and benefits sharing of genetic resources and associated traditional knowledge in northern Canada: understanding the legal environment and creating effective research agreements.

PubMed

Geary, Janis; Jardine, Cynthia G; Guebert, Jenilee; Bubela, Tania

2013-01-01

Research in northern Canada focused on Aboriginal peoples has historically benefited academia with little consideration for the people being researched or their traditional knowledge (TK). Although this attitude is changing, the complexity of TK makes it difficult to develop mechanisms to preserve and protect it. Protecting TK becomes even more important when outside groups become interested in using TK or materials with associated TK. In the latter category are genetic resources, which may have commercial value and are the focus of this article. This article addresses access to and use of genetic resources and associated TK in the context of the historical power-imbalances in research relationships in Canadian north. Review. Research involving genetic resources and TK is becoming increasingly relevant in northern Canada. The legal framework related to genetic resources and the cultural shift of universities towards commercial goals in research influence the environment for negotiating research agreements. Current guidelines for research agreements do not offer appropriate guidelines to achieve mutual benefit, reflect unequal bargaining power or take the relationship between parties into account. Relational contract theory may be a useful framework to address the social, cultural and legal hurdles inherent in creating research agreements.

Universal health coverage from multiple perspectives: a synthesis of conceptual literature and global debates.

PubMed

Abiiro, Gilbert Abotisem; De Allegri, Manuela

2015-07-04

There is an emerging global consensus on the importance of universal health coverage (UHC), but no unanimity on the conceptual definition and scope of UHC, whether UHC is achievable or not, how to move towards it, common indicators for measuring its progress, and its long-term sustainability. This has resulted in various interpretations of the concept, emanating from different disciplinary perspectives. This paper discusses the various dimensions of UHC emerging from these interpretations and argues for the need to pay attention to the complex interactions across the various components of a health system in the pursuit of UHC as a legal human rights issue. The literature presents UHC as a multi-dimensional concept, operationalized in terms of universal population coverage, universal financial protection, and universal access to quality health care, anchored on the basis of health care as an international legal obligation grounded in international human rights laws. As a legal concept, UHC implies the existence of a legal framework that mandates national governments to provide health care to all residents while compelling the international community to support poor nations in implementing this right. As a humanitarian social concept, UHC aims at achieving universal population coverage by enrolling all residents into health-related social security systems and securing equitable entitlements to the benefits from the health system for all. As a health economics concept, UHC guarantees financial protection by providing a shield against the catastrophic and impoverishing consequences of out-of-pocket expenditure, through the implementation of pooled prepaid financing systems. As a public health concept, UHC has attracted several controversies regarding which services should be covered: comprehensive services vs. minimum basic package, and priority disease-specific interventions vs. primary health care. As a multi-dimensional concept, grounded in international human rights laws, the move towards UHC in LMICs requires all states to effectively recognize the right to health in their national constitutions. It also requires a human rights-focused integrated approach to health service delivery that recognizes the health system as a complex phenomenon with interlinked functional units whose effective interaction are essential to reach the equilibrium called UHC.

[Individual rights vs public health in the fight against contagious diseases: proposals to improve the current legal framework].

PubMed

Salamero Teixidó, Laura

2016-11-01

The public health protection constitutional mandate requires public powers to protect the population from contagious diseases. This requires a legal framework that both protects public health effectively and respects individual rights and freedoms that could be undermined by the public administrations. This article analyses, from a legal perspective, the current legal framework regulating the adoption of health measures to protect public health against contagious diseases. It argues that current regulations generate legal uncertainty on the basis of the wide range of discretionary powers they give to the public administration and the lack of provisions for limiting these powers. As a result, the guarantee mechanisms (primarily judicial consent) only weakly protect the rights and freedoms of the citizens affected by health measures. To conclude, the article proposes several amendments to improve public health regulations related to contagious diseases. The purpose is to render a legal framework that offers more legal certainty, in which it is possible to protect individual rights and freedoms when measures are adopted, without sacrificing the effective protection of public health. Copyright © 2016 SESPAS. Publicado por Elsevier España, S.L.U. All rights reserved.

Examining the ethico-legal aspects of the right to refuse treatment in Turkey.

PubMed

Sert, Gurkan; Guven, Tolga

2013-10-01

This paper examines the ethico-legal problems regarding the right to refuse treatment in Turkey's healthcare system. We discuss these problems in the light of a recent case that was directly reported to us. We first summarise the experience of a chronically dependent patient (as recounted by her daughter) and her family during their efforts to refuse treatment and receive palliative care only. This is followed by a summary of the legal framework governing the limits of the right to refuse treatment in Turkey. With the help of this background information on the legal framework, we re-examine the ethico-legal aspects of the case and explain the underlying reasons for the problems the family and the patient experienced. Finally, we conclude that Turkey's legal framework relating to the right to refuse treatment needs to be clarified and amended in accordance with international conventions and fundamental human rights.

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

ERIC Educational Resources Information Center

Cameron, Craig; Klopper, Christopher

2015-01-01

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

Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts.

PubMed

Hajizadeh, Mohammad

2016-05-25

Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens' tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada's black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana. © 2016 by Kerman University of Medical Sciences.

[Legal framework and strategy of the tobacco industry in relation to tobacco advertising in Spain].

PubMed

Elder, J; Cortés Blanco, M; Sarriá Santamera, A

2000-01-01

Publicity is legally regulated in Spain, in order to avoid its misuse. Tobacco publicity is also under those regulation, having had the companies operating in this sector to adapt themselves through new strategies. In this work, the legal restrictions existing in Spain regarding publicity are analyzed, together with some of the strategies developed by tobacco companies in order to elude them. In this sense, and despite of the existing legal framework, it should be noticed that tobacco companies are cleverly taking advantage of the existence of legal loopholes in tobacco publicity to promote their products.

The Program Risks of Work-Integrated Learning: A Study of Australian University Lawyers

ERIC Educational Resources Information Center

Cameron, Craig; Freudenberg, Brett; Giddings, Jeff; Klopper, Christopher

2018-01-01

Work-integrated learning (WIL) is a risky business in higher education. The strategic opportunities that WIL presents for universities cannot be achieved without taking on unavoidable legal risks. University lawyers are involved with managing the legal risks as part of their internal delivery of legal services to universities. It is important to…

[Legal framework of postgraduate nursing education in spain].

PubMed

Fernández, B M

1996-01-01

Being part of the first report of the SEEIUC Forum on the training of nurses in critical care units, this article shows the different postgraduation training paths which Spanish legislation establishes. The "Titulos Oficiales de Especialización Profesional" ("Official Degrees on Professional Specialization") settle the seven nursing specialties regulated by the Decreto 992/1987. Following a second path, "Titulos de Postgraduado no Oficiales" ("Non-official postgraduation degrees"), every University acknowledged by the LRU and creating them as their Own Degrees, may organize Master courses, University experts, University specialists and Postgraduation university degrees, according to their autonomy. So that this autonomous offer is as homogeneous as possible, there is an interuniversity agreement which encompasses 24 national universities and gathers the general criteria for the academic organization of such courses. The report is completed by an analysis of the training offer for critical care nursing, developed during the 1995/1996 course in Spain.

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.

17 CFR 39.27 - Legal risk considerations.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 17 Commodity and Securities Exchanges 1 2014-04-01 2014-04-01 false Legal risk considerations. 39... CLEARING ORGANIZATIONS Compliance with Core Principles § 39.27 Legal risk considerations. (a) Legal... by the appropriate foreign licensing authority. (b) Legal framework. A derivatives clearing...

What Role Do Croatian Higher Institution Play? A Study on University Civic Mission

ERIC Educational Resources Information Center

Ledic, Jasminka; Culum, Bojana; Nuzdic, Sandra; Jancec, Lucija

2008-01-01

The paper examines civic mission of higher education analyzing legal prerequisites for establishing civic engagement at Croatian universities, as well as students' experiences and attitudes on important aspects of university activities. The analysis of legal acts indicates insufficient usage of given legislation. Legal regulations, which recommend…

Clinical research with children: the European legal framework and its implementation in French and Italian law.

PubMed

Altavilla, Annagrazia

2008-07-01

According to the International Convention of the Rights of the Child, an improvement of the protection of the rights of children in Europe should be accomplished by inserting the principle of best interests and evolving capacities in the legal framework related to paediatric clinical research. In this article, an overview is given of the European legal framework governing clinical research on minors in a comparative approach. The lack of coordination between different International and European ethical/ legal statements and its impact on national legislations is evaluated by analyzing provisions that have been foreseen in Italy and in France as a result of the ratification/implementation process. A presentation of the perspectives of paediatric research in Europe is provided.

Legal Knowledge as a Tool for Social Change: La Mesa por la Vida y la Salud de las Mujeres as an Expert on Colombian Abortion Law.

PubMed

González Vélez, Ana Cristina; Jaramillo, Isabel Cristina

2017-06-01

In May 2006, Colombia's Constitutional Court liberalized abortion, introducing three circumstances under which the procedure would not be considered a crime: (1) rape or incest; (2) a risk to the woman's health or life; and (3) fetal malformations incompatible with life. Immediately following the court's ruling, known as Sentence C-355, members of La Mesa por la Vida y Salud de las Mujeres (hereinafter La Mesa) began to mobilize to ensure the decision's implementation, bearing in mind the limited impact that the legal framework endorsed by the court has had in other countries in the region. We argue that La Mesa's strategy is an innovative one in the field of legal mobilization insofar as it presumes that law can be shaped not just by public officials and universities but also by social actors engaged in the creation and diffusion of legal knowledge. In this regard, La Mesa has become a legal expert on abortion by accumulating knowledge about the multiple legal rules affecting the practice of abortion and about the situations in which these rules are to be applied. In addition, by becoming a legal expert, La Mesa has been able to persuade health providers that they will not risk criminal prosecution or being fired if they perform abortions. We call this effect of legal mobilization a "pedagogical effect" insofar as it involves the production of expertise and appropriation of knowledge by health professionals. We conclude by discussing La Mesa's choice to become a legal expert on abortion as opposed to recruiting academics to do this work or encouraging women to produce and disseminate this knowledge.

Legal Knowledge as a Tool for Social Change

PubMed Central

González Vélez, Ana Cristina; Jaramillo, Isabel Cristina

2017-01-01

Abstract In May 2006, Colombia’s Constitutional Court liberalized abortion, introducing three circumstances under which the procedure would not be considered a crime: (1) rape or incest; (2) a risk to the woman’s health or life; and (3) fetal malformations incompatible with life. Immediately following the court’s ruling, known as Sentence C-355, members of La Mesa por la Vida y Salud de las Mujeres (hereinafter La Mesa) began to mobilize to ensure the decision’s implementation, bearing in mind the limited impact that the legal framework endorsed by the court has had in other countries in the region. We argue that La Mesa’s strategy is an innovative one in the field of legal mobilization insofar as it presumes that law can be shaped not just by public officials and universities but also by social actors engaged in the creation and diffusion of legal knowledge. In this regard, La Mesa has become a legal expert on abortion by accumulating knowledge about the multiple legal rules affecting the practice of abortion and about the situations in which these rules are to be applied. In addition, by becoming a legal expert, La Mesa has been able to persuade health providers that they will not risk criminal prosecution or being fired if they perform abortions. We call this effect of legal mobilization a “pedagogical effect” insofar as it involves the production of expertise and appropriation of knowledge by health professionals. We conclude by discussing La Mesa’s choice to become a legal expert on abortion as opposed to recruiting academics to do this work or encouraging women to produce and disseminate this knowledge. PMID:28630545

Which lessons can we learn from the European Union legal framework of medicines for the regulation of direct-to-consumer genetic tests?

PubMed

van Hellemondt, Rachèl; Hendriks, Aart; Breuning, Martijn

2012-01-01

The legal framework of the European Union (EU) for regulating access to and supply of direct-to-consumer (DTC) genetic tests is very liberal compared to the legal and regulatory framework for (internet) medicines. Nevertheless, both health related products can cause equally serious damage to the well being of individuals. In this contribution we examine whether the legal framework of the EU for the safety and responsible use of (internet) medicines could be an example for regulating access to and supply of DTC genetic tests. The EU laws governing medicines can, notwithstanding their shortcomings, serve as an example for (central) authorising the marketing of DTC genetic tests on the internal market in accordance with strict criteria regarding predictive value and clinical usefulness. Furthermore, a legal framework controlling DTC genetic tests also should introduce system supervision as well as quality criteria with respect to the information to be provided to consumers in order to enhance health protection. However, DTC genetic tests purchased through online ordering are difficult to supervise by any agency. Adequately protecting individuals against questionable testing kits calls for international vigilance and comprehensive measures by the international community. For Europe, it is important to rank the regulation of DTC genetic tests on the European regulatory agenda.

Globalization of public health law and ethics.

PubMed

Sohn, Myongsei

2012-09-01

The Constitution of the World Health Organization (1946) states that the "enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social position." The international legal framework for this right was laid by the Universal Declaration of Human Rights (1948) and reaffirmed in the International Covenant on Economic, Social, and Cultural Rights (1966) and the Declaration of Alma-Ata (1978). In recent years, the framework has been developed on 10 key elements: national and international human rights, laws, norms, and standards; resource constraints and progressive realization; obligations of immediate effect; freedoms and entitlements; available, accessible, acceptable, and good quality; respect, protect, and fulfill; non-discrimination, equality, and vulnerability; active and informed participation; international assistance and cooperation; and monitoring and accountability. Whereas public health law plays an essential role in the protection and promotion of the right to health, the emergence of SARS (2003) highlighted the urgent need to reform national public health laws and international obligations relating to public health in order to meet the new realities of a globalized world, leading to the WHO Framework Convention on Tobacco Control (2003) and the revision of the WHO International Health Regulations (2005). The Asian Institute for Bioethics and Health Law, in conjunction with the Republic of Korea's Ministry of Health and Welfare and the WHO International Digest of Health Legislation, conducted a comparative legal analysis of national public health laws in various countries through a project entitled Domestic Profiles of Public/Population Health Legislation (2006), which underscored the importance of recognizing the political and social contexts of distinct legal cultures, including Western, Asian, Islamic, and African.

Taiwan Regulation of Biobanks.

PubMed

Fan, Chien-Te; Hung, Tzu-Hsun; Yeh, Chan-Kun

2015-01-01

This paper introduces legal framework and governance structure in relation to the management and development of biobanks in Taiwan. At first, we briefly describe Taiwan's population, political system and health care system. Secondly, this research introduces biobanking framework of Taiwan including 25 biobanks established with the approval of the Ministry of Health and Welfare. In those biobanks, "Taiwan Biobank" is the first and the largest government-supported biobank which comprises population-based cohort study and disease- oriented study. Since the collection of information, data, and biological specimen of biobanks often involve highly sensitive personal information, in the legal framework of Taiwan, there is a specific regulation, "Human Biobank Management Act" (HBMA), which plays an important role in regulating biobanks in Taiwan. HBMA, the Personal Information Act and other regulations constitute a comprehensive legal and regulatory privacy framework of biobanks. Through the introduction and analysis of the current legal framework applicable to biobanks, we found that there are several challenges that need to be solved appropriately that involve duplicate review systems, the obstacles in the international collaboration, and data sharing between biobanks in Taiwan. © 2015 American Society of Law, Medicine & Ethics, Inc.

Student Disciplinary Issues: A Legal Compendium.

ERIC Educational Resources Information Center

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

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

HIV vaccine research--South Africa's ethical-legal framework and its ability to promote the welfare of trial participants.

PubMed

Strode, Ann; Slack, Catherine; Mushariwa, Muriel

2005-08-01

An effective ethical-legal framework for the conduct of research is critical. We describe five essential components of such a system, review the extent to which these components have been realised in South Africa, present brief implications for the ethical conduct of clinical trials of HIV vaccines in South Africa and make recommendations. The components of an effective ethical-legal system that we propose are the existence of scientific ethical and policy-making structures that regulate research; research ethics committees (RECs) that ethically review research; national ethical guidelines and standards; laws protecting research participants; and mechanisms to enforce and monitor legal rights and ethical standards. We conclude that the ethical-legal framework has, for the most part, the necessary institutions, and certain necessary guidelines but does not have many of the laws needed to protect and promote the rights of persons participating in research, including HIV vaccine trials. Recommendations made include advocacy measures to finalise and implement legislation, development of regulations, analysis and comparison of ethical guidelines, and the development of measures to monitor ethical-legal rights at trial sites.

Research to Advance the Development of River Information Services (RIS) Technologies

DTIC Science & Technology

2016-12-01

RIS implementation in Europe. Both the legal as well as the technical framework are been presented and analyzed. Special attention has been given to...and legal environments on both continents and take into account the organ- izational situation in the U.S. and the existing capabilities. Research...rective” Europe has set the legal and technical framework which guarantees harmonized implementation of RIS in all member states as well as a minimum

Urban Form, Health, and the Law’s Limits

PubMed Central

Buzbee, William W.

2003-01-01

Urban form, the law, and health are undoubtedly linked. However, nonlegal factors such as 20th-century reliance on the automobile as well as associated governmental actions and private investment choices have greatly influenced urban form, especially urban sprawl. The American system of federalism, with its traditional allocation of land-use legal authority to local governments, and resulting fragmented legal authority over causes and effects of urban sprawl, renders difficult legal efforts to reshape urban form. Legal frameworks and the dynamics and effects of urban sprawl are largely mismatched. Still, existing legal frameworks and modest legal reforms provide means to encourage or at least allow urban forms that are more conducive to health. However, the law will not easily transform urban form and deter urban sprawl. PMID:12948950

Comparative Attitudes of University Students and School Teachers on the Use and Legalization of Marijuana

ERIC Educational Resources Information Center

Paul, Madanjit K.

1977-01-01

Explored use of marijuana and attitudes toward its legalization among university students and school teachers in Alberta. Students had more permissive attitudes toward marijuana use and its legalization as compared to teachers. Significant relationships were found between drug use and age and legalization of marijuana and sex and religiosity.…

Privacy protection and public goods: building a genetic database for health research in Newfoundland and Labrador

PubMed Central

Pullman, Daryl; Perrot-Daley, Astrid; Hodgkinson, Kathy; Street, Catherine; Rahman, Proton

2013-01-01

Objective To provide a legal and ethical analysis of some of the implementation challenges faced by the Population Therapeutics Research Group (PTRG) at Memorial University (Canada), in using genealogical information offered by individuals for its genetics research database. Materials and methods This paper describes the unique historical and genetic characteristics of the Newfoundland and Labrador founder population, which gave rise to the opportunity for PTRG to build the Newfoundland Genealogy Database containing digitized records of all pre-confederation (1949) census records of the Newfoundland founder population. In addition to building the database, PTRG has developed the Heritability Analytics Infrastructure, a data management structure that stores genotype, phenotype, and pedigree information in a single database, and custom linkage software (KINNECT) to perform pedigree linkages on the genealogy database. Discussion A newly adopted legal regimen in Newfoundland and Labrador is discussed. It incorporates health privacy legislation with a unique research ethics statute governing the composition and activities of research ethics boards and, for the first time in Canada, elevating the status of national research ethics guidelines into law. The discussion looks at this integration of legal and ethical principles which provides a flexible and seamless framework for balancing the privacy rights and welfare interests of individuals, families, and larger societies in the creation and use of research data infrastructures as public goods. Conclusion The complementary legal and ethical frameworks that now coexist in Newfoundland and Labrador provide the legislative authority, ethical legitimacy, and practical flexibility needed to find a workable balance between privacy interests and public goods. Such an approach may also be instructive for other jurisdictions as they seek to construct and use biobanks and related research platforms for genetic research. PMID:22859644

Privacy protection and public goods: building a genetic database for health research in Newfoundland and Labrador.

PubMed

Kosseim, Patricia; Pullman, Daryl; Perrot-Daley, Astrid; Hodgkinson, Kathy; Street, Catherine; Rahman, Proton

2013-01-01

To provide a legal and ethical analysis of some of the implementation challenges faced by the Population Therapeutics Research Group (PTRG) at Memorial University (Canada), in using genealogical information offered by individuals for its genetics research database. This paper describes the unique historical and genetic characteristics of the Newfoundland and Labrador founder population, which gave rise to the opportunity for PTRG to build the Newfoundland Genealogy Database containing digitized records of all pre-confederation (1949) census records of the Newfoundland founder population. In addition to building the database, PTRG has developed the Heritability Analytics Infrastructure, a data management structure that stores genotype, phenotype, and pedigree information in a single database, and custom linkage software (KINNECT) to perform pedigree linkages on the genealogy database. A newly adopted legal regimen in Newfoundland and Labrador is discussed. It incorporates health privacy legislation with a unique research ethics statute governing the composition and activities of research ethics boards and, for the first time in Canada, elevating the status of national research ethics guidelines into law. The discussion looks at this integration of legal and ethical principles which provides a flexible and seamless framework for balancing the privacy rights and welfare interests of individuals, families, and larger societies in the creation and use of research data infrastructures as public goods. The complementary legal and ethical frameworks that now coexist in Newfoundland and Labrador provide the legislative authority, ethical legitimacy, and practical flexibility needed to find a workable balance between privacy interests and public goods. Such an approach may also be instructive for other jurisdictions as they seek to construct and use biobanks and related research platforms for genetic research.

[The 20th century legal framework regarding risk at work and occupational health in Colombia].

PubMed

Arango-Soler, Juan M; Luna-García, Jairo E; Correa-Moreno, Yerson A; Campos, Adriana C

2013-01-01

Analyzing the 20th century Colombian legal framework from the point of view of labor law, social security and public health for identifying concepts regarding occupational health and professional risk and trying to establish convergence and differences between such foci and whether they fulfilled a complementary view. This work involved documentary research by means of thematic categorical analysis of the laws and statutes promulgated in 20th century Colombia, considering the main element or entity which should have regulated that related to professional risk or occupational health. The development of the 20th century Colombian legal framework regarding health at work was periodized, revealing the predominance of a view of social law focused on protecting dependent workers' work-related risks, as part of a tendency extending to the Colombian Sistema General de Riesgos Laborales. The proposed stages used for organizing the legal framework concerning social security regarding professional risk and occupational health facilitated some important elements being recognized concerning the social, legal and institutional context from which workers' health laws emerged. Tension was noted concerning statutes orientated towards redress and compensation regarding accidents at work and legislation emphasizing prevention.

[Capacity of the legal framework of public health institutions in Mexico to support their functional integration].

PubMed

Ibarra, Ignacio; Martínez, Gabriel; Aguilera, Nelly; Orozco, Emanuel; Fajardo-Dolci, Germán E; González-Block, Miguel A

2013-01-01

Evaluate the capacity of the federal legal framework to govern financing of health institutions in the public sector through innovative schemes--otherwise known as functional integration--, enabling them to purchase and sell health services to and from other public providers as a strategy to improve their performance. Based on indicators of normative alignment with respect to functional integration across public health provider and governance institutions, content analysis was undertaken of national health programs and relevant laws and guidelines for financial coordination. Significant progress was identified in the implementation of agreements for the coordination of public institutions. While the legal framework provides for a National Health System and a health sector, gaps and contradictions limit their scope. The General Register of Health is also moving forward, yet it lacks the necessary legal foundation to become a comprehensive tool for integration. The medical service exchange agreements are also moving forward based on tariffs and shared guidelines. However, there is a lack of incentives to promote the expansion of these agreements. It is recommended to update the legal framework for the coordination of the National Health System, ensuring a more harmonious and general focus to provide functional integration with the needed impulse.

New constitutionalism and the social reproduction of caring institutions.

PubMed

Gill, Stephen; Bakker, Isabella

2006-01-01

This essay analyzes neo-liberal economic agreements and legal and political frameworks or what has been called the "new constitutionalism," a governance framework that empowers market forces to reshape economic and social development worldwide. The article highlights some consequences of new constitutionalism for caring institutions specifically, and for what feminists call social reproduction more generally: the biological reproduction of the species; the reproduction of labor power; and the reproduction of social institutions and processes associated with the creation and maintenance of communities. New constitutional governance frameworks fundamentally reshape conditions under which the care of human beings takes place. Caring institutions once governed by enabling professions geared to universal care are now determined increasingly by market values and private forces, and driven directly by the profit motive. This is one of the reasons why neo-liberalism is increasingly contested in both the North and the global South.

Policy Brief: What is the Legal Framework for Automated Vehicles in Texas?

DOT National Transportation Integrated Search

2017-11-01

During the 85th Texas Legislature in 2017, Texas enacted a law related to automated vehicles. The bill, SB 2205, creates the legal framework for automated vehicle operation and testing in Texas. Although this law addresses a number of issues that can...

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

Precision medicine: opportunities, possibilities, and challenges for patients and providers.

PubMed

Adams, Samantha A; Petersen, Carolyn

2016-07-01

Precision medicine approaches disease treatment and prevention by taking patients' individual variability in genes, environment, and lifestyle into account. Although the ideas underlying precision medicine are not new, opportunities for its more widespread use in practice have been enhanced by the development of large-scale databases, new methods for categorizing and representing patients, and computational tools for analyzing large datasets. New research methods may create uncertainty for both healthcare professionals and patients. In such situations, frameworks that address ethical, legal, and social challenges can be instrumental for facilitating trust between patients and providers, but must protect patients while not stifling progress or overburdening healthcare professionals. In this perspective, we outline several ethical, legal, and social issues related to the Precision Medicine Initiative's proposed changes to current institutions, values, and frameworks. This piece is not an exhaustive overview, but is intended to highlight areas meriting further study and action, so that precision medicine's goal of facilitating systematic learning and research at the point of care does not overshadow healthcare's goal of providing care to patients. © The Author 2016. Published by Oxford University Press on behalf of the American Medical Informatics Association. All rights reserved. For Permissions, please email: journals.permissions@oup.com.

Cross-border issues in the development of medical tourism in Malaysia: legal challenges and opportunities.

PubMed

Nemie, Puteri; Kassim, Jahn

2009-08-01

Strategically located at the crossroads of Asia, Malaysia has become one of the key players in the fast-growing and lucrative market for health care services in Asia. Medical travel across international boundaries has been made possible through affordable airfares and the favourable exchange rates of the Malaysian ringgit has contributed to the rise of the "medical tourism phenomenon" where medical travel is combined with visiting popular tourist destinations in Malaysia. Further, competitive medical fees and modern medical facilities have also made Malaysia a popular destination for medical tourists. Nevertheless, the increased number of foreign patients has opened up possibilities of Malaysian health care providers being subjected to malpractice claims and triggering a myriad of cross-border legal issues. Presently, there is no internationally accepted legal framework to regulate medical tourism and issues of legal redress in relation to unsatisfactory provision of treatment across international boundaries. The economic benefits of medical tourism must be based upon a solid legal regulatory framework and strong ethical standards as well as upon high-quality medical and health care services. It is therefore important to assess the existing legal framework affecting the development of medical tourism in Malaysia in order to explore the gaps, deficiencies and possibilities for legal and regulatory reform.

[Assessment of legal capacity and testamentary capacity].

PubMed

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

2014-11-01

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

A proposed legal framework for addressing privacy for patient controlled health records in pediatrics.

PubMed

Bourgeois, Fabienne; Taylor, Patrick; Mandl, Kenneth

2006-01-01

Patient controlled health records(PCHRs) provide widespread and flexible access to integrated medical information. Unique legal challenges arise where the patient is a minor. Variations in laws and statutes concerning minor's rights to privacy and confidentiality, and institutions' local interpretations of them, need to be integrated in the principles governing PCHRs. We propose a legal framework to guide the development of access policies for PCHRs to ensure appropriate privacy and confidentiality protection surrounding minors.

WHO'S IN CHARGE? THE RELATIONSHIP BETWEEN MEDICAL LAW, MEDICAL ETHICS, AND MEDICAL MORALITY?

PubMed

Foster, Charles; Miola, José

2015-01-01

Medical law inevitably involves decision-making, but the types of decisions that need to be made vary in nature, from those that are purely technical to others that contain an inherent ethical content. In this paper we identify the different types of decisions that need to be made, and explore whether the law, the medical profession, or the individual doctor is best placed to make them. We also argue that the law has failed in its duty to create a coherent foundation from which such decision-making might properly be regulated, and this has resulted in a haphazard legal framework that contains no consistency. We continue by examining various medico-legal topics in relation to these issues before ending by considering the risk of demoralisation. © The Author 2015. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

Privacy, Trainee Rights, and Accountability in Radiology Education.

PubMed

Pfeifer, Cory M

2017-06-01

Academic radiologists commonly hold multiple simultaneous roles within the landscape of physician training. This paper analyzes theoretical scenarios describing relationships between medical students, residents, and physician educators in radiology. The scenarios presented involve medical student supervision, radiology resident recruitment, and resident termination with respect to relevant ethical, regulatory, and legal considerations. Legal precedents and the medical social contract are addressed. The Family Educational Rights and Privacy Act defines a framework for the privacy practices of medical schools, but it does not confer individual rights. Resident physicians rarely win wrongful termination lawsuits. Physician educators are ethically bound to act in the best interest of society. Courts have ruled that medicine is intended to be a self-regulatory profession. Such a power requires that physicians remain accountable to the public while providing a fair learning environment for medical trainees. Copyright © 2017 The Association of University Radiologists. Published by Elsevier Inc. All rights reserved.

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.

University of Minnesota Constitutional Autonomy. A Legal Analysis.

ERIC Educational Resources Information Center

McKnight, Deborah K.

This discussion of the special legal status of the University of Minnesota, known as constitutional autonomy, defines this status, states the rationale for the principle, and describes the relevant territorial act and constitutional provision. The main part of the legal analysis examines Minnesota court cases which addressed the issue of the…

Legal and institutional foundations of adaptive environmental governance

PubMed Central

DeCaro, Daniel A.; Chaffin, Brian C.; Schlager, Edella; Garmestani, Ahjond S.; Ruhl, J.B.

2018-01-01

Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship. PMID:29780428

Legal and institutional foundations of adaptive environmental governance.

PubMed

DeCaro, Daniel A; Chaffin, Brian C; Schlager, Edella; Garmestani, Ahjond S; Ruhl, J B

2017-03-17

Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship.

The Freedom to Learn: Experiences of Students without Legal Status Attending Freedom University

ERIC Educational Resources Information Center

Muñoz, Susana M.; Espino, Michelle M.

2017-01-01

This article focuses on an in-depth case study of Freedom University, a counterspace in Georgia to address the ban that prohibited students without legal status from applying to five selective colleges/universities. Based on interviews with eight Freedom University students, the authors demonstrate that Freedom University fulfills most of the…

The Incorporation of National Universities in Japan: Initial Reactions of the New National University Corporations

ERIC Educational Resources Information Center

Oba, Jun

2005-01-01

In April 2004, all national universities, which had previously been legally subordinate to MEXT (Ministry of Education, Sports and Culture), were given a legal personality and became "National University Corporations". With this change, each national university now enjoys greater autonomy vis-a-vis the government in terms of how it uses…

[Required Framework for the Collection of Real-life Data: An Example from University Eye Hospital Munich].

PubMed

Kortüm, Karsten; Kern, Christoph; Meyer, Gerhard; Priglinger, Siegfried; Hirneiß, Christoph

2017-12-01

Background The importance of evaluating real-life data is constantly increasing. Currently available computer systems better allow for analyses of data, as more and more data is available in a digital form. Before a project for real-life data analyses is started, technical considerations and staff, legal, and data protection procedures need to be addressed. In this manuscript, experiences made at the University Eye Hospital in Munich will be shared. Materials and Methods Legal requirements, as found in laws and guidelines governing documentation and data privacy, are highlighted. Technical requirements for information technology infrastructure and software are defined. A survey conducted by the German Ophthalmological Society, among German eye hospitals investigating the current state of digitalization, was conducted. Also, staff requirements are outlined. Results A database comprising results of 330,801 patients was set up. It includes all diagnoses, procedures, clinical findings and results from diagnostic devices. This database was approved by the local data protection officer. In less than half of German eye hospitals (n = 21) that participated in the survey (n = 54), a complete electronic documentation is done. Fourteen institutions are completely paper-based, and the remainder of the hospitals used a mixed system. Conclusion In this work, we examined the framework that is required to develop a comprehensive database containing real-life data from clinics. In future, these databases will become increasingly important as more and more innovation are made in decision support systems. The base for this is comprehensive and well-curated databases. Georg Thieme Verlag KG Stuttgart · New York.

Same-Sex Couples: Legal Complexities

ERIC Educational Resources Information Center

Oswald, Ramona Faith; Kuvalanka, Katherine A.

2008-01-01

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

Analysis of public policies in favor of the elderly people in Senegal: state of legal protection.

PubMed

Ka, Ousseynou; Seck, Ibrahima; Coumé, Mamadou; Thiongane, Bassirou; Mbaye, El Hadji; Dia, Anta Tal

2018-03-01

Senegal will be spared by phenomenon of population ageing, which will surely have socioeconomic and cultural consequences that will not be easy to tackle, as all sectors will be affected. In regard to legal protection, there are not any special legal acts for the elderly as is the case for children and women. They are treated just as responsible adults whose legal status is the same as everyone else. As far as the framework of legal protection of elderly people is concerned, Senegal has ratified all international and regional means and mecanisms for the protection of the rights of the elderly. In addition, the authorities have adopted policies and programs that favor taking charge of old people's interests. At the present, Senegal possesses a legal framework for the protection of its elderly people. So the matter is about creating new rights, because even the existing rights are not known to their beneficiaries. What is important is to ensure that the elderly fully enjoy their rights in the same way as the other members of society. It is wise, therefore, to put in place plan for information, public awareness and communication concerning the legal regulating framework. Thus, Senegal could be regarded as a pioneer in terms of the protection the elderly, and these leading programs can represent models for the countries of the region, whose social, sanitary and economic contexts are similar.

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.

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…

The Legal Effect of College and University Policies Prohibiting Romantic Relationships between Students and Professors.

ERIC Educational Resources Information Center

Hutchens, Neal

2003-01-01

Examines motivations prompting colleges and universities to adopt consensual relationship policies. Considers the continuum of standards available and contemplates the form of potential legal challenges. Concludes that clearly grounding a policy to a school's educational mission results in a policy arguably better able to withstand legal scrutiny.…

The Social and Legal Status of Gay and Lesbian Students: An Update for Colleges and Universities.

ERIC Educational Resources Information Center

Liddell, Debora L.; Douvanis, Costas J.

1994-01-01

Describes current social and legal status of gay students. Examines scope of the problem; defines legal issues; and cites relevant cases regarding students' rights of association, access to university services/facilities, and privacy. Discusses homosexuality as "illegal act" and notes differences between private and public institutions. Discusses…

Law and University Administration in Nigeria.

ERIC Educational Resources Information Center

Ojo, J. D.

This book examines the legal issues and problems surrounding the administration of higher education in Nigeria. It focuses on the need for each university to have a legal unit to handle the legal problems of staff, students, and those in the neighboring community. Further, it addresses the problems currently found within the academic community…

International Law as Remedy: When the State Breaches Child Protection Statutes

ERIC Educational Resources Information Center

Bessant, Judith

2011-01-01

While legislative frameworks prescribe the legal obligations of the parents to protect and nurture their children, there is no equivalent legal framework requiring and sanctioning the conduct of agents of the state who act in loco parentis. In consequence some children continue to be "at risk" and may even be in greater danger once the…

The Official Web Site of The United States Navy Judge Advocate General's

Science.gov Websites

with the very best in legal services: Legal Services Tax Information Claims » Admiralty Claims VWAP to Service, Committed to Excellence framework Home | About Us | News | Careers | Legal Services

Implications of the ethical-legal framework for adolescent HIV vaccine trials--report of a consultative forum.

PubMed

Slack, Catherine; Strode, Ann; Grant, Catherine; Milford, Cecilia

2005-09-01

The ethical-legal framework in South Africa is in a period of transition, with a number of new developments changing the substantive principles and procedures for health research in the country. Some of the changing dynamics include both law reform and the review of ethical guidelines. This changing environment poses many complexities for researchers, research ethics committees and participating communities involved in planning, implementing and reviewing research with child participants, including HIV vaccine trials. This paper presents the major themes and outcomes of a consultative meeting convened by the HIV AIDS Vaccines Ethics Group in July 2004 for key stakeholder groups. At this forum participants discussed the complexities posed by a transitional and sometimes contradictory ethical-legal framework and how the framework could be improved to simultaneously promote critical research and the welfare of child participants.

Legal frameworks and key concepts regulating diversion and treatment of mentally disordered offenders in European Union member states.

PubMed

Dressing, Harald; Salize, Hans Joachim; Gordon, Harvey

2007-10-01

There is only limited research on the various legal regulations governing assessment, placement and treatment of mentally ill offenders in European Union member states (EU-member states). To provide a structured description and cross-boundary comparison of legal frameworks regulating diversion and treatment of mentally disordered offenders in EU-member states before the extension in May 2004. A special focus is on the concept of criminal responsibility. Information on legislation and practice concerning the assessment, placement and treatment of mentally ill offenders was gathered by means of a detailed, structured questionnaire which was filled in by national experts. The legal regulations relevant for forensic psychiatry in EU-member states are outlined. Definitions of mental disorders given within these acts are introduced and compared with ICD-10 diagnoses. Finally the application of the concept of criminal responsibility by the law and in routine practice is presented. Legal frameworks for the processing and placement of mentally disordered offenders varied markedly across EU-member states. Since May 2004 the European Union has expanded to 25 member states and in January 2007 it will reach 27. With increasing mobility across Europe, the need for increasing trans-national co-operation is becoming apparent in which great variation in legal tradition pertains.

Linked health data for pharmacovigilance in children: perceived legal and ethical issues for stakeholders and data guardians.

PubMed

Hopf, Yvonne Marina; Bond, Christine B; Francis, Jill J; Haughney, John; Helms, Peter J

2014-02-12

The inclusion of the Community Health Index in the recording of National Health Service (NHS) contacts in Scotland facilitates national linkage of data such as prescribing and healthcare utilisation. This linkage could be the basis for identification of adverse drug reactions. The aim of this article is to report the views of healthcare professionals on data sharing, ownership and the legal and other applicable frameworks relevant to linkage of routinely collected paediatric healthcare data. Qualitative study using semistructured face-to-face interviews addressing the study aims. Purposive sample of professional stakeholders (n=25) including experts on ethics, data protection, pharmacovigilance, data linkage, legal issues and prescribing. Interviews were audio-recorded, transcribed and thematically analysed using a framework approach. Participants identified existing data sharing systems in the UK. Access to healthcare data should be approved by the data owners. The definition of data ownership and associated legal responsibilities for linked healthcare data were seen as important factors to ensure accountability for the use of linked data. Yet data owners were seen as facilitators of the proposed data linkage. Twelve frameworks (legal, regulatory and governance) applicable to the linkage of healthcare data were identified. A large number of potentially relevant legal and regulatory frameworks were identified. Ownership of the linked data was seen as an extension of responsibility for, or guardianship of, the source datasets. The consensus emerging from the present study was that clarity is required on the definition of data sharing, data ownership and responsibilities of data owners.

Case Study: University of Anyplace: Strategic Legal Risk Review.

ERIC Educational Resources Information Center

Hall, John T.; Ferguson, Rowan

2000-01-01

Considers legal issues and risks faced by a fictional American university as it seeks to establish an operation based in London. Addresses the first step in the process of risk management, the risk review exercise, and provides an explanation of the legal issues involved to allow progression to the second stage in the process (evaluation of the…

Political Activities of Colleges and Universities: Some Policy and Legal Implications.

ERIC Educational Resources Information Center

Bork, Robert H.; And Others

The relationship of tax law and the politicization of the university is discussed in an effort to make university personnel aware of possible legal penalties involved in political action. The effect of political activities on university tax exemption is reviewed in relation to the policy section of Section 510 (3) of the Internal Revenue Code,…

The Legal Framework for Inclusion of Students with Disabilities: A Comparative Analysis of Japan and the United States

ERIC Educational Resources Information Center

Nagano, Mayumi; Weinberg, Lois A.

2012-01-01

Japan faces an educational challenge even after the start of a new special education system (Tokubetsushienkyouiku). This article addresses the legal framework of the special education system in Japan and analyzes the issues needed to be addressed to reinforce the inclusion of children with disabilities in public regular school settings. The…

Causes of drug shortages in the legal pharmaceutical framework.

PubMed

De Weerdt, Elfi; Simoens, Steven; Hombroeckx, Luc; Casteels, Minne; Huys, Isabelle

2015-03-01

Different causes of drug shortages can be linked to the pharmaceutical legal framework, such as: parallel trade, quality requirements, economic decisions to suspend or cease production, etc. However until now no in-depth study of the different regulations affecting drug shortages is available. The aim of this paper is to provide an analysis of relevant legal and regulatory measures in the European pharmaceutical framework which influence drug shortages. Different European and national legislations governing human medicinal products were analyzed (e.g. Directive 2001/83/EC and Directive 2011/62/EU), supplemented with literature studies. For patented drugs, external price referencing may encompass the largest impact on drug shortages. For generic medicines, internal or external reference pricing, tendering as well as price capping may affect drug shortages. Manufacturing/quality requirements also contribute to drug shortages, since non-compliance leads to recalls. The influence of parallel trade on drug shortages is still rather disputable. Price and quality regulations are both important causes of drug shortages or drug unavailability. It can be concluded that there is room for improvement in the pharmaceutical legal framework within the lines drawn by the EU to mitigate drug shortages. Copyright © 2015 Elsevier Inc. All rights reserved.

Ethical, legal, social, and policy issues in the use of genomic technology by the U.S. Military

PubMed Central

Mehlman, Maxwell J.; Li, Tracy Yeheng

2014-01-01

Advances in genomic science are attracting the interest of the U.S. military for their potential to improve medical care for members of the military and to aid in military recruitment, training, specialization, and mission accomplishment. While researchers have explored the ethical, legal, and social issues raised by the use of genomic science in a wide variety of contexts, there has been virtually no examination of these issues in connection with the use of genomics by the military. This article identifies potential uses of genomic science by the military, proposes an applicable ethical and legal framework, and applies the framework to provide ethical and legal guidance for military decision-makers. PMID:25937933

Legal and Institutional Foundations of Adaptive Environmental ...

EPA Pesticide Factsheets

Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship. Adaptation typically emerges organically among m

[Psychiatric medication as restraint: between autonomy and protection, is there place for a legal framework?].

PubMed

Bernheim, Emmanuelle

2010-01-01

The use of chemical restraint has been regulated for the past ten years in Quebec. However, clinical, ethical and legal issues, sometimes contradictory, have not really been considered during the legislative process leading to consolidation in its current form. The author supports that, because of the absence of consent and the effects of medication, a specific legal framework to the use of medication is necessary in a context of unplanned intervention to protect both patients and medical staff. This framework would prescribe good practice, take into account the non-medical aspects of consent to care and formalize the practice as an exception to the rule. In addition, the symbolism of law, through which social solidarity can be expressed, must not be underestimated.

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.

Legal Linguistics as a Mutual Arena for Cooperation: Recent Developments in the Field of Applied Linguistics and Law

ERIC Educational Resources Information Center

Engberg, Jan

2013-01-01

This article reports on some of the recent projects and individual works in the field of Legal Linguistics as examples of cooperation between Applied Linguistics and law. The article starts by discussing relevant prototypical concepts of Legal Linguistics. Legal Linguistics scrutinizes interactions between human beings in the framework of legal…

A sampling design framework for monitoring secretive marshbirds

USGS Publications Warehouse

Johnson, D.H.; Gibbs, J.P.; Herzog, M.; Lor, S.; Niemuth, N.D.; Ribic, C.A.; Seamans, M.; Shaffer, T.L.; Shriver, W.G.; Stehman, S.V.; Thompson, W.L.

2009-01-01

A framework for a sampling plan for monitoring marshbird populations in the contiguous 48 states is proposed here. The sampling universe is the breeding habitat (i.e. wetlands) potentially used by marshbirds. Selection protocols would be implemented within each of large geographical strata, such as Bird Conservation Regions. Site selection will be done using a two-stage cluster sample. Primary sampling units (PSUs) would be land areas, such as legal townships, and would be selected by a procedure such as systematic sampling. Secondary sampling units (SSUs) will be wetlands or portions of wetlands in the PSUs. SSUs will be selected by a randomized spatially balanced procedure. For analysis, the use of a variety of methods as a means of increasing confidence in conclusions that may be reached is encouraged. Additional effort will be required to work out details and implement the plan.

“Better Not to Know?”: Justifiable Limits on the Right to Information in the Realm of DTC Genetic Testing. An Analysis of the European and Spanish Legal Framework.

PubMed

Martínez Otero, Juan María

2017-04-01

The rapid advance of genetics increases the availability in the market of different genetic tests, which can be acquired directly by consumers without the intermediation of a healthcare professional. Both the European and the Spanish legal framework have restricted the access to these direct-to-consumer (DTC) genetic tests on the grounds of different reasons, such as the protection of consumers or the preservation of public health. The present article discusses these legal restrictions under the light of the right to information.

Research Interactions between Industry and Higher-Education: An Examination of the Major Legal Issues Involved in Four Representative Contracts.

ERIC Educational Resources Information Center

Reams, Bernard Dinsmore

The use of complex research agreements for joint research activities between industry and universities is assessed, with attention to the legal rights of the contracting parties. The focus is research relationships between a university and a company or an individual scientist and industry. The historical development and legal foundation of…

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

PubMed

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

2014-09-01

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

The role of institutional design and organizational practice for health financing performance and universal coverage.

PubMed

Mathauer, Inke; Carrin, Guy

2011-03-01

Many low- and middle income countries heavily rely on out-of-pocket health care expenditure. The challenge for these countries is how to modify their health financing system in order to achieve universal coverage. This paper proposes an analytical framework for undertaking a systematic review of a health financing system and its performance on the basis of which to identify adequate changes to enhance the move towards universal coverage. The distinctive characteristic of this framework is the focus on institutional design and organizational practice of health financing, on which health financing performance is contingent. Institutional design is understood as formal rules, namely legal and regulatory provisions relating to health financing; organizational practice refers to the way organizational actors implement and comply with these rules. Health financing performance is operationalized into nine generic health financing performance indicators. Inadequate performance can be caused by six types of bottlenecks in institutional design and organizational practice. Accordingly, six types of improvement measures are proposed to address these bottlenecks. The institutional design and organizational practice of a health financing system can be actively developed, modified or strengthened. By understanding the incentive environment within a health financing system, the potential impacts of the proposed changes can be anticipated. Copyright © 2010 Elsevier Ireland Ltd. All rights reserved.

Disability rights in the context of HIV and AIDS: a critical review of nineteen Eastern and Southern Africa (ESA) countries.

PubMed

Hanass-Hancock, Jill; Grant, Catherine; Strode, Ann

2012-01-01

Many Eastern and Southern African (ESA) states are obliged to review and amend their legal frameworks with regards to disability since signing and ratifying the UN Convention on the Rights of Persons with Disabilities (CRPD). The HIV epidemic is one of the main health concerns in the region and is becoming increasingly associated with causing disabilities. In addition, people with disabilities are particularly at risk of exposure to HIV. Despite this, HIV programming has not yet included the interrelationship of disability and HIV. The principles within the CRPD may create much-needed international pressure and so provide a platform for the integration and inclusion of disability into HIV policies and programs. This paper is based on a review of the legal framework in relation to HIV and disability in 19 ESA countries. It identifies 12 key articles of the Convention, which are particularly relevant to the interrelationship of HIV and disability. The paper assesses how these are integrated in the region's disability or HIV legal frameworks and identifies the main gaps within these legal systems. While many country's constitutions, disability and HIV laws protect certain key rights, such as the rights to equality and nondiscrimination, employment and health, there are clear gaps in the legal responses to disability and HIV. In particular, legal frameworks fail to provide adequately for accessibility, mobility and access to justice and protection from violence for people with disabilities. This results in limited protection for people with disabilities from HIV exposure and access to services to address HIV-related health and welfare needs. The paper identifies the gaps and makes recommendations for implementing steps toward the integration of disability into HIV-related laws, policies and programs.

In-House or in Court? Legal Challenges to University Decisions

ERIC Educational Resources Information Center

Kamvounias, Patty; Varnham, Sally

2006-01-01

Every day, decisions are made in universities that affect students. When a decision adversely affects a particular student, what means of redress does that student have? The circumstances in which a student has a legal claim against their university are generally unclear. Courts have traditionally tended to draw a distinction between "purely…

Development of physiotherapy inherent requirement statements - an Australian experience.

PubMed

Bialocerkowski, Andrea; Johnson, Amanda; Allan, Trevor; Phillips, Kirrilee

2013-04-16

The United Nations Convention on the Rights of People with Disabilities promotes equal rights of people with a disability in all aspects of their life including their education. In Australia, Disability Discrimination legislation underpins this Convention. It mandates that higher education providers must demonstrate that no discrimination has occurred and all reasonable accommodations have been considered and implemented, to facilitate access and inclusion for a student with a disability. The first step to meeting legislative requirements is to provide students with information on the inherent requirements of a course. This paper describes the steps which were taken to develop inherent requirement statements for a 4-year entry-level physiotherapy program at one Australian university. Inherent requirement statements were developed using an existing framework, which was endorsed and mandated by the University. Items which described inherencies were extracted from Australian physiotherapy professional standards and statutory regulatory requirements, and units contained in the physiotherapy program. Data were integrated into the 8 prescribed domains: ethical behaviour, behavioural stability, legal, communication, cognition, sensory abilities, strength and mobility, and sustainable performance. Statements for each domain were developed using a 5-level framework (introductory statement, description of the inherent requirement, justification for inherency, characteristics of reasonable adjustments and exemplars) and reviewed by a University Review Panel. Refinement of statements continued until no further changes were required. Fifteen physiotherapy inherent requirement statements were developed. The eight domains identified in the existing framework, developed for Nursing, were relevant to the study of physiotherapy. The inherent requirement statements developed in this study provide a transparent, defensible position on the current requirements of physiotherapy study at one Australian university. These statements are transferable to other physiotherapy programs in Australia due to standardised physiotherapy accreditation requirements. The model and framework could be applied to other health professional courses and used to explore the physiotherapy inherent requirements from an international perspective.

Development of physiotherapy inherent requirement statements – an Australian experience

PubMed Central

2013-01-01

Background The United Nations Convention on the Rights of People with Disabilities promotes equal rights of people with a disability in all aspects of their life including their education. In Australia, Disability Discrimination legislation underpins this Convention. It mandates that higher education providers must demonstrate that no discrimination has occurred and all reasonable accommodations have been considered and implemented, to facilitate access and inclusion for a student with a disability. The first step to meeting legislative requirements is to provide students with information on the inherent requirements of a course. This paper describes the steps which were taken to develop inherent requirement statements for a 4-year entry-level physiotherapy program at one Australian university. Case presentation Inherent requirement statements were developed using an existing framework, which was endorsed and mandated by the University. Items which described inherencies were extracted from Australian physiotherapy professional standards and statutory regulatory requirements, and units contained in the physiotherapy program. Data were integrated into the 8 prescribed domains: ethical behaviour, behavioural stability, legal, communication, cognition, sensory abilities, strength and mobility, and sustainable performance. Statements for each domain were developed using a 5-level framework (introductory statement, description of the inherent requirement, justification for inherency, characteristics of reasonable adjustments and exemplars) and reviewed by a University Review Panel. Refinement of statements continued until no further changes were required. Fifteen physiotherapy inherent requirement statements were developed. The eight domains identified in the existing framework, developed for Nursing, were relevant to the study of physiotherapy. Conclusions The inherent requirement statements developed in this study provide a transparent, defensible position on the current requirements of physiotherapy study at one Australian university. These statements are transferable to other physiotherapy programs in Australia due to standardised physiotherapy accreditation requirements. The model and framework could be applied to other health professional courses and used to explore the physiotherapy inherent requirements from an international perspective. PMID:23590219

Regulating the for-profit private healthcare providers towards universal health coverage: A qualitative study of legal and organizational framework in Mongolia.

PubMed

Tsevelvaanchig, Uranchimeg; Narula, Indermohan S; Gouda, Hebe; Hill, Peter S

2018-01-01

Regulating the behavior of private providers in the context of mixed health systems has become increasingly important and challenging in many developing countries moving towards universal health coverage including Mongolia. This study examines the current regulatory architecture for private healthcare in Mongolia exploring its role for improving accessibility, affordability, and quality of private care and identifies gaps in policy design and implementation. Qualitative research methods were used including documentary review, analysis, and in-depth interviews with 45 representatives of key actors involved in and affected by regulations in Mongolia's mixed health system, along with long-term participant observation. There has been extensive legal documentation developed regulating private healthcare, with specific organizations assigned to conduct health regulations and inspections. However, the regulatory architecture for healthcare in Mongolia is not optimally designed to improve affordability and quality of private care. This is not limited only to private care: important regulatory functions targeted to quality of care do not exist at the national level. The imprecise content and details of regulations in laws inviting increased political interference, governance issues, unclear roles, and responsibilities of different government regulatory bodies have contributed to failures in implementation of existing regulations. Copyright © 2017 John Wiley & Sons, Ltd.

Italy enacts new law on medically assisted reproduction.

PubMed

Boggio, Andrea

2005-05-01

In 2004, the Italian Parliament enacted a law regulating medically assisted reproduction. Although the law recognizes as legal certain assisted reproduction techniques, several other procedures are implicitly or expressly banned: oocyte and sperm donation, using embryos for the scientific research purposes and reproductive cloning. In this article, I outline the new legal framework, pointing out some of the shortcomings of its provisions, such as the failure to define what an 'embryo' is, the contradictions between this law and the law on abortion, the opportunity for Italian couples to circumvent some of the prohibitions by resorting to 'reproductive tourism', and the central role that physicians play in the new legal framework.

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.

Legal Issues in Higher Education.

ERIC Educational Resources Information Center

Branton, Wiley A.

1984-01-01

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

The socio-legal acceptance of new technologies: a close look at artificial insemination.

PubMed

Bernstein, Gaia

2002-10-01

Heated debates often surround the introduction of an important new technology into society, as exemplified by current controversies surrounding human cloning and privacy protection on the Internet. Underlying these controversies are disruptions to central socio-legal values caused by these new technologies. Whether new technologies will eventually be accepted by society is often contingent on the reaction of the legal system. This mandates the formulation of a conceptual framework for understanding and structuring the way the law should react in cases surrounding the adoption of new technologies. By using the case study of artificial insemination this Article develops the tools for structuring the legal role in the acceptance process of new technologies. The three-century controversy surrounding the innovation of artificial insemination results from the innovations' disruption of the socio-legal value of the family. Artificial Insemination--although invented in the eighteenth-century--was rarely used until the 1930s, and only legalized in the 1960s. Its application to surrogacy and its use by unmarried women extends the controversy into the twenty-first century. The case study demonstrates the nature of the relationship among the technological, social and legal acceptance processes of new technologies, and analyzes the legal acceptance debate. The conceptual framework produced is useful in understanding and structuring the legal role in current debates surrounding the introduction and acceptance of new technologies.

Induced abortion.

PubMed

2017-06-01

Abortion is common. Data on abortion rates are inexact but can be used to explore trends. Globally, the estimated rate in the period 2010-2014 was 35 abortions per 1000 women (aged 15-44 years), five points less than the rate of 40 for the period 1990-1994. Abortion laws vary around the world but are generally more restrictive in developing countries. Restrictive laws do not necessarily deter women from seeking abortion but often lead to unsafe practice with significant mortality and morbidity. While a legal framework for abortion is a prerequisite for availability, many laws, which are not evidence based, restrict availability and delay access. Abortion should be available in the interests of public health and any legal framework should be as permissive as possible in order to promote access. In the absence of legal access, harm reduction strategies are needed to reduce abortion-related mortality and morbidity. Abortion can be performed surgically (in the first trimester, by manual or electric vacuum aspiration) or with medication: both are safe and effective. Cervical priming facilitates surgery and reduces the risk of incomplete abortion. Diagnosis of incomplete abortion should be made on clinical grounds, not by ultrasound. Septic abortion is a common cause of maternal death almost always following unsafe abortion and thus largely preventable. While routine follow-up after abortion is unnecessary, all women should be offered a contraceptive method immediately after the abortion. This, together with improved education and other interventions, may succeed in reducing unintended pregnancy. © The Author 2017. Published by Oxford University Press on behalf of the European Society of Human Reproduction and Embryology. All rights reserved. For Permissions, please e-mail: journals.permissions@oup.com.

Ethical and legal framework and regulation for off-label use: European perspective.

PubMed

Lenk, Christian; Duttge, Gunnar

2014-01-01

For more than 20 years the off-label use of drugs has been an essential part of the ethical and legal considerations regarding the international regulation of drug licensing. Despite a number of regulatory initiatives in the European Union, there seems to remain a largely unsatisfactory situation following a number of critical descriptions and statements from actors in the field. The present article gives an overview of the ethical and legal framework and developments in European countries and identifies existing problems and possible pathways for solutions in this important regulatory area. In addition to the presentation of the ethical and legal foundations, some attention is given to criticisms from medical practitioners to the current handling of off-label drug use. The review also focuses on the situation confronted by patients and physicians when off-label prescriptions are necessary. Through legal descriptions from a number of countries, possible solutions for future discussion of European health care policy are selected and explained.

Cancer drug development and the evolving regulatory framework for companion diagnostics in the European union.

PubMed

Pignatti, Francesco; Ehmann, Falk; Hemmings, Robert; Jonsson, Bertil; Nuebling, Micha; Papaluca-Amati, Marisa; Posch, Martin; Rasi, Guido

2014-03-15

The European Union (EU) legal framework for medical device regulation is currently under revision. The European Commission has proposed a new framework to ensure that medical devices serve the needs and ensure the safety of European citizens, aiming for a framework that is fit for purpose, more transparent, and better adapted to scientific and technological progress. The proposed new framework is described as an evolution of the current regime keeping the same legal approach. An important proposed change is that companion diagnostics will no longer be considered as low risk and subject to self-certification by the manufacturer. According to the new proposal, companion diagnostics will be classified as high individual risk or moderate public health risk (category C) and require conformity assessment by a notified body. It has also been proposed that evidence of the clinical utility of the device for the intended purpose should be required for companion diagnostics. In this article, we review the EU legal framework relevant for companion diagnostics, describe the proposed changes, and summarize the available scientific guidance from the European Medicines Agency and its regulatory experience with cancer drug development including companion diagnostics. See all articles in this CCR Focus section, "The Precision Medicine Conundrum: Approaches to Companion Diagnostic Co-development." ©2014 AACR.

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.

[Legal medicine specialists within the framework of acute care : Analysis of legal medicine consultations in relation to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt].

PubMed

Pliske, G; Heide, S; Lucas, B; Brandstädter, K; Walcher, F; Kropf, S; Lessig, R; Piatek, S

2018-05-01

In acute medical care, there are patients who have been injured by the influence of others. The aim of this study was to analyze all cases which were presented to the Institute for Legal Medicine of the University Halle (Saale). The cases where analyzed in relation to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt. The consultations of the Institute for Legal Medicine Halle-Wittenberg for 2012-2015 were evaluated with regard to the age and gender distribution, the reasons for the consultation and time until the request for consultations. These cases were statistically compared to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt 2014-2015. A total of 536 cases (55.6% male and 44.4% female patients) were evaluated. In all, 62.1% of patients were under 18 years of age; 43.5% of all consultations were requested by pediatric (surgery) clinics. The most common reasons for consultation were sexual child abuse or violence against children (50.7%). Compared to the victims' statistics, significantly more children were examined by legal medicine specialists than could have been expected (p < 0.001). In adult patients, the most common causes for consultation were acts of violence (20.4%) and domestic violence (10.1%). Among adults, significantly more women and fewer men were presented than expected (p = 0.001). There were only a small number of consultations of legal medicine specialists in relation to the victims' statistics. Most of them were children and women. The temporal latency between the act of violence and the consultations was one day and more. The latency and the renunciation of the consultation of the legal medicine specialists can lead to loss of evidence.

Genetically modified organisms: an analysis of the regulatory framework currently employed within the European Union.

PubMed

Gent, R N

1999-09-01

Genetic engineering technology is starting to bring many commercial products to the market. These genetically modified organisms (GMOs) and their derived products are subject to topical debate as to their benefits and risks. The strengths and weaknesses of the regulatory framework that controls their development and application is central to the question of whether this technology poses significant risk to the public health during this critical phase of its evolution. A critical review was carried out of the legal framework regulating the contained use, deliberate release and some aspects of consumer protection relevant to the control of GMOs in Europe and the United Kingdom. The current legal framework is failing to provide a speed of adaptation commensurate with the development of the science of genetic engineering; failing to properly respond to democratic control; failing to resolve significant conflict between the protection of free markets and protection of public health and the environment; and failing to implement obligations on biodiversity. The present legal framework must be replaced. Current European Union proposals for new standards of regulation are welcome, but provide only for further incremental change, and do not address some significant fundamental flaws in our current laws.

A surety engineering framework to reduce cognitive systems risks.

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

Caudell, Thomas P.; Peercy, David Eugene; Caldera, Eva O.

Cognitive science research investigates the advancement of human cognition and neuroscience capabilities. Addressing risks associated with these advancements can counter potential program failures, legal and ethical issues, constraints to scientific research, and product vulnerabilities. Survey results, focus group discussions, cognitive science experts, and surety researchers concur technical risks exist that could impact cognitive science research in areas such as medicine, privacy, human enhancement, law and policy, military applications, and national security (SAND2006-6895). This SAND report documents a surety engineering framework and a process for identifying cognitive system technical, ethical, legal and societal risks and applying appropriate surety methods to reducemore » such risks. The framework consists of several models: Specification, Design, Evaluation, Risk, and Maturity. Two detailed case studies are included to illustrate the use of the process and framework. Several Appendices provide detailed information on existing cognitive system architectures; ethical, legal, and societal risk research; surety methods and technologies; and educing information research with a case study vignette. The process and framework provide a model for how cognitive systems research and full-scale product development can apply surety engineering to reduce perceived and actual risks.« less

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

ERIC Educational Resources Information Center

Wiley, Tisha R. A.

2009-01-01

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

A Legal Analysis of Federal Disability Law as Related to Emerging Technology: Guidelines for Postsecondary Leadership, Policy, and Practice

ERIC Educational Resources Information Center

Ford, Roderick Dwayne

2014-01-01

This dissertation identified and described the legal requirements imposed by federal disability mandates and case law related to emerging technology. Additionally, the researcher created a legal framework (guidelines) for higher education institutions to consider during policy development and implementation of emerging technology by providing an…

Some Legal Aspects of Campus Housing.

ERIC Educational Resources Information Center

Moore, Donald R.

Legal aspects and implications affecting college and university housing administration are unpredictable, unsettled, and subject to change. The complete practical guide to the everyday legal answers for campus housing simply does not exist. This document presents some specific legal considerations involved in housing that may affect the management…

The Impact of Legal Medicine Education on Medical Students' Attitudes toward Law.

ERIC Educational Resources Information Center

LeBlang, Theodore R.; And Others

1985-01-01

Physicians' negative attitudes toward law and the legal system derive from the lack of understanding of basic legal principles relating to medical practice. The impact of required curriculum programing in legal medicine at Southern Illinois University School of Medicine is assessed. (Author/MLW)

Predictive Engineering Tools for Injection-Molded Long-Carbon-Fiber Thermoplastic Composites

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

Nguyen, Ba Nghiep; Simmons, Kevin L.

This quarterly report summarizes the status for the project planning to complete all the legal and contract documents required for establishing the subcontracts needed and a Cooperative Research and Development Agreement (CRADA) with Autodesk, Inc., Toyota Motor Engineering and Manufacturing North America (Toyota), and Magna Exterior and Interiors Corporation (Magna). During the second quarter (1/1/2013 to 3/31/2013), all the technical and legal documents for the subcontracts to Purdue University, University of Illinois, and PlastiComp, Inc. were completed. The revised CRADA documents were sent to DOE, Autodesk, Toyota, and Magna for technical and legal reviews. PNNL Legal Services contacted project partners’more » Legal counterparts for completing legal documents for the project. A non-disclosure agreement was revised and sent to all the parties for reviews.« less

[Critical reflections concerning euthanasia for persons with dementia].

PubMed

De Lepeleire, J; Beyen, A; Burin, M; Fabri, R; Ghijsebrechts, G; Lisaerde, J; Temmerman, B; Van den Eynden, B; Van den Noortgate, N

2010-01-01

In the public debate on the extension of euthanasia for people with dementia, in addition to ethical considerations and arguments, other issues have to be kept in mind. The diagnosis of dementia is difficult and the clinical picture is very fluctuating. The assessment and especially the operationalization of legal capacity and the use of advance directives are complex problems. The discussion should be conducted against the backdrop of a cultural framework in which the interpretation and development of palliative care is crucial. The development of a framework like advance care planning creates opportunities. The question remains whether the legal issues can be clarified and whether a legal approach generates solutions for the problems described.

The Devil Is in the Details! On Regulating Cannabis Use in Canada Based on Public Health Criteria

PubMed Central

Rehm, Jürgen; Crépault, Jean-François; Fischer, Benedikt

2017-01-01

This commentary to the editorial of Hajizadeh argues that the economic, social and health consequences of legalizing cannabis in Canada will depend in large part on the exact stipulations (mainly from the federal government) and on the implementation, regulation and practice of the legalization act (on provincial and municipal levels). A strict regulatory framework is necessary to minimize the health burden attributable to cannabis use. This includes prominently control of production and sale of the legal cannabis including control of price and content with ban of marketing and advertisement. Regulation of medical marijuana should be part of such a framework as well. PMID:28812798

Undergraduate teaching of forensic medicine in Saudi Arabia.

PubMed

Madadin, Mohammed; Al-Saif, Dalia M; Khamis, Amar Hassan; Taha, Attia Z; Kharoshah, Magdy A; Alsayyah, Ahmed; Alfehaid, Suha; Yaghmour, Khalid; Hakami, Ahmad Yahia; Bamousa, Manal S; Menezes, Ritesh G; Almadani, Osama M

2016-07-01

Medico-legal tasks are not exclusive to forensic medical experts -any physician may face medico-legal issues in his career. Hence, the practice of medicine requires education in legal issues. In Saudi Arabia, there are 30 universities with medical colleges, but we do not know how they teach undergraduate forensic medicine and medico-legal issues. The aim of this study was to discover undergraduate training courses in forensic medicine in Saudi universities. We conducted a cross-sectional study involving all colleges of medicine in Saudi Arabia. A structured, self-administered questionnaire containing 13 items relating to the undergraduate forensic medicine course was distributed. Out of a total of 30 universities, 27 universities responded. Of these 27 universities, 16 (59.26%) teach forensic medicine to undergraduate medical students, and 11 (40.74%) do not teach forensic medicine in their undergraduate curriculum. Of the 27 universities that responded, none has a department of forensic medicine. Eleven universities that do not teach forensic medicine have no forensic medicine unit/division or faculty at all. Forensic medicine belongs to the pathology department in 11 universities, while it belongs to different departments in five universities. There is variation in teaching methods, years where the course is taught and length of the course. Practical and morgue visits take place in 7/16 (43.8%) universities, while 9/16 (56.3%) universities only teach the theoretical aspects of forensic medicine. All 16 universities teach forensic medicine only to medical students and do not teach it to students in other colleges such as dentistry and nursing. © The Author(s) 2016.

Who owns what? Private ownership and the public interest in recombinant DNA technology in the 1970s.

PubMed

Yi, Doogab

2011-09-01

This essay analyzes how academic institutions, government agencies, and the nascent biotech industry contested the legal ownership of recombinant DNA technology in the name of the public interest. It reconstructs the way a small but influential group of government officials and university research administrators introduced a new framework for the commercialization of academic research in the context of a national debate over scientific research's contributions to American economic prosperity and public health. They claimed that private ownership of inventions arising from public support would provide a powerful means to liberate biomedical discoveries for public benefit. This articulation of the causal link between private ownership and the public interest, it is argued, justified a new set of expectations about the use of research results arising from government or public support, in which commercialization became a new public obligation for academic researchers. By highlighting the broader economic and legal shifts that prompted the reconfiguration of the ownership of public knowledge in late twentieth-century American capitalism, the essay examines the threads of policy-informed legal ideas that came together to affirm private ownership of biomedical knowledge as germane to the public interest in the coming of age of biotechnology and genetic medicine.

[The implementation of legislation acts regarding prevention of occupational exposure to bloodborne pathogens from perspective of Poland as the ue country].

PubMed

Szczeniowski, Adam; Gańczak, Maria

2011-01-01

The paper presents the history of implementation of legislation related to prevention of occupational exposure to blood-borne pathogens in the U.S.A. and EU, including a detailed description of existing regulations. The pioneering role of American legislation in establishing relevant legal acts to prevent employees from sharp injuries is also stressed. In this context the European road towards safer work in the healthcare sector is discussed. The legal acts, currently functioning in the EU, including Council Directive 2010/32/EU of 10 May 2010, are described. The Directive implements the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by the European Hospital and Healthcare Employers' Association (HOSPEEM) and the European Federation of Public Service Unions (EPSU). The arguments for the universal implementation of legal acts, protecting medical staff in all EU Member States, are pointed out. As far as Poland is concerned, a great need for an urgent action mobilising all social partners (i.e., nurses, doctors, other employees at potential risk of acquiring an occupational infection, employers, professional organisations and scientific bodies) to develop relevant regulations and to assure sufficient funds for their broad implementation is underlined.

Expressed Sexual Assault Legal Context and Victim Culpability Attributions

ERIC Educational Resources Information Center

Miller, Audrey K.; Markman, Keith D.; Amacker, Amanda M.; Menaker, Tasha A.

2012-01-01

Legal scholars have argued that laws have an "expressive function", specifically that sexual assault laws may convey social-level messages that victims are culpable for crimes against them. In a university sample, we conducted the first experimental test of legal scholars' proposal, hypothesizing that legal messages--specifically their…

Defense.gov Special Report: Law of the Sea Treaty

Science.gov Websites

treaty. It is the bedrock legal instrument underpinning public order across the maritime domain. Defense United States. The convention sets forth a comprehensive legal framework governing uses of the oceans and

The legal and ethical aspects of the right to health of migrants in Switzerland.

PubMed

Marks-Sultan, Géraldine; Kurt, Stefanie; Leyvraz, Didier; Sprumont, Dominique

The right to health of migrant populations, whether they are foreign nationals, foreign workers, tourists, asylum seekers or refugees, is enshrined in international human rights treaties. The effectiveness of the implementation of this fundamental right thus lies in national legal frameworks. In spite of its long humanitarian tradition, Switzerland has a strict migration policy, and while it has established a non-discriminatory legal framework for the protection and promotion of the right to health, its laws and regulations sometimes codify differences in treatment between foreign nationals and Swiss residents based on distinct situations. On the basis of shared responsibilities between the Federal State and the 26 cantons, this article describes the Swiss legal and regulatory approach to the right to health, the ways it is currently implemented and the possible vectors for an improved integration of migrants into the health system.

[Current legal framework conditions for running and utilization of biobanks. Part 2: data protection and informed consent].

PubMed

Haier, J

2013-10-01

Informed consent of donors of biomaterials represents an essential pillar of legal conformity of business organizations even for biobanks. For the assessment of self-determination of donors and freedom of research for users of biobanks there is a general consensus on the necessity for a social and individual agreement for the participation of donors in research projects. However, demands are often made for which the legal implementation is at least contentious and can be considered as excessive and biased. In part 2 of this review series the current legal foundation of data protection and informed consent is summarized on the basis of normative and ethical principles. With respect to appropriation of data and biosamples it can be deduced that by conformation to corresponding framework conditions the informed consent of donors in particular can be constructed independent of the project.

Discussing options between patients and health care professionals in genetic diagnosis: ethical and legal criteria

PubMed Central

Nicolás, Pilar

2007-01-01

The specific characteristics of genetic data lead to ethical-legal conflicts in the framework of genetic diagnosis. Several international organisations, including UNESCO and the Council of Europe, have enacted rules referring to the use of genetic information. This paper discusses possible legal and ethical criteria that could be used in genetic testing. PMID:19725990

The Influence of Immigrant Parent Legal Status on U.S.-Born Children's Academic Abilities: The Moderating Effects of Social Service Use

ERIC Educational Resources Information Center

Brabeck, Kalina M.; Sibley, Erin; Taubin, Patricia; Murcia, Angela

2016-01-01

The present study investigated the relationship between immigrant parent legal status and academic performance among U.S.-born children, ages 7-10. Building on previous research and a social ecological framework, the study further explored how social service use moderates the relationship between parent legal status and academic performance.…

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…

HIV Infection Legal Issues: An Introduction for Developmental Services. Technical Report on Developmental Disabilities and HIV Infection, Number 2.

ERIC Educational Resources Information Center

Harvey, David C.; Decker, Curtis L.

As agencies and programs serving individuals with developmental disabilities are called upon to serve a new population of individuals with human immunodeficiency virus (HIV) infection, they will be forced to confront complex legal questions. This paper discusses the legal frameworks in which individuals with HIV infection are considered eligible…

Participation of a Representative of a Foreign Country in the Procedure of the Legal Proceedings in the Republic of Kazakhstan

ERIC Educational Resources Information Center

Akhmetzakirov, Nail R.; Omarov, Yerbol A.; Mussilimov, Arman Y.

2016-01-01

The paper deals with the problem of foreigners' rights and freedoms protection during the criminal procedure in The Republic of Kazakhstan. The comparative analysis of national and international legal framework shows that principles of legal defense of foreigners' interests do not have a practical application. Examining the content of requests on…

Indonesian legal framework to support innovation sustainability

NASA Astrophysics Data System (ADS)

Pratama, Bambang

2018-03-01

The successful economy in a country can be measured by the number of commercializing intellectual property rights (IPR). To pursue IPR growth, triple helix component becomes a backbone to weave academia, business and government to collaborate with each other. Generally, collaborations move from their common interest, but within triple helix the collaboration can be run structurally and sustain. Depart from the arguments; the question arises: How is the condition of Indonesia Innovation System? Through legal approach, this paper will explain current legal condition and legal structure of the Indonesian innovation system. The reason to review the law is to relate with the government’s target to create 1000 digital start-ups alike as in Silicon Valley level size. Therefore, legal framework review becomes useful to explain the condition of the law as a supporting system. In this sense, the legal prescription can be generated to confirm Indonesian laws, whether supported the national innovation system or conversely. Within law perspective, Indonesian government categorizes the innovative industry as a creative industry. However, there is still no resolute concept to follow. Therefore, some of law adjustment is needed to support the government’s plan to pursue commercialized innovation.

DEVELOPMENT OF CHINESE HEALTH LAW: OVERVIEW AND SUGGESTIONS.

PubMed

Liu, Kai; Tang, Daolu

2014-07-01

Health law is a rapidly developing law specialty in China. This article examines the current overall framework and evolution of Chinese health law, as a background to an analysis of the advantages and disadvantages of this legal regime. Research suggests that: 1) The independent status of Chinese health law as jurisprudence and a specialty ought to be assured altogether; 2) The convergence between health law and other laws should be strengthened; 3) The current Chinese health law framework ought to be completed. This suggests the necessity to find ways to improve the independence of health law in China by eliminating the convergence and completing the legal framework.

Structural precaution: the application of premarket approval schemes in EU food legislation.

PubMed

van der Meulen, Bernd M J; Bremmers, Harry J; Wijnands, Jo H M; Poppe, Krijn J

2012-01-01

Structural precaution refers to legal requirements by which food products (whether as ingredients, additives, genetically modified or innovative in some other form) are only admitted to the market after authorization by public authorities and till then are presumed unsafe. In the EU such authorization is granted after provision of conclusive scientific evidence of the product's safety by the applicant. The objective of this article is to critically evaluate structural precaution in the EU against the general principles of European and international law. Moreover, it addresses the positive and negative side-effects of structural precaution for food businesses. The methods which are applied are legal-systematic and empirical. Legal-systematic research shows that the European system of structural precaution may come into conflict with the principles of free trade. Empirical research on the effects of structural precaution shows that the barriers to market access impede food innovations, negatively impact competitiveness, and induce opportunistic strategic responses by food businesses. Among the opportunistic strategic responses that were identified are window-dressing, trespassing and circumventing. These may have adverse effects on food safety. This is remarkable since food safety is the key driving force behind the application of structural precaution. The article advocates an overhaul of the present European risk prevention framework. It argues that the newly proposed European legal framework for innovative foods only partly addresses the identified problems with which the food industry is confronted. Supplementary to legal-systematic overhaul, authorities should invest in accessibility and transparency of the legal framework and provide compliance assistance to reduce regulatory burdens.

Informed consent, and an ethico-legal framework for paediatric observational research and biobanking: the experience of an Italian birth cohort study.

PubMed

Toccaceli, Virgilia; Serino, Laura; Stazi, Maria Antonietta

2014-12-01

Birth cohort studies are important tools for life-course epidemiology, given the spectrum of the environmental, behavioural, and genetic factors that should be considered when making judgements on human health. Biobanks are valuable components of studies designed to investigate the genetic variability of diseases and improve phenotypic characterisation. In studies involving vulnerable populations and biobanks, it is essential to provide ethical reasoning and analyse the legal requirements. We describe the processes and the tools used in the iterative design of an appropriate informed consent model and the ethico-legal framework of the Piccolipiù study. The Piccolipiù study is a prospective population-based study funded by the Italian Ministry of Health that intends to enrol 3,000 newborns and their mothers in five Italian cities, and to store biological samples for future use. To realise these objectives, we performed a thorough evaluation of the literature, of national and international guidelines, and of the impact of the Italian legal requirements for research biobanking. Discussions among stakeholders facilitated the design of the informed consent and the ethico-legal framework. Several topics are addressed, including the suitability of a broad informed consent for paediatric biobanks, infant vulnerability, access to and sharing of data, and the disclosure of individual's genetic results. Discussion of the ethical and legal procedures adopted in epidemiological biobanking might be a fruitful ground for comparison both at the national level, where standardization and homogeneity are lacking, and at the international level, where different regulatory issues are often in the background and might hamper research biobanks networking.

The Reliability and Legality of Online Education

ERIC Educational Resources Information Center

Agbebaku, C. A.; Adavbiele, A. Justina

2016-01-01

Today, the classroom beyond the border through online Open University education in Nigeria has made it possible for many students to obtain university degrees. However, the reliability and legality of such degrees have become questionable. This paper is a descriptive exploratory case study regarding the public and private sector end-users, whose…

Developing Effective and Legally Sound Alcohol Policies.

ERIC Educational Resources Information Center

Gulland, Eugene D.

This booklet examines the risks that college and universities face due to student alcohol use and abuse, and outlines procedures that institutions can use to develop effective alcohol policies. Although legal precedents have recognized that colleges and universities do not have a duty to supervise student conduct under principles of in loco…

Legal Challenges to Single-Sex Colleges Expected to Spread.

ERIC Educational Resources Information Center

Jaschik, Scott

1990-01-01

Court cases arising out of the current legal and political controversy over the Virginia Military Institute's policy of admitting only men are examined as they apply to the nation's three other publicly supported single-sex colleges: the Citadel (South Carolina), Mississippi University for Women, and Texas Woman's University. (DB)

75 FR 14462 - Notice of Inventory Completion: Central Washington University, Department of Anthropology...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-03-25

... assessment of the human remains was made by Burke Museum and Central Washington University professional staff... Burke Museum staff legally transferred elements associated with the individual to Central Washington... Burke Museum later that same year (Burke Accn. 2056). In 1974, the Burke Museum staff legally...

78 FR 59964 - Notice of Inventory Completion: Thomas Burke Memorial Washington State Museum, University of...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-09-30

... Accn. 3183). In 1974, the Burke Museum staff legally transferred elements associated with the... 1939 (Burke Accn. 3101). In 1974, the Burke Museum staff legally transferred elements associated with....R50000] Notice of Inventory Completion: Thomas Burke Memorial Washington State Museum, University of...

Higher Education Trends (1997-1999): Legal Issues. ERIC-HE Trends.

ERIC Educational Resources Information Center

Kezar, Adrianna J.

Historically, legal issues have not been well represented in the higher education research literature. Two sources, however, regularly discuss legal issues: the Journal of College and University Law and the Chronicle of Higher Education. Three main themes emerge in the literature on legal issues: (1) rethinking and refining of traditional…

Animal house: University risk environments and the regulation of students' alcohol use.

PubMed

Wilkinson, Blair; Ivsins, Andrew

2017-09-01

This article extends the risk environment framework to understand the factors that universities identify as influencing university students' risky drinking behaviours and universities attempts at managing risky alcohol use on their campuses. This article examines data collected as part of qualitative fieldwork on university corporate security services, and others involved in university alcohol policy implementation (e.g., residence services), conducted at five Canadian universities. Interviews (n=56), fieldnotes from 246h of observations of university corporate security personnel, and university policy documents (i.e., codes of student behaviour, residence policies) were analysed to understand the influence of risk environments on high-risk alcohol use. We identify three risk environments on university campuses in relation to the use and regulation of alcohol: the physical, social, and policy environments. Residence buildings and abutting spaces (physical risk environment) and the university "party" culture (social risk environment) are principal contributors to risk within their risk environments. University policies and practices (policy risk environment) attempt to modify these environments in order to manage risky alcohol use. We suggest current approaches to regulating student alcohol use may not be the best approach to preventing harms (e.g., health problems, legal troubles) to students. Given university policies and practices have the potential to shape and influence risky alcohol use and associated harms we argue it is necessary for university administrators to adopt the best practices of "harm reduction" and seek new ways to address on-campus alcohol use. Copyright © 2017 Elsevier B.V. All rights reserved.

The legal framework for end-of-life decisions in the UK.

PubMed

Rennie, Janet M; Leigh, Bertie

2008-10-01

We have reviewed the current UK guidance regarding withholding and withdrawing life-prolonging treatment in the infant and termination of pregnancy for fetal malformation. We provide summaries of the key cases. The framework provided by professional bodies and the law in this difficult area stresses the importance of good and frequent communication between different professional groups and parents with early recourse to second opinions if a difference of view emerges. Legal proceedings should be used only as a last resort.

[Legal aspects and the treatment procedure of gender dysphoria in Hungary].

PubMed

Kórász, Krisztián

2015-07-26

The legal process of gender transition in Hungary had previously been more developed as in most European countries, as the law enabled transsexual people to change their name and gender before or without a medical treatment, which was unique at the time. Over the years, however, lots of European countries developed legal frameworks and accepted international standards of care for the treatment of gender dysphoria that Hungary did not follow. Currently in Hungary there is no consistent legal framework of gender transition, there is no official regulation or guidelines regarding gender transition process, no institution with the obligation to accommodate the process, and there is no nominated specialist in the state health care system whose remit included dealing with transsexual patients. The information on gender transition options both to the professionals and to the patients is limited and incoherent. This paper reviews the legal aspects and clinical management process of gender dysphoria in Hungary. Some issues regarding the Hungarian practice and possible solutions based on examples from the United Kingdom are addressed within the paper.

International Legal Framework for Denuclearization and Nuclear Disarmament -- Present Situation and Prospects

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

Gastelum, Zoe N.

This thesis is the culminating project for my participation in the OECD NEA International School of Nuclear Law. This paper will begin by providing a historical background to current disarmament and denuclearization treaties. This paper will discuss the current legal framework based on current and historical activities related to denuclearization and nuclear disarmament. Then, it will propose paths forward for the future efforts, and describe the necessary legal considerations. Each treaty or agreement will be examined in respect to its requirements for: 1) limitations and implementation; 2) and verification and monitoring. Then, lessons learned in each of the two areasmore » (limitations and verification) will be used to construct a proposed path forward at the end of this paper.« less

Applying ethical and legal principles to new technology: the University of Auckland Faculty of Medical and Health Sciences' policy 'Taking and Sharing Images of Patients.'

PubMed

Jonas, Monique; Malpas, Phillipa; Kersey, Kate; Merry, Alan; Bagg, Warwick

2017-01-27

To develop a policy governing the taking and sharing of photographic and radiological images by medical students. The Rules of the Health Information Privacy Code 1994 and the Code of Health and Disability Services Consumers' Rights were applied to the taking, storing and sharing of photographic and radiological images by medical students. Stakeholders, including clinicians, medical students, lawyers at district health boards in the Auckland region, the Office of the Privacy Commissioner and the Health and Disability Commissioner were consulted and their recommendations incorporated. The policy 'Taking and Sharing Images of Patients' sets expectations of students in relation to: photographs taken for the purpose of providing care; photographs taken for educational or professional practice purposes and photographic or radiological images used for educational or professional practice purposes. In addition, it prohibits students from uploading images of patients onto image-sharing apps such as Figure 1. The policy has since been extended to apply to all students at the Faculty of Medical and Health Sciences at the University of Auckland. Technology-driven evolutions in practice necessitate regular review to ensure compliance with existing legal regulations and ethical frameworks. This policy offers a starting point for healthcare providers to review their own policies and practice, with a view to ensuring that patients' trust in the treatment that their health information receives is upheld.

Rape Beyond Crime.

PubMed

Kaplan, Margo

2017-02-01

Public health experts agree that sexual violence constitutes a significant public health issue. Yet criminal law dominates rape law almost completely, with public health law playing at best a small supporting role. Recent civil law developments, such as university disciplinary proceedings, similarly fixate on how best to find and penalize perpetrators. As a result, rape law continues to spin its wheels in the same arguments and obstacles. This Article argues that, without broader cultural changes, criminal law faces a double bind: rape laws will either be ineffective or neglect the importance of individual culpability. Public health law provides more promising terrain for rape prevention because it is a strong legal framework that can engage the complex causes of rape, including the social norms that promote sexual aggression. While criminal law can only punish bad behavior, public health interventions can use the more effective prevention strategy of promoting positive behaviors and relationships. They can also address the myriad sexual behaviors and social determinants that increase the risk of rape but are outside the scope of criminal law. Perhaps most importantly, public health law relies on evidence-based interventions and the expertise of public health authorities to ensure that laws and policies are effective. Transforming rape law in this way provides a framework for legal feminism to undertake the unmet challenge of "theorizing yes," that is, moving beyond how to protect women’s right to refuse sex and toward promoting and exploring positive models of sex. Criminal law is simply incapable of meeting this challenge because it concerns only what sex should not be. A public health framework can give the law a richer role in addressing the full spectrum of sexual attitudes and behaviors.

[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.

Biomedicine and international human rights law: in search of a global consensus.

PubMed Central

Andorno, Roberto

2002-01-01

Global challenges raised by biomedical advances require global responses. Some international organizations have made significant efforts over the last few years to establish common standards that can be regarded as the beginning of an international biomedical law. One of the main features of this new legal discipline is the integration of its principles into a human rights framework. This strategy seems the most appropriate, given the role of "universal ethics" that human rights play in our world of philosophical pluralism. In addition to the general standards that are gradually being established, a widespread consensus exists on the urgency of preventing two specific procedures: human germ-line interventions and human reproductive cloning. PMID:12571724

Biomedicine and international human rights law: in search of a global consensus.

PubMed

Andorno, Roberto

2002-01-01

Global challenges raised by biomedical advances require global responses. Some international organizations have made significant efforts over the last few years to establish common standards that can be regarded as the beginning of an international biomedical law. One of the main features of this new legal discipline is the integration of its principles into a human rights framework. This strategy seems the most appropriate, given the role of "universal ethics" that human rights play in our world of philosophical pluralism. In addition to the general standards that are gradually being established, a widespread consensus exists on the urgency of preventing two specific procedures: human germ-line interventions and human reproductive cloning.

Models of Invisibility: Rendering Domestic and Other Gendered Violence Visible to Students Through Clinical Law Teaching.

PubMed

MacDowell, Elizabeth L; Cammett, Ann

2016-10-01

The proliferation of university courses about domestic violence includes clinical courses in law schools in which students represent victims in their legal cases. This essay advocates for a broader approach to teaching about the problem. Using examples from their clinic cases, the authors show how teachers can overcome pedagogical challenges and render domestic and other forms of gendered violence, including state and community violence, more visible to students by intentionally raising and placing it within larger frameworks of structural inequality. In this way, students learn to identify and address gendered violence even when it is not the presenting problem. © The Author(s) 2016.

Partners in Outreach and Advocacy: Interdisciplinary Opportunities in University-Based Legal Clinics

ERIC Educational Resources Information Center

Pearson, Katherine C.; Johnston-Walsh, Lucy

2006-01-01

The Dickinson School of Law of the Pennsylvania State University offers several specialized in-house legal clinics. This article focuses on the outreach services of the Elder Law and Consumer Protection Clinic and the Children's Advocacy Clinic. These programs provide opportunities for law students to obtain practical experience in a thoughtful…

The Interdisciplinary Course in the Legal Aspects of Noise Pollution at Columbia University.

ERIC Educational Resources Information Center

Harris, Cyril M.; Rosenthal, Albert J.

1981-01-01

A course in the legal aspects of noise pollution, cross-listed for students in Columbia University's Law and Engineering Schools, is described. Although noise is used as the major source of environmental pollution in this course, the principles and methodology discussed apply to other forms of environmental law. (MLW)

Memorandum: The Legal Implications of University Investments in Companies Doing Business in South Africa.

ERIC Educational Resources Information Center

Reidhaar, Donald L.

1980-01-01

Legal issues important in considering divestment of securities held in South African-related companies are considered. The University of California's considerations are reviewed as applied to retirement, endowment, and miscellaneous funds with unexpended balances for current or plant purposes and reserves for revenue bond debt retirement. (MSE)

A Compelling Interest: Activating the Benefits of Classroom-Level Diversity

ERIC Educational Resources Information Center

Haslerig, Siduri; Bernhard, Laura M.; Fuentes, Marcia V.; Panter, A. T.; Daye, Charles E.; Allen, Walter R.

2013-01-01

The use of affirmative action admissions practices in U.S. colleges and universities has been a source of contentious public debate and legal battles since the policy's inception in the 1960s. The legal challenges to race-conscious admissions will continue for the foreseeable future, including renewed court scrutiny on specific universities'…

District decision-making for health in low-income settings: a feasibility study of a data-informed platform for health in India, Nigeria and Ethiopia.

PubMed

Avan, Bilal Iqbal; Berhanu, Della; Umar, Nasir; Wickremasinghe, Deepthi; Schellenberg, Joanna

2016-09-01

Low-resource settings often have limited use of local data for health system planning and decision-making. To promote local data use for decision-making and priority setting, we propose an adapted framework: a data-informed platform for health (DIPH) aimed at guiding coordination, bringing together key data from the public and private sectors on inputs and processes. In working to transform this framework from a concept to a health systems initiative, we undertook a series of implementation research activities including background assessment, testing and scaling up of the intervention. This first paper of four reports the feasibility of the approach in a district health systems context in five districts of India, Nigeria and Ethiopia. We selected five districts using predefined criteria and in collaboration with governments. After scoping visits, an in-depth field visit included interviews with key health stakeholders, focus group discussions with service-delivery staff and record review. For analysis, we used five dimensions of feasibility research based on the TELOS framework: technology and systems, economic, legal and political, operational and scheduling feasibility. We found no standardized process for data-based district level decision-making, and substantial obstacles in all three countries. Compared with study areas in Ethiopia and Nigeria, the health system in Uttar Pradesh is relatively amenable to the DIPH, having relative strengths in infrastructure, technological and technical expertise, and financial resources, as well as a district-level stakeholder forum. However, a key challenge is the absence of an effective legal framework for engagement with India's extensive private health sector. While priority-setting may depend on factors beyond better use of local data, we conclude that a formative phase of intervention development and pilot-testing is warranted as a next step. © The Author 2016. Published by Oxford University Press in association with The London School of Hygiene and Tropical Medicine.

Keeping Owners and Players from Maiming Each Other.

ERIC Educational Resources Information Center

Murphy, Betty Southard

1983-01-01

The general Counsel of the National Labor Relations Board (NLRB) and the Board itself have an impact on labor negotiations in professional sports. The history, legal framework, and legal problems of collective bargaining in football and in other sports are discussed. (SR)

Predictive Engineering Tools for Injection-Molded Long-Carbon-Fiber Thermoplastic Composites - Quarterly Report

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

Nguyen, Ba Nghiep; Simmons, Kevin L.

This quarterly report summarizes the status for the project planning to initiate all the legal and contract documents required for establishing the subcontracts needed and a Cooperative Research and Development Agreement (CRADA) with Autodesk, Inc., Toyota Motor Engineering and Manufacturing North America (Toyota), and Magna Exterior and Interiors Corporation (Magna). During the first quarter (10/1/2012 to 12/31/2012), the statements of work (SOW) for the subcontracts to Purdue University, University of Illinois, and PlastiComp, Inc. were completed. A draft of the CRADA SOW was sent to Autodesk, Toyota, and Magna for technical and legal reviews. PNNL Legal Services contacted project partners’more » Legal counterparts for preparing legal documents for the project. A non-disclosure agreement was drafted and sent to all the parties for reviews.« less

State Public Health Enabling Authorities: Results of a Fundamental Activities Assessment Examining Core and Essential Services

PubMed Central

Hoss, Aila; Menon, Akshara; Corso, Liza

2016-01-01

Context Public health enabling authorities establish the legal foundation for financing, organizing, and delivering public health services. State laws vary in terms of the content, depth, and breadth of these fundamental public health activities. Given this variance, the Institute of Medicine has identified state public health laws as an area that requires further examination. To respond to this call for further examination, the Centers for Disease Control and Prevention’s Public Health Law Program conducted a fundamental activities legal assessment on state public health laws. Objective The goal of the legal assessment was to examine state laws referencing frameworks representing public health department fundamental activities (ie, core and essential services) in an effort to identify, catalog, and describe enabling authorities of state governmental public health systems. Design In 2013, Public Health Law Program staff compiled a list of state statutes and regulations referencing different commonly-recognized public health frameworks of fundamental activities. The legal assessment included state fundamental activities laws available on WestlawNext as of July 2013. The results related to the 10 essential public health services and the 3 core public health functions were confirmed and updated in June 2016. Results Eighteen states reference commonly-recognized frameworks of fundamental activities in their laws. Thirteen states have listed the 10 essential public health services in their laws. Eight of these states have also referenced the 3 core public health functions in their laws. Five states reference only the core public health functions. Conclusions Several states reference fundamental activities in their state laws, particularly through use of the essential services framework. Further work is needed to capture the public health laws and practices of states that may be performing fundamental activities but without reference to a common framework. PMID:27682724

State Public Health Enabling Authorities: Results of a Fundamental Activities Assessment Examining Core and Essential Services.

PubMed

Hoss, Aila; Menon, Akshara; Corso, Liza

2016-01-01

Public health enabling authorities establish the legal foundation for financing, organizing, and delivering public health services. State laws vary in terms of the content, depth, and breadth of these fundamental public health activities. Given this variance, the Institute of Medicine has identified state public health laws as an area that requires further examination. To respond to this call for further examination, the Centers for Disease Control and Prevention's Public Health Law Program conducted a fundamental activities legal assessment on state public health laws. The goal of the legal assessment was to examine state laws referencing frameworks representing public health department fundamental activities (ie, core and essential services) in an effort to identify, catalog, and describe enabling authorities of state governmental public health systems. In 2013, Public Health Law Program staff compiled a list of state statutes and regulations referencing different commonly-recognized public health frameworks of fundamental activities. The legal assessment included state fundamental activities laws available on WestlawNext as of July 2013. The results related to the 10 essential public health services and the 3 core public health functions were confirmed and updated in June 2016. Eighteen states reference commonly-recognized frameworks of fundamental activities in their laws. Thirteen states have listed the 10 essential public health services in their laws. Eight of these states have also referenced the 3 core public health functions in their laws. Five states reference only the core public health functions. Several states reference fundamental activities in their state laws, particularly through use of the essential services framework. Further work is needed to capture the public health laws and practices of states that may be performing fundamental activities but without reference to a common framework.

The Legal Audit: Preventing Problems.

ERIC Educational Resources Information Center

Perlman, Daniel H.

1987-01-01

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

Gene Editing in Humans: Towards a Global and Inclusive Debate for Responsible Research


PubMed Central

de Lecuona, Itziar; Casado, María; Marfany, Gemma; Lopez Baroni, Manuel; Escarrabill, Mar

2017-01-01

In December 2016, the Opinion Group of the Bioethics and Law Observatory (OBD) of the University of Barcelona launched a Declaration on Bioethics and Gene Editing in Humans analyzing the use of genome editing techniques and their social, ethical, and legal implications through a multidisciplinary approach. It focuses on CRISPR/Cas9, a genome modification technique that enables researchers to edit specific sections of the DNA sequence of humans and other living beings. This technique has generated expectations and worries that deserve an interdisciplinary analysis and an informed social debate. The research work developed by the OBD presents a set of recommendations addressed to different stakeholders and aims at being a tool to learn more about CRISPR/Cas9 while finding an appropriate ethical and legal framework for this new technology. This article gathers and compares reports that have been published in Europe and the USA since the OBD Declaration. It aims at being a tool to foster a global and interdisciplinary discussion of this new genome editing technology. PMID:29259532

Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

PubMed

Marishet, Mohammed Hamza

The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

Educating Natives in the Legal Profession.

ERIC Educational Resources Information Center

Telidetzki, Karen

1988-01-01

Describes need for more Native Canadian lawyers and law students. Explains socioeconomic causes for Native underrepresentation in legal profession. Argues that law admissions policies and requirements for Native students are culturally biased and suggests admission reforms. Describes Program of Legal Studies for Native People at University of…

Program of Legal Studies for Native People, 1978 Report.

ERIC Educational Resources Information Center

Saskatchewan Univ., Saskatoon. Native Law Centre.

Through the efforts of the faculty of the College of Law of the University of Saskatchewan, the University of Saskatchewan Program of Legal Studies for Native People was established in 1973. In planning for the program, certain problems were considered: the number of persons of native ancestry able to meet the minimum requirement for admission to…

Leading Entrepreneurial E-Learning Development in Legal Education: A Longitudinal Case Study of "Universities as Learning Organizations"

ERIC Educational Resources Information Center

Trevitt, Chris; Steed, Aliya; Du Moulin, Lynn; Foley, Tony

2017-01-01

Purpose: The study aims to review the entrepreneurial and educational innovations in technology-enabled distance education in practical legal education (PLE) accomplished by a unit "on the periphery" of a strong research-led university. It also aims to examine the learning organisation (LO) attributes associated with this initiative.…

Legal Aspects of University Autonomy in Brazil

ERIC Educational Resources Information Center

Ranieri, Nina Beatriz Stocco

2009-01-01

State control over higher education has been provided for in the Brazilian legal system since the establishment of the republic, with university autonomy having been the object of six reforms of higher education and various federal decrees up until the federal constitution of 1988, which upheld it in Article 207. In a country with a limited and…

Mississippi Curriculum Framework for Business and Office and Related Technology Cluster. Office Systems Technology (CIP: 52.0401--Administrative Assistant/Secretarial). Accounting Technology (CIP: 52.0302). Medical Office Technology (CIP: 52.0404--Medical Admin. Asst./Secretarial). Microcomputer Technology (CIP: 52.0490). Court Reporting Technology (CIP: 52.0405). Paralegal Technology (CIP: Paralegal/Legal Assistant).

ERIC Educational Resources Information Center

Mississippi Research and Curriculum Unit for Vocational and Technical Education, State College.

This document, which is intended for use by community and junior colleges throughout Mississippi, contains curriculum frameworks for four programs in the postsecondary-level business and office cluster (office systems, accounting, medical office, and microcomputer technologies) and two programs in the legal cluster (court reporting and paralegal…

Beyond the theoretical rhetoric: a proposal to study the consequences of drug legalization.

PubMed

Yacoubian, G S

2001-01-01

Drug legalization is a frequently-debated drug control policy alternative. It should come as little surprise, therefore, that the arguments in favor of both legalization and prohibition have resulted in a conceptual stalemate. While theoretical deliberations are unquestionably valuable, they seem to have propelled this particular issue to its limit. To date, no works have suggested any empirical studies that might test the framework and potential consequences of drug legalization. In the current study, the arguments surrounding the drug legalization debate are synthesized into a proposal for future research. Such a proposal illustrates that the core elements surrounding drug legalization are not only testable, but that the time may be right to consider such an empirical effort.

Legal-age students' provision of alcohol to underage college students: an exploratory study.

PubMed

Brown, Richard L; Matousek, Therese A; Radue, Mary B

2009-01-01

The authors investigated the magnitude and cultural context of legal-age university students' provision of alcohol to underage students and how such alcohol provision might be deterred. 130 legal-age students at a midwestern university in the United States were randomly selected. The authors assessed 16 focus groups and a thematic analysis. Most participants reported frequent alcohol provision. Most denied moral responsibility for any negative consequences that recipients might suffer. Small numbers of participants, chiefly women, would decrease alcohol provision after education on the sexual risks to underage females. Larger numbers would decrease provision in response to consistent law enforcement, severe legal and disciplinary penalties, and education on severe penalties. Legal-age students' provision of alcohol to underage students is an integral part of college students' drinking culture. As a deterrent, an enforcement-based campaign may be more effective than an educational campaign on the possible negative consequences of alcohol for underage students.

Assessing Study Abroad Programs: Application of the "SLEPT" Framework through Learning Communities

ERIC Educational Resources Information Center

Tajes, Maria; Ortiz, Jamie

2010-01-01

This case study proposes a comprehensive conceptual framework for exploring student learning outcomes of short-term study abroad programs. It uses the Social, Legal, Economic, Political, and Technological framework to assess understanding of the host country before departing and after returning. Participation fostered global literacy and critical…

Children's Health in a Legal Framework

ERIC Educational Resources Information Center

Huntington, Clare; Scott, Elizabeth

2015-01-01

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

Proposal by the German Democratic Republic on use of the geostationary orbit

NASA Astrophysics Data System (ADS)

Hampe, W.; Mueller, R.

In 1986, the German Democratic Republic submitted the working paper entitled "Draft principles governing the activities of States in the utilization of the geostationary orbit." The underlying motive for the G.D.R.—which supports the mandate given by the UN General Assembly to the Committee on the Peaceful Uses of Outer Space/Legal Sub-Committee, namely "to consider matters relating to the character and utilization of the geostationary orbit, including consideration of ways and means to ensure the rational and equitable use of the geostationary orbit without prejudice to the role of the International Telecommunication Union"—was that a generally accepted solution to the complex political, legal and technical questions relating to the use of the geostationary orbit both within the ITU and in the framework of the Legal Sub-Committee would be in the interest of all States. In that quest, both the ITU and the COPUOS/LSC should play a major part. Here, the Legal Sub-Committee could substantiate and develop the international legal framework for the use of the geostationary orbit in conformity with existing space law and the relevant ITU decisions.

Integrating legal liabilities in nanomanufacturing risk management.

PubMed

Mohan, Mayank; Trump, Benjamin D; Bates, Matthew E; Monica, John C; Linkov, Igor

2012-08-07

Among other things, the wide-scale development and use of nanomaterials is expected to produce costly regulatory and civil liabilities for nanomanufacturers due to lingering uncertainties, unanticipated effects, and potential toxicity. The life-cycle environmental, health, and safety (EHS) risks of nanomaterials are currently being studied, but the corresponding legal risks have not been systematically addressed. With the aid of a systematic approach that holistically evaluates and accounts for uncertainties about the inherent properties of nanomaterials, it is possible to provide an order of magnitude estimate of liability risks from regulatory and litigious sources based on current knowledge. In this work, we present a conceptual framework for integrating estimated legal liabilities with EHS risks across nanomaterial life-cycle stages using empirical knowledge in the field, scientific and legal judgment, probabilistic risk assessment, and multicriteria decision analysis. Such estimates will provide investors and operators with a basis to compare different technologies and practices and will also inform regulatory and legislative bodies in determining standards that balance risks with technical advancement. We illustrate the framework through the hypothetical case of a manufacturer of nanoscale titanium dioxide and use the resulting expected legal costs to evaluate alternative risk-management actions.

Do Legal Frameworks Direct Merger Outcomes? A Study of the Legal Origins and Consequences of Recent Higher Education Mergers

ERIC Educational Resources Information Center

Soobrayan, V.

2003-01-01

This article traces the legal challenges and contestations embedded in five recent cases of higher education mergers in South Africa. I am aware that there are a number of forms of mergers. For the purposes of this article I use the term as one that is descriptive of a policy decision. Where necessary I make a brief distinction between a merger…

Legal Issues of Ambient Intelligence in the SERENITY Project

NASA Astrophysics Data System (ADS)

Krausová, Alžběta; Dumortier, Jos

The successful functionality of the solutions proposed by the SERENITY project will only be achieved when they fit into the existing legal framework. Therefore, when developing software and hardware solutions, developers must respect requirements set out by law. The aim of this chapter is to define legal challenges that arise with the advent of the Ambient Intelligence, and to explain how SERENITY deals with the challenge of legal compliance. To do this, we will first describe how the legal requirements are translated into a machinereadable form in the SERENITY project, and introduce the concept of so called legal patterns. The application of relevant legal principles on data protection will be illustrated using two particular scenarios. We will then focus on practical legal problems related to daily operations of SERENITY technical solutions. Finally, we conclude with an evaluation of the SERENITY approach and its outcomes

Legal Development and Foreign Aid: A Liberian Experience.

ERIC Educational Resources Information Center

Hager, L. Michael

1978-01-01

Presented is a case study that traces the development of the University of Liberia's Louis Arthur Grimes School of Law, which was aided by Staffing of African Institutions for Legal Education and Research (SAILER), a foreign aid program. The impact and implications for legal development are evaluated. (JMD)

Survey on Views and Knowledge of House Officers on Medical-Legal Issues.

ERIC Educational Resources Information Center

Beninger, Paul R.; And Others

1985-01-01

House medical staff of the University of California, Davis, Medical Center were administered a questionnaire to determine their knowledge of relevant medical-legal principles. Responses from 111 house staff indicated that pediatrics, physical medicine, and rehabilitation staff confronted more medical-legal issues than pathology staff. (SW)

Human research ethics committees in technical universities.

PubMed

Koepsell, David; Brinkman, Willem-Paul; Pont, Sylvia

2014-07-01

Human research ethics has developed in both theory and practice mostly from experiences in medical research. Human participants, however, are used in a much broader range of research than ethics committees oversee, including both basic and applied research at technical universities. Although mandated in the United States, the United Kingdom, Canada, and Australia, non-medical research involving humans need not receive ethics review in much of Europe, Asia, Latin America, and Africa. Our survey of the top 50 technical universities in the world shows that, where not specifically mandated by law, most technical universities do not employ ethics committees to review human studies. As the domains of basic and applied sciences expand, ethics committees are increasingly needed to guide and oversee all such research regardless of legal requirements. We offer as examples, from our experience as an ethics committee in a major European technical university, ways in which such a committee provides needed services and can help ensure more ethical studies involving humans outside the standard medical context. We provide some arguments for creating such committees, and in our supplemental article, we provide specific examples of cases and concerns that may confront technical, engineering, and design research, as well as outline the general framework we have used in creating our committee. © The Author(s) 2014.

In China, Thinking like an American Lawyer

ERIC Educational Resources Information Center

Blumenstyk, Goldie

2009-01-01

Temple University's program with Tsinghua University, now in its 10th year, is the oldest of its kind in China. It may take years to understand how a program that trains a few dozen legal professionals a year may affect the legal rights of 1.3 billion Chinese. But there is no question about the benefits that this program has produced for Temple's…

Renewing University-Based Curriculum in Line with Societal Needs: A Case of Legal Education in Russia

ERIC Educational Resources Information Center

Yastrebov, Oleg A.

2016-01-01

The paper tries to reveal how the modern university education could respond to changes that take place in contemporary society development. The research has tried to follow the task of bridging the Academy and Society needs. Special emphasis is laid to the legal education as graduates of respective institutions are supposed to contribute to the…

Disappearing Discourse: Performative Texts and Identity in Legal Contexts

ERIC Educational Resources Information Center

Trinch, Shonna

2010-01-01

This article examines how survivors of domestic violence and the institutional authorities to whom they turn for assistance represent verbal aggression in direct quotations and indirect reported speech in legal testimony. Using the theoretical framework proposed by Briggs and Bauman (1992), I suggest that direct quotations and reported speech…

K-12 Students with Concussions: A Legal Perspective

ERIC Educational Resources Information Center

Zirkel, Perry A.; Brown, Brenda Eagan

2015-01-01

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

Institutional and socioeconomic aspects of water supply

NASA Astrophysics Data System (ADS)

Rauchenschwandtner, H.; Pachel, M.

2012-04-01

Institutional and socioeconomic aspects of water supply Within the project CC-WaterS the participating researchers of the Vienna University of Economics and B.A. have been responsible for the analysis of the socioeconomic aspects related to water supply and climate change, the assessment of future water demands in the City of Vienna, as well as an estimation of economic consequences of possible water shortages and possible scope for the introduction of new legal guidelines. The institutional and socioeconomic dimensions of drinking water and sanitation systems are being examined by utilisation of different prognostic scenarios in order to assess future costs of water provisioning and future demands of main water users, thus providing an information basis and recommendations for policy and decision makers in the water sector. These dimensions, for example, include EU legislation - especially the Water Framework Directive -, national legislations and strategies targeted at achieving sustainability in water usage, best practices and different forms of regulating water markets, and an analysis of the implications of demographic change. As a basis this task encompasses research of given institutional, social, and legal-political structures in the area of water supply. In this course we provide an analysis of the structural characteristics of water markets, the role of water prices, the increasing perception of water as an economic good as well as implications thereof, the public awareness in regard to climate change and water resources, as well as related legal aspects and involved actors from regional to international level; and show how water resources and the different systems of water provisioning are affected by (ideological) conflicts on various levels. Furthermore, and in order to provide a solid basis for management recommendations related to climate change and water supply, an analytical risk-assessment framework based on the concepts of new institutional economics is being developed, which provides a different analytical perspective for examining the linkages between institutions, economic processes, and societal factors.

[Diagnosis of the productive capacity of the IMSS regarding health technologies].

PubMed

Figueroa-Lara, Alejandro; López-Fernández, Fátima Itzel; López-Domínguez, Adriana; Fajardo-Dolci, German

To quantify the production capacity and performance in research and technological developments of the Mexican Social Security Institute (IMSS). We identified and analyzed information of the legislation, human and financial resources, and infrastructure addressed for research and technological development of IMSS. We analyzed whether the information on the legal framework contained key features to boost research and technological development. Information on the human, financial, and infrastructure resources were obtained from official sources. The research productivity was identified by a bibliometric analysis in 2014; productivity in technological developments was identified by intellectual products. The legal framework of the IMSS has several areas for improvement to boost research and technological development, especially the guidelines for technology transfer. The IMSS has 438 researchers, 39 research units, and a budget of US$ 37.4 million for research and technological development. The rate of articles published per 10 researchers was 4.8; while rate patients was 1.8. The IMSS has a great potential to translate research into technological developments, it is only necessary to make some changes to the legal framework.

Securing Safety - Spaceflight Standards for the Mass Market

NASA Astrophysics Data System (ADS)

Goh, G.

The projected total revenue of the space tourism industry is expected to exceed USD $1 billion by 2021. The vast economic potential of space tourism has fuelled ambitious plans for commercial orbital and suborbital flights, in addition to longer- duration spaceflights on board the International Space Station (ISS) and other planned orbiting habitats. International and national legal frameworks are challenged to provide regulations to ensure minimum standards of spaceflight safety for a high risk activity that aims to enter the mainstream tourism market. Thrown into the mix are various considerations of the number of spaceflight participants per flight, the economic viability of stringent safety standards, the plethora of possible flight vehicles and the compensation mechanism in case of violations of safety regulations. This paper surveys the legal challenges in the regulation of safety in commercial manned spaceflight, including issues of jurisdiction, authorization, licensing and liability. Drawing on analogous developments in other fields of law related to international carriage, a safety regulation framework with minimum international standards is proposed. This proposed framework considers both accident avoidance and emergency response in light of international legal, policy and economic perspectives.

Can TTIP Improve Laboratory Animal Welfare in Safety Testing and 3Rs?

PubMed

Busquet, Francois; Zurlo, Joanne; Hartung, Thomas

2016-05-01

In the context of the current negotiations between the European Union (EU) and the United States under the Transatlantic Trade Investment Partnership (TTIP), there is the opportunity to look at both legislative frameworks to better pinpoint convergences, synergies, and gaps when it comes to use of laboratory animals for scientific purposes and bring together the best of both worlds. The objectives in this article are to indicate what are the current EU pieces of legislation that are relevant under TTIP regarding the uses of laboratory animals for scientific purposes under the regulations about cosmetics and chemicals, among others. The same approach will be taken to look at the relevant American legal frameworks, that is, the Food and Cosmetics Act and the Toxic Safety Control Act as well as its most recent reauthorization. In conclusion, the authors will identify future frameworks that can contribute to the harmonization of regulatory standards and further steps where TTIP negotiators should strengthen regulatory cooperation. © The Author 2016. Published by Oxford University Press on behalf of the Institute for Laboratory Animal Research. All rights reserved. For permissions, please email: journals.permissions@oup.com.

[Compulsory outpatient treatment and mental health care: aspects of the legal discussion from the European and Israeli perspective].

PubMed

Hegendörfer, Gerhard

2007-04-01

Recent German legal initiatives for ordering compulsory outpatient treatment in mental health care are discussed and contrasted with regulations from other European countries and Israel. The legal basis for such coercive measures is comparatively assessed by use of these documents. European countries seem somewhat hesitant to incorporate compulsory outpatient treatment into their civil legislation frameworks. Legal initiatives on this issue in Germany were rejected both on the level of the Federal civil law, and on the State-level of public administrative law. From the legal point of view reasons against compulsory outpatient treatment in mental health care are embedded in the constitutional law and in international human rights.

The Built Environment and Its Relationship to the Public’s Health: The Legal Framework

PubMed Central

Perdue, Wendy Collins; Stone, Lesley A.; Gostin, Lawrence O.

2003-01-01

The built environment significantly affects the public’s health. This was most obvious when infectious disease was the primary public health threat during the industrial revolution; unsanitary conditions and overcrowded urban areas facilitated the spread of infection. However, even today in the age of chronic diseases there remains an important connection between population health and the built environment. Physical spaces can expose people to toxins or pollutants and influence lifestyles that contribute to diabetes, coronary vascular disease, and asthma. Public health advocates can help shape the design of cities and suburbs in ways that improve public health, but to do so effectively they need to understand the legal framework. This article reviews the connection between public health and the built environment and then describes the legal pathways for improving the design of our built environment. PMID:12948949

Regulating the helping hand: improving legal preparedness for cross-border disaster medicine.

PubMed

Fisher, David

2010-01-01

Medical care is a highly regulated field in nearly every country. Therefore, it is not surprising that legal issues regularly arise in cross-border disaster operations that have with the potential to profoundly impact the effectiveness of international assistance. Little attention has been paid to preparing for and addressing these kinds of issues. This paper will report on research by the International Federation of Red Cross and Red Crescent Societies (IFRC) on International Disaster Response Law, and discuss new developments in the international legal framework for addressing these issues. For seven years, the IFRC has studied legal issues in cross-border disaster assistance. Its activities have included several dozen case studies, a global survey of governments and humanitarian stakeholders, and a series of meetings and high-level conferences. The IFRC has found a consistent set of regulatory problems in major disaster relief operations related to the entry and regulation of international relief. These include some issues specific to the health field, such as the regulation of drug donations and the recognition of foreign medical qualifications. To address the gaps in domestic and international regulatory structures, the IFRC spearheaded the development of new international guidelines. The legal risks for international health providers in disaster settings are real and should be better integrated into program planning. Governments must become more proactive in ensuring that legal frameworks are flexible enough to mitigate these problems.

Teaching Political Science in the Arab World.

ERIC Educational Resources Information Center

Habiby, Raymond

There are many impediments to the development of political science as a true academic discipline in the Arab world. Each nation has its own ideological and political framework, and freedoms are determined within this framework. To operate outside this framework is considered an attack on the legality of the system and a possible threat to national…

Effects of Governance on Availability of Land for Agriculture and Conservation in Brazil.

PubMed

Sparovek, Gerd; Barretto, Alberto Giaroli de Oliveira Pereira; Matsumoto, Marcelo; Berndes, Göran

2015-09-01

The 2012 revision of the Brazilian Forest Act changed the relative importance of private and public governance for nature conservation and agricultural production. We present a spatially explicit land-use model for Brazilian agricultural production and nature conservation that considers the spatial distribution of agricultural land suitability, technological and management options, legal command, and control frameworks including the Atlantic Forest Law, the revised Forest Act, and the Amazonian land-titling, "Terra Legal," and also market-driven land use regulations. The model is used to analyze land use allocation under three scenarios with varying priorities among agricultural production and environmental protection objectives. In all scenarios, the legal command and control frameworks were the most important determinants of conservation outcomes, protecting at least 80% of the existing natural vegetation. Situations where such frameworks are not expected to be effective can be identified and targeted for additional conservation (beyond legal requirements) through voluntary actions or self-regulation in response to markets. All scenarios allow for a substantial increase in crop production, using an area 1.5-2.7 times the current cropland area, with much of new cropland occurring on current pastureland. Current public arrangements that promote conservation can, in conjunction with voluntary schemes on private lands where conversion to agriculture is favored, provide important additional nature conservation without conflicting with national agricultural production objectives.

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.

Data protection and the patient's right to safety.

PubMed

Herveg, Jean

2014-06-01

The article investigates the issue of knowing whether or not the proposal for a general data protection regulation could improve the patient's safety. This has been analyzed through the four main contributions that should be expected at least from data protection to the patient's safety. In our view, data protection should help supporting efficient information systems in healthcare, increasing data quality, strengthening the patient's rights and drawing the legal framework for performing quality control procedures. Compared to the current legal framework, it is not sure that the proposal might improve any of these contributions to the patient's safety.

Addressing legal and policy barriers to male circumcision for adolescent boys in South Africa.

PubMed

Strode, A E; Toohey, J D; Slack, C M

2016-12-01

With millions of adolescents becoming infected with HIV globally, it is essential that barriers to much-needed interventions are reduced for at-risk adolescents. In this article we review the legal and policy framework in South Africa for adolescent access to male circumcision. We are of the view that the framework does confer protection for adolescent boys while enabling access to male circumcision; however, we identify ambiguities and tensions that exist between the Children's Act, regulations and national guidelines. We recommend reform to further enable access by this vulnerable group to this prevention modality.

The Benefits of Multidisciplinary Learning in Clinical Practice for Law, Finance, and Social Work Students: An Australian Experience

ERIC Educational Resources Information Center

Hyams, Ross; Brown, Grace; Foster, Richard

2013-01-01

In July 2010, the faculties of Law, Business and Economics, and Medicine at Monash University, Australia commenced placing law, finance, and social work students in a multidisciplinary clinic at a community legal service operated by the University. Students from the three disciplines began seeing legal service clients at the same time as a team.…

The Social, Political, Economic, and Legal Aspects of Affirmative Action Admission Litigation from 2002-2007 for Five Universities

ERIC Educational Resources Information Center

De Mars, Douglas V.

2010-01-01

Litigation against colleges and universities has prompted the need to re-examine the legalities of the means by which they strive for a diverse student population. Court decisions have resulted in mixed signals about the use of various types of affirmative action policies. This study' method presented an analysis of archival data to provide a…

Court Watching: A Promising Method to Increase Legal Socialization in University Students

ERIC Educational Resources Information Center

Lindahl, Mary W.

2007-01-01

The experience of court watching, an extended period of supervised direct observation in the courtroom, can aid students in the process of legal socialization, conceptualized as the capacity for critical reflection, expertise in deliberation, and sound judgment about profoundly divisive issues in the American legal system. It takes advantage of…

Civic Engagement in the Community: Undergraduate Clinical Legal Education

ERIC Educational Resources Information Center

Allen, Mahalley D.; Parker, Sally A.; DeLorenzo, Teodora C.

2012-01-01

The Community Legal Information Center (CLIC) of California State University, Chico, provides a unique civic engagement program designed to serve the legal service needs of Northern California. Founded in 1969, CLIC is now a 12-program, on-campus law clinic staffed by up to 125 undergraduate students each semester and is the most extensive…

Application of Preventative Legal Considerations to the Alumni Affairs Administrator.

ERIC Educational Resources Information Center

Miles, Albert S.; Miller, Michael T.

Colleges and universities increasingly rely on fund raising activities as a major source of operating revenue, a process which is wrought with legal pitfalls. This document provides an overview of the legal considerations of fund raising for the alumni and development officer, focusing particularly on span of control considerations between alumni…

Student-to-Student Harassment: The Impact of "Davis v. Monroe."

ERIC Educational Resources Information Center

Grube, Beth; Lens, Vicki

2003-01-01

This article focuses on student-to-student harassment, discussing incidents of harassment in schools, the effects on students, and the reasons it occurs in schools. The legal framework is reviewed with attention to the new legal standard established by the Supreme Court ruling in "Davis v. Monroe County Board of Education." Discusses the…

Academic Recognition: Status and Challenges

ERIC Educational Resources Information Center

Bergan, Sjur

2009-01-01

The Council of Europe/UNESCO Recognition Convention (also known as the Lisbon Recognition Convention) provides the legal framework for academic recognition in Europe, and it serves a double purpose: as a legal text and as a guide to good practice. The ENIC and NARIC Networks promote the implementation of the Convention and seek to develop a better…

Report on Legal Protection for Databases. A Report of the Register of Copyrights. August, 1997.

ERIC Educational Resources Information Center

Library of Congress, Washington, DC. Copyright Office.

This report gives an overview of the past and present domestic and international legal framework for database protection. It describes database industry practices in securing protection against unauthorized use and Copyright Office registration practices relating to databases. Finally, it discusses issues raised and concerns expressed in a series…

Students with Chronic Health Conditions, the Law and Education: A Salutary Lesson from Australia

ERIC Educational Resources Information Center

White, Julie

2015-01-01

Australia's legal and policy frameworks serve to exclude from education those children and young people who live with challenging and chronic health conditions. The Australian experience is detailed here because it offers insight for education systems of other nations into the consequences of systemic oversight and complicated legal requirements…

Cameras in Self-Contained Classrooms: Legal, Professional and Student Implications

ERIC Educational Resources Information Center

Ivie, Ashlee

2016-01-01

This paper examines the use of cameras in self-contained special education classrooms. It begins with an examination of the legal framework used when administrators are contemplating the implementation of video surveillance within the classroom. It gives a brief summary of the Family Educational Rights and Privacy Act, Individuals with…

Elder abuse and neglect: challenges and directions for legal reform.

PubMed

Breedon, Laura

2010-09-01

The last two decades have heralded an increased community and professional awareness of the phenomenon of elder abuse and the challenges it poses to the enjoyment of the human rights of some older people. The contemporary Australian legal system provides many of the components of a framework required to assist in the promotion of the rights of the elderly and in the prevention and remedy of elder abuse. This framework acts in concert with health and community services dedicated to the advancement of health and wellbeing into old age. In the future, the acknowledgment and adoption of international legal principles which are directed to the needs of the elderly, the reform of existing domestic legislation and the development of new elder-specific statutes may all impact upon the incidence and consequences of elder abuse. To date, no Australian jurisdiction has adopted a legislative regime targeted specifically at the issues confronting older Australians who may be vulnerable to abuse and neglect. This column looks at some of the options for legal reform in this area.

An international comparison of legal frameworks for supported and substitute decision-making in mental health services.

PubMed

Davidson, Gavin; Brophy, Lisa; Campbell, Jim; Farrell, Susan J; Gooding, Piers; O'Brien, Ann-Marie

2016-01-01

There have been important recent developments in law, research, policy and practice relating to supporting people with decision-making impairments, in particular when a person's wishes and preferences are unclear or inaccessible. A driver in this respect is the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the implications of the CRPD for policy and professional practices are currently debated. This article reviews and compares four legal frameworks for supported and substitute decision-making for people whose decision-making ability is impaired. In particular, it explores how these frameworks may apply to people with mental health problems. The four jurisdictions are: Ontario, Canada; Victoria, Australia; England and Wales, United Kingdom (UK); and Northern Ireland, UK. Comparisons and contrasts are made in the key areas of: the legal framework for supported and substitute decision-making; the criteria for intervention; the assessment process; the safeguards; and issues in practice. Thus Ontario has developed a relatively comprehensive, progressive and influential legal framework over the past 30 years but there remain concerns about the standardisation of decision-making ability assessments and how the laws work together. In Australia, the Victorian Law Reform Commission (2012) has recommended that the six different types of substitute decision-making under the three laws in that jurisdiction, need to be simplified, and integrated into a spectrum that includes supported decision-making. In England and Wales the Mental Capacity Act 2005 has a complex interface with mental health law. In Northern Ireland it is proposed to introduce a new Mental Capacity (Health, Welfare and Finance) Bill that will provide a unified structure for all substitute decision-making. The discussion will consider the key strengths and limitations of the approaches in each jurisdiction and identify possible ways that further progress can be made in law, policy and practice. Copyright © 2015 Elsevier Ltd. All rights reserved.

Responding to violence against women: social science contributions to legal solutions.

PubMed

Portwood, Sharon G; Heany, Julia Finkel

2007-01-01

Violence against women represents a serious problem in America. Not only does intimate partner violence represent a significant threat to women, but it also counts among its victims, children living in the violent household. By its very nature, intimate partner or domestic violence may be approached as either a legal or a social problem. However, there is a shortage of legal approaches that have been informed by sound social science research. One promising framework for developing such integrated responses to intimate partner violence is therapeutic jurisprudence, which encourages legal professionals to work closely with social scientists to develop system responses based on empirical data. Such an approach contrasts sharply with the current practice of developing law based on assumptions, which frequently reflect traditional paternalistic and sexist attitudes toward women. This paper begins by examining the current theories and scientific knowledge on domestic violence with particular emphasis on the supporting data. A theoretical framework for conceptualizing domestic violence characterized as patriarchal terrorism as distinct from common couple violence is examined and offered as a means of explaining inconsistencies in research findings. Following a review of current legal responses to domestic violence, the paper concludes by outlining alternative strategies and recommendations for future efforts that are supported by current theory and research.

[Implications of chilean legal framework in teen pregnancy prevention: conflict and insecurity in health professionals].

PubMed

Luttges D, Carolina; Leyton M, Carolina; Leal F, Ingrid; Troncoso E, Paulina; Molina G, Temístocles

2016-10-01

Teenage pregnancy is a psychosocial and multifactorial problem described as a lack of exercise of rights in sexual and reproductive health. There are important aspects in the doctor-patient relationship and confidentiality that directly affect the continuity and quality of care. There are controversies in the laws relating to the provision of contraception and confidentiality, and those that protect the sexual indemnity, especially in adolescents under 14 years. To describe the implications of the legal framework for professional midwives in the care of adolescents younger than 14 years in sexual and reproductive health. In-depth interviews were conducted to 13 female and 2 male midwives working at Primary Health Care Centers in the Metropolitan Region. The attention of adolescents younger than 14 years in sexual and reproductive health involves medical-legal issues for health professionals. All professionals recognize that mandatory reporting sexual activity is a complex situation. All professionals notify pregnancies. In relation to the delivery of contraception, clinical care is problematic since professionals should take shelter from a legal standpoint. The medical-legal context of pregnant women under 14 years of age care generates a context of uncertainty and fear for professionals and becomes a source of conflict and insecurity in the exercise of the profession.

Trusting telemedicine: A discussion on risks, safety, legal implications and liability of involved stakeholders.

PubMed

Parimbelli, E; Bottalico, B; Losiouk, E; Tomasi, M; Santosuosso, A; Lanzola, G; Quaglini, S; Bellazzi, R

2018-04-01

The main purpose of the article is to raise awareness among all the involved stakeholders about the risks and legal implications connected to the development and use of modern telemedicine systems. Particular focus is given to the class of "active" telemedicine systems, that imply a real-world, non-mediated, interaction with the final user. A secondary objective is to give an overview of the European legal framework that applies to these systems, in the effort to avoid defensive medicine practices and fears, which might be a barrier to their broader adoption. We leverage on the experience gained during two international telemedicine projects, namely MobiGuide (pilot studies conducted in Spain and Italy) and AP@home (clinical trials enrolled patients in Italy, France, the Netherlands, United Kingdom, Austria and Germany), whose development our group has significantly contributed to in the last 4 years, to create a map of the potential criticalities of active telemedicine systems and comment upon the legal framework that applies to them. Two workshops have been organized in December 2015 and March 2016 where the topic has been discussed in round tables with system developers, researchers, physicians, nurses, legal experts, healthcare economists and administrators. We identified 8 features that generate relevant risks from our example use cases. These features generalize to a broad set of telemedicine applications, and suggest insights on possible risk mitigation strategies. We also discuss the relevant European legal framework that regulate this class of systems, providing pointers to specific norms and highlighting possible liability profiles for involved stakeholders. Patients are more and more willing to adopt telemedicine systems to improve home care and day-by-day self-management. An essential step towards a broader adoption of these systems consists in increasing their compliance with existing regulations and better defining responsibilities for all the involved stakeholders. Copyright © 2018 Elsevier B.V. All rights reserved.

The Law and Emergencies: Surveillance for Public Health–Related Legal Issues During Hurricanes Katrina and Rita

PubMed Central

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

2007-01-01

Law influenced every aspect of the public health response to Hurricanes Katrina and Rita, from evacuation orders, to waivers of medical licensing requirements, to the clean-up of public health threats on private property. We used public health surveillance of news reports to identify and characterize legal issues arising during the disaster response in 5 Gulf Coast states. Data collected from news reports of the events in real time were followed-up by interviews with selected state legal and emergency management officials. Our analysis indicates the value of surveillance during and after emergency responses in identifying public health–related legal issues and helps to inform the strengthening of legal preparedness frameworks for future disasters. PMID:17413083

[Medical-legal issues of physical and pharmacological restraint].

PubMed

Gómez-Durán, Esperanza L; Guija, Julio A; Ortega-Monasterio, Leopoldo

2014-03-01

The use of physical and pharmacological restraint is controversial but is currently accepted as inevitable. It is indicated for controlling behavioral disorders and psychomotor agitation that put patients and third parties at risk. Its indication should be medical, and we should opt for the least restrictive measure. Restraints represent a possible infringement of patients' fundamental rights and require understanding and strict respect for the medical-legal precepts by physicians and other practitioners involved in its application. This article reviews the current legal framework, as well as the medical-legal premises and aspects of applying restraints, with the objective of ensuring maximum respect for patients' rights and the appropriate legal safety in the activity of practitioners. Copyright © 2014 Elsevier España, S.L. All rights reserved.

A Legal Perspective on Business: Modeling the Impact of Law

NASA Astrophysics Data System (ADS)

Ghanavati, Sepideh; Siena, Alberto; Perini, Anna; Amyot, Daniel; Peyton, Liam; Susi, Angelo

Modern goal-oriented requirements engineering frameworks use modeling as a means of better understanding a domain, leading to an overall improvement in the quality of the requirements. Regulations and laws impose additional context and constraints on software goals and can limit the satisfaction of stakeholder needs. Organizations and software developers need modeling tools that can properly address the potential deep impact legal issues can have on the effectiveness of business strategies. In this paper, we perform a preliminary study into the development of a modeling framework able to support the analysis of legal prescriptions alongside business strategies. We demonstrate, via an example drawn from a case study of the Health Insurance Portability and Accountability Act (HIPAA), how models of this law can be built with the GRL modeling language and how they can be evaluated as part of the business goal models.

Financial Exigency as Just Cause for Dismissal of Tenured Faculty in Higher Education: What Are the Legal Issues?

ERIC Educational Resources Information Center

Karr, Mary Beth

This paper addresses the legal issues surrounding a university or college's action of dismissing tenured faculty members because of the school's troubled financial condition or program discontinuance. It explores various legal principles through an examination of specific questions. These questions are: (1) How do the courts define financial…

Legal Factors Related to Access to Campuses of Public Colleges and Universities: An Occasional Paper.

ERIC Educational Resources Information Center

Lytle, Michael A.

Legal methods and related case law that can be used by public higher education administrators to deal with intrusions by outsiders onto the campus are examined. The following legal factors related to control of campus access are addressed: risk management, police power, general trespass, school related trespass/loitering statutes, First and…

The Glass Ceiling for Women in Legal Education: Contract Positions and the Death of Tenure.

ERIC Educational Resources Information Center

Angel, Marina

2000-01-01

Discussion of the glass ceiling for women in legal education first examines categories of law school personnel, especially the fast-growing category of legal-writing teachers, and then considers trends in law school hiring. Concludes that law school trends mirror those in college and university hiring generally, suggesting the weakening and…

Evolution of the Doctrine of Academic Abstention in American Jurisprudence.

ERIC Educational Resources Information Center

Leas, Terrence

The purpose of this study was to determine the current legal status of U.S. postsecondary education by examining the legal doctrine of academic abstention, a theory by which U.S. jurists have hitherto avoided excessive legal interference with the academic affairs of colleges and universities. Since World War II, however, changes in the student and…

Through the Eyes of Higher Education Attorneys: How Department Chairs Are Navigating the Waters of Legal Issues and Risk Management

ERIC Educational Resources Information Center

Hustoles, Carol L. J.

2012-01-01

Legal and risk management issues substantially impact the operations of colleges and universities, which face escalating compliance requirements in an increasingly litigious environment. Failing to assess legal liability issues and to constructively address them with risk management processes create vulnerability to claims and litigation,…

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.

Modular framework to assess the risk of African swine fever virus entry into the European Union.

PubMed

Mur, Lina; Martínez-López, Beatriz; Costard, Solenne; de la Torre, Ana; Jones, Bryony A; Martínez, Marta; Sánchez-Vizcaíno, Fernando; Muñoz, María Jesús; Pfeiffer, Dirk U; Sánchez-Vizcaíno, José Manuel; Wieland, Barbara

2014-07-03

The recent occurrence and spread of African swine fever (ASF) in Eastern Europe is perceived as a serious risk for the pig industry in the European Union (EU). In order to estimate the potential risk of ASF virus (ASFV) entering the EU, several pathways of introduction were previously assessed separately. The present work aimed to integrate five of these assessments (legal imports of pigs, legal imports of products, illegal imports of products, fomites associated with transport and wild boar movements) into a modular tool that facilitates the visualization and comprehension of the relative risk of ASFV introduction into the EU by each analyzed pathway. The framework's results indicate that 48% of EU countries are at relatively high risk (risk score 4 or 5 out of 5) for ASFV entry for at least one analyzed pathway. Four of these countries obtained the maximum risk score for one pathway: Bulgaria for legally imported products during the high risk period (HRP); Finland for wild boar; Slovenia and Sweden for legally imported pigs during the HRP. Distribution of risk considerably differed from one pathway to another; for some pathways, the risk was concentrated in a few countries (e.g., transport fomites), whereas other pathways incurred a high risk for 4 or 5 countries (legal pigs, illegal imports and wild boar). The modular framework, developed to estimate the risk of ASFV entry into the EU, is available in a public domain, and is a transparent, easy-to-interpret tool that can be updated and adapted if required. The model's results determine the EU countries at higher risk for each ASFV introduction route, and provide a useful basis to develop a global coordinated program to improve ASFV prevention in the EU.

Emotion and the law: a framework for inquiry.

PubMed

Wiener, Richard L; Bornstein, Brian H; Voss, Amy

2006-04-01

This paper draws on research in social and cognitive psychology to show how theories of judgment and decision making that incorporate decision makers' affective responses apply to legal contexts. It takes 2 widely used models of decision making, the rational actor and lens models, and illustrates their utility for understanding legal judgments by using them to interpret research findings on juror decision making, people's obedience to the law (e.g., paying taxes), and eyewitness memory. The paper concludes with a discussion of the advantages of modifying existing approaches to information processing to include the influence of affect on how legal actors reach judgments about law and legal process.

Not just euthanasia: recognizing a legal positive right to palliative care.

PubMed

Colombo, Sylviane

2005-03-01

As jurists, doctors, and ethicists are increasingly engaged in the debate as to whether and how to legalize euthanasia as a matter of public policy, less debate takes place on what it is submitted ought naturally to come before, i.e. the affirmation of a legal right to palliative care. In Israel, the draft law The Terminally Ill Patient (2001) includes a palliative care provision. It is submitted that such provision, laudable as it is, appears within a euthanasia-oriented framework and is given too limited a scope. Hence the suggestion that palliative care be given an autonomous role, and be recognized as a positive legal right.

WHO FCTC as a Pioneering and Learning Instrument Comment on "The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?"

PubMed

Puska, Pekka

2017-05-23

The World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) is a unique global health instrument, since it is in the health field the only instrument that is international law. After the 10 years of its existence an Independent Expert Group assessed the impact of the FCTC using all available data and visiting a number of countries interviewing different stakeholders. It is quite clear that the Treaty has acted as a strong catalyst and framework for national actions and that remarkable progress in global tobacco control can be seen. At the same time FCTC has moved tobacco control in countries from a pure health issue to a legal responsibility of the whole government, and on the international level created stronger interagency collaboration. The assessment also showed the many challenges. The spread of tobacco use, as well as of other risk lifestyles, is related to globalization. FCTC is a pioneering example of global action to counteract the negative social consequences of globalization. A convention is not an easy instrument, but the FCTC has undoubtedly sparked thinking and development of other stronger public health instruments and of needed governance structures. © 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.

Human rights of persons with mental illness in Indonesia: more than legislation is needed

PubMed Central

Irmansyah, I; Prasetyo, YA; Minas, H

2009-01-01

Background Although attention to human rights in Indonesia has been improving over the past decade, the human rights situation of persons with mental disorders is still far from satisfactory. The purpose of this paper is to examine the legal framework for protection of human rights of persons with mental disorder and the extent to which Indonesia's international obligations concerning the right to health are being met. Methods We examined the Indonesian constitution, Indonesian laws relevant to the right to health, the structure and operation of the National Human Rights Commission, and what is known about violations of the human rights of persons with mental illness from research and the media. Results The focus of the Indonesian Constitution on rights pre-dated the Universal Declaration, Indonesia has ratified relevant international covenants and domestic law provides an adequate legal framework for human rights protections. However, human rights abuses persist, are widespread, and go essentially unremarked and unchallenged. The National Human Rights Commission has only recently become engaged in the issue of protection of the rights of persons with mental illness. Conclusion More than legislation is needed to protect the human rights of persons with mental illness. Improving the human rights situation for persons with mental illness in Indonesia will require action by governments at national, provincial and district levels, substantial increases in the level of investment in mental health services, coordinated action by mental health professionals and consumer and carer organisations, and a central role for the National Human Rights Commission in protecting the rights of persons with mental illness. PMID:19545362

Periodontology as a recognized dental speciality in Europe.

PubMed

Sanz, Mariano; van der Velden, Ubele; van Steenberghe, Daniel; Baehni, Pierre

2006-06-01

The impetus of the Bologna Process under the auspices of European Union governments has raised enormous expectations. It is the major educational change in Europe within the last 50 years and all the focus from university institutions, learned societies and thematic networks has shifted to this process, with the aim of developing consensus schemes in order to arrive at the expected European Convergence in Higher Education (to be completed by 2010). Dentistry as one of the health professions with clear Educational Standards, as defined by the European Dental Directives, is also reviewing its educational processes within this Bachelor-Master-Doctorate scheme and evaluating how the current and future dental specialities should be accommodated within this framework. Among these specialities, Periodontology is currently considered a formal dental speciality in 11 countries belonging to the EU however it lacks this legal status in the rest of the 14 EU countries. The purpose of this position paper is to provide evidence for the need for a recognized specialty in Periodontology at European level focusing on both the educational and professional perspective, with the hope of providing discussions that may contribute to facilitate its legal establishment as a new dental speciality in Europe.

Proposing a Universal Framework for Resilience: Optimizing Risk and Combating Human Vulnerabilities

NASA Astrophysics Data System (ADS)

Sarkar, Arunima

2017-04-01

In the recent years we have seen a massive impact of loss created to urban settlements and critical infrastructure as a result of disasters. The disaster risk associates itself vulnerabilities and many complexities which can disrupt the functioning of human society. The uncertain loss created by disasters can present unforeseeable risk which remain unaccounted to human understanding. It is imperative to note that human urbanization and development is correlated with human vulnerabilities and challenges posed by disasters. Disaster risks are aggravated by improper planning of cities, weak framework for urban governance and regulatory regimes and lack of equalities amongst the citizens. The international agenda on disaster risk reduction talks about increasing losses due to disasters associated with development and urbanization. The United Nations announced that the year 1990 was the International Decade for Natural Disaster Reduction. In relation to this, the "Yokohama Strategy and Plan of Action" was adopted at the first United Nations World Conference on Disaster Reduction. The United Nations Educational, Scientific and Cultural Organization's (UNESCO) Intergovernmental Oceanic Commission coordinated the World Conference on Disaster Reduction in 2005 where the Hyogo Framework for Action was adopted. The Hyogo Framework for Action: Building the resilience of communities to disaster was adopted by 168 nations after the massive loss caused by Indian ocean tsunami in 2005. The Hyogo Framework proposes to focus on implementation of risk and reliability system to shield disasters, proposes global scientific and community platform for disaster prevention and mitigation etc. The early warning system and its importance as an effective tool for reduction of human vulnerabilities for disaster management was majorly emphasized. It is imperative to highlight that resilience framework is important in order to minimize cost of disruption caused to critical infrastructure and to strengthen and optimize the decision making skill and platform for a better sustainable society. The resilience framework provides a cross-sector and multi-level analysis to tackle the vulnerabilities which can be caused to essential utilities like power, water, transport and various machineries that are essential for human sustainability. The direction of resilience framework focuses on prevention of damage and disruption of disaster, mitigate the loss caused to human society and provide the best response for disaster resilience. Thus, the basic pillars which are important for the implementation of resilience is proper governance framework and transparency which takes into account various cost and risk analysis. Thus a common and universal framework for resilience is the main requirement for mass accessibility. The aim of resilience framework focuses on universal adaptability, coherence and validation. A mixed method analysis has been undertaken in this research paper which focuses on the following issues: • Legal, Institutional and community framework for integrating resilience framework of global north and global south. • Spatial as well as statistical analysis to structuralize disaster risk and resilient framework for disaster management. • Early warning system and emergency response in a comparative scale to analyse the various models of risk and resilience framework implemented in USA, China, Nepal and India for proposing an integrated resilience strategy.

Imagining Global Health with Justice: In Defense of the Right to Health.

PubMed

Friedman, Eric A; Gostin, Lawrence O

2015-12-01

The singular message in Global Health Law is that we must strive to achieve global health with justice--improved population health, with a fairer distribution of benefits of good health. Global health entails ensuring the conditions of good health--public health, universal health coverage, and the social determinants of health--while justice requires closing today’s vast domestic and global health inequities. These conditions for good health should be incorporated into public policy, supplemented by specific actions to overcome barriers to equity. A new global health treaty grounded in the right to health and aimed at health equity--a Framework Convention on Global Health (FCGH)--stands out for its possibilities in helping to achieve global health with justice. This far-reaching legal instrument would establish minimum standards for universal health coverage and public health measures, with an accompanying national and international financing framework, require a constant focus on health equity, promote Health in All Policies and global governance for health, and advance the principles of good governance, including accountability. While achieving an FCGH is certainly ambitious, it is a struggle worth the efforts of us all. The treaty’s basis in the right to health, which has been agreed to by all governments, has powerful potential to form the foundation of global governance for health. From interpretations of UN treaty bodies to judgments of national courts, the right to health is now sufficiently articulated to serve this role, with the individual’s right to health best understood as a function of a social, political, and economic environment aimed at equity. However great the political challenge of securing state agreement to the FCGH, it is possible. States have joined other treaties with significant resource requirements and limitations on their sovereignty without significant reciprocal benefits from other states, while important state interests would benefit from the FCGH. And from integrating the FCGH into the existing human rights system to creative forms of compliance and enforcement and strengthened domestic legal and political accountability mechanisms, the treaty stands to improve right to health compliance. The potential for the FCGH to bring the right to health nearer universal reality calls for us to embark on the journey towards securing this global treaty.

Compulsory sexuality.

PubMed

Emens, Elizabeth F

2014-02-01

Asexuality is an emerging identity category that challenges the common assumption that everyone is defined by some type of sexual attraction. Asexuals--those who report feeling no sexual attraction to others--constitute one percent of the population, according to one prominent study. In recent years, some individuals have begun to identify as asexual and to connect around their experiences interacting with a sexual society. Asexuality has also become a protected classification under the antidiscrimination law of one state and several localities, but legal scholarship has thus far neglected the subject. This Article introduces asexuality to the legal literature as a category of analysis, an object of empirical study, and a phenomenon of medical science. It then offers a close examination of the growing community of self-identified asexuals. Asexual identity has revealing intersections with the more familiar categories of gender, sexual orientation, and disability, and inspires new models for understanding sexuality. Thinking about asexuality also sheds light on our legal system. Ours is arguably a sexual law, predicated on the assumption that sex is important. This Article uses asexuality to develop a framework for identifying the ways that law privileges sexuality. Across various fields, these interactions include legal requirements of sexual activity, special carve-outs to shield sexuality from law, legal protections from others' sexuality, and legal protections for sexual identity. Applying this framework, the Article traces several ways that our sexual law burdens, and occasionally benefits, asexuals. This Article concludes by closely examining asexuality's prospects for broader inclusion into federal, state, and local antidiscrimination laws.

Lifelong Learning Policy for the Elderly People: A Comparative Experience between Japan and Thailand

ERIC Educational Resources Information Center

Dhirathiti, Nopraenue

2014-01-01

This study examined and compared the legal inputs, structural settings and implementation process of lifelong learning policy in Thailand and Japan focusing on street-level agents. The findings demonstrated that while both countries had legal frameworks that provided a legislative platform to promote lifelong learning among the elderly based on a…

Subjects of the State within the Russian Federation: Constitutional and Legal Framework

ERIC Educational Resources Information Center

Tumanov, Dmitriy Yu.; Sakhapov, Rinat R.

2016-01-01

The purpose of this study is to analyze the modern problems of federalism in the Russian Federation. In particular, the article examines the main provisions of the Constitution of the Russian Federation, which regulate the legal status of subjects in the Russian Federation, their rights and responsibilities, limits of autonomy and differentiation…

Race and Jury Selection: Psychological Perspectives on the Peremptory Challenge Debate

ERIC Educational Resources Information Center

Sommers, Samuel R.; Norton, Michael I.

2008-01-01

The legal system is a domain of potential relevance for psychologists, whether in the capacity of expert witness or citizen juror. In this article, the authors apply a psychological framework to legal debate surrounding the impact of race on the process of jury selection. More specifically, the authors consider race and the peremptory challenge,…

The "American" (North American) Model of Constitutional Review: Historical Background and Early Development

ERIC Educational Resources Information Center

Klishas, Andrey A.

2016-01-01

The paper explores the impact of the continental system exerted on the constitutional and political evolution of both the United States and individual states and tries to characterize the development of constitutional review phenomenon within the framework of the continental legal system and the Anglo-Saxon legal system. The research stands on the…

Language and Culture Restrictions and Discrimination in K-12 Private Schools: An Australian Perspective

ERIC Educational Resources Information Center

Cumming, Joy; Mawdsley, Ralph

2013-01-01

In a companion article, we considered legal issues in language and culture in private schooling in two U.S. contexts: "Silva v. St. Anne Catholic School" and "Doe v. Kamehameha Schools". In this article, we consider the facts and findings of these two cases under the human rights and antidiscrimination legal frameworks of…

Teaching Tobacco Cessation Skills to Uruguayan Physicians Using Information and Communication Technologies

ERIC Educational Resources Information Center

Llambi, Laura; Esteves, Elba; Martinez, Elisa; Forster, Thais; Garcia, Sofia; Miranda, Natalia; Arredondo, Antonio Lopez; Margolis, Alvaro

2011-01-01

Introduction: Since 2004, with the ratification of the Framework Convention on Tobacco Control, Uruguay has implemented a wide range of legal restrictions designed to reduce the devastating impacts of tobacco. This legal process generated an increase in demand for tobacco cessation treatment, which led to the need to train a large number of…

Regulatory experience in applying a radiological environmental protection framework for existing and planned nuclear facilities.

PubMed

Mihok, S; Thompson, P

2012-01-01

Frameworks and methods for the radiological protection of non-human biota have been evolving rapidly at the International Commission on Radiological Protection and through various European initiatives. The International Atomic Energy Agency has incorporated a requirement for environmental protection in the latest revision of its Basic Safety Standards. In Canada, the Canadian Nuclear Safety Commission has been legally obligated to prevent unreasonable risk to the environment since 2000. Licensees have therefore been meeting generic legal requirements to demonstrate adequate control of releases of radioactive substances for the protection of both people and biota for many years. In the USA, in addition to the generic requirements of the Environmental Protection Agency and the Nuclear Regulatory Commission, Department of Energy facilities have also had to comply with specific dose limits after a standard assessment methodology was finalised in 2002. Canadian regulators developed a similar framework for biota dose assessment through a regulatory assessment under the Canadian Environmental Protection Act in the late 1990s. Since then, this framework has been applied extensively to satisfy legal requirements under the Canadian Environmental Assessment Act and the Nuclear Safety and Control Act. After approximately a decade of experience in applying these methods, it is clear that simple methods are fit for purpose, and can be used for making regulatory decisions for existing and planned nuclear facilities. Copyright © 2012. Published by Elsevier Ltd.

Space law and space resources

NASA Technical Reports Server (NTRS)

Goldman, Nathan C.

1992-01-01

Space industrialization is confronting space law with problems that are changing old and shaping new legal principles. The return to the Moon, the next logical step beyond the space station, will establish a permanent human presence there. Science and engineering, manufacturing and mining will involve the astronauts in the settlement of the solar system. These pioneers, from many nations, will need a legal, political, and social framework to structure their lives and interactions. International and even domestic space law are only the beginning of this framework. Dispute resolution and simple experience will be needed in order to develop, over time, a new social system for the new regime of space.

[Women are human: Brief guide on international human rights law for psychiatrists].

PubMed

Sobredo, Laura D

2017-07-01

Violence against women has gained public awareness in Argentina over the last few years. As any other social phenomena, gender violence is present in the work of psychiatrists, especially in the way they approach to clinical practice. International human rights' law enshrines the right of every women to live free from violence and to be treated with dignity and respect. This legal framework might nourish the practice of psychiatrists as a proposal for seeking cultural and social common grounds. The paper tries to get readers attention on the potentiality of this legal framework which ultimately, might in?uence not only everyday life but clinical practice as well.

Ethical aspects of registry-based research in the Nordic countries.

PubMed

Ludvigsson, Jonas F; Håberg, Siri E; Knudsen, Gun Peggy; Lafolie, Pierre; Zoega, Helga; Sarkkola, Catharina; von Kraemer, Stephanie; Weiderpass, Elisabete; Nørgaard, Mette

2015-01-01

National health care registries in the Nordic countries share many attributes, but different legal and ethical frameworks represent a challenge to promoting effective joint research. Internationally, there is a lack of knowledge about how ethical matters are considered in Nordic registry-based research, and a lack of knowledge about how Nordic ethics committees operate and what is needed to obtain an approval. In this paper, we review ethical aspects of registry-based research, the legal framework, the role of ethics review boards in the Nordic countries, and the structure of the ethics application. We discuss the role of informed consent in registry-based research and how to safeguard the integrity of study participants, including vulnerable subjects and children. Our review also provides information on the different government agencies that contribute registry-based data, and a list of the major health registries in Denmark, Finland, Iceland, Norway, and Sweden. Both ethical values and conditions for registry-based research are similar in the Nordic countries. While Denmark, Finland, Iceland, Norway, and Sweden have chosen different legal frameworks, these differences can be resolved through mutual recognition of ethical applications and by harmonizing the different systems, likely leading to increased collaboration and enlarged studies.

Ethical aspects of registry-based research in the Nordic countries

PubMed Central

Ludvigsson, Jonas F; Håberg, Siri E; Knudsen, Gun Peggy; Lafolie, Pierre; Zoega, Helga; Sarkkola, Catharina; von Kraemer, Stephanie; Weiderpass, Elisabete; Nørgaard, Mette

2015-01-01

National health care registries in the Nordic countries share many attributes, but different legal and ethical frameworks represent a challenge to promoting effective joint research. Internationally, there is a lack of knowledge about how ethical matters are considered in Nordic registry-based research, and a lack of knowledge about how Nordic ethics committees operate and what is needed to obtain an approval. In this paper, we review ethical aspects of registry-based research, the legal framework, the role of ethics review boards in the Nordic countries, and the structure of the ethics application. We discuss the role of informed consent in registry-based research and how to safeguard the integrity of study participants, including vulnerable subjects and children. Our review also provides information on the different government agencies that contribute registry-based data, and a list of the major health registries in Denmark, Finland, Iceland, Norway, and Sweden. Both ethical values and conditions for registry-based research are similar in the Nordic countries. While Denmark, Finland, Iceland, Norway, and Sweden have chosen different legal frameworks, these differences can be resolved through mutual recognition of ethical applications and by harmonizing the different systems, likely leading to increased collaboration and enlarged studies. PMID:26648756

Comparative SWOT analysis of strategic environmental assessment systems in the Middle East and North Africa region.

PubMed

Rachid, G; El Fadel, M

2013-08-15

This paper presents a SWOT analysis of SEA systems in the Middle East North Africa region through a comparative examination of the status, application and structure of existing systems based on country-specific legal, institutional and procedural frameworks. The analysis is coupled with the multi-attribute decision making method (MADM) within an analytical framework that involves both performance analysis based on predefined evaluation criteria and countries' self-assessment of their SEA system through open-ended surveys. The results show heterogenous status with a general delayed progress characterized by varied levels of weaknesses embedded in the legal and administrative frameworks and poor integration with the decision making process. Capitalizing on available opportunities, the paper highlights measures to enhance the development and enactment of SEA in the region. Copyright © 2013 Elsevier Ltd. All rights reserved.

How to Integrate Student Internships into Legal Studies Research and Curriculum: A Case Study

ERIC Educational Resources Information Center

Jasperson, Jill O.

2017-01-01

The aim of this article is to answer the "how" and "why" of a Legal Studies internship experience at a public university. Internship is an integral part of student learning. Although the Faculty/Organizers conducted a free legal clinic for five years previous, this case study discusses a first time internship attempt by faculty…

Criterion V: Legal, institutional, and economic framework for rangeland conservation and sustainable management [Chapter 6

Treesearch

Jonn E. Mitchell; Stan Hamiliton; Thomas Lustig; Kenneth Nelson; Tom Roberts; Brian Czech

2010-01-01

Laws, institutions, and economic policies play a large role in determining the sustainability of rangelands. They provide the basic framework from which many lasting decisions about rangeland management are made. The SRR has identified 10 primary indicators to assess how this framework influences the long-term health and productivity of rangeland in this country. The...

From Nuremberg to bioethics: an educational project for students of dentistry and dental prosthesis

PubMed Central

Marinozzi, Silvia; Corbellini, Gilberto; Ottolenghi, Livia; Ripari, Francesca; Pizzuti, Antonio; Pezzetti, Marcello; Gaj, Fabio

2013-01-01

Summary In the lessons of medical-scientific methodologies of the medical faculty at the Sapienza University of Rome, basic notions on the ethical and deontologic aspects characterizing the history of the medical profession are provided, including the formulation and application of bioethical principles to clinics and biomedical research. Within such framework, an educational project has been initiated on the historical origin of the current normative and juridic dispositions in the regulation of experimental biomedical research and the relationship between health operators and patients, with particular attention to the procedure, the meaning the value either professional or deontologic, of ethics and the legality of the informed consensus. Emphasis is put on medical and experimental abuses that occurred in Germany during the nazi regime. PMID:23741533

[Care for unaccompanied minor migrant adolescents at the Youth Health Consultation: Support, psychotherapy and resilience].

PubMed

Devillé, Cédric; Lambert, Nelle

2018-04-18

The Unité Santé Jeunes of the Geneva University Hospitals offers multidisciplinary care to young people between the ages of 12 years and 25 years, including unaccompanied minor migrant adolescents. The psychiatrist and child psychiatrist of the unit participate actively. These young people are primarily teenagers, but it is clear from our experience that their care has some specificities and require an adaptation of the framework. The aim of this article is to open the reflection on socio-legal-educational support and the care to offer them to help them feeling secure and a different psychotherapeutic space. Fostering personal resources by building resilience and increasing self-esteem, the adolescent will thus be able to positive experiences encouraging him in his future project.

End of FY10 report - used fuel disposition technical bases and lessons learned : legal and regulatory framework for high-level waste disposition in the United States.

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

Weiner, Ruth F.; Blink, James A.; Rechard, Robert Paul

This report examines the current policy, legal, and regulatory framework pertaining to used nuclear fuel and high level waste management in the United States. The goal is to identify potential changes that if made could add flexibility and possibly improve the chances of successfully implementing technical aspects of a nuclear waste policy. Experience suggests that the regulatory framework should be established prior to initiating future repository development. Concerning specifics of the regulatory framework, reasonable expectation as the standard of proof was successfully implemented and could be retained in the future; yet, the current classification system for radioactive waste, including hazardousmore » constituents, warrants reexamination. Whether or not consideration of multiple sites are considered simultaneously in the future, inclusion of mechanisms such as deliberate use of performance assessment to manage site characterization would be wise. Because of experience gained here and abroad, diversity of geologic media is not particularly necessary as a criterion in site selection guidelines for multiple sites. Stepwise development of the repository program that includes flexibility also warrants serious consideration. Furthermore, integration of the waste management system from storage, transportation, and disposition, should be examined and would be facilitated by integration of the legal and regulatory framework. Finally, in order to enhance acceptability of future repository development, the national policy should be cognizant of those policy and technical attributes that enhance initial acceptance, and those policy and technical attributes that maintain and broaden credibility.« less

Child research in South Africa: How do the new regulations help?

PubMed

Strode, Ann Elaine; Slack, Catherine May

2015-11-01

Child research is governed by legal norms in the National Health Act (2003) and the Regulations. There is increasing harmony between the two on many issues, including the conditions under which children should be enrolled in research. The most striking disjuncture in the ethical-legal framework remains the allowable consent strategy for child research, where the law requires mandatory parental or legal guardian consent for all child research, while ethical guidelines afford research stakeholders the discretion to implement exceptions to this approach in specific justifiable circumstances.

Social-ecological resilience and law

USGS Publications Warehouse

Garmestani, Ahjond S.; Allen, Craig R.

2014-01-01

Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, “resilience theory,” which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.

[Living donors for kidney transplantation: ethical and legal challenges].

PubMed

Mamzer-Bruneel, Marie-France; Fournier, Catherine; Legendre, Christophe

2010-05-01

Living donor kidney transplantation has developed very heterogeneously worldwide despite excellent results and without taking into account the context of global organ shortage. Such a heterogeneity highlights persistent ethical issues, whereas organ trafficking is emerging as an organized transplant tourism reinforcing the need for strong national legal frameworks. Despite its powerful regulation system, which ensures standardization, transparency and accountability of support for donation, France remains reluctant to enlarge the circle of legal donors, whereas it would be the first step to give a greater role to living organ donation.

Psychotropics without borders: ethics and legal implications of internet-based access to psychiatric medications.

PubMed

Klein, Carolina A

2011-01-01

Medical practitioners are revisiting many of the ethics and the legal implications surrounding the clinical frameworks within which we operate. In today's world, distinguishing between virtual and physical reality continues to be increasingly difficult. The physician may be found grappling with the decision of whether to continue to treat a patient who may be obtaining psychotropic medications through the Internet. This article approaches some of the clinical and legal implications and the ethics regarding the availability of prescription psychotropics over the Internet.

Child research in South Africa: How do the new regulations help?

PubMed Central

Strode, AE; Slack, CM

2018-01-01

Child research is governed by legal norms in the National Health Act (2003) and the Regulations. There is increasing harmony between the two on many issues, including the conditions under which children should be enrolled in research. The most striking disjuncture in the ethical-legal framework remains the allowable consent strategy for child research, where the law requires mandatory parental or legal guardian consent for all child research, while ethical guidelines afford research stakeholders the discretion to implement exceptions to this approach in specific justifiable circumstances. PMID:26632311

[Internet presence in surgical departments in Germany. II. Legal bases of medical Internet presence].

PubMed

Schenk, C; Nimmerfroh, O; Mugomba, G; Dabidian, R; Glaser, F

2001-09-01

In recent years, the Internet has generally been growing throughout the world, and physicians have taken to the Web as well. Besides its use for medical data research, physicians and hospitals are increasingly discovering the Internet as a vehicle for the presentation of their scope of practice. In this regard, the legal frameworks in Germany are strictly regulated. This article presents current legal standards and consequences to be faced when the law on prohibited advertising is broken. Included are references to specific laws concerning Internet pages.

Do men have rights in abortion? The Greek view.

PubMed

Mavroforou, Anna; Koumantakis, Evgenios; Michalodimitrakis, Emmanuel

2010-03-01

We have examined from a legal perspective the father's role in the decision to abort a pregnancy in western society. Furthermore, we have taken a closer look into the inadequacies the Greek legal framework on this issue, from a legal and social point of view. Literature in the Greek and English language. One of abortion's many victims is the father of the child. In most European countries and the United States of America, the law does not give any rights to the father on the issue of an abortion. Quite simply, men have no legal rights when it comes to abortion. Legally, an abortion is a private matter between a woman and her doctor, even if she is married. Greece was one of the last countries in Europe to legalize abortion after a long debate in Parliament and the publication of numerous declarations by women's rights organizations. However, despite the liberalization of abortion, which followed the ratification of L 1609/86, the legal framework in which abortions are carried out is not entirely satisfactory. One of the areas that require clarification is the role of father. L 1609/86 does not specify men's rights in abortion. Post-abortion counseling services are dealing with an increasing number of men coming forward, grieving their aborted children. A more careful approach is required and a possible review of the law on abortion may be useful. Counselling for women and their male partners should be offered by state organisations. Clarity of thinking, sympathy and understanding are prerequisites in order for a solution respecting the personality of both the woman and her male partner to be reached.

European survey on ethical and legal framework of clinical trials in paediatrics: results and perspectives.

PubMed

Altavilla, Annagrazia; Giaquinto, Carlo; Ceci, Adriana

2008-09-01

This article constitutes a synthesis and analysis of the results of the "Survey on the ethical and legal frameworks existing in Europe for paediatric clinical trials" carried out by the European network TEDDY. TEDDY is a "Network of Excellence" funded by the Sixth EU Framework Programme (FP6). It began its activities in June 2005 and it is scheduled to run until 2010. It involves 19 partners in 11 countries. The overall goal of TEDDY is to promote the availability of safe and effective medicines to children in Europe by integrating existing expertise and the good practices. In the domain of ethics, the main aim of TEDDY is raise the awareness of the public and researchers concerning issues linked to biomedical research in paediatrics, by contributing to developing the debate on the ethical and legal stakes, as well as the potential deviations, in order to ensure the best possible protection of children participating in clinical trials. This study, with twenty-seven participating countries (23 EU Member States and 4 countries associated to the Fifth and Sixth EU Framework Programme), proposes to highlight the existing differences in the legislation of European countries concerning the procedure of consent, as well as the guarantee of the paediatric expertise within the Ethics Committees which are in charge of evaluating research protocols. The study shows that, even though the Directive 2001/20/EC has been transposed, the value attributed to the consent of minors who participate in clinical trials is different depending on the European state. Despite the general rule of having the written consent of the legal representative of the minor, over a certain age (different in relation to each state) and under certain conditions, to give the consent alone to participate in biomedical research. Furthermore, there is an Ethics Committee for minors in only four countries. In addition, we illustrate the lack of information and in-depth debate in Europe concerning the ethical stakes of clinical trials in paediatrics. An overview of possible legal deviations is also presented.

[The problems of professional competence in the complementary professional forensic medical expertise programs of advanced training and professional requalification].

PubMed

Shadymov, A B; Fominykh, S A; Dik, V P

This article reports the results of the analysis of the new tendencies and normatives of the working legislation in the field of additional professional education in the speciality of «forensic medical expertise» and the application of the competency-based approach to the training of specialists in the framework of professional requalification and advanced training programs. Special attention is given to the problems of organization of the educational process and the elaboration of additional training programs based on the competency approach to the training of specialists at the Department of Forensic Medicine and Law with the professor V.N. Kryukov Course of Advanced Professional Training and Professional Requalification of Specialists at the state budgetary educational Institution of higher professional education «Altai State Medical University», Russian Ministry of Health. The study revealed the problems pertaining to the development of professional competencies in the framework of educational programs for the professional requalification and advanced training in the speciality «forensic medical expertise». The authors propose the legally substantiated approaches to the solution of these problems.

Optimizing the health impacts of civil legal aid interventions: the public health framework of medical-legal partnerships.

PubMed

Lawton, Ellen; Tyler, Elizabeth Tobin

2013-07-01

Research documents the significance of the social determinants of health - the social and environmental conditions in which people live, work and play. A critical foundation of these social and environmental conditions are laws and regulations, which construct the environments in which individuals and populations live, influencing how and when people face disease. Increasingly, healthcare providers, public health professionals and lawyers concerned with social determinants are joining forces to form Medical-Legal Partnerships (MLPs) which offer a preventive approach to address the complex social, legal and systemic problems that affect the health of vulnerable populations. Now in more than 500 health and legal institutions across the country, including Rhode Island, MLP is a healthcare delivery model that integrates legal assistance as a vital component of healthcare. This article explores the many benefits of the MLP model for improving patient health, transforming medical and legal practice and institutions and generating policy changes that specifically address health disparities and social determinants.

Therapeutic jurisprudence and sex offenders: a psycho-legal approach to protection.

PubMed

Birgden, Astrid

2004-10-01

Societal response to sex offenders is marked by uncertainty about whether punishment or treatment should occur. The distinction between punishment, prevention, and protection is useful to determine how best to assess, treat, and manage sex offenders within the criminal justice system. Once convicted, both law and psychology are concerned with sex offenders changing their behavior in order to protect the community. Therapeutic jurisprudence is a legal theory that aims to maximize therapeutic effects of the law and minimize anti-therapeutic consequences of the law. Therapeutic jurisprudence provides a framework to combine legal and psychological processes to balance prevention and protection. Legal and correctional practitioners can work together to address both community protection and offender protection concerns.

Technological innovations in forensic genetics: social, legal and ethical aspects.

PubMed

Wienroth, Matthias; Morling, Niels; Williams, Robin

2014-01-01

This paper discusses the nature of four waves of technological innovations in forensic genetics alongside the social, legal and ethical aspect of these innovations. It emphasises the way in which technological advances and their socio-legal frameworks are co-produced, shaping technology expectations, social identities, and legal institutions. It also considers how imagined and actual uses of forensic genetic technologies are entangled with assertions about social order, affirmations of common values and civil rights, and promises about security and justice. Our comments seek to encourage the participation of scientific actors in the development of anticipatory governance deliberations concerning the widening application of forensic genetics in an increasing number of criminal and civil jurisdictions.

Some legal concerns with the use of crowd-sourced Geospatial Information

NASA Astrophysics Data System (ADS)

Cho, George

2014-06-01

Volunteered geographic Information (VGI), citizens as sensors, crowd-sourcing and 'Wikipedia' of maps have been used to describe activity facilitated by the Internet and the dynamic Web 2.0 environment to collect geographic information (GI). Legal concerns raised in the creation, assembly and dissemination of GI by produsers include: quality, ownership and liability. In detail, accuracy and authoritativeness of the crowd-sourced GI; the ownership and moral rights to the information, and contractual and tort liability are key concerns. A legal framework and governance structure may be necessary whereby technology, networked governance and provision of legal protections may be combined to mitigate geo-liability as a 'chilling' factor in VGI development.

Military Review. Volume 81, Number 5, September-October 2001

DTIC Science & Technology

2001-10-01

Leavenworth. He received a B.A. from the University of Colorado at Boulder, a J.D. from Den- ver University School of Law, an M.A. and Ph.D. from Denver ...after jumping a perimeter fence. 33MILITARY REVIEW l September-October 2001 peacekeeping forces; however, this may not be pos- sible due to legal ...leverage the consequences of their actions. l Allowing smaller nations to dominate larger ones. These issues require intense doctrinal policy and legal

Law Everyone Should Know. Adult Course Outline, 1974 Revision.

ERIC Educational Resources Information Center

Tregaskis, George K.

The introductory one semester course is for the layman interested in obtaining a broad overview of his legal rights and responsibilities. It is not intended to provide him with the training necessary to try his own case; rather, it is intended to give him a legal framework within which he can find guidelines for his actions in various common…

Institutional Denial about the Dark Side of Law School, and Fresh Empirical Guidance for Constructively Breaking the Silence.

ERIC Educational Resources Information Center

Krieger, Lawrence S.

2002-01-01

Noting evidence of the "dark side" of legal education and the process of denial among faculty, describes recent psychological research on the components of happiness and life satisfaction. Asserts that this research provides an objective framework for understanding the pervasive problems in legal education settings and thus can lead to…

The Analytical Pragmatic Structure of Procedural Due Process: A Framework for Inquiry in Administrative Decision Making.

ERIC Educational Resources Information Center

Fisher, James E.; Sealey, Ronald W.

The study describes the analytical pragmatic structure of concepts and applies this structure to the legal concept of procedural due process. This structure consists of form, purpose, content, and function. The study conclusions indicate that the structure of the concept of procedural due process, or any legal concept, is not the same as the…

The Impact of Acceptance of Electronic Evidence before and after the 2006 Federal Rules of Evidence on Criminal Cases

ERIC Educational Resources Information Center

Borrego, Jesus

2010-01-01

Legal scholars have established that the U.S. Department of Justice's 2004 Federal Rules of Evidence (FRE) has created confusion in legal rulings on criminal cases involving digital evidence, resulting in conflicting verdicts. With the 2006 FRE update, the Department of Justice attempted to correct the problem. The conceptual framework for this…

[Factors forming opnion on marijuana legalization in Poland among group of students from medical and technical college faculty].

PubMed

Suwała, Małgorzata; Gerstenkorn, Andrzej; Szewczyk, Anna

2015-01-01

Marijuana is the most popular illegal drug in the world. In 2010 17.6% of polish adult population (age 15-64) and 37.3% of youth (age 17-18) declared use of marijuana at least once in their lifetime. Recent years in Poland brought back public discussion regarding decriminalization and legalization of marijuana. The main goal of the study was to reveal the opinion about legalization of marijuana in Poland among students of medical and technical faculty in correlation with chosen socio-demographic factors, college major, attitude to tobacco smoking, use of drugs and religious practice. Study included 230 students (110 from Medical University of Lodz and 120 from Technical University of Lodz). Women consisted on 56.1% of surveyed and men on 43.9%. Study used audit survey as a research method. Results. 40.4% of students considered marijuana as "soft" drug and in majority (65.7%) are convinced that it is not addictive. The main part of studied group (83%) claimed that marijuana is easily accessible in Poland. The majority of the group (38.75%) was against marijuana legalization, a little bit less (35.2%) approved its legalization in Poland and 26.1% had no opinion. Type of college faculty had not been detected as a factor influencing support for legalization. Important factors influencing positive opinion on legalization was: living in the city, tobacco smoking, socializing with legalization supporters, lack of regular religious practice, drug use. CONCLUSION. Young people's diversified opinion regarding legalization of marijuana in Poland should encourage further discussion. Educational and preventive activities within different social groups are necessary to form a conscious opinion on legalization of marijuana in Poland based on the knowledge of actual scientific facts.

Uses of Extra-Legal Sources in "Amicus Curiae" Briefs Submitted in "Fisher v. University of Texas at Austin"

ERIC Educational Resources Information Center

Marin, Patricia; Horn, Catherine L.; Miksch, Karen; Garces, Liliana M.; Yun, John T.

2018-01-01

As the political arena becomes increasingly polarized, the legal arena is playing a more important role in the creation of education policy in the United States. One critical stage in the legal process for such efforts is at briefing where "amici curiae," or friends-of-the-court, may introduce additional arguments for the court to…

The Effect of Nunan's Six Elements of Task to Improve Students Competencies in Legal English

ERIC Educational Resources Information Center

Min, Wang

2016-01-01

This paper is to study the effect of the six elements of task put forward by Nunan on the improvement of students' competencies in legal English, hoping to provide an important glimpse of how current legal English teaching in Chinese universities meets the requirements of the curriculum and the needs of the learners. Based on a case study of…

Government Regulation of Higher Education.

ERIC Educational Resources Information Center

Hobbs, Walter C., Ed.

Only lately has government regulation developed with great force among colleges and universities. A collection of essays examines that development from the perspectives of the legal scholar, the university president, the university lawyer, the government lawyer, the university's affirmative action officer, the professional association's government…

Defense Resource Management Studies: Introduction to Capability and Acquisition Planning Processes

DTIC Science & Technology

2010-08-01

interchangeable and useful in a common contextual framework . Currently, both simulations use a common scenario, the same fictitious country, and...culture, legal framework , and institutions. • Incorporate Principles of Good Governance and Respect for Human Rights: Stress accountability and...Preparing for the assessments requires defining the missions to be analyzed; subdividing the mission definitions to provide a framework for analytic work

The Legal Aspects of College Health Nursing

ERIC Educational Resources Information Center

Dutton, Ruth C.

1970-01-01

Discusses do's and dont's of profession, emphasizing protective measures nurses can take to guard against legal action by students, including continuing education and malpractice insurance. Presented at General Conference of Seventh Day Adventists, Andrews University, Berrien Springs, Michigan, August 1968. (CJ)

Social Studies Framework: Kindergarten-Grade 12.

ERIC Educational Resources Information Center

Texas Education Agency, Austin.

This document provides general instructional guidelines for district administrators and teachers in Texas as they attempt to meet the goal of preparing students for citizenship in a democracy. The framework includes the legal requirements for social studies and provides guidelines to school districts in planning social studies programs for grades…

Parents' Perspective on the Quality of Kindergarten

ERIC Educational Resources Information Center

Malovic, Marija; Malovic, Sanja

2017-01-01

This paper presents the research conducted with parents of preschool children on quality of preschool education practice. Preschool education is, aside from practice, made of elements such as the preschool education system, legal and programmatic framework, cultural framework, etc., but practice is what parents see and understand, and that is why…

[The legal status of medical students during practical training in hospitals (author's transl)].

PubMed

Liebhardt, E; Spann, W; Marx, B

1977-10-21

The most important change in the qualification regulations in force at the present time is the provision for the practical training of medical students, which occurs not only in university hospitals but also in "teaching hospitals" outside the university. The realization of the practical year is problematic according to the actual conditions because of the difficulties and financial investment necessarily associated with it. Furthermore, the legal status of the students during the practical activities differes from that of earlier medical assistants, because according to the present law the legal provisions for employment and social insurance such as the determination of division of labour, working hours and remuneration and also for third party and accident insurance do not apply.

[Non-commercial clinical trials--who will be the legal sponsor? Sponsorship of investigator-initiated clinical trials according to the German Drug Law].

PubMed

Benninger-Döring, G; Boos, J

2006-07-01

Non-commercial clinical trials may be of great benefit to the patients concerned. The 12th amendment to the German Drug Law (AMG) changed legal liability of the initiators of investigator-initiated clinical trials with extensive consequences for traditional project leaders. The central point under discussion is the sponsor's responsibility according to the AMG. Presently leading management divisions of university hospitals and universities are developing proceedings to assume sponsor responsibility by institutions (institutional sponsorship), which should enable investigator-initiated clinical trials to be conducted according to legal requirements in the future. Detailed problems and special questions can only be resolved in a single-minded fashion, and if necessary political processes should be catalyzed.

State-level marriage equality and the health of same-sex couples.

PubMed

Kail, Ben Lennox; Acosta, Katie L; Wright, Eric R

2015-06-01

We assessed the association between the health of people in same-sex relationships and the degree and nature of the legal recognition of same-sex relationships offered in the states in which they resided. We conducted secondary data analyses on the 2010 to 2013 Current Population Survey and publicly available data from Freedom to Marry, Inc. We estimated ordered logistic regression models in a 4-level framework to assess the impact of states' legal stances toward same-sex marriage on self-assessed health. Our findings indicated, relative to states with antigay constitutional amendments, that same-sex couples living in states with legally sanctioned marriage reported higher levels of self-assessed health. Our findings suggested that full legal recognition of same-sex relationships through marriage might be an important legal and policy strategy for improving the health of same-sex couples.

Designing an international policy and legal framework for the control of emerging infectious diseases: first steps.

PubMed Central

Plotkin, B. J.; Kimball, A. M.

1997-01-01

As the pace of emergence and reemergence of infectious diseases quickens, the International Health Regulations, which have served as the legal and policy framework of epidemic control for 45 years, are being revised by the World Health Organization (WHO). In this article, we review the recent history, legal construction, and application of these regulations and related international treaty-based sanitary measures, especially the General Agreement on Tariffs and Trade and the Agreement on the Application of Sanitary and Phytosanitary Measures, and the history of applying the regulations in the maritime and aviation industries. This review indicates that revision efforts should address 1) the limited scope of disease syndromes (and reporters of these syndromes) now in the regulations and 2) the mismatch between multisectoral factors causing disease emergence and the single agency (WHO) administering the regulations. The revised regulations should expand the scope of reporting and simultaneously broaden international agency coordination. PMID:9126439

Recreational marijuana legalization and college student use: Early evidence.

PubMed

Miller, Austin M; Rosenman, Robert; Cowan, Benjamin W

2017-12-01

We analyze marijuana use by college undergraduates before and after legalization of recreational marijuana. Using survey data from the National College Health Assessment, we show that students at Washington State University experienced a significant increase in marijuana use after legalization. This increase is larger than would be predicted by national trends. The change is strongest among females, Black students, and Hispanic students. The increase for underage students is as much as for legal-age students. We find no corresponding changes in the consumption of tobacco, alcohol, or other drugs.

The Influence of Arabic Language Learning on Understanding of Islamic Legal Sciences--A Study in the Sultan Idris Education University

ERIC Educational Resources Information Center

Alhirtani, Nahla A. K.

2018-01-01

The most important in Islamic Legal Sciences is Arabic Language, because of its necessity for Muslims to understand the Islamic Legal Provisions in Qur'an and Hadith which are in Arabic and informed by Arabs, thus, to understand these sciences it is a must to learn Arabic to discern the meanings and benefits of Islamic Texts and Provisions. So…

The role of the law in reducing tuberculosis transmission in Botswana, South Africa and Zambia

PubMed Central

Emerson, Courtney N; Lederer, Philip; Lipke, Ginny; Kapata, Nathan; Lanje, Samson; Peters, Annatjie C; Zulu, Isaac; Marston, Barbara J; Miller, Bess

2016-01-01

Abstract Objective To determine whether laws and regulations in Botswana, South Africa and Zambia – three countries with a high tuberculosis and HIV infection burden – address elements of the World Health Organization (WHO) policy on tuberculosis infection control. Methods An online desk review of laws and regulations that address six selected elements of the WHO policy on tuberculosis infection control in the three countries was conducted in November 2015 using publicly available domestic legal databases. The six elements covered: (i) national policy and legal framework; (ii) health facility design, construction and use; (iii) tuberculosis disease surveillance among health workers; (iv) patients’ and health workers’ rights; (v) monitoring of infection control measures; and (vi) relevant research. Findings The six elements were found to be adequately addressed in the three countries’ laws and regulations. In all three, tuberculosis case-reporting is required, as is tuberculosis surveillance among health workers. Each country’s legal and regulatory framework also addresses the need to respect individuals’ rights and privacy while safeguarding public health. These laws and regulations create a strong foundation for tuberculosis infection control. Although the legal and regulatory frameworks thoroughly address tuberculosis infection control, their dissemination, implementation and enforcement were not assessed, nor was their impact on public health. Conclusion Laws and regulations in Botswana, South Africa and Zambia address all six selected elements of the WHO policy on tuberculosis infection control. However, the lack of data on their implementation is a limitation. Future research should assess the implementation and public health impact of laws and regulations. PMID:27274593

A review of legal framework applicable for the management of healthcare waste and current management practices in Ethiopia.

PubMed

Haylamicheal, Israel Deneke; Desalegne, Solomon Akalu

2012-06-01

The management of healthcare waste (HCW) requires special attention due to the risk posed by the presence of hazardous waste. The first step towards this is the issuance of national legislation complemented by policy documents, regulations and technical guidelines. In Ethiopia there is no specific legislation for healthcare waste management (HCWM). However, there are various legislations which may provide a legal framework for the management of HCW. This review assesses the various legislations that are relevant to HCWM. It also looks into the institutional arrangements put in place and waste management practices that prevail in the country. It was found that, although the existing legislations have provisions that may provide a legal framework for the management of HCW in Ethiopia, they are not comprehensive and lack specificity in terms of defining hazardous HCW and its categories; in indicating legal obligations of healthcare facilities (HCFs) in handling, transporting, treating and disposing HCW, and record keeping and reporting. There is overlapping of mandates and lackof co-ordination among various government institutions that are responsible for HCWM. The HCWM practices also do not conform to the principles of waste management in general and HCWM in particular. Thus, to better manage HCW in Ethiopia, a specific and comprehensive legislation and policy document on HCWM with clear designation of responsibilities to various stakeholders should be issued immediately. Moreover, training and awareness raising activities on proper HCWM should be undertaken targeting medical staffs, HCF administrators, waste handlers, policy and decision makers and the general public.

Social support for terror-related victims: The Israeli system.

PubMed

Ellenberg, Eytan; Sasporte, Jacob; Bar-On, Zvia; Sfez, Rolland; Cohen, Osnat; Taragin, Mark; Ostfeld, Ishay

2016-01-01

Since its foundation, the State of Israel has been affected by terror violence toward its civilian population. For more than 45 years, the Israeli legislation has built a legal insurance allowing citizens casualties of such violence to benefit from specific coverage and support. The objective of this article is to describe the history, legal framework, and organization of social support for terror victims in Israel.

Academic Misguidance in Colleges and Universities.

ERIC Educational Resources Information Center

Zirkel, Perry A.; Hugel, Paul S.

1989-01-01

Examines the various legal remedies that students, believing that they have been victims of misguidance, have pursued against institutions of higher education. The legal theories available primarily fit in four categories: (1) estoppel; (2) fraud; (3) breach of contract; and (4) due process. (MLF)

76 FR 24464 - Federal Register Notice Requesting Nominations for the Subcommittee on Data Standardization Under...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-05-02

... recommendations for a standardized reference data depository representing the universe of legal and financial... individual transactions, underlying legal documents (including master agreements and credit support... agencies, industry, exchanges, academia, information technology, information systems, and groups...

The EPOS Legal and Governance Framework : tailoring the infrastructure to fit the needs of the EPOS services

NASA Astrophysics Data System (ADS)

Kohler, Elisabeth; Pedersen, Helle; Kontkanen, Pirjo; Korja, Annakaisa; Lauterjung, Jörn; Haslinger, Florian; Sangianantoni, Agata; Bartolini, Alessandro; Consortium, Epos

2016-04-01

One of the most important issues regarding a pan-European distributed large scale research infrastructure is the setting up of its legal and governance structure as this will shape the very operation of the undertaking, i.e. the decision-making process, the allocation of tasks and resources as well as the relationship between the different bodies. Ensuring long-term operational services requires a robust, coherent and transparent legal and governance framework across all of the EPOS TCS (Thematic Core Services) and ICS (Integrated Core Services) that is well aligned to the EPOS global architecture. The chosen model for the EPOS legal entity is the ERIC (European Research Infrastructure Consortium). While the statutory seat of EPOS-ERIC will be in Rome, Italy, most of the services will be hosted in other countries. Specific agreements between EPOS-ERIC and the legal bodies hosting EPOS services will be implemented to allow proper coordination of activities. The objective is to avoid multiple agreements and, where possible, to standardize them in order to reach a harmonized situation across all services. For the governance careful attention will be paid to the decision-making process, the type of decisions and the voting rights, the definition of responsibilities, rights and duties, the reporting mechanisms, as well as other issues like who within a TCS represents the service to the 'outside' world or who advices the TCS on which subjects. Data policy is another crucial issue as EPOS aims to provide interdisciplinary services to researchers interested in geoscience, including access to data, metadata, data products, software and IT tools. EPOS also provides access to computational resources for visualization and processing. Beyond the general principles of Open Access and Open Source the following questions have to be addressed: scope and nature of data that will be accepted; intellectual property rights in data and terms under which data will be shared; openness and availability of data; data privacy and security; publication and attribution; liability and violations or misuse of data. To support the challenges of the EPOS legal, governance, and also financial framework, EPOS will implement a sophisticated metadata catalog and associated integrated services in its ICT architecture.

[The legal possibilities for action in the health inspection of public eating establishments].

PubMed

Martínez Ferrando, R; García López de Sa, A; Gómez-Juárez Molina, F

1991-01-01

This study, based upon the Spanish legal framework and upon the experience of the authors, is intended to establish the legal procedures for action when a sanitary inspector finds himself in the situation where he observes that a public establishment is infringing some hygiene or sanitary regulation which may carry a health risk of varying seriousness. Possibilities for action are outlined, depending on the urgency and seriousness of the situation, as well as indicating who is responsible for the application of the law in each case. The legal possibilities for action are: the closure of the establishment, a warning, and institution of penal proceedings. Finally some suggestions are made as to the method of carrying out such inspections.

Getting comfortable with "comfort feeding": An exploration of legal and ethical aspects of the Australian speech-language pathologist's role in palliative dysphagia care.

PubMed

Kelly, Katherine; Cumming, Steven; Kenny, Belinda; Smith-Merry, Jennifer; Bogaardt, Hans

2018-06-01

With an ageing population, speech-language pathologists (SLPs) can expect to encounter legal and ethical challenges associated with palliative and end-of-life care more frequently. An awareness of the medico-legal and ethical framework for palliative dysphagia management will better equip SLPs to work effectively in this area. This narrative review examines a range of legislation, legal, ethical and SLP literature that is currently available to orient SLPs to legal and ethical palliative dysphagia management in the Australian context. Relevant legal and ethical considerations in palliative and end-of-life care are described. SLPs have a role in palliative dysphagia management, however, this can involve unique legal and ethical challenges. The legal position on provision and cessation of nutrition and hydration differs between Australian States and Territories. Decisions by the courts have established a body of relevant case law. This article introduces SLPs to some of the important considerations for legal and ethical palliative care, but is not intended to be directive. SLPs are encouraged to explore their local options for ethical and medico-legal guidance. It is hoped that increasing SLPs awareness of many of the concepts discussed in this article enhances the provision of high-quality patient-centred care.

Preimplantation diagnosis to create 'saviour siblings': a critical discussion of the current and future legal frameworks in South Africa.

PubMed

Strode, Ann; Soni, Sheetal

2011-12-14

Pre-implantation genetic diagnosis (PGD) is a technology used in conjunction with in vitro fertilisation to screen embryos for genetic conditions prior to transfer. It was initially developed to screen mutations for severe, irreversible, genetic conditions. Currently, PGD makes it possible to select against more than 100 different genetic conditions. It has been proposed as a method for creating a tissue-matched child who can in turn serve as a compatible stem cell donor to save a sick sibling in need of a stem cell transplant. The advantage of this method is that it provides genetic information before implantation of an embryo into the womb, making it possible to ensure that only tissue-matched embryos are transferred to the uterus. A couple can therefore avoid the difficult choice of either terminating the pregnancy at a later point if the fetus is not a match, or extending their family again in the hope that their next child will be tissue compatible. Many people have expressed disapproval of the use of PGD for this purpose, and it is associated with many conflicting interests including religion, ethics as well as legal regulation. In order to manage these issues some jurisdictions have created legal frameworks to regulate the use of this technology. Many of these are modelled on the UK's Human Fertilisation and Embryology Authority and its guardian legislation. This paper critiques the current and future South African legal framework to establish whether it is able to adequately regulate the use of PGD as well as guard against misuse of the technology. It concludes that changes are required to the future framework in order to ensure that it regulates the circumstances in which PGD may occur and that the Minister of Health should act expediently in finalising draft regulations which will regulate PGD in the future.

The value of mainstreaming human rights into health impact assessment.

PubMed

MacNaughton, Gillian; Forman, Lisa

2014-09-26

Health impact assessment (HIA) is increasingly being used to predict the health and social impacts of domestic and global laws, policies and programs. In a comprehensive review of HIA practice in 2012, the authors indicated that, given the diverse range of HIA practice, there is an immediate need to reconsider the governing values and standards for HIA implementation [1]. This article responds to this call for governing values and standards for HIA. It proposes that international human rights standards be integrated into HIA to provide a universal value system backed up by international and domestic laws and mechanisms of accountability. The idea of mainstreaming human rights into HIA is illustrated with the example of impact assessments that have been carried out to predict the potential effects of intellectual property rights in international trade agreements on the availability and affordability of medicines. The article concludes by recommending international human rights standards as a legal and ethical framework for HIA that will enhance the universal values of nondiscrimination, participation, transparency and accountability and bring legitimacy and coherence to HIA practice as well.

The Value of Mainstreaming Human Rights into Health Impact Assessment

PubMed Central

MacNaughton, Gillian; Forman, Lisa

2014-01-01

Health impact assessment (HIA) is increasingly being used to predict the health and social impacts of domestic and global laws, policies and programs. In a comprehensive review of HIA practice in 2012, the authors indicated that, given the diverse range of HIA practice, there is an immediate need to reconsider the governing values and standards for HIA implementation [1]. This article responds to this call for governing values and standards for HIA. It proposes that international human rights standards be integrated into HIA to provide a universal value system backed up by international and domestic laws and mechanisms of accountability. The idea of mainstreaming human rights into HIA is illustrated with the example of impact assessments that have been carried out to predict the potential effects of intellectual property rights in international trade agreements on the availability and affordability of medicines. The article concludes by recommending international human rights standards as a legal and ethical framework for HIA that will enhance the universal values of nondiscrimination, participation, transparency and accountability and bring legitimacy and coherence to HIA practice as well. PMID:25264683

The biobank for the molecular classification of kidney disease: research translation and precision medicine in nephrology.

PubMed

Muruve, Daniel A; Mann, Michelle C; Chapman, Kevin; Wong, Josee F; Ravani, Pietro; Page, Stacey A; Benediktsson, Hallgrimur

2017-07-26

Advances in technology and the ability to interrogate disease pathogenesis using systems biology approaches are exploding. As exemplified by the substantial progress in the personalized diagnosis and treatment of cancer, the application of systems biology to enable precision medicine in other disciplines such as Nephrology is well underway. Infrastructure that permits the integration of clinical data, patient biospecimens and advanced technologies is required for institutions to contribute to, and benefit from research in molecular disease classification and to devise specific and patient-oriented treatments. We describe the establishment of the Biobank for the Molecular Classification of Kidney Disease (BMCKD) at the University of Calgary, Alberta, Canada. The BMCKD consists of a fully equipped wet laboratory, an information technology infrastructure, and a formal operational, ethical and legal framework for banking human biospecimens and storing clinical data. The BMCKD first consolidated a large retrospective cohort of kidney biopsy specimens to create a population-based renal pathology database and tissue inventory of glomerular and other kidney diseases. The BMCKD will continue to prospectively bank all kidney biopsies performed in Southern Alberta. The BMCKD is equipped to perform molecular, clinical and epidemiologic studies in renal pathology. The BMCKD also developed formal biobanking procedures for human specimens such as blood, urine and nucleic acids collected for basic and clinical research studies or for advanced diagnostic technologies in clinical care. The BMCKD is guided by standard operating procedures, an ethics framework and legal agreements with stakeholders that include researchers, data custodians and patients. The design and structure of the BMCKD permits its inclusion in a wide variety of research and clinical activities. The BMCKD is a core multidisciplinary facility that will bridge basic and clinical research and integrate precision medicine into renal pathology and nephrology.

Roundtable: Legal Abortion

ERIC Educational Resources Information Center

Guttmacher, Alan F.; And Others

1971-01-01

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

What Did You Know and When Did You Know It? Data's Potential for Institutional Legal Issues

ERIC Educational Resources Information Center

Letzring, Timothy D.

2017-01-01

Data continues to grow in both importance and quantity within colleges and universities. IR professionals need to know ways data can create potential legal issues in order to be proactive rather than reactive to these situations.

The Human Face of Immigration

ERIC Educational Resources Information Center

Costello, Maureen

2011-01-01

In the past, nativists opposed immigration, period. The sharp distinction between "legal" and "illegal" immigrants emerged fairly recently, according to immigration historian David Reimers, a professor of history at New York University. "Basically, by the mid-90s 'legal' immigration was no longer an issue," he says.…

[Litigation in obstetrics and gynaecology: experience of a university hospital in France].

PubMed

Shojai, R; Bretelle, F; D'Ercole, C; Boubli, L; Piercecchi, M-D

2013-02-01

To analyse the nature of medico-legal claims in a high-risk speciality. Retrospective review of the causes of medico-legal disputes at the department of Obstetrics and Gynaecology of the North University Hospital of Marseilles between November 1997 and December 2010. Disputes were defined by complaints, judicial or conciliatory claims and intentional declaration of potential medico-legal case by physicians. Fifty-nine controversial medico-legal cases were identified within this 13-year period. Ninety percent (n=53) of cases concerned obstetrics and 10% (n=6) gynaecology. The rate of litigations tripled in a decade. Half of the litigations led to judicial or conciliatory expertise. The average rate of malpractice litigations was 2.4 per physician. Uterine rupture was the most common cause of complaints. Increased awareness of the nature of litigations may help elaborate risk reduction management programs in order to reduce professional liability on the long run. Copyright © 2012 Elsevier Masson SAS. All rights reserved.

An examination of the disparity between self-identified versus legally identified rape victimization: A pilot study.

PubMed

Marsil, Dorothy F; McNamara, Corinne

2016-07-01

Researchers compared rape victimization based on self-identification to the current federal legal definition in a pilot study of college students. The sample was comprised of 1,648 (69.8% female; 30.2% male) college students who completed the Sexual Experiences Survey-Short Form Victimization (SES-SFV) online. Based on the current legal definition of rape, 9.4% (11.1% female; 5.2% male) of students had been raped since being enrolled, but only 2.9% of students self-identified as being raped. Moreover, 15.1% of students reported ever being raped, with females acknowledging higher rates (19.7%) than males (4.3%). Rape continues to be a major issue for colleges and universities. A serious concern is the disparity between the number of those who met the behavioral criteria for rape victimization based on the current legal definition, but who did not self-identify as a victim. Universities must address this disparity by using multiple measures to assess the prevalence of sexual violence on campus.

Analysis - what is legal medicine?

PubMed

Beran, Roy G

2008-04-01

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

The Applicability of Western Socio-Legal Frameworks to the Study of Negotiation in Chinese Society

ERIC Educational Resources Information Center

Chung, Mona; Ingleby, Richard

2011-01-01

Theoretical frameworks for the examination of negotiation generated by Western academics do not easily translate to Chinese society because of fundamental differences between Western and Chinese society. Attempts to study negotiation in Chinese society and to improve negotiation between Chinese and Western business people are themselves…

Digital Rights Management Implemented by RDF Graph Approach

ERIC Educational Resources Information Center

Yang, Jin Tan; Horng, Huai-Chien

2006-01-01

This paper proposes a design framework for constructing Digital Rights Management (DRM) that enables learning objects in legal usage. The central theme of this framework is that any design of a DRM must have theories as foundations to make the maintenance, extension or interoperability easy. While a learning objective consists of learning…

"Action Femmes" Project (Chambery, France). European Network of Instruction Projects in Adult Education.

ERIC Educational Resources Information Center

Council for Cultural Cooperation, Strasbourg (France).

Part 1 of this report deals with the legal framework of adult education in France, particularly educational provision for women. It discusses the 1971 Acts, the Organizational framework, and the "groupements d'establissements" (GRETAs) or groups of institutions voluntarily banded together to coordinate their further training activities.…

The Enforcement of University Patent Policies: A Legal Perspective.

ERIC Educational Resources Information Center

Stopp, Margaret T.; Stopp, G. Harry, Jr.

1992-01-01

Federal civil litigation in which a faculty inventor challenged the university's right to share in proceeds from his invention is examined. Issues of employment contracts, the university research office's responsibility for monitoring faculty research, and the role of patenting and licensing firms are considered. Implications for university policy…

Development of a System of Strategic Research Administration at Kyoto University

ERIC Educational Resources Information Center

Sugihara, Tadashi; Sonobe, Taro; Mutoh, Seitaro

2014-01-01

In 2004, all national universities in Japan, which had previously been legally subordinate to the Ministry of Education, Culture, Sports, Science and Technology (MEXT), became separate National University Corporations. With this change, the importance of securing competitive funding increased significantly, and university researchers have had to…

UNESCO's activities in ethics.

PubMed

ten Have, Henk A M J

2010-03-01

UNESCO is an intergovernmental organization with 193 Member States. It is concerned with a broad range of issues regarding education, science and culture. It is the only UN organisation with a mandate in science. Since 1993 it is addressing ethics of science and technology, with special emphasis on bioethics. One major objective of the ethics programme is the development of international normative standards. This is particularly important since many Member States only have a limited infrastructure in bioethics, lacking expertise, educational programs, bioethics committees and legal frameworks. UNESCO has recently adopted the Universal Declaration on Bioethics and Human Rights. The focus of current activities is now on implementation of this Declaration. Three activities are discussed that aim at improving and reinforcing the ethics infrastructure in relation to science and technology: the Global Ethics Observatory, the Ethics Education Programme and the Assisting Bioethics Committees project.

Are evolving human rights harmless? An examination of English legislation, prostitution and its effect on human relatedness.

PubMed

Westin, Anna

2014-01-01

This paper addresses key philosophical and social questions that shape the contemporary discourse on prostitution. The initial section outlines the contemporary challenges facing legislative practice on prostitution in England. This involves analysing moral and legal framework surrounding prostitution that has made the current legislative dilemma surrounding prostitution practice possible. The second part of the paper then outlines the history of the philosophy of human rights from Aquinas to the Universal Declaration of Human Rights (1948). The paper concludes by analysing whether the current ontology employed by human rights theory is effective in creating a system of just relatedness between agents, made visible in concrete legislative guidance. I argue that legislation guided by a fragmented teleology and ontological anthropology enables asymmetrical patterns of relatedness that can cause genuine physical and psychological harm to individuals.

Evidenced Formal Coverage Index and universal healthcare enactment: A prospective longitudinal study of economic, social, and political predictors of 194 countries.

PubMed

Feigl, Andrea B; Ding, Eric L

2013-11-01

Determinants of universal healthcare (UHC) are poorly empirically understood. We undertook a comprehensive study of UHC development using a novel Evidenced Formal Coverage (EFC) index that combines three key UHC elements: legal framework, population coverage, and accessibility. Applying the EFC index measures (legislation, ≥90% skilled birth attendance, ≥85% formal coverage) to 194 countries, aggregating time-varying data from 1880-2008, this study investigates which macro-economic, political, and social indicators are major longitudinal predictors of developing EFC globally, and in middle-income countries. Overall, 75 of 194 countries implemented legal-text UHC legislation, of which 51 achieved EFC. In a country-year prospective longitudinal analysis of EFC prediction, higher GDP-per-capita (per GDP-per-capita doubling, relative risk [RR]=1.77, 95% CI: 1.49-2.10), higher primary school completion (per +20% completion, RR=2.30, 1.65-3.21), and higher adult literacy were significantly associated with achieving EFC. Results also identify a GDP-per-capita of I$5000 as a minimum level for development of EFC. GDP-per-capita and education were each robust predictors in middle-income countries, and education remained significant even controlling for time-varying GDP growth. For income-inequality, the GINI coefficient was suggestive in its role in predicting EFC (p=0.024). For social and political indicators, a greater degree of ethnic fractionalization (per +25%, RR=0.51, 0.38-0.70), proportional electoral system (RR=2.80, 1.22-6.40), and dictatorships (RR=0.10, 0.05-0.27) were further associated with EFC. The novel EFC index and this longitudinal prospective study together indicate that investment in both economic growth and education should be seen of equal importance for development of UHC. Our findings help in understanding the social and political drivers of universal healthcare, especially for transitioning countries. Copyright © 2013 Elsevier Ireland Ltd. All rights reserved.

Competency and capacity: the legal and medical interface.

PubMed

Purser, Kelly; Magner, Eilis S; Madison, Jeanne

2009-05-01

The loss of legal competency, in the context of wills, enduring powers of attorney and advance directives, presents a challenge to individual autonomy. Both legal and medical practitioners have roles to play in determining when, and if, to infringe upon a person's sovereignty in order to provide for their protection. However, there is some evidence that inter-professional discussions are characterised by tension. Medical expertise is necessary to assess physical and mental capacity, but the legal concern is with competency, two distinct terms. It is argued here that cooperation between the legal and medical professions is essential in this area of practice. This article attempts to promote discussion of this objective by proposing therapeutic jurisprudence as a theoretical framework in which to reassess competency determinations, by reviewing the institutional structure and by suggesting that the adoption of a common and consistent terminology is essential.

State-Level Marriage Equality and the Health of Same-Sex Couples

PubMed Central

Acosta, Katie L.; Wright, Eric R.

2015-01-01

Objectives. We assessed the association between the health of people in same-sex relationships and the degree and nature of the legal recognition of same-sex relationships offered in the states in which they resided. Methods. We conducted secondary data analyses on the 2010 to 2013 Current Population Survey and publicly available data from Freedom to Marry, Inc. We estimated ordered logistic regression models in a 4-level framework to assess the impact of states’ legal stances toward same-sex marriage on self-assessed health. Results. Our findings indicated, relative to states with antigay constitutional amendments, that same-sex couples living in states with legally sanctioned marriage reported higher levels of self-assessed health. Conclusions. Our findings suggested that full legal recognition of same-sex relationships through marriage might be an important legal and policy strategy for improving the health of same-sex couples. PMID:25880959

Development of an International Clinical Education Extracurricular Experience Through a Collaborative Partnership.

PubMed

Mandich, MaryBeth; Erickson, Mia; Nardella, Beth

2017-01-01

Participating in global health care through international clinical education may enhance the development of cultural competence and professionalism. Many logistical issues need to be resolved in the development of international clinical education experiences that meet program requirements. The purpose of this case report is to describe how a university developed such an experience for students by partnering with Amizade Global Service-Learning (Amizade), an organization that facilitates global learning experiences. Medical, nursing, and pharmacy students were already participating in a 4-week international health-related service learning rotation through Amizade. The preexisting relationship and contractual agreement with the university provided the necessary legal framework. Amizade staff assisted in finding a physical therapist qualified and willing to host a student. The academic coordinator for clinical education at the university and Amizade liaisons determined living arrangements, schedule, clinical settings, and patient population. The selected student had expressed interest and had met all clinical education placement requirements. The academic coordinator for clinical education had ongoing electronic communications with all parties. The student demonstrated predicted attributes of cultural competence and professionalism; through the partnership with Amizade, the student was exposed to several unique interprofessional experiences. The steps used by the university faculty in developing this interprofessional, international clinical education experience through a collaborative partnership may provide guidance for other institutions. © 2017 American Physical Therapy Association

Legal aspects of satellite teleconferencing

NASA Technical Reports Server (NTRS)

Smith, D. D.

1971-01-01

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

Gray marketing of pharmaceuticals.

PubMed

Chaudhry, P E; Walsh, M G

1995-01-01

Pharmaceutical marketers in the European Union are constrained by regulated prices, opening up opportunities for gray marketers. The authors investigate the legal framework that regulates gray markets by summarizing and analyzing relevant European Court of Justice decisions that favor gray marketers and actually foster parallel trade. Before marketing managers can develop effective strategies in this marketplace, they must first understand the precedents of the legal system in which they will be operating.

[Jihadi radicalisation, legal definitions and reference points].

PubMed

Romano, Hélène; Picard, Frédéric

2017-10-01

Since the terrorist threat has become part of daily life in France, two terms are systematically used in the public debate: radicalisation and deradicalisation. It is essential to understand exactly what these words encompass, and to know the legal framework associated with them, in order to limit all sorts of interpretations which serve to add to the confusion related to the current context. Copyright © 2017. Published by Elsevier Masson SAS.

Rational Choice and Developmental Influences on Recidivism Among Adolescent Felony Offenders

PubMed Central

Fagan, Jeffrey; Piquero, Alex R.

2009-01-01

Recent case law and social science both have claimed that the developmental limitations of adolescents affect their capacity for control and decision making with respect to crime, diminishing their culpability and reducing their exposure to punishment. Social science has focused on two concurrent adolescent developmental influences: the internalization of legal rules and norms that regulate social and antisocial behaviors, and the development of rationality to frame behavioral choices and decisions. The interaction of these two developmental processes, and the identification of one domain of socialization and development as the primary source of motivation or restraint in adolescence, is the focus of this article. Accordingly, we combine rational choice and legal socialization frameworks into an integrated, developmental model of criminality. We test this framework in a large sample of adolescent felony offenders who have been interviewed at six-month intervals for two years. Using hierarchical and growth curve models, we show that both legal socialization and rational choice factors influence patterns of criminal offending over time. When punishment risks and costs are salient, crime rates are lower over time. We show that procedural justice is a significant antecedent of legal socialization, but not of rational choice. We also show that both mental health and developmental maturity moderate the effects of perceived crime risks and costs on criminal offending. PMID:20148123

Rational Choice and Developmental Influences on Recidivism Among Adolescent Felony Offenders.

PubMed

Fagan, Jeffrey; Piquero, Alex R

2007-12-01

Recent case law and social science both have claimed that the developmental limitations of adolescents affect their capacity for control and decision making with respect to crime, diminishing their culpability and reducing their exposure to punishment. Social science has focused on two concurrent adolescent developmental influences: the internalization of legal rules and norms that regulate social and antisocial behaviors, and the development of rationality to frame behavioral choices and decisions. The interaction of these two developmental processes, and the identification of one domain of socialization and development as the primary source of motivation or restraint in adolescence, is the focus of this article. Accordingly, we combine rational choice and legal socialization frameworks into an integrated, developmental model of criminality. We test this framework in a large sample of adolescent felony offenders who have been interviewed at six-month intervals for two years. Using hierarchical and growth curve models, we show that both legal socialization and rational choice factors influence patterns of criminal offending over time. When punishment risks and costs are salient, crime rates are lower over time. We show that procedural justice is a significant antecedent of legal socialization, but not of rational choice. We also show that both mental health and developmental maturity moderate the effects of perceived crime risks and costs on criminal offending.

A critique of the regulation of data science in healthcare research in the European Union.

PubMed

Rumbold, John M M; Pierscionek, Barbara K

2017-04-08

The EU offers a suitable milieu for the comparison and harmonisation of healthcare across different languages, cultures, and jurisdictions (albeit with a supranational legal framework), which could provide improvements in healthcare standards across the bloc. There are specific ethico-legal issues with the use of data in healthcare research that mandate a different approach from other forms of research. The use of healthcare data over a long period of time is similar to the use of tissue in biobanks. There is a low risk to subjects but it is impossible to gain specific informed consent given the future possibilities for research. Large amounts of data on a subject present a finite risk of re-identification. Consequently, there is a balancing act between this risk and retaining sufficient utility of the data. Anonymising methods need to take into account the circumstances of data sharing to enable an appropriate balance in all cases. There are ethical and policy advantages to exceeding the legal requirements and thereby securing the social licence for research. This process would require the examination and comparison of data protection laws across the trading bloc to produce an ethico-legal framework compatible with the requirements of all member states. Seven EU jurisdictions are given consideration in this critique.

Sexual Harassment on Campus: A Legal Compendium.

ERIC Educational Resources Information Center

Van Tol, Joan E., Ed.

Law review and journal articles on sexual harassment in higher education are presented along with policies and procedures from selected universities and organizations, guidance on drafting policies, and a selected bibliography. The following law review and journal articles are presented: "Recent Legal Developments in Sexual Harassment"…

Academe's Increased Reliance on Legal Advice Documented by College Attorneys' Association.

ERIC Educational Resources Information Center

Fields, Cheryl M.

1985-01-01

In 25 years, litigation and lawyers' influence on campuses has increased dramatically and so has the National Association of College and University Attorneys group's membership. A review of the past 25 years of legal changes and increased reliance on lawyers is presented. (MLW)

Revocation of Academic Degrees by Colleges and Universities.

ERIC Educational Resources Information Center

Reams, Bernard D., Jr.

1987-01-01

Legal issues in an institution's revocation of a previously-awarded academic degree because of plagiarism or academic dishonesty are examined in light of the public-private sector dichotomy, and the legal processes to which an institution must be alert when seeking degree revocation are discussed. (MSE)

[Payment mechanisms and financial resources management for consolidation of Ecuador's health system].

PubMed

Villacrés, Tatiana; Mena, Ana Cristina

2017-06-08

Analyze the proposal by the Ministry of Public Health to reform the public financing model in Ecuador with regard to pooling of funds and payment mechanisms. A literature review was done of the financing model, the current legal framework, and the budgetary bases in Pubmed, SciELO, LILACS Ecuador, and regional LILACS using the key words health financing, health financing systems, capitation, pooling of funds, health system reform Ecuador, health system Ecuador, and health payment mechanisms. Books and other documents suggested by health systems experts were also included. Review of the financing model enabled identifying the historical segmentation of Ecuador's health system; out of this, the Ministry of Public Health conceived its proposal to reform the financing model. The Ministry's proposed solutions are pooling of funds and payment of services at the first level of care through payment per capita adjusted for socioeconomic and demographic risks. Progress made in reforming the financing model includes design of the proposals and their implementation mechanisms, and discussions with stakeholders. Implementation of these changes may produce improvements for the health system in efficiency, spreading of risks, incentives for meeting health objectives, as well as contribute to its sustainability and advance toward universal health coverage. Nevertheless, legal, political, and operational constraints are hampering their implementation.

[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.

Current Pre- and Post-Graduate Vocational Education and Training in Laboratory Medicine and Microbiology in Poland

PubMed Central

Owczarek, Henryk

2010-01-01

The status of Polish medical laboratories in continuously changing. Since 2001 the legal framework was established for the clinical chemists employed in medical and microbiological laboratories. Since that time, the job performance by clinical chemists is limited only to the specialist, member of the Polish Chamber of Laboratory Diagnosticians. According to that legal act, graduate in laboratory medicine is certified to perform the professional activities in medical or microbiological laboratories without further vocational training. After graduating from biology, chemistry, pharmacy or veterinary medicine, a person can perform the job only under supervision of a certified clinical chemist. Several Medical Universities have organized the system of post-graduation education for such graduates. The main courses taught are basic pathology, internal medicine, hematology, immunology, and clinical chemistry. In addition, the Ministry of Health and Chamber of Laboratory Diagnosticians are organizing and supervising the higher level of post-graduate education for clinical chemists, the education and vocational training which leads to the title of specialist in clinical chemistry or similar area in laboratory medicine. The professional qualification of such person are evaluated during the final exam at the national level. The specialist is eligible to act as director of clinical laboratories. PMID:27683359

K-12 students with concussions: a legal perspective.

PubMed

Zirkel, Perry A; Brown, Brenda Eagan

2015-04-01

This article provides a multipart analysis of the public schools' responsibility for students with concussions. The first part provides the prevailing diagnostic definitions of concussions and postconcussive syndrome. The second and central part provides (a) the legal framework of the two overlapping federal laws--the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act and the varying state laws or local policies for individual health plans and (b) a summary of the developing body of hearing officer decisions, court decisions, and Office for Civil Rights rulings that have applied this framework to K-12 students with concussions. The final part offers recommendations for proactive return to school policies, with the school nurse playing a central supporting role. © The Author(s) 2014.

Who Establishes the Presence of a Mental Disorder in Defendants? Medicolegal Considerations on a European Court of Human Rights Case.

PubMed

Kooijmans, Tijs; Meynen, Gerben

2017-01-01

Legal insanity is a peculiar element of criminal law, because it brings together two very different disciplines: psychiatry and psychology on the one hand and the law on the other. One of the basic questions regarding evaluations of defendants concerns the question of who should establish "true mental disorder," the judge or the behavioral expert? This question is complicated, and in this contribution it will be explored based on a Dutch case that was eventually decided by the European Court of Human Rights (ECtHR). We will argue that the ECtHR provides a valuable legal framework. Based on its merits, the framework could also be of interest to countries outside the Court's jurisdiction.

The impact of the WHO Framework Convention on Tobacco Control in defending legal challenges to tobacco control measures.

PubMed

Zhou, Suzanne Y; Liberman, Jonathan D; Ricafort, Evita

2018-06-02

Since the WHO Framework Convention on Tobacco Control's (FCTC) entry into force, the tobacco industry has initiated litigation challenging tobacco control measures implemented by governments around the world, or supported others to initiate such litigation on its behalf. In defending their tobacco control measures against such litigation, governments have invoked their obligations and rights under the WHO FCTC. We assess the extent to which the WHO FCTC has provided legal weight to governments' defences against legal challenge. We reviewed 96 court decisions concerning legal challenges to tobacco control measures, determining whether or not they cited the WHO FCTC and their outcomes. We then reviewed the cases where the WHO FCTC was cited, analysing how the WHO FCTC contributed to the resolution of the case. The WHO FCTC was cited in 45 decisions. Decisions both citing and not citing the WHO FCTC were largely decided in favour of governments, with 80% of WHO-FCTC-citing and 67% of non-WHO-FCTC-citing cases upholding the measure in its entirety and on every ground of challenge. In cases where it was cited, the WHO FCTC contributed to the resolution of the case in favour of governments by providing a legal basis for measures, demonstrating the measure's public health purpose, demonstrating the evidence in favour of a measure, demonstrating international consensus, demonstrating that a measure promotes or protects health-related human rights and demonstrating whether or not a measure is reasonable, proportionate or justifiable. The way the WHO FCTC has been cited in court decisions suggests that it has made a substantial contribution to courts' reasoning in tobacco control legal challenges and has strengthened government's arguments in defending litigation. © World Health Organization 2018. Licensee BMJ Publishing Group Limited.

Incapacity in Canada: review of laws and policies on research involving decisionally impaired adults.

PubMed

Wildeman, Sheila; Dunn, Laura B; Onyemelukwe, Cheluchi

2013-04-01

In Canada, as in the United States, the legal frameworks governing research involving adults incapable of providing informed consent are beset by gaps and ambiguities. In both countries, federal laws and policies relevant to the regulation of research involving decisionally incapable adults interact in complex ways with provincial or state laws. To alert researchers to these complexities and to urge law reform, this review provides a comprehensive account of the federal and provincial/ territorial legal frameworks relevant to research involving decisionally incapable adults in Canada. We identified the federal and provincial/territorial laws and policies pertinent to this review by updating previous work on substitute decision-making about research in Canada and then performing keyword searches on a Canadian legal information database (CanLii) to identify further laws of relevance. Our analysis of identified laws focused on three questions: 1) What (if any) preconditions-including permissible risk and/or benefit thresholds-are imposed on research involving persons who lack capacity to consent? 2) What provisions (if any) are in place for identification of the legally authorized representative for research decision making? and 3) What factors, if any, are stipulated as mandatory relevant considerations for the legally authorized representative's decision-making process? Across Canada, laws relating to substitute decision-making are highly variable, and often ambiguous or uncertain, on each of the matters targeted in our analysis. Researchers and research institutions should be aware of federal and provincial/territorial legal requirements for research involving persons who lack capacity to consent in Canada. The relevant governments should undertake coordinated efforts at law reform to clarify, and potentially harmonize, these requirements. Copyright © 2013 American Association for Geriatric Psychiatry. Published by Elsevier Inc. All rights reserved.

The Situation of ICT Usage in Nagoya University Law School

NASA Astrophysics Data System (ADS)

Kaneko, Daisuke; Sugawara, Ikuo

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

Learn about the Cross-Media Electronic Reporting Rule

EPA Pesticide Factsheets

The Cross-Media Electronic Reporting Regulation (CROMERR) provides the legal framework for electronic reporting (ER) under all of the Environmental Protection Agency's (EPA) environmental regulations.

Universal Access to HIV prevention, treatment and care: assessing the inclusion of human rights in international and national strategic plans

PubMed Central

Gruskin, Sofia; Tarantola, Daniel

2012-01-01

Rhetorical acknowledgment of the value of human rights for the AIDS response continues, yet practical application of human rights principles to national efforts appears to be increasingly deficient. We assess the ways in which international and national strategic plans and other core documents take into account the commitments made by countries to uphold human rights in their efforts towards achieving Universal Access. Key documents from the Joint United Nations Programme on HIV and AIDS (UNAIDS), the World Health Organization (WHO), the World Bank, the Global Fund to Fight AIDS, TB and Malaria (GFATM) and the US President’s Emergency Plan for AIDS Relief (PEPFAR) were reviewed along with 14 national HIV strategic plans chosen for their illustration of the diversity of HIV epidemic patterns, levels of income and geographical location. Whereas human rights concepts overwhelmingly appeared in both international and national strategic documents, their translation into actionable terms or monitoring frameworks was weak, unspecific or absent. Future work should analyse strategic plans, plans of operation, budgets and actual implementation so that full advantage can be taken, not only of the moral and legal value of human rights, but also their instrumental value for achieving Universal Access. PMID:18641464

Capacity building toward evidence-based medicine among healthcare professionals at the university of medicine and pharmacy, ho chi minh city, and its related institutes.

PubMed

Nga, LE Thi Quynh; Goto, Aya; Trung, Tran The; Vinh, Nguyen Quang; Khue, Nguyen Thy

2014-02-01

Research capacity development enhances a country's ownership of activities aimed at strengthening its health system. In Vietnam, continuing medical education (CME) is attracting increasing attention with the establishment of legal and policy frameworks. During 2010-2013, the Japan International Cooperation Agency funded a research capacity building project targeting physicians in Ho Chi Minh City. The project had been developed in four previous courses that were conducted in collaboration with Fukushima Medical University and Ho Chi Minh City University of Medicine and Pharmacy (UMP). The project succeeded in obtaining accreditation as the city's CME course. A total of 262 physicians attended three courses that have a divided set of research competencies. Following the Kirkpatrick Model for evaluating the effectiveness of training programs, we confirmed the participants' positive reaction to the courses (Level 1 evaluation), their perceived increase in knowledge and confidence in research skills (Level 2 evaluation), and application of learned knowledge in their practice (Level 3 evaluation). Presented here is a step-by-step scaling-up model of health research capacity building. Strategies for the further expansion include: further capacity building of instructors; responding to clinicians' specific needs; building a recruiting system with authorization; and improving the Level 3 training evaluation.

The Effects and Use of Administrative Determinations in Subsequent Employment Litigation.

ERIC Educational Resources Information Center

Barnes, Thomas J.; Khorey, David E.

1989-01-01

This article examines legal effects (e.g., res judicata and collateral estoppel) of various administrative arrangements for the resolution of employment disputes and offers suggestions on how legal representatives of colleges and universities can take advantage of these effects by planning and coordinating defense efforts. (Author/DB)

Legal Education as a Joint Venture.

ERIC Educational Resources Information Center

Murphy, Cornelius F.

1979-01-01

The traditional practice of training lawyers in an academic setting only is challenged, and it is proposed that an apprenticeship or field experience element be added. The responsibility for this lies with both the academic and legal communities. Available from Ohio Northern University, 525 S. Main St., Ada, OH 45810; $5.00. (MSE)

Responses to the Law: A Word of Caution.

ERIC Educational Resources Information Center

Parr, Preston; Buchanan, E. T.

1979-01-01

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

Global Custody of Endowment Funds

ERIC Educational Resources Information Center

Palfreyman, David

2007-01-01

This article explores the law relating to the global custodianship of funds, notably as managed for endowed charities such as universities and independent schools. Is global custody based on the legal concept of bailment or of trusts? Just how secure are the legal underpinnings of this financial mechanism? The conclusions are that the legal…

Untangling Legal Issues that Affect Teachers and Student Teachers

ERIC Educational Resources Information Center

Bain, Christina

2009-01-01

The number of lawsuits pertaining to educationally related issues is on the rise in the US (Mounts, 1999). Garner (2000) reports that teachers consider legal issues the third most important area of teacher preparation. However, few universities offer undergraduate courses in educational law and few programs offer comprehensive training concerning…

Student Disciplinary Issues: A Legal Compendium. Second Edition

ERIC Educational Resources Information Center

Brown, Valerie L., Ed.

This compendium provides an overview of selected codes of student conduct, a selection of annotated legal decisions and important law review articles, and various National Association of College and University Attorney (NACUA) outlines on the issue of student discipline in both academic and nonacademic contexts. Part 1 lists nonacademic codes of…

The Legal Aspects of Foster Care. Instructor's Manual.

ERIC Educational Resources Information Center

Findling, Joseph

One of a series of manuals for the Foster Parent Training Project, this workbook has been developed at Eastern Michigan University to assist instructors in presenting to foster parent trainees information concerning foster parents involvement with courts, legal proceedings, and public and private agencies. In eight sessions foster parents are…

A data model for clinical legal medicine practice and the development of a dedicated software for both practitioners and researchers.

PubMed

Dang, Catherine; Phuong, Thomas; Beddag, Mahmoud; Vega, Anabel; Denis, Céline

2018-07-01

To present a data model for clinical legal medicine and the software based on that data model for both practitioners and researchers. The main functionalities of the presented software are computer-assisted production of medical certificates and data capture, storage and retrieval. The data model and the software were jointly developed by the department of forensic medicine of the Jean Verdier Hospital (Bondy, France) and an bioinformatics laboratory (LIMICS, Paris universities 6-13) between November 2015 and May 2016. The data model was built based on four sources: i) a template used in our department for producing standardised medical certificates; ii) a random sample of medical certificates produced by the forensic department; iii) anterior consensus between four healthcare professionals (two forensic practitioners, a psychologist and a forensic psychiatrist) and iv) anatomical dictionaries. The trial version of the open source software was first designed for examination of physical assault survivors. An UML-like data model dedicated to clinical legal practice was built. The data model describes the terminology for examinations of sexual assault survivors, physical assault survivors, individuals kept in police custody and undocumented migrants for age estimation. A trial version of a software relying on the data model was developed and tested by three physicians. The software allows files archiving, standardised data collection, extraction and assistance for certificate generation. It can be used for research purpose, by data exchange and analysis. Despite some current limitations of use, it is a tool which can be shared and used by other departments of forensic medicine and other specialties, improving data management and exploitation. Full integration with external sources, analytics software and use of a semantic interoperability framework are planned for the next months. Copyright © 2016 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

Legal and Policy Issues: Removing the Residue of Past Segregation in Higher Education

ERIC Educational Resources Information Center

Brooks, F. Erik

2004-01-01

The impact of the Knight v. Alabama ruling by looking at undergraduate student demographic data for historically African American Alabama A&M University and Alabama State University and traditionally American Auburn University and the University of Alabama is discussed. To eradicate the remaining residue of discrimination and segregation, the…

Building Information Security Awareness at Wilmington University

ERIC Educational Resources Information Center

Hufe, Mark J.

2014-01-01

This executive position paper proposes recommendations for reducing the risk of a data breach at Wilmington University. A data breach could result in identity theft of students, faculty and staff, which is costly to the individual affected and costly to the University. The University has a legal and ethical obligation to provide safeguards against…

Gametes or organs? How should we legally classify ovaries used for transplantation in the USA?

PubMed Central

Campo-Engelstein, Lisa

2011-01-01

Ovarian tissue transplantation is an experimental procedure that can be used to treat both infertility and premature menopause. Working within the current legal framework in the USA, I examine whether ovarian tissue should be legally treated like gametes or organs in the case of ovarian tissue transplantation between two women. One option is to base classification upon its intended use: ovarian tissue used to treat infertility would be classified like gametes, and ovarian tissue used to treat premature menopause would be classified like organs. In the end, however, I argue that this approach will not work because it engenders too many legal, cultural and logistical concerns and that, at least for the near future, we should treat ovarian tissue like gametes. PMID:21245477

Curriculum of EFL Teacher Education and Indonesian Qualification Framework: A Blip of the Future Direction

ERIC Educational Resources Information Center

Susilo

2015-01-01

Indonesian Qualification Framework (IQF) is a description of qualification levels for all Indonesian learning outcomes or certificate statements in Indonesian schooling from year 9 to higher education. The IQF holds a legal endorsement in the form of Presidential Decree no. 8/2012. This IQF will specify equivalencies between Indonesian and foreign…

Characteristics of illegal and legal cigarette packs sold in Guatemala.

PubMed

Arevalo, Rodrigo; Corral, Juan E; Monzon, Diego; Yoon, Mira; Barnoya, Joaquin

2016-11-25

Guatemala, as a party to the Framework Convention on Tobacco Control (FCTC), is required to regulate cigarette packaging and labeling and eliminate illicit tobacco trade. Current packaging and labeling characteristics (of legal and illegal cigarettes) and their compliance with the FCTC is unknown. We sought to analyze package and label characteristics of illegal and legal cigarettes sold in Guatemala. We visited the 22 largest traditional markets in the country to purchase illegal cigarettes. All brands registered on tobacco industry websites were purchased as legal cigarettes. Analysis compared labeling characteristics of illegal and legal packs. Most (95%) markets and street vendors sold illegal cigarettes; 104 packs were purchased (79 illegal and 25 legal). Ten percent of illegal and none of the legal packs had misleading terms. Half of the illegal packs had a warning label covering 26 to 50% of the pack surface. All legal packs had a label covering 25% of the surface. Illegal packs were more likely to have information on constituents and emissions (85% vs. 45%, p < 0.001) and were less expensive than legal ones (USD 0.70 ± 0.7 and 1.9 ± 1.8, p < 0.001). In Guatemala, neither illegal nor legal cigarette packs comply with FCTC labeling mandates. Urgent implementation and enforcement of the FCTC is necessary to halt the tobacco epidemic.

Conscientious objection and abortion: rights and duties of public sector physicians.

PubMed

Diniz, Debora

2011-10-01

The paper analyzes conscientious objection by physicians, through the concrete situation of legal abortion in Brazil. It reviews the two main ethical frameworks about conscientious objection in public health, the incompatibility thesis and the integrity thesis, to analyze the reality of legal abortion services in the referral services of the Brazilian public health care system. From these two perspectives, a third perspective is proposed - the justification thesis, to manage the right to conscientious objection among physicians in referral services. This analysis may contribute to the organization of services for legal abortion and to the education of future physicians working in emergency obstetric care.

Relationships, autonomy and legal capacity: Mental capacity and support paradigms.

PubMed

Series, Lucy

2015-01-01

Within law and legal scholarship there are different models of legal personality and legal capacity. The most well known of these emphasises individual rationality, and is distilled into the medico-legal concept of 'mental capacity'. In connection with the UN Convention on the Rights of Persons with Disabilities (CRPD) a new approach to legal personality is being developed, emphasising relationships of support and recognition of universal legal capacity. Recent scholarship on both 'mental capacity' and CRPD approaches to legal capacity has drawn from feminist writings on relational autonomy. In this paper, I use this scholarship on relational autonomy to explore the differences between these approaches to legal capacity. I argue that the approach connected with the CRPD offers a refreshing take on the importance of relationships of support in exercising legal capacity. However, despite their pronounced differences, especially in relation to the legitimacy of coercion, there are remarkable similarities in the underlying challenges for each approach: the extent to which others can 'know' our authentic and autonomous selves, and the inextricable relationships of power that all forms of legal capacity are embedded within. Copyright © 2015 Elsevier Ltd. All rights reserved.

Study on the Application Mode and Legal Protection of Green Materials in Medical-Nursing Combined Building

NASA Astrophysics Data System (ADS)

Zhiyong, Xian

2017-09-01

In the context of green development, green materials are the future trend of Medical-Nursing Combined building. This paper summarizes the concept and types of green building materials. Then, on the basis of existing research, it constructs the green material system framework of Medical-Nursing Combined building, puts forward the application mode of green building materials, and studies the policy and legal protection of green material application.

A Next Generation Repository for Sharing Sensitive Network and Security Data

DTIC Science & Technology

2018-01-01

submission, and 5 yearly IRB reviews d. Provided legal support for MOA data provider and host agreements and amendments e. Feedback and bug reporting...intrusion detection methods and systems , b) event- reconstruction and evidence-based insights into global trends (e.g., DDoS attacks and malware...propagation), and c) situational awareness (e.g., outage detection). We have leveraged IMPACT’s policy and legal framework to minimize any risks associated

[Parent discourse on legal and illegal drugs use perceived by university students].

PubMed

Suárez, Rosa Elba Sánchez; Galera, Sueli Aparecida Frari

2004-01-01

The problems related to use and abuse of legal and illegal drugs are considered worldwide epidemic. Although the drug use is considered an individual decision it is important to stress the role of the family in the conservation and changes of habits, custom and behaviours among family members and among generations. This study aimed to identify parents' discourses about legal and illegal drugs and to explore the divergences and agreements in their discourses. The research was conducted through individual interviews with 13 university students at Bogotá. The interviews were analysed with the focus on systemic theory, constructivism and narrative analysis. In the results emerged the a) the patriarchal culture context and expectance on the genre role, b) three kinds of parents discourses that present divergences and agreements typical of the nuclear family.

Multinational Experiment 7. Outcome 3 - Cyber Domain. Objective 3.3: Concept Framework Version 3.0

DTIC Science & Technology

2012-10-03

experimentation in order to give some parameters for Decision Makers’ actions. A.5 DIFFERENT LEGAL FRAMEWORKS The juridical framework to which we refer, in...material effects (e.g. psychological impact), economic et al, or, especially in the military field, it may affect Operational Security (OPSEC). 7...not expected at all to be run as a mechanistic tool that produces univocal outputs on the base of juridically qualified inputs, making unnecessary

Recommendations on chemicals management policy and legislation in the framework of the Egyptian-German twinning project on hazardous substances and waste management.

PubMed

Wagner, Burkhard O; Aziz, Elham Refaat Abdel; Schwetje, Anja; Shouk, Fatma Abou; Koch-Jugl, Juliane; Braedt, Michael; Choudhury, Keya; Weber, Roland

2013-04-01

The sustainable management of chemicals and their associated wastes-especially legacy stockpiles-is always challenging. Developing countries face particular difficulties as they often have insufficient treatment and disposal capacity, have limited resources and many lack an appropriate and effective regulatory framework. This paper describes the objectives and the approach of the Egyptian-German Twinning Project under the European Neighbourhood Policy to improve the strategy of managing hazardous substances in the Egyptian Environmental Affairs Agency (EEAA) between November 2008 and May 2011. It also provides an introduction to the Republic of Egypt's legal and administrative system regarding chemical controls. Subsequently, options for a new chemical management strategy consistent with the recommendations of the United Nations Chemicals Conventions are proposed. The Egyptian legal and administrative system is discussed in relation to the United Nations' recommendations and current European Union legislation for the sound management of chemicals. We also discuss a strategy for the EEAA to use the existing Egyptian legal system to implement the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals, the Stockholm Convention and other proposed regulatory frameworks. The analysis, the results, and the recommendations presented may be useful for other developing countries in a comparable position to Egypt aspiring to update their legislation and administration to the international standards of sound management of chemicals.

Developing a national framework for safe drinking water--case study from Iceland.

PubMed

Gunnarsdottir, Maria J; Gardarsson, Sigurdur M; Bartram, Jamie

2015-03-01

Safe drinking water is one of the fundaments of society and experience has shown that a holistic national framework is needed for its effective provision. A national framework should include legal requirements on water protection, surveillance on drinking water quality and performance of the water supply system, and systematic preventive management. Iceland has implemented these requirements into legislation. This case study analyzes the success and challenges encountered in implementing the legislation and provide recommendations on the main shortcomings identified through the Icelandic experience. The results of the analysis show that the national framework for safe drinking water is mostly in place in Iceland. The shortcomings include the need for both improved guidance and control by the central government; and for improved surveillance of the water supply system and implementation of the water safety plan by the Local Competent Authorities. Communication to the public and between stakeholders is also insufficient. There is also a deficiency in the national framework regarding small water supply systems that needs to be addressed. Other elements are largely in place or on track. Most of the lessons learned are transferable to other European countries where the legal system around water safety is built on a common foundation from EU directives. The lessons can also provide valuable insights into how to develop a national framework elsewhere. Copyright © 2014 Elsevier GmbH. All rights reserved.

End-of-life care in the 21st century: advance directives in universal rights discourse.

PubMed

Besirević, Violeta

2010-03-01

This article explores universal normative bases that could help to shape a workable legal construct that would facilitate a global use of advance directives. Although I believe that advance directives are of universal character, my primary aim in approaching this issue is to remain realistic. I will make three claims. First, I will argue that the principles of autonomy, dignity and informed consent, embodied in the Oviedo Convention and the UNESCO Declaration on Bioethics and Human Rights, could arguably be regarded as universal bases for the global use of advance directives. Second, I will demonstrate that, despite the apparent consensus of ethical authorities in support of their global use, it is unlikely, for the time being, that such consensus could lead to unqualified legal recognition of advance directives, because of different understandings of the nature of the international rules, meanings of autonomy and dignity which are context-specific and culture-specific, and existing imperfections that make advance directives either unworkable or hardly applicable in practice. The third claim suggests that the fact that the concept of the advance directive is not universally shared does not mean that it should not become so, but never as the only option in managing incompetent patients. A way to proceed is to prioritize work on developing higher standards in managing incompetent patients and on progressing towards the realization of universal human rights in the sphere of bioethics, by advocating a universal, legally binding international convention that would outlaw human rights violations in end-of-life decision-making.

Let it grow-the open market solution to marijuana control.

PubMed

Gettman, Jon; Kennedy, Michael

2014-11-18

This commentary evaluates regulatory frameworks for the legalized production, sale, and use of marijuana. Specifically, we argue that the primary goal of legalization should be the elimination of the illicit trade in marijuana and that maximizing market participation through open markets and personal cultivation is the best approach to achieving this goal. This argument is based on the assertion that regulatory models based on a tightly controlled government market will fail because they replicate the fatal flaws of the prohibition model. This commentary argues that an examination of the reasons for prohibition's failure-to wit, the inability of government to control the production of marijuana-completely undercuts the basic premise of a tightly controlled market, which depends on the ability of the government to control production. The public interest would be better served by an effective regulatory framework which recognizes and takes advantage of competitive market forces. This analysis argues that reducing teenage access to marijuana requires the elimination of an overcapitalized illicit market. Further, it asserts that this goal and maximization of tax revenue from a legal marijuana market are mutually exclusive objectives.

Public health law and disaster medicine: understanding the legal environment.

PubMed

Gionis, Thomas A; Wecht, Cyril; Marshall, Lewis W

2007-01-01

Disaster medicine specialists, policy makers, and the public often feel frustrated when they encounter the complex legal framework that surrounds public health emergencies and disasters. Such a framework is particularly difficult to understand when one considers that the federal government has no express powers over public health or disaster management. In fact, under the US Constitution, the states, rather than the federal government, possess public health governance. Although public health sovereignty formally resides within the states, and notwithstanding the federal government's lack of express constitutional powers over public health crises and disaster management, the federal government has gradually taken on a greater leadership role in managing public health emergencies. In order to clarify the state and federal responsibilities surrounding public health emergencies and disasters, this article explores necessary and pertinent legal topics. These topics include public health duties, public health disasters, state sovereignty, governmental coercion, de facto constitutional empowerment, separation of powers, limited powers, federalism, state police powers, general and federal declarations of emergencies, the Model State Emergency Health Powers Act (MSEHPA), and public health and national security.

International Humanitarian Law: The legal framework for humanitarian forensic action.

PubMed

Gaggioli, Gloria

2018-01-01

In armed conflicts, death is not an exceptional occurrence, but becomes the rule and occurs on a daily basis. Dead bodies are sometimes despoiled, mutilated, abandoned without any funeral rite and without a decent burial. Unidentified remains may be counted by hundreds or thousands. As a result, families look for years for missing relatives, ignorant of the fate of their loved ones. International Humanitarian Law, also called the laws of war or the law of armed conflict, is an international law branch, which has been developed to regulate and, as far as possible, to humanize armed conflicts. It contains a number of clear and concrete obligations incumbent to belligerent parties on the management of dead bodies, which provide the legal framework for humanitarian forensic action. The purpose of this article is to present, in a simple and concise manner, these rules with a view to extrapolate some key legal principles, such as the obligation to respect the dignity of the dead or the right to know the fate of relatives, which shall guide anyone dealing with human remains. Copyright © 2017 Elsevier B.V. All rights reserved.

The University of Mississippi and the Meredith Case. (Includes "Another Mississippi Story").

ERIC Educational Resources Information Center

Williams, J.D.

The document is the report of the chancellor of the University of Mississippi about the university's role in the case of James Meredith. Presented is the history of the case from the university's viewpoint--Meredith's initial application for admission, the subsequent legal suit and appeals, the U.S. Supreme Court decision ordering his admission,…

Duty, Discretion and Conflict: University Governance and the Legal Obligations of University Boards

ERIC Educational Resources Information Center

Corcoran, Suzanne

2004-01-01

In recent years university governance has come in from the cold, so to speak, and is now the subject of some debate in political and academic venues. The core issue for debate is the appropriateness and effectiveness of current university governance structures. This debate is particularly critical in light of the increased professionalisation of…

Falling short: how state laws can address health information exchange barriers and enablers.

PubMed

Schmit, Cason D; Wetter, Sarah A; Kash, Bita A

2018-06-01

Research on the implementation of health information exchange (HIE) organizations has identified both positive and negative effects of laws relating to governance, incentives, mandates, sustainability, stakeholder participation, patient engagement, privacy, confidentiality, and security. We fill a substantial research gap by describing whether comprehensive state and territorial HIE legal frameworks address identified legal facilitators and barriers. We used the Westlaw database to identify state and territorial laws relating to HIEs in effect on June 7, 2016 (53 jurisdictions). We blind-coded all laws and addressed coding discrepancies in peer-review meetings. We recorded a consensus code for each law in a master database. We compared 20 HIE legal attributes with identified barriers to and enablers of HIE activity in the literature. Forty-two states, the District of Columbia, and 2 territories have laws relating to HIEs. On average, jurisdictions address 8.32 of the 20 criteria selected in statutes and regulations. Twenty jurisdictions unambiguously address ≤5 criteria in statutes and regulations. None of the significant legal criteria are unambiguously addressed in >60% of the 53 jurisdictions. Laws can be barriers to or enablers of HIEs. However, jurisdictions are not addressing many significant issues identified by researchers. Consequently, there is a substantial risk that existing legal frameworks are not adequately supporting HIEs. The current evidence base is insufficient for comparative assessments or impact rankings of the various factors. However, the detailed Centers for Disease Control and Prevention dataset of HIE laws could enable investigations into the types of laws that promote or impede HIEs.

K-12 access to internet: Securing the legal framework

NASA Astrophysics Data System (ADS)

Blauassociate, Andrew

1993-09-01

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

Seminar: Legal Perspectives of Nursing Practice. Nursing 89.

ERIC Educational Resources Information Center

Willis, Odette P.

This course outline provides information to be used by students in conjunction with Nursing 89, a seminar on the legal aspects of nursing to be offered starting in Spring 1982 at Diablo University (California). General information is provided first, including a class calendar, a statement defining the purpose of the course, an outline of…

Top 10 Campus Legal Issues for Boards

ERIC Educational Resources Information Center

White, Lawrence

2015-01-01

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

Adapting Advanced Inorganic Chemistry Lecture and Laboratory Instruction for a Legally Blind Student

ERIC Educational Resources Information Center

Miecznikowski, John R.; Guberman-Pfeffer, Matthew J.; Butrick, Elizabeth E.; Colangelo, Julie A.; Donaruma, Cristine E.

2015-01-01

In this article, the strategies and techniques used to successfully teach advanced inorganic chemistry, in the lecture and laboratory, to a legally blind student are described. At Fairfield University, these separate courses, which have a physical chemistry corequisite or a prerequisite, are taught for junior and senior chemistry and biochemistry…

College Endowment Funds: A Consideration of Applicable Accounting and Legal Principles.

ERIC Educational Resources Information Center

Blackwell, Thomas E.; Johns, Ralph S.

1970-01-01

In 1968 the Ford Foundation appointed an Advisory Committee on Endowment Management to study the management of college and university endowment funds with an eye toward the accounting and legal principals of more unconventional investing. The Committee concluded that gains from endowments need not be treated as principal of NACUBO sees this…

A Comparison of Student Leader and Non Leader Attitudes Toward Legalizing Marihuana

ERIC Educational Resources Information Center

Bittner, John R.; Cash, William B.

1971-01-01

The data tends to imply that campus leaders have attitudes on the issue of marihuana legalization which conform to the norms of a major midwestern university sampling. Drug education programs might include student leaders with local credibility and who may possess attitudes very similar to their peers. (Author/BY)

Islamic Law and Legal Education in Modern Egypt

ERIC Educational Resources Information Center

Nakissa, Aria Daniel

2012-01-01

This dissertation examines the transmission of Islamic legal knowledge in modern Egypt. It is based on two years of ethnographic fieldwork in Cairo among formally trained Islamic scholars. With governmental permission, I was able to attend classes at both al-Azhar's Faculty of Shari'ah and Cairo University's Dar al-'Ulum. I also participated in…

Legal Issues and Small High Schools: Strategies to Support Innovation in Washington State

ERIC Educational Resources Information Center

Warner-King, Kelly; Price, Mitch

2004-01-01

In 2003, education program officials at the Bill & Melinda Gates Foundation asked attorneys at the University of Washington's Center on Reinventing Public Education to explore legal issues affecting the establishment and operation of small high schools in Washington State. Although this guide will be of interest to small school advocates…

Legality, Quality Assurance and Learning: Competing Discourses of Plagiarism Management in Higher Education

ERIC Educational Resources Information Center

Sutherland-Smith, Wendy

2014-01-01

In universities around the world, plagiarism management is an ongoing issue of quality assurance and risk management. Plagiarism management discourses are often framed by legal concepts of authorial rights, and plagiarism policies outline penalties for infringement. Learning and teaching discourses argue that plagiarism management is, and should…

Faculty Handbooks as Enforceable Contracts: A State Guide

ERIC Educational Resources Information Center

American Association of University Professors, 2009

2009-01-01

Each year, the American Association of University Professors (AAUP) receives many inquiries about the legal status of faculty handbooks. To respond to some common inquiries, the Association's legal office prepared this overview of faculty handbook decisions. It is arranged by state and includes decisions of which the Association is aware and that…

Forming Students' Professional Legal Competency in the Context of European Universities' Experience

ERIC Educational Resources Information Center

Yashchuk, Sergiy

2016-01-01

The article deals with theoretical analysis of the educational process in European higher education institutions in the context of forming future social workers' professional legal competency. Based on the study of scientific and reference sources the author has defined the peculiarities of the educational process in the most popular higher…

Changes in Institutional Research in Germany. AIR 1991 Annual Forum Paper.

ERIC Educational Resources Information Center

Schultz-Gerstein, Hans-G.

This paper recounts the legal, political, and educational changes in former East Germany as the nation has become reunified, and considers the implications of reunification for institutional research at East German universities. After a brief sketch of legal, geographic, and demographic highlights, the decrepit conditions of East German university…

A legal framework to enable sharing of Clinical Decision Support knowledge and services across institutional boundaries.

PubMed

Hongsermeier, Tonya; Maviglia, Saverio; Tsurikova, Lana; Bogaty, Dan; Rocha, Roberto A; Goldberg, Howard; Meltzer, Seth; Middleton, Blackford

2011-01-01

The goal of the CDS Consortium (CDSC) is to assess, define, demonstrate, and evaluate best practices for knowledge management and clinical decision support in healthcare information technology at scale - across multiple ambulatory care settings and Electronic Health Record technology platforms. In the course of the CDSC research effort, it became evident that a sound legal foundation was required for knowledge sharing and clinical decision support services in order to address data sharing, intellectual property, accountability, and liability concerns. This paper outlines the framework utilized for developing agreements in support of sharing, accessing, and publishing content via the CDSC Knowledge Management Portal as well as an agreement in support of deployment and consumption of CDSC developed web services in the context of a research project under IRB oversight.

Ethics review of health research on human participants in South Africa.

PubMed

van Wyk, Christa

2010-06-01

In terms of South African legislation, all health research on human participants must be submitted to an accredited research ethics committee for independent ethics review. Health research covers a broad spectrum of research, including clinical trials. This article sets out the ethical-legal framework for the functioning and composition of such committees. It also deals with the newly created National Health Research Ethics Council, which registers and audits health research ethics committees. Special attention is given to the conduct of clinical trials. In conclusion, it is submitted that the National Health Act, the Draft Regulations Relating to Research on Human Subjects, and two sets of ethical guidelines adopted by the Department of Health provide a much needed and coherent ethical-legal framework for research in South Africa.

Psychoanalytic principles as a heuristic framework to bridge the gap between psychology and the law in SVP evaluations: Assessing emotional and volitional impairment.

PubMed

Simon, Eric P

2015-01-01

The legal concepts of emotional and volitional impairment in SVP evaluations are vague and ill-defined. This article reviews the legal terms of emotional and volitional impairment as they have been contemplated in extant SVP statutes, SVP case law, logical constructions, and limited empirical studies. To bridge the gap between psychiatry and the law, a broad, theory-based heuristic framework is furnished for understanding emotional and volitional impairment at a deep psychological (and intra-psychic) level. Specifically discussed are the concepts of transference, repetition compulsion, fixation, cathexis, regression, identification with the aggressor, and the object-relations and self-psychology concepts related to a loss of possession of the self. Copyright © 2015 Elsevier Ltd. All rights reserved.

Undertaking capacity assessments for people with dementia in general hospitals.

PubMed

Murray, Aileen

2016-08-01

Ensuring that older patients are discharged from hospital in a safe and appropriate manner is a fundamental aspect of nursing care. However, it is clear from the literature and clinical practice that determining people's capacity and whether they are able to decide where they live on discharge is a significant challenge. There is variation in practice despite the legal framework provided by the Mental Capacity Act (MCA) 2005, covering England and Wales, which raises questions about adherence to the legislation. Using a case study, this article explores aspects of the MCA and clinical practice that affect older patients' outcomes on discharge from general hospital settings. It demonstrates how effective multidisciplinary working, using the legal frameworks available, can ensure that an individual's independence and well-being are maintained.

Who Establishes the Presence of a Mental Disorder in Defendants? Medicolegal Considerations on a European Court of Human Rights Case

PubMed Central

Kooijmans, Tijs; Meynen, Gerben

2017-01-01

Legal insanity is a peculiar element of criminal law, because it brings together two very different disciplines: psychiatry and psychology on the one hand and the law on the other. One of the basic questions regarding evaluations of defendants concerns the question of who should establish “true mental disorder,” the judge or the behavioral expert? This question is complicated, and in this contribution it will be explored based on a Dutch case that was eventually decided by the European Court of Human Rights (ECtHR). We will argue that the ECtHR provides a valuable legal framework. Based on its merits, the framework could also be of interest to countries outside the Court’s jurisdiction. PMID:29085306

Teaching forensic medicine in the University of Porto.

PubMed

Magalhães, Teresa; Dinis-Oliveira, Ricardo Jorge; Santos, Agostinho

2014-07-01

The University of Porto (UP) provides education in Forensic Medicine (FM) through the 1st, 2nd and 3rd cycle of studies, post-graduation and continuing education courses. This education is related to forensic pathology, clinical forensic medicine (including forensic psychology and psychiatry), forensic chemistry and toxicology, forensic genetics and biology, and criminalistics. With this work we intent to reflect on how we are currently teaching FM in the UP, at all levels of university graduation. We will present our models, regarding the educational objectives, curricular program and teaching/learning methodologies of each cycle of studies as well as in post-graduate and continuing education courses. Historically, and besides related administratively to the Ministry of Justice, the Portuguese Medico-Legal Institutes (since 1918) and more recently the National Institute of Legal Medicine and Forensic Sciences (INMLCF) also have educational and research responsibilities. Thus, it lends space and cooperates with academic institutions and this contribution, namely regarding teaching forensic sciences in Portugal has been judged as an example for other Countries. This contribution is so important that in UP, the Department of Legal Medicine and Forensic Sciences of the Faculty of Medicine (FMUP) shares, until now, the same physical space with North Branch of the INMLCF, which represents a notorious advantage, since it makes possible the "learning by doing". Copyright © 2014 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

32 CFR 34.1 - Purpose.

Code of Federal Regulations, 2011 CFR

2011-07-01

... order. (2) Subawards. (i) Any legal entity (including any State, local government, university or other... apply the provisions of this part to subawards with for-profit organizations. It should be noted that... universities or other nonprofit organizations). ...

32 CFR 34.1 - Purpose.

Code of Federal Regulations, 2012 CFR

2012-07-01

... order. (2) Subawards. (i) Any legal entity (including any State, local government, university or other... apply the provisions of this part to subawards with for-profit organizations. It should be noted that... universities or other nonprofit organizations). ...

32 CFR 34.1 - Purpose.

Code of Federal Regulations, 2014 CFR

2014-07-01

... order. (2) Subawards. (i) Any legal entity (including any State, local government, university or other... apply the provisions of this part to subawards with for-profit organizations. It should be noted that... universities or other nonprofit organizations). ...

32 CFR 34.1 - Purpose.

Code of Federal Regulations, 2013 CFR

2013-07-01

... order. (2) Subawards. (i) Any legal entity (including any State, local government, university or other... apply the provisions of this part to subawards with for-profit organizations. It should be noted that... universities or other nonprofit organizations). ...

32 CFR 34.1 - Purpose.

Code of Federal Regulations, 2010 CFR

2010-07-01

... order. (2) Subawards. (i) Any legal entity (including any State, local government, university or other... apply the provisions of this part to subawards with for-profit organizations. It should be noted that... universities or other nonprofit organizations). ...

Present state of reproductive medicine in Japan – ethical issues with a focus on those seen in court cases

PubMed Central

Mayeda, Mayumi

2006-01-01

Background Against a background of on the one hand, a declining demography and a conservative family register system that emphasizes the importance of the blood line, and on the other hand, an increase in the number of people undergoing fertility treatment, the absence of a legal regulatory framework concerning ART matters is likely to result in an increasing number of contradictory situations. It is against this background that the paper sets out to examine the judgements of court cases related to ART, with a particular focus on the legal determination of parental status, and to link these to aspects of the legal and socio-ethical environment within which the courts make their judgements. Methods The methods used were thorough investigation of all the court cases concerning ART in the public domain in Japan, including the arguments of the concerned parties and the judgements so far delivered. With the court cases as a central focal point, trends in Japan, including deliberations by government and academic societies, are reviewed, and the findings of surveys on the degree of understanding and attitudes among the people toward ART are summarized. Results In terms of the judgements to date, the central criteria used by the courts in determining parental status were the act of parturition and the consent of the husband of the concerned couple. The government and academic societies have displayed a cautious attitude toward ART, but the findings of attitude surveys among the people at large show a generally positive attitude toward ART. Attitudes toward the overwhelming importance hitherto attached to the bloodline are also seen to be changing. Conclusion The main conclusion is that in the absence of a legal regulatory framework for ART, there is likely to be an increase in the contradictions between the use of outdated legal precedents and the technical development of ART. Since much of the specialist discussion necessary for the formulation of a legal framework has already been carried out, the speedy enactment of comprehensive and at the same time flexible legislation would be highly desirable, but further wide-ranging discussion involving the general public is likely to be needed first. PMID:16597339

The Impact of Legal Advocacy Strategies to Advance Roma Health: The Case of Macedonia.

PubMed

Abdikeeva, Alphia; Covaci, Alina

2017-12-01

Across Europe, Roma face exclusion and obstacles in access to health services, resulting in poorer health. While there are legal and policy frameworks for Roma inclusion, implementation often lags behind. Increasing the grassroots capacity of Roma to advocate for accountability in health care and against systemic impediments has been a central focus of Open Society Foundations (OSF) support. This analysis discusses the impact of an OSF-supported legal advocacy project on Roma health rights in Macedonia. The paper uses qualitative indicators to measure the capacity of nongovernmental organizations, accountability for violations, changes in law and practice, and impact on communities. The methodology for assessing the impact of legal advocacy was developed over the course of OSF's legal advocacy project and used to calculate the baseline and conduct the follow-up assessment to track progress across four strategies: legal empowerment, documentation and advocacy, media advocacy, and strategic litigation. Results show that legal advocacy has led to a notable increase in Roma awareness of their health rights. The number of lawsuits has risen dramatically, and cases are increasingly more sophisticated. Although accountability in health care is still the exception rather than the rule, blatant violations have been reduced. Some structural barriers have also been tackled. At the same time, new challenges require continuous and adaptable legal advocacy.

The Impact of Legal Advocacy Strategies to Advance Roma Health

PubMed Central

Covaci, Alina

2017-01-01

Abstract Across Europe, Roma face exclusion and obstacles in access to health services, resulting in poorer health. While there are legal and policy frameworks for Roma inclusion, implementation often lags behind. Increasing the grassroots capacity of Roma to advocate for accountability in health care and against systemic impediments has been a central focus of Open Society Foundations (OSF) support. This analysis discusses the impact of an OSF-supported legal advocacy project on Roma health rights in Macedonia. The paper uses qualitative indicators to measure the capacity of nongovernmental organizations, accountability for violations, changes in law and practice, and impact on communities. The methodology for assessing the impact of legal advocacy was developed over the course of OSF’s legal advocacy project and used to calculate the baseline and conduct the follow-up assessment to track progress across four strategies: legal empowerment, documentation and advocacy, media advocacy, and strategic litigation. Results show that legal advocacy has led to a notable increase in Roma awareness of their health rights. The number of lawsuits has risen dramatically, and cases are increasingly more sophisticated. Although accountability in health care is still the exception rather than the rule, blatant violations have been reduced. Some structural barriers have also been tackled. At the same time, new challenges require continuous and adaptable legal advocacy. PMID:29302166

77 FR 72815 - Submission for OMB Review; Comment Request

Federal Register 2010, 2011, 2012, 2013, 2014

2012-12-06

... (GNIS). The BAS universe and mailing materials vary depending both upon the needs of the Census Bureau... decennial census. There are less than 40,000 governments in the universe each year. In all other years, the BAS reporting universe includes all legally defined federally recognized American Indian and Alaska...

A Violent Birth: Reframing Coerced Procedures During Childbirth as Obstetric Violence.

PubMed

Borges, Maria TR

2018-01-01

In the United States, women are routinely forced to undergo cesarean sections, episiotomies, and the use of forceps, despite their desire to attempt natural vaginal delivery. Yet, the current American legal system does little to provide redress for women coerced to undergo certain medical procedures during childbirth. Courts and physicians alike are prepared to override a woman's choice of childbirth procedure if they believe this choice poses risks to the fetus, and both give little value to the woman's right to bodily autonomy. This Note proposes a solution for addressing the problem of coerced medical procedures during childbirth by importing a framework created in Venezuela and Argentina that characterizes this issue as "obstetric violence." First, this Note contains an overview of the shortcomings of the existing American legal framework to address the problem. Second, it explains the advantages of the obstetric violence framework and argues that its adoption in the United States would address many of the failures of the existing system. And third, this Note introduces a few legislative and litigation strategies that can be used to implement this framework in the United States and briefly addresses some of the challenges these strategies may pose.

Genetic testing: medico-legal issues.

PubMed

Bird, Sara

2014-07-01

The availability and frequency of genetic testing is increasing. Genetic testing poses some unique ethical and legal issues for medical practitioners because of the potential to identify genetic variants that carry implications for the risk of disease in the future for the patient and their relatives. The regulatory framework within which genetic testing is provided in Australia is also changing. This article examines some medico-legal issues associated with genetic testing that general practitioners (GPs) are likely encounter in their practices. There is inevitable involvement of the GP in the long term care of a patient (and possibly their family) following genetic testing, regardless of whether or not the GP has ordered the testing. Cases are presented to illustrate some of the medico-legal issues that may arise from direct-to-consumer genetic testing, information disclosure to genetic relatives and requests for parentage testing.

Medical practice and legal background of decisions for severely ill newborn infants: viewpoints from seven European countries.

PubMed

Sauer, P J J; Dorscheidt, J H H M; Verhagen, A A E; Hubben, J H

2013-02-01

To comparing attitudes towards end-of-life (EOL) decisions in newborn infants between seven European countries. One paediatrician and one lawyer from seven European countries were invited to attend a conference to discuss the practice of EOL decisions in newborn infants and the legal aspects involved. All paediatricians/neonatologists indicated that the best interest of the child should be the leading principle in all decisions. However, especially when discussing cases, important differences in attitude became apparent, although there are no significant differences between the involved countries with regard to national legal frameworks. Important differences in attitude towards neonatal EOL decisions between European countries exist, but they cannot be explained solely by medical or legal reasons. ©2012 The Author(s)/Acta Paediatrica ©2012 Foundation Acta Paediatrica.

Environmental siting suitability analysis for commercial scale ocean renewable energy: A southeast Florida case study

NASA Astrophysics Data System (ADS)

Mulcan, Amanda

This thesis aims to facilitate the siting and implementation of Florida Atlantic University Southeast National Marine Renewable Energy Center (FAU SNMREC) ocean current energy (OCE) projects offshore southeastern Florida through the analysis of benthic anchoring conditions. Specifically, a suitability analysis considering all presently available biologic and geologic datasets within the legal framework of OCE policy and regulation was done. OCE related literature sources were consulted to assign suitability levels to each dataset, ArcGIS interpolations generated seafloor substrate maps, and existing submarine cable pathways were considered for OCE power cables. The finalized suitability map highlights the eastern study area as most suitable for OCE siting due to its abundance of sand/sediment substrate, existing underwater cable route access, and minimal biologic presence. Higher resolution datasets are necessary to locate specific OCE development locales, better understand their benthic conditions, and minimize potentially negative OCE environmental impacts.

[The human embryo after Dolly: new practices for new times].

PubMed

de Miguel Beriain, Iñigo

2008-01-01

The possiblity of cloning human beings introduced a lot of issues in our ethical and legal frameworks. In this paper, we will put the focus into the necessary changes in the concept of embryo that our legal systems will have to implement in order to face the new situation. The description of the embryo as a group of cells able to develop into a human being will be defended here as the best way of doing so.

New Frameworks for Detecting and Minimizing Information Leakage in Anonymized Network Data

DTIC Science & Technology

2011-10-01

researcher the exact extent to which a particular utility is affected by the anonymization. For instance, Karr et al.’s use of the Kullback - Leibler ...technical, legal, policy, and privacy issues limit the ability of operators to produce data sets for information security testing . In an effort to...technical, legal, policy, and privacy issues limit the ability of operators to produce datasets for information security testing . In an effort to help

Forensic Stable Isotope Biogeochemistry

NASA Astrophysics Data System (ADS)

Cerling, Thure E.; Barnette, Janet E.; Bowen, Gabriel J.; Chesson, Lesley A.; Ehleringer, James R.; Remien, Christopher H.; Shea, Patrick; Tipple, Brett J.; West, Jason B.

2016-06-01

Stable isotopes are being used for forensic science studies, with applications to both natural and manufactured products. In this review we discuss how scientific evidence can be used in the legal context and where the scientific progress of hypothesis revisions can be in tension with the legal expectations of widely used methods for measurements. Although this review is written in the context of US law, many of the considerations of scientific reproducibility and acceptance of relevant scientific data span other legal systems that might apply different legal principles and therefore reach different conclusions. Stable isotopes are used in legal situations for comparing samples for authenticity or evidentiary considerations, in understanding trade patterns of illegal materials, and in understanding the origins of unknown decedents. Isotope evidence is particularly useful when considered in the broad framework of physiochemical processes and in recognizing regional to global patterns found in many materials, including foods and food products, drugs, and humans. Stable isotopes considered in the larger spatial context add an important dimension to forensic science.

[Proxy decision in health questions and advance designations by patients. A practice-oriented review of the legal and ethical problems in treating the incompetent patient].

PubMed

Strätling, M; Scharf, V E; Wulf, H; Eisenbart, B; Simon, A

2000-07-01

Except in emergencies, the medical treatment of incompetent patients also has to be based upon an informed consent between the physician and a legitimate legal representative (durable power of attorney). Consequently, the German 'Betreuungsrecht' advices persons to designate in advance such a proxy or surrogate. However, an additional court-decision is demanded, if a medical measure poses significant risks for the future health or the life of the incompetent patient. On the base of the available epidemiologic data we illustrate that neither our medical nor our legal system could realistically cope with the practical consequences of this legislation: The vast majority of our present decisions in such cases is not covered by a legally valid informed consent, which implies possible forensic consequences. This article provides relevant clinical and legal advice on how to protect the legitimate interests of all concerned within the present framework, which should urgently be revised.

[Legal framework of data protection : current requirements in Germany and requirements in planned European Union regulations].

PubMed

Schütze, B

2013-05-01

The federal system in Germany necessitates that in addition to federal laws, country and church-specific legislations must also be considered during the evaluation of relevant legal stipulations concerning data protection. Furthermore, there are also special legal regulations for hospitals in almost every federal state which are governed by the principle of subsidiarity: special legal regulations are to be preferentially used, so that findings from one federal state are difficult to transfer to another federal state.Patient data may only be used and processed without legal regulations with informed consent of the patient. The use of patient data for purposes of quality assurance, research and further education of students and doctors is possible under the present laws according to a positive weighting of interests. Patient data can also be exchanged via online services for the purposes of patient care; however, informed consent of the patient for medical online services is almost always unavoidable.

The Louisiana State University Law Center's Bijural Program.

ERIC Educational Resources Information Center

Costonis, John J.

2002-01-01

Describes the bijural program of Louisiana State University Law Center. The program educates all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)

CROMERR Program Fact Sheet

EPA Pesticide Factsheets

The Cross-Media Electronic Reporting Rule (CROMERR), published in the Federal Register under 40 CFR, Part 3 on October 13, 2005, provides the legal framework for electronic reporting under all of EPA's environmental regulations.

An Acquisition Guide for Executives

EPA Pesticide Factsheets

This guide covers the following subjects; What is Acquisition?, Purpose and Primary Functions of the Agency’s Acquisition System, Key Organizations in Acquisitions, Legal Framework, Key Players in Acquisitions, Acquisition Process, Acquisition Thresholds

Does the law stymie the science? The role of law in achieving sustainable groundwater management

NASA Astrophysics Data System (ADS)

Allan, A.

2012-04-01

Legal frameworks for the management of groundwater evolved in an environment where scientific understanding of the resource was sketchy. As hydrogeological knowledge has improved over time, the law has often failed to catch up and enforcement of those laws that are in place has proved difficult. Consequently, groundwater in many countries is still managed by inadequate regimes that are unable to effectively integrate the impacts of land use management and surface water interactions. The Water Framework Directive and its associated Groundwater Directive require the integrated management of both ground and surface waters, but on a global level, this is unusual. Institutional frameworks often perpetuate this split, and the legal regime for the management of transboundary shared aquifers is a work in progress. Both national and international frameworks encourage a race to over-exploit groundwater resources. Symptomatic of the problems currently seen in groundwater management is a widespread inability to adapt to changing climate and environmental conditions. Users may be granted unchangeable rights of use in perpetuity, and the impacts of aquifer over-exploitation on dependent ecosystems may be ignored. There are therefore significant barriers to the application of existing science in many countries, and this seriously jeopardises efforts to sustainably manage groundwater. This presentation will assess current developments in the laws relating to the use of groundwater around the world, highlighting case studies from India, Australia and the USA, and assessing the implementation of the Groundwater Directive in selected European countries (in work derived from the EU-funded GENESIS project). It will also examine the legal architecture relating to international shared aquifers, and the extent to which it can cope with national groundwater use patterns that will shift in response to climate change and its consequences.

Development and testing of a new framework for rapidly assessing legal and managerial protection afforded by marine protected areas: Mediterranean Sea case study.

PubMed

Rodríguez-Rodríguez, D; Rodríguez, J; Abdul Malak, D

2016-02-01

The Convention on Biological Diversity (CBD) states the need to effectively conserve at least 10% of coastal and marine areas of particular importance for biodiversity by 2020. Here, a new indicator-based methodological framework to assess biodiversity protection afforded by marine protected areas' (MPA) was developed as a quick surrogate for MPAs' potential conservation effectiveness: the Marine Protected Area Protection Assessment Framework (MaPAF). The MaPAF consists of a limited number of headline indicators that are integrated in two indexes: Legal protection and Management effort, which eventually integrate in the overall MPA Protection super-index. The MaPAF was then tested in the Mediterranean MPA network as a case study. Spatial analyses were performed at three meaningful scales: the whole Mediterranean Sea, Mediterranean ecoregions and countries. The results of this study suggest that: 1) The MaPAF can serve as a useful tool for consistent, adaptive, quick and cost-effective MPA effectiveness assessments of MPAs and MPA networks in virtually any marine region, as the headline indicators used are commonly compiled and easy to retrieve; 2) The MaPAF proved usable and potentially relevant in the Mediterranean Sea where most indicators in the framework can be publicly accessed through the MAPAMED database and are planned to be regularly updated; 3) Protection afforded by MPAs is low across the whole Mediterranean, with only few MPAs having relatively high legal and managerial protection; and 4) Most Mediterranean countries need to devote substantially more work to improve MPA effectiveness mainly through increased management effort. Copyright © 2015 Elsevier Ltd. All rights reserved.

Measuring the way forward in Haiti: grounding disaster relief in the legal framework of human rights.

PubMed

Klasing, Amanda M; Moses, P Scott; Satterthwaite, Margaret L

2011-07-14

This article provides results from an online survey of humanitarian workers and volunteers that was conducted in May and June 2010. The purpose of the survey was to understand how the humanitarian aid system adopts or incorporates human rights into its post-natural disaster work and metrics. Data collected from Haiti suggest that humanitarians have embraced a rights-based approach but that they do not agree about how this is defined or about what standards and indicators can be considered rights-based. This disagreement may reveal that humanitarians are aware of a mismatch between the rights-based approach to post-disaster humanitarian work and the legal framework of human rights. Using participation and accountability as examples, this article identifies and examines this mismatch and suggests that the humanitarian aid system should more fully embrace engagement with the human rights framework. To do so, the article concludes, humanitarian actors and the human rights community should have an open dialogue about the development of metrics that accurately reflect and monitor adherence to the legal framework of human rights. This would allow the humanitarian aid system to ensure its interventions enhance the capacity of the disaster-affected state to fulfill its human rights obligations, and would allow humanitarian and human rights actors alike to measure the impact of such interventions on the realization of human rights in post-natural disaster settings. Copyright © 2011 Klasing, Moses, and Satterthwaite. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

Defining a Communications Satellite Policy System for the 21st Century: A Model for a International Legal Framework and A New _Code of Conduct_

NASA Astrophysics Data System (ADS)

Pelton, Joseph N.

1996-02-01

This paper addresses the changing international communications environment and explores the key elements of a new policy framework for the 21st Century. It addresses the issues related to changing markets, trade considerations, standards, regulatory changes and international institutions and law. The most important aspects will related to new international policy and regulatory frameworks and in particular to a new international code of ethics and behavior in the field of satellite communications. A new communications satellite policy framework requires systematically addressing the following points: • Multi-lateral agreements at the nation state and the operating entity level • Systematic means to access both private and public capital • Meshing ITU regulations with regional and national policy guidelines including • landing rights" and national allocation procedures. • Systematic approach to local partnerships • Resolving the issue of the relative standing of various satellite systems (i.e. GEO, MEO, and LEO systems) • Resolving the rights, duties, and priorities of satellite facility providers versus types of service prviders. Beyond this policy framework and generalized legal infrastructure there is also another need. This is a need that arises from both increased globalism and competitive international markets. This is what might quite simply be called a "code of reasonable conduct:" To provide global and international communications services effectively and well in the 21st Century will require more than meeting minimum international legal requirements. A new "code of conduct" for global satellite communications will thus likely need to address: • Privacy and surveillance • Ethics of transborder data flow • Censorship and moral values • Cultural and linguistic sensitivity • Freedom of the press and respect for journalistic standards As expanding global information and telecommunications systems grow and impact every aspect of modern life, the need for new international policy and especially new suitable standards of conduct in the field of satellite communications become ever more apparent and necessary.

Research on the fundamental principles of China's marine invasive species prevention legislation.

PubMed

Bai, Jiayu

2014-12-15

China's coastal area is severely damaged by marine invasive species. Traditional tort theory resolves issues relevant to property damage or personal injuries, through which plaintiffs cannot cope with the ecological damage caused by marine invasive species. Several defects exist within the current legal regimes, such as imperfect management systems, insufficient unified technical standards, and unsound legal responsibility systems. It is necessary to pass legislation to prevent the ecological damage caused by marine invasive species. This investigation probes the fundamental principles needed for the administration and legislation of an improved legal framework to combat the problem of invasive species within China's coastal waters. Copyright © 2014 Elsevier Ltd. All rights reserved.

Scientific-practical and legal problems of implementation of the personalized medicine.

PubMed

Bezdieniezhnykh, N O; Reznikova, V V; Rossylna, O V

2017-09-01

The article is devoted to the comprehensive analysis of scientific, practical and legal issues of personalized medicine that is a rapidly developing science-driven approach to healthcare. It is concluded that there is lack of general legal framework for the encouragement of scientific researches and practical implementation in this field. The article shows foreign experience and prospects for the introduction of personalized medicine as a key concept of healthcare system, which is based on a selection of diagnostic, therapeutic and preventive measures that would be the most effective for a particular person in view of individual characteristics. The conclusions and proposals to improve the current legislation and development of personalized medicine in Ukraine are suggested.

Ethics, law, and commercial surrogacy: a call for uniformity.

PubMed

Drabiak, Katherine; Wegner, Carole; Fredland, Valita; Helft, Paul R

2007-01-01

In the United States at this time, no uniform federal law exists regarding commercial surrogacy, and state statutory schemes vary vastly, ranging from criminalization to legal recognition with contract enforcement. The authors examine how commercial surrogacy agencies utilize the Internet as a means for attracting parents and surrogates by employing emotional cultural rhetoric. By inducing both parents and surrogates to their jurisdiction, agencies circumvent vast discrepancies in state statutory regulative schemes and create a distinct interstate business, absent an efficient regulatory framework or legal recourse in some circumstances. The authors propose a uniform federal regulatory scheme premised upon regulating interstate business transactions to create accountability and legal remedies for both the parents and the surrogate.

Developing Law Students' Communicative-Linguistic Competence: Analysis of Eight Spanish Legal Textbooks from a Sociopragmatic Perspective

ERIC Educational Resources Information Center

Ramos, Joseba Ezeiza

2015-01-01

This article presents a study carried out on eight Spanish legal textbooks in order to draw up an inventory of educational resources available to support the development of law students' communicative competence, taking into account the law degree curricula at Spanish universities (Ezeiza Ramos forthcoming a, forthcoming b). The analysis was…

Impact of a Counseling Ethics Course on Graduate Students' Learning and Development

ERIC Educational Resources Information Center

Lambie, Glenn W.; Ieva, Kara P.

2012-01-01

Data from graduate counseling students (N = 28) enrolled in an ethical and legal issues in professional school counseling course at a research university were used to investigate the impact of the course on students' levels of ethical and legal knowledge (Lambie, Hagedorn, & Ieva, 2010) and ego development (Loevinger, 1976, 1998). Students'…

Doctoral Studies in Romania: Admission Procedures, Social, and Legal Aspects of Doctoral Training

ERIC Educational Resources Information Center

Miclea, Mircea

2008-01-01

This contribution presents a concise and up-to-date report of doctoral studies in Romania, with a special emphasis on legal and social aspects. The author also argues that in order to be sustainable, the reform of doctoral studies should be substantiated by the differentiation of universities, reliable post-doctoral programmes, and a substantive…

Changes across Three Editions of "The Suicidal Patient: Clinical and Legal Standards of Care": Relevance to Counseling Centers

ERIC Educational Resources Information Center

Polychronis, Paul D.

2017-01-01

Treating suicidality is one of the most challenging situations managed by college and university counseling centers. The first edition of Bongar's (1991) "The Suicidal Patient: Clinical and Legal Standards of Care," a compendium of empirical knowledge and clinical research regarding standard of care in the treatment of suicidality, was…

Law Schools and Public Legal Education: The Community Law Programme at Windsor.

ERIC Educational Resources Information Center

MacDonald, R. A.

1979-01-01

Described is a public legal education program at the University of Windsor (Canada) that aims to educate the layperson in Canadian law and procedure. Objectives, program elements, and ancillary activities are outlined briefly. Available from The Carswell Co., Ltd., 2330 Midland Ave., Agincourt, Ontario M1S 1P7 Canada. (MSE)

Legal History Meets the Honors Program

ERIC Educational Resources Information Center

Bennett, Robert B., Jr.

2009-01-01

In this article, the author discusses the "Law and Culture" course that he developed to teach in the Butler University Honors Program. The course looks at some landmark periods or events in legal history and explores how those events were the product of their culture, and how they affected their culture. Among the events or periods that the author…

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

ERIC Educational Resources Information Center

Beach, John A.

1974-01-01

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

Plato vs Socrates: The Devolving Relationship between Higher Education Institutions and their Students

ERIC Educational Resources Information Center

Hoye, William P.; Palfreyman, David

2004-01-01

In this article, the authors examine student legal claims against colleges and universities in the US and in the UK under contract, tort and public law principles, focusing particularly on the evolving legal relationship between higher education institutions and their students. The authors' goal is to provide the reader with a comparative analysis…

Forgotten, excluded or included? Students with disabilities: A case study at the University of Mauritius.

PubMed

Pudaruth, Sameerchand; Gunputh, Rajendra P; Singh, Upasana G

2017-01-01

Students with disabilities in the tertiary education sector are more than a just a phenomenon, they are a reality. In general, little attention is devoted to their needs despite the fact that they need more care and attention. This paper, through a case study at the University of Mauritius, sought to answer some pertinent questions regarding students with disabilities. Does the University of Mauritius have sufficient facilities to support these students? Are students aware of existing facilities? What additional structures need to be put in place so that students with any form of disability are neither victimised, nor their education undermined? Are there any local laws about students with disabilities in higher education? To answer these questions and others, an online questionnaire was sent to 500 students and the responses were then analysed and discussed. The response rate was 24.4% which showed that students were not reticent to participate in this study. Our survey revealed that most students were not aware of existing facilities and were often neglected in terms of supporting structures and resources. ICT facilities were found to be the best support that is provided at the University of Mauritius. The right legal framework for tertiary education was also missing. Ideally, students with disabilities should have access to special facilities to facilitate their learning experiences at tertiary institutions. Awareness about existing facilities must also be raised in order to offer equal opportunities to them and to enable a seamless inclusion.

The Newcomb Precedent: College Closure and the Interpretation of Donor Intent in New Orleans, Louisiana

ERIC Educational Resources Information Center

Wallace, Whitney R.; Platt, R. Eric; Blankenship, Ann; Mandishona, Tanyaradzwa

2016-01-01

This case study reviews the financial dispute and legal battle between the heirs of Josephine Newcomb and Tulane University. Following Hurricane Katrina (2005), Tulane's Board of Directors announced Newcomb College's closure to stabilize university finances. In response, Newcomb's heirs filed suit against the university. In 2009, the Louisiana…

Medieval Universities, Legal Institutions, and the Commercial Revolution. NBER Working Paper No. 17979

ERIC Educational Resources Information Center

Cantoni, Davide; Yuchtman, Noam

2012-01-01

We present new data documenting medieval Europe's "Commercial Revolution'' using information on the establishment of markets in Germany. We use these data to test whether medieval universities played a causal role in expanding economic activity, examining the foundation of Germany's first universities after 1386 following the Papal Schism. We…

University as Foundations: The New Model of Lower Saxony.

ERIC Educational Resources Information Center

Palandt, Klaus

2003-01-01

In Lower Saxony, the legal status of universities as foundations under public law is offered because increased autonomy is a core condition for effective and economical management of resources and can attract increased private and public funding and improve corporate identity. A university senate can apply to receive this status. The university…

Japan's Higher Education Incorporation Policy: A Comparative Analysis of Three Stages of National University Governance

ERIC Educational Resources Information Center

Hanada, Shingo

2013-01-01

A number of countries with public higher education systems have implemented privatisation policies. In Japan, the national government introduced the National University Corporation Act (NUCA) in 2004 and changed the legal status of national universities from that of government-owned public institutions to independent administrative agencies. Its…

Building Bridges: A Critical Analysis of University-Industry Collaboration to Improve Diverse Access to Elite Professions

ERIC Educational Resources Information Center

Dickinson, Jill; Griffiths, Teri-Lisa

2017-01-01

This article explores how universities and industry can work together to improve access to graduate opportunities for disadvantaged students. Focusing on an initiative which involved students from a "post-1992" UK university experiencing London's legal sector, the article analyses the factors that contributed to the students' perceptions…

Facilitators and Barriers to Implementing Clinical Governance: A Qualitative Study among Senior Managers in Iran.

PubMed

Ravaghi, Hamid; Rafiei, Sima; Heidarpour, Peigham; Mohseni, Maryam

2014-09-01

Health care systems should assign quality improvement as their main mission. Clinical governance (CG) is a key strategy to improve quality of health care services. The Iranian Ministry of Health and Medical Education (MOHME) has promoted CG as a framework for safeguarding quality and safety in all hospitals since 2009. The purpose of this study was to explore perceived facilitators and barriers to implementing CG by deputies for curative affairs of Iranian medical universities. A qualitative study was conducted using face to face interviews with a purposeful sample of 43 deputies for curative affairs of Iranian Medical Universities and documents review. Thematic analysis was used to analyze the data. Five themes were explored including: knowledge and attitude toward CG, culture, organizational factors, managerial factors and barriers. The main perceived facilitating factors were adequate knowledge and positive attitude toward CG, supporting culture, managers' commitment, effective communication and well designed incentives. Pe rceived barriers were the reverse of facilitators noted above in addition to insufficient resources, legal challenges, workload and parallel quality programs. Successful implementation of CG in Iran will require identifying barriers and challenges existing in the way of CG implementation and try to mitigate them by using appropriate facilitators.

The Development And Implementation Of A Concept To Permanent Reduction Of Noise Pollution In Production Taking Into Account The Legal And Economic Framework Conditions

NASA Astrophysics Data System (ADS)

Zaušková, Lucia; Czán, Andrej; Babík, Ondrej; Piešová, Marianna

2015-12-01

Article deals with the issue of reducing noise impact in real conditions of industrial production. The solution includes measurements and calculations of noise level the person is exposed to and developing proposals for effective reduction of noise levels at the specific workplace. When assessing noise levels and design to reduce it to an acceptable level we will consider the legal, safety and economic conditions.

A Heated Debate: Theoretical Perspectives of Sexual Exploitation and Sex Work

PubMed Central

Gerassi, Lara

2015-01-01

The theoretical and often political framework of sexual exploitation and sex work among women is widely and enthusiastically debated among academic and legal scholars alike. The majority of theoretical literature in this area focuses on the macro perspective, while the micro-level perspective as to theory and causation remains sparse. This article provides a comprehensive overview of the philosophical, legal, and political perspectives pertaining to sexual exploitation of women and girls while addressing the subsequent controversies in the field. PMID:26834302

An integrated strategy for aircraft/airport noise abatement: A legal-institutional control act section 7 to the noise control act of 1972 and proposals based thereon

NASA Technical Reports Server (NTRS)

Mayo, L. H.

1975-01-01

The development of the aircraft noise control structure since the Griggs case of 1962 was examined. The Noise Control Act of 1972 is described which undertook to establish the legal-institutional framework within which an adequate aircraft/airport noise abatement program might be initiated with concern for full recognition of all the beneficial and detrimental consequences of air transportation and appropriate distribution of benefits and costs.

Euthanasia: the role of the psychiatrist.

PubMed

Naudts, Kris; Ducatelle, Caroline; Kovacs, Jozsef; Laurens, Kristin; van den Eynde, Frederique; van Heeringen, Cornelis

2006-05-01

Belgium has become one of the few countries in the world where euthanasia is legally allowed within a specific juridical framework. Even more unique is the inclusion of grounds for requesting euthanasia on the basis of mental suffering. Further refinement of the legal, medical and psychiatric approach to the issue is required in order to clear up essential practical and ethical matters. Psychiatrists and their professional organisations need to play a greater role in this ongoing debate and contribute from a clinical, scientific and ethical point of view.

ITS and locational privacy : suggestions for peaceful coexistence.

DOT National Transportation Integrated Search

2011-10-01

Continuing developments in the fields of transportation technology and privacy law present an abundance of : opportunities for conflict. Without knowledge of the legal framework that applies to emerging technology, : Intelligent Transportation System...

Protection for Children Born Through Assisted Reproductive Technologies Act, B.E. 2558: The Changing Profile of Surrogacy in Thailand

PubMed Central

Stasi, Alessandro

2017-01-01

The National Legislative Assembly of Thailand has enacted on February 19, 2015 the Protection for Children Born through Assisted Reproductive Technologies Act (ART Act). Its primary objective aims at protecting children born through assisted reproductive technologies and providing the legal procedures that the intended parents must follow. The focus of this article is to discuss the ongoing issues involving assisted reproduction in Thailand. After reviewing the past legal framework surrounding surrogate motherhood and the downsides of the assisted reproductive technology market in Thailand, the article will discuss the new ART Act and its regulatory framework. It will conclude that although the new law contains some flaws and limitations, it has so far been successful in tackling surrogacy trafficking and preventing reproductive scandals from occurring again. PMID:29386954

Protection for Children Born Through Assisted Reproductive Technologies Act, B.E. 2558: The Changing Profile of Surrogacy in Thailand.

PubMed

Stasi, Alessandro

2017-01-01

The National Legislative Assembly of Thailand has enacted on February 19, 2015 the Protection for Children Born through Assisted Reproductive Technologies Act (ART Act). Its primary objective aims at protecting children born through assisted reproductive technologies and providing the legal procedures that the intended parents must follow. The focus of this article is to discuss the ongoing issues involving assisted reproduction in Thailand. After reviewing the past legal framework surrounding surrogate motherhood and the downsides of the assisted reproductive technology market in Thailand, the article will discuss the new ART Act and its regulatory framework. It will conclude that although the new law contains some flaws and limitations, it has so far been successful in tackling surrogacy trafficking and preventing reproductive scandals from occurring again.

The WHO Tobacco Convention: A New Dawn in the Implementation of International Health Instrument? Comment on "The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?"

PubMed

Durojaye, Ebenezer

2017-07-05

The Tobacco Convention was adopted by the World Health Organization (WHO) in 2003. Nikogosian and Kickbusch examine the five potential impacts of the Tobacco Convention and its Protocol on public health. These include the adoption of the Convention would seem to unlock the treaty-making powers of WHO; the impact of the Convention in the global health architecture has been phenomenal globally; the Convention has facilitated the adoption of further instruments to strengthen its implementation at the national level; the Convention has led to the adoption of appropriate legal framework to combat the use of tobacco at the national level and that the impact of the Convention would seem to go beyond public health but has also led to the adoption of the Protocol to Eliminate Illicit Trade in Tobacco. However, the article by Nikogosian and Kickbusch would seem to overlook some of the challenges that may militate against the effective implementation of international law, including the Tobacco Convention, at the national level. © 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.

Autism in the U.S.: social movement and legal change.

PubMed

Caruso, Daniela

2010-01-01

The social movement surrounding autism in the U.S. has been rightly defined a ray of light in the history of social progress. The movement is inspired by a true understanding of neuro-diversity and is capable of bringing about desirable change in political discourse. At several points along the way, however, the legal reforms prompted by the autism movement have been grafted onto preexisting patterns of inequality in the allocation of welfare, education, and medical services. In a context most recently complicated by economic recession, autism-driven change bears the mark of political and legal fragmentation. Distributively, it yields ambivalent results that have not yet received systemic attention. This article aims to fill this analytical vacuum by offering, first, a synoptic view of the several legal transformations brought about or advocated for by the autism movement and, second, a framework for investigating their distributive consequences.

The interim regulated legal market for NPS ('legal high') products in New Zealand: The impact of new retail restrictions and product licensing.

PubMed

Wilkins, Chris

2014-01-01

New Zealand has recently established the world's first regulated legal market for new psychoactive products (NPS) (i.e. 'legal highs'). While the new regime is currently in a transitional phase, a range of retail restrictions and an interim licensing regime for NPS products and operators has been introduced. A product safety assessment framework has been developed to determine if a product should receive an interim licence. As a result of the licensing requirements, the number of NPS retail outlets fell from 3000- 4000 largely convenience stores to 156 specialty stores, and the number of legally available NPS products fell from 200 to fewer than 46. Some of the licensed products contain potent cannabinoid compounds. The licensing system provided, for the first time, information on all the products and operators involved in the sector, and this will assist future monitoring. The effectiveness of the new product safety assessment framework will depend on the quality of the data available on adverse cases. This is a challenge as self-reported information from users is often unreliable, and some emergency department cases do not have all the information required to make an accurate assessment. These data limitations indicate the need for retrospective studies of NPS adverse cases and additional test data. While the new legislation initially reduced the number of NPS retailers by prohibiting convenience outlets, new specialized NPS retail outlets may emerge as the new sector expands. Empirical research is required to measure the impact of the reduction in retail outlets and products on NPS availability. Copyright © 2014 John Wiley & Sons, Ltd.

Non-communicable diseases and global health governance: enhancing global processes to improve health development

PubMed Central

Magnusson, Roger S

2007-01-01

This paper assesses progress in the development of a global framework for responding to non-communicable diseases, as reflected in the policies and initiatives of the World Health Organization (WHO), World Bank and the UN: the institutions most capable of shaping a coherent global policy. Responding to the global burden of chronic disease requires a strategic assessment of the global processes that are likely to be most effective in generating commitment to policy change at country level, and in influencing industry behaviour. WHO has adopted a legal process with tobacco (the WHO Framework Convention on Tobacco Control), but a non-legal, advocacy-based approach with diet and physical activity (the Global Strategy on Diet, Physical Activity and Health). The paper assesses the merits of the Millennium Development Goals (MDGs) and the FCTC as distinct global processes for advancing health development, before considering what lessons might be learned for enhancing the implementation of the Global Strategy on Diet. While global partnerships, economic incentives, and international legal instruments could each contribute to a more effective global response to chronic diseases, the paper makes a special case for the development of international legal standards in select areas of diet and nutrition, as a strategy for ensuring that the health of future generations does not become dependent on corporate charity and voluntary commitments. A broader frame of reference for lifestyle-related chronic diseases is needed: one that draws together WHO's work in tobacco, nutrition and physical activity, and that envisages selective use of international legal obligations, non-binding recommendations, advocacy and policy advice as tools of choice for promoting different elements of the strategy. PMID:17519005

Non-communicable diseases and global health governance: enhancing global processes to improve health development.

PubMed

Magnusson, Roger S

2007-05-22

This paper assesses progress in the development of a global framework for responding to non-communicable diseases, as reflected in the policies and initiatives of the World Health Organization (WHO), World Bank and the UN: the institutions most capable of shaping a coherent global policy. Responding to the global burden of chronic disease requires a strategic assessment of the global processes that are likely to be most effective in generating commitment to policy change at country level, and in influencing industry behaviour. WHO has adopted a legal process with tobacco (the WHO Framework Convention on Tobacco Control), but a non-legal, advocacy-based approach with diet and physical activity (the Global Strategy on Diet, Physical Activity and Health). The paper assesses the merits of the Millennium Development Goals (MDGs) and the FCTC as distinct global processes for advancing health development, before considering what lessons might be learned for enhancing the implementation of the Global Strategy on Diet. While global partnerships, economic incentives, and international legal instruments could each contribute to a more effective global response to chronic diseases, the paper makes a special case for the development of international legal standards in select areas of diet and nutrition, as a strategy for ensuring that the health of future generations does not become dependent on corporate charity and voluntary commitments. A broader frame of reference for lifestyle-related chronic diseases is needed: one that draws together WHO's work in tobacco, nutrition and physical activity, and that envisages selective use of international legal obligations, non-binding recommendations, advocacy and policy advice as tools of choice for promoting different elements of the strategy.

Modular framework to assess the risk of African swine fever virus entry into the European Union

PubMed Central

2014-01-01

Background The recent occurrence and spread of African swine fever (ASF) in Eastern Europe is perceived as a serious risk for the pig industry in the European Union (EU). In order to estimate the potential risk of ASF virus (ASFV) entering the EU, several pathways of introduction were previously assessed separately. The present work aimed to integrate five of these assessments (legal imports of pigs, legal imports of products, illegal imports of products, fomites associated with transport and wild boar movements) into a modular tool that facilitates the visualization and comprehension of the relative risk of ASFV introduction into the EU by each analyzed pathway. Results The framework’s results indicate that 48% of EU countries are at relatively high risk (risk score 4 or 5 out of 5) for ASFV entry for at least one analyzed pathway. Four of these countries obtained the maximum risk score for one pathway: Bulgaria for legally imported products during the high risk period (HRP); Finland for wild boar; Slovenia and Sweden for legally imported pigs during the HRP. Distribution of risk considerably differed from one pathway to another; for some pathways, the risk was concentrated in a few countries (e.g., transport fomites), whereas other pathways incurred a high risk for 4 or 5 countries (legal pigs, illegal imports and wild boar). Conclusions The modular framework, developed to estimate the risk of ASFV entry into the EU, is available in a public domain, and is a transparent, easy-to-interpret tool that can be updated and adapted if required. The model’s results determine the EU countries at higher risk for each ASFV introduction route, and provide a useful basis to develop a global coordinated program to improve ASFV prevention in the EU. PMID:24992824

Fact Book 1992: University of Alaska Fairbanks.

ERIC Educational Resources Information Center

Gaylord, Thomas; And Others

This publication presents information on the University of Alaska Fairbanks in seven sections. The first section, "Historical and General Information" details the legal establishment, mission, historical highlights, map, organizational structure, accreditation, Board of Regents, Standing Committees and advisory groups, songs, presidents…

[Fatal course of neonatal citrobacter infection and its legal evaluation].

PubMed

Kokrdová, Z; Janouch, J

2011-02-01

The article describes fatal course of citrobacter central nervous system infection in the neonates and the subsequent legal responsibility of the medical facility. Case report with the review of a lawyer specialized in medical law. Department of Obstetrics and Gynecology, Faculty of Health Studies, University of Pardubice, Pardubice, Faculty of Military Health Science, University of Defence, Hradec Králové. The court granted plaintiff's claim has been fully paid by the insurance company, since it did not show the fault of the medical facility. Health injury was caused by operational activities and the right to compensation is in accordance with Section 420a of the Civil Code.

The emerging international regulatory framework for biotechnology.

PubMed

Komen, John

2012-01-01

Debate about the potential risks of genetically modified organisms (GMOs) to the environment or human health spurred attention to biosafety. Biosafety is associated with the safe use of GMOs and, more generally, with the introduction of non-indigenous species into natural or managed ecosystems. Biosafety regulation--the policies and procedures adopted to ensure the environmentally safe application of modern biotechnology--has been extensively discussed at various national and international forums. Much of the discussion has focused on developing guidelines, appropriate legal frameworks and, at the international level, a legally binding international biosafety protocol--the Cartagena Protocol on Biosafety. The Protocol is one among various international instruments and treaties that regulate specific aspects relevant to agricultural biotechnology. The present article presents the main international instruments relevant to biosafety regulation, and their key provisions. While international agreements and standards provide important guidance, they leave significant room for interpretation, and flexibility for countries implementing them. Implementation of biosafety at the national level has proven to be a major challenge, particularly in developing countries, and consequently the actual functioning of the international regulatory framework for biotechnology is still in a state of flux.

Ethical, legal, and social issues in the translation of genomics into health care.

PubMed

Badzek, Laurie; Henaghan, Mark; Turner, Martha; Monsen, Rita

2013-03-01

The rapid continuous feed of new information from scientific discoveries related to the human genome makes translation and incorporation of information into the clinical setting difficult and creates ethical, legal, and social challenges for providers. This article overviews some of the legal and ethical foundations that guide our response to current complex issues in health care associated with the impact of scientific discoveries related to the human genome. Overlapping ethical, legal, and social implications impact nurses and other healthcare professionals as they seek to identify and translate into practice important information related to new genomic scientific knowledge. Ethical and legal foundations such as professional codes, human dignity, and human rights provide the framework for understanding highly complex genomic issues. Ethical, legal, and social concerns of the health provider in the translation of genomic knowledge into practice including minimizing harms, maximizing benefits, transparency, confidentiality, and informed consent are described. Additionally, nursing professional competencies related to ethical, legal, and social issues in the translation of genomics into health care are discussed. Ethical, legal, and social considerations in new genomic discovery necessitate that healthcare professionals have knowledge and competence to respond to complex genomic issues and provide appropriate information and care to patients, families, and communities. Understanding the ethical, legal, and social issues in the translation of genomic information into practice is essential to provide patients, families, and communities with competent, safe, effective health care. © 2013 Sigma Theta Tau International.

Signature Pedagogies and Legal Education in Universities: Epistemological and Pedagogical Concerns with Langdellian Case Method

ERIC Educational Resources Information Center

Hyland, Aine; Kilcommins, Shane

2009-01-01

This paper offers an analysis of Lee S. Shulman's concept of "signature pedagogies" as it relates to legal education. In law, the signature pedagogy identified by Shulman is the Langdellian case method. Though the concept of signature pedagogies provides an excellent infrastructure for the exchange of teaching ideas, Shulman has a tendency to…

THE "FREE SPEECH" CRISES AT BERKELEY, 1964-1965--SOME ISSUES FOR SOCIAL AND LEGAL RESEARCH.

ERIC Educational Resources Information Center

LUNSFORD, TERRY F.

AN EXAMINATION WAS MADE OF THE ISSUES AND EVENTS OF THE "FREE SPEECH" CRISES ON THE BERKELEY CAMPUS OF THE UNIVERSITY OF CALIFORNIA IN AN ATTEMPT TO PROVIDE THE BASIS FOR MORE SYSTEMATIC AND DISPASSIONATE STUDY OF CERTAIN ISSUES BEHIND THE STUDENT PROTESTS, AND TO STIMULATE SOCIAL AND LEGAL RESEARCH ON THESE ISSUES. FOLLOWING AN…

The Legal Side of Campus Threat Assessment and Management: What Student Counselors Need to Know

ERIC Educational Resources Information Center

Nolan, Jeffrey J.; Moncure, Thomas M., Jr.

2012-01-01

This article identifies what student mental health professionals need to know about legal issues of relevance to threat assessment and management. The article summarizes the common law duties and the common law and statutory standards of care that are likely to apply to the work of college and university threat assessment and management teams. The…

Making Room at the Inn: Implications of "Christian Legal Society v. Martinez" for Public College and University Housing Professionals

ERIC Educational Resources Information Center

Waggoner, Michael D.; Russo, Charles J.

2014-01-01

The supreme court's ruling in "Christian Legal Society v. Martinez", its most important case to date on student associational activities, upheld a policy at a public law school in California that required recognized student organizations (or clubs) to admit "all-comers" even if they disagreed with organizational goals and…

Legal Client Counseling for Sharia Law Students: An Innovative Approach toward Increasing Professionalism in Sharia Counseling

ERIC Educational Resources Information Center

Samuri, Mohd Al-Adib; Wahab, Norazla Abdul; Kusrin, Zuliza Mohd; Muda, Mohd Zamro; Manap, Norhoneydayatie Abdul

2013-01-01

One of the issues that often circulates among newly recruited Sharia lawyers is the lack of the required capability or aptitude to be a Sharia counsel, especially when conducting legal counseling with clients. The Department of Sharia law, Faculty of Islamic Studies, Universiti Kebangsaan Malaysia (UKM), must play an important role in preparing…

Establishing a public-private partnership program : a primer.

DOT National Transportation Integrated Search

2012-11-01

Establishing a Public-Private Partnership (P3) program within a public agency involves issues from enabling legislation through identification, evaluation, negotiation and management of P3 projects. Public agencies will need: A legal framework to...

Some Aspects of the Implementation of the Principle of Transparency in Russian Universities: Research, Experience, Perspectives

ERIC Educational Resources Information Center

Egorov, Evgeny Evgenievich; Lebedev?, Tatiana Evgenievna; Bulganina, Svetlana Viktorovna; Vasilyeva, Lyudmila Ivanovna

2015-01-01

The aim of this study is to identify achieved successes, existing gaps and possible prospects of implementing the principle of transparency by Russian universities. It was focused upon the information transparency of educational activities from the perspective of legal requirements and interests of applicants and university students. The analysis…

Protecting the Confidentiality of Faculty Peer Review Records: Department of Labor v. The University of California.

ERIC Educational Resources Information Center

Smith, Michael

1981-01-01

One university presently has an accord with the Department of Labor that helps greatly in satisfying confidentiality needs. However, each university is still forced to undergo litigation independently for treatment of its records. In the meantime, the peer review system may be eroding until underlying legal issues are settled. (MSE)

The Terri Schiavo case: legal, ethical, and medical perspectives.

PubMed

Perry, Joshua E; Churchill, Larry R; Kirshner, Howard S

2005-11-15

Although tragic, the plight of Terri Schiavo provides a valuable case study. The conflicts and misunderstandings surrounding her situation offer important lessons in medicine, law, and ethics. Despite media saturation and intense public interest, widespread confusion lingers regarding the diagnosis of persistent vegetative state, the judicial processes involved, and the appropriateness of the ethical framework used by those entrusted with Terri Schiavo's care. First, the authors review the current medical understanding of persistent vegetative state, including the requirements for patient examination, the differential diagnosis, and the practice guidelines of the American Academy of Neurology regarding artificial nutrition and hydration for patients with this diagnosis. Second, they examine the legal history, including the 2000 trial, the 2002 evidentiary hearing, and the subsequent appeals. The authors argue that the law did not fail Terri Schiavo, but produced the highest-quality evidence and provided the most judicial review of any end-of-life guardianship case in U.S. history. Third, they review alternative ethical frameworks for understanding the Terri Schiavo case and contend that the principle of respect for autonomy is paramount in this case and in similar cases. Far from being unusual, the manner in which Terri Schiavo's case was reviewed and the basis for the decision reflect a broad medical, legal, and ethical consensus. Greater clarity regarding the persistent vegetative state, less apprehension of the presumed mysteries of legal proceedings, and greater appreciation of the ethical principles at work are the chief benefits obtained from studying this provocative case.

Impact of legal regulations and administrative policies on persons with SCI: identifying potential research priorities through expert interviews.

PubMed

Trezzini, Bruno; Phillips, Barbara

2014-01-01

To identify research gaps and potential research priorities regarding the impact that legal regulations and administrative policies might have on people with spinal cord injury (SCI) living in Switzerland. We conducted semi-structured interviews with 14 healthcare professionals working for or being associated with the largest SCI clinic in Switzerland. The transcribed interviews were content analyzed, involving qualitative description, and thematic analysis techniques. Four interrelated clusters of issues were corroborated: (1) social insurance, (2) caregiving, (3) work integration, and (4) aging. In addition, two overarching themes were identified: (1) fairness considerations and (2) unavailability of systematic empirical evidence. Work capacity assessment and family caregiving were deemed to be the most pressing research priority areas. Legal frameworks do play both a direct and an indirect role in the lives of people with SCI in Switzerland. This is particularly true with regard to various issues related to the social insurance system, such as family caregiving and work capacity assessment. The salience of these topics is closely related to major sociodemographic and political driving forces, i.e. aging and social insurance reforms. Research directly involving people with SCI is needed to further substantiate and refine the findings of this study. When dealing with issues related to work reintegration, aging, social insurance, and caregiving, rehabilitation professionals should take existing legal frameworks into account. Eligibility criteria for disability benefits may influence the therapy motivation of rehabilitation clients.

GEMSS: privacy and security for a medical Grid.

PubMed

Middleton, S E; Herveg, J A M; Crazzolara, F; Marvin, D; Poullet, Y

2005-01-01

The GEMSS project is developing a secure Grid infrastructure through which six medical simulations services can be invoked. We examine the legal and security framework within which GEMSS operates. We provide a legal qualification to the operations performed upon patient data, in view of EU directive 95/46, when using medical applications on the GEMSS Grid. We identify appropriate measures to ensure security and describe the legal rationale behind our choice of security technology. Our legal analysis demonstrates there must be an identified controller (typically a hospital) of patient data. The controller must then choose a processor (in this context a Grid service provider) that provides sufficient guarantees with respect to the security of their technical and organizational data processing procedures. These guarantees must ensure a level of security appropriate to the risks, with due regard to the state of the art and the cost of their implementation. Our security solutions are based on a public key infrastructure (PKI), transport level security and end-to-end security mechanisms in line with the web service (WS Security, WS Trust and SecureConversation) security specifications. The GEMSS infrastructure ensures a degree of protection of patient data that is appropriate for the health care sector, and is in line with the European directives. We hope that GEMSS will become synonymous with high security data processing, providing a framework by which GEMSS service providers can provide the security guarantees required by hospitals with regard to the processing of patient data.

Disaster risk profile and existing legal framework of Nepal: floods and landslides

PubMed Central

Gaire, Surya; Castro Delgado, Rafael; Arcos González, Pedro

2015-01-01

Nepal has a complicated geophysical structure that is prone to various kinds of disasters. Nepal ranks the most disaster-prone country in the world and has experienced several natural calamities, causing high property and life losses. Disasters are caused by natural processes, but may be increased by human activities. The overall objective of this paper is to analyze the disaster risk profile and existing legal framework of Nepal. The paper is based on secondary data sources. Major causative factors for floods and landslides are heavy and continuous rainfall, outburst floods, infrastructure failure, and deforestation. Historical data of natural disasters in Nepal show that water-induced disasters have killed hundreds of people and affected thousands every year. Likewise, properties worth millions of US dollars have been damaged. There is an increasing trend toward landslides and floods, which will likely continue to rise if proper intervention is not taken. A positive correlation between water-induced disasters and deaths has been observed. Nepal has a poor Index for Risk Management (INFORM). There are fluctuations in the recording of death data caused by flood and landslides. The Government of Nepal focuses more on the response phase than on the preparedness phase of disasters. The existing disaster management act seems to be weak and outdated. There is a gap in current legal procedure, so the country is in dire need of a comprehensive legal framework. The new proposed act seems to take a much broader approach to disaster management. With a long-term vision of managing disaster risk in the country, the Government of Nepal has begun the Nepal Risk Reduction Consortium (NRRC) in collaboration with development and humanitarian partners. In order to improve the vulnerability of Nepal, an early warning system, mainstreaming disasters with development, research activities, community participation and awareness, and a rainfall monitoring system must all be a focus. PMID:26366106

Disaster risk profile and existing legal framework of Nepal: floods and landslides.

PubMed

Gaire, Surya; Castro Delgado, Rafael; Arcos González, Pedro

2015-01-01

Nepal has a complicated geophysical structure that is prone to various kinds of disasters. Nepal ranks the most disaster-prone country in the world and has experienced several natural calamities, causing high property and life losses. Disasters are caused by natural processes, but may be increased by human activities. The overall objective of this paper is to analyze the disaster risk profile and existing legal framework of Nepal. The paper is based on secondary data sources. Major causative factors for floods and landslides are heavy and continuous rainfall, outburst floods, infrastructure failure, and deforestation. Historical data of natural disasters in Nepal show that water-induced disasters have killed hundreds of people and affected thousands every year. Likewise, properties worth millions of US dollars have been damaged. There is an increasing trend toward landslides and floods, which will likely continue to rise if proper intervention is not taken. A positive correlation between water-induced disasters and deaths has been observed. Nepal has a poor Index for Risk Management (INFORM). There are fluctuations in the recording of death data caused by flood and landslides. The Government of Nepal focuses more on the response phase than on the preparedness phase of disasters. The existing disaster management act seems to be weak and outdated. There is a gap in current legal procedure, so the country is in dire need of a comprehensive legal framework. The new proposed act seems to take a much broader approach to disaster management. With a long-term vision of managing disaster risk in the country, the Government of Nepal has begun the Nepal Risk Reduction Consortium (NRRC) in collaboration with development and humanitarian partners. In order to improve the vulnerability of Nepal, an early warning system, mainstreaming disasters with development, research activities, community participation and awareness, and a rainfall monitoring system must all be a focus.

Debate: Limitations on universality: the "right to health" and the necessity of legal nationality

PubMed Central

2010-01-01

Background The "right to health," including access to basic healthcare, has been recognized as a universal human right through a number of international agreements. Attempts to protect this ideal, however, have relied on states as the guarantor of rights and have subsequently ignored stateless individuals, or those lacking legal nationality in any nation-state. While a legal nationality alone is not sufficient to guarantee that a right to healthcare is accessible, an absence of any legal nationality is almost certainly an obstacle in most cases. There are millions of so-called stateless individuals around the globe who are, in effect, denied medical citizenship in their countries of residence. A central motivating factor for this essay is the fact that statelessness as a concept is largely absent from the medical literature. The goal for this discussion, therefore, is primarily to illustrate the need for further monitoring of health access issues by the medical community, and for a great deal more research into the effects of statelessness upon access to healthcare. This is important both as a theoretical issue, in light of the recognition by many of healthcare as a universal right, as well as an empirical fact that requires further exploration and amelioration. Discussion Most discussions of the human right to health assume that every human being has legal nationality, but in reality there are at least 11 to 12 million stateless individuals worldwide who are often unable to access basic healthcare. The examples of the Roma in Europe, the hill tribes of Thailand, and many Palestinians in Israel highlight the negative health impacts associated with statelessness. Summary Stateless individuals often face an inability to access the most basic healthcare, much less the "highest attainable standard of health" outlined by international agreements. Rather than presuming nationality, statelessness must be recognized by the medical community. Additionally, it is imperative that stateless populations be recognized, the health of these populations be tracked, and more research conducted to further elaborate upon the connection between statelessness and access to healthcare services, and hence a universal right to health. PMID:20525334

Contract Research, the University, and the Academic.

ERIC Educational Resources Information Center

Crawshaw, Bruce

1985-01-01

Implications of the growth of university-based contract research are examined, including moral and ethical issues, legal aspects, ownership of research results, staff rights, researcher status, publication, authority, responsibility, social justice, and conflicts between teaching and research. Eleven suggestions for successful contract research…

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.

Racialized legal status as a social determinant of health.

PubMed

Asad, Asad L; Clair, Matthew

2018-02-01

This article advances the concept of racialized legal status (RLS) as an overlooked dimension of social stratification with implications for racial/ethnic health disparities. We define RLS as a social position based on an ostensibly race-neutral legal classification that disproportionately impacts racial/ethnic minorities. To illustrate the implications of RLS for health and health disparities in the United States, we spotlight existing research on two cases: criminal status and immigration status. We offer a conceptual framework that outlines how RLS shapes disparities through (1) primary effects on those who hold a legal status and (2) spillover effects on racial/ethnic in-group members, regardless of these individuals' own legal status. Primary effects of RLS operate by marking an individual for material and symbolic exclusion. Spillover effects result from the vicarious experiences of those with social proximity to marked individuals, as well as the discredited meanings that RLS constructs around racial/ethnic group members. We conclude by suggesting multiple avenues for future research that considers RLS as a mechanism of social inequality with fundamental effects on health. Copyright © 2017 Elsevier Ltd. All rights reserved.

Legal issues regarding gene editing at the beginning of life: an EU perspective.

PubMed

De Miguel Beriain, Iñigo

2017-09-01

The development of clustered regularly interspaced short palindromic repeats (CRISPR)-Cas gene-modification technologies has opened impressive possibilities for the biomedical sciences. However, their application to human embryos and early fetuses has raised huge ethical and legal discussions because it affects the human germline. This paper provides a critical and in-depth analysis of the current legal framework on this topic in the EU context and at the national level in the member states. It also offers an alternative interpretation of the regulation, so as to help researchers, practitioners, policy makers and society as a whole to find efficient responses to challenges that cannot wait for a legally updated answer. As a final result, this paper will show that eugenic uses of CRISP-Cas and any kind of modification intended to alter the human germ line are generally banned in the EU context, while basic research on human embryos is mostly permitted. The legal status of therapeutic applications of CRISPR-Cas on early fetuses, however, has not been adequately addressed by the EU zone regulation.

Introduction: Social-Ecological Resilience and Law

EPA Science Inventory

Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, "resilience theory," which embraces uncertainty and n...

Determinants of favourable opinions about euthanasia in a sample of French physicians.

PubMed

Dany, Lionel; Baumstarck, Karine; Dudoit, Eric; Duffaud, Florence; Auquier, Pascal; Salas, Sébastien

2015-11-05

The question whether euthanasia should be legalised has led to substantial public debate in France. The objective of this study in a sample of French physicians was to establish the potential determinants of a favourable opinion about euthanasia in general and when faced with a specific situation as embodied in the Humbert affair. The study was a cross-sectional survey investigating two different samples of medical doctors: (1) those specialised in palliative care and affiliated to the French Society for Patient Accompaniment and Palliative Care; (2) medical interns (medical doctors in training course) in a French medical university (Marseille). A questionnaire was sent (email) to each voluntary participant including sociodemographics, professional status, mention of believing in God, and opinion about euthanasia (the question was designed to assess the general opinion about euthanasia and the opinion about a specific case, the Vincent Humbert' case (a man who was rendered quadriplegic, blind, and mute after an accident and has requested euthanasia). A total of 413 physicians participated in the research (participation rate: 48.5%). Less than half of the population were favourable to euthanasia in general and almost two-thirds of the population were favourable to Vincent Humbert's request for euthanasia. Based on the multivariate analysis, individuals believing in God and being a medical intern were significant independent factors linked to having a favourable opinion about euthanasia in general and about the Vincent Humbert's request. There is still no study in France on the development of opinion about euthanasia and its impact. The issue goes beyond the strictly professional sphere and involves broader socio-political stakes. These stakes do not necessarily take into account medical practices and experiences or the desires of end-of-life patients. The professional upheaval that the future French legal framework will doubtlessly trigger will require further research. The professional upheaval that the future French legal framework will doubtlessly trigger will require further research.

The unaccountability case of plastic pellet pollution.

PubMed

Karlsson, Therese M; Arneborg, Lars; Broström, Göran; Almroth, Bethanie Carney; Gipperth, Lena; Hassellöv, Martin

2018-04-01

Plastic preproduction pellets are found in environmental samples all over the world and their presence is often linked to spills during production and transportation. To better understand how these pellets end up in the environment we assessed the release of plastic pellets from a polyethylene production site in a case study area on the Swedish west coast. The case study encompasses; field measurements to evaluate the level of pollution and pathways, models and drifters to investigate the potential spread and a revision of the legal framework and the company permits. This case study show that millions of pellets are released from the production site annually but also that there are national and international legal frameworks that if implemented could help prevent these spills. Bearing in mind the negative effects observed by plastic pollution there is an urgent need to increase the responsibility and accountability of these spills. Copyright © 2018 The Author(s). Published by Elsevier Ltd.. All rights reserved.

Telemedicine: The legal framework (or the lack of it) in Europe

PubMed Central

Raposo, Vera Lúcia

2016-01-01

In the framework of European law telemedicine is, simultaneously, a health service and an information service, therefore, both regulations apply. In what concerns healthcare and the practice of medicine there are no uniform regulations at the European level. Concerning health services the most relevant achievement to regulate this domain is Directive 2011/24/EU. In what regards information and telecommunications we must have in consideration Directive 95/46/EU, Directive 2000/31/EC and Directive 2002/58/EC. However, many issues still lack uniform regulation, mainly the domain of medical liability and of medical leges artis. Probably such standardization will never take place, since the European Union does not have, until now, a common set of norms regarding tort and criminal liability, much less specific legal norms on medical liability. These gaps may jeopardize a truly European internal market in health services and hamper the development of telemedicine in the European zone. PMID:27579146

Telemedicine: The legal framework (or the lack of it) in Europe.

PubMed

Raposo, Vera Lúcia

2016-01-01

In the framework of European law telemedicine is, simultaneously, a health service and an information service, therefore, both regulations apply. In what concerns healthcare and the practice of medicine there are no uniform regulations at the European level. Concerning health services the most relevant achievement to regulate this domain is Directive 2011/24/EU. In what regards information and telecommunications we must have in consideration Directive 95/46/EU, Directive 2000/31/EC and Directive 2002/58/EC. However, many issues still lack uniform regulation, mainly the domain of medical liability and of medical leges artis. Probably such standardization will never take place, since the European Union does not have, until now, a common set of norms regarding tort and criminal liability, much less specific legal norms on medical liability. These gaps may jeopardize a truly European internal market in health services and hamper the development of telemedicine in the European zone.

UBIT Issues for Colleges and Universities.

ERIC Educational Resources Information Center

Roady, Celia

1997-01-01

College and university liability for unrelated business income tax (UBIT) is increasing as institutions embrace new income-producing possibilities, such as facility rentals, management contracts, affinity credit cards, exclusivity arrangements for sales on campus, and alumni travel programs. Common tax and legal issues related to these…

Risk Assessment Training Experience (RATE) – University of Iowa Superfund Research Center.

EPA Science Inventory

These modules will offer hands-on training in the primary areas of risk assessment (i.e., legal background, hazard identification, dose-response assessment, exposure assessment, and risk characterization) at the University of Iowa Superfund Research Program on October 2, 2017. An...

The Effect of the Lowered Age of Majority and Relaxed Dormitory Policies on Drug Usage by Dormitory Residents.

ERIC Educational Resources Information Center

Kuznik, Anthony

1975-01-01

In 1973, the state of Minnesota passed legislation lowering the legal age of adulthood from 21 to 18; this gave 18-year olds the opportunity to legally consume alcoholic beverages. At the same time, the University of Minnesota made policy changes which enabled dormitory residents to consume alcoholic beverages in their rooms. To ascertain the…

International Festival of Student Films as the Innovative Means of Legal Education and Multimedia Training of Future Lawyers

ERIC Educational Resources Information Center

Garmaev, Yury Petrovich; Chumakova, Lydia Petrovna

2016-01-01

The main purpose of the article is to ensure further modernization of the educational activities in law universities based on the use of multimedia technologies as well as development of tools for legal education through implementation of the project of international student film festivals. The methodology is based on the concept and methods of…

Transfer of Teaching Materials between Universities: Where Is the Boundary between Legitimate Transaction and Violation of Moral Intellectual Property Rights?

ERIC Educational Resources Information Center

Maiwald, Matthias; Harrington, Kathy

2012-01-01

Intellectual property rights have various facets. The best-known one is copyright, enabling the owner to legally utilise intellectual materials. However, there is a separate set of legal entitlements, termed moral intellectual property rights. The purpose of these is to prevent false attribution, damage to an author's reputation and some forms of…

Teaching and Technology Transfer as Alternative Revenue Streams: A Primer on the Potential Legal Implications for UK Universities

ERIC Educational Resources Information Center

Van Hoorebeek, Mark; Marson, James

2005-01-01

Purpose: The purpose of this paper is to assess the financial and intellectual issues facing the university sector as many institutions in the UK pursue alternative revenue streams. As a consequence to the increasing financial pressures, university departments are increasingly exposed to new forms of potential litigation and also face the risk to…

JPRS Report, China.

DTIC Science & Technology

1989-07-27

vice president of the China University of Politics and Law and supervisor of doctoral candidates in administrative law ; Sun Bingzhu [1327 3521...China. Invited to attend were Gong Xiangrui [78905 4382 3843], professor of politics and law at Beijing University; Cheng Guangzhong [7115 0342 0022...legal scholars; Chen Xiaoping [7115 1420 1627], deputy director of the constitutional law teaching and research section at the China University of

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.

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 Swedish duty hour enigma.

PubMed

Sundberg, Kristina; Frydén, Hanna; Kihlström, Lars; Nordquist, Jonas

2014-01-01

The Swedish resident duty hour limit is regulated by Swedish and European legal frameworks. With a maximum average of 40 working hours per week, the Swedish duty hour regulation is one of the most restrictive in the world. At the same time, the effects of resident duty hour limits have been neither debated nor researched in the Swedish context. As a result, little is known about the Swedish conceptual framework for resident duty hours, their restriction, or their outcomes: we call this "the Swedish duty hour enigma." This situation poses a further question: How do Swedish residents themselves construct a conceptual framework for duty hour restrictions? A case study was conducted at Karolinska University Hospital, Stockholm--an urban, research-intensive hospital setting. Semi-structured interviews were carried out with 34 residents currently in training in 6 specialties. The empirical data analysis relied on theoretical propositions and was conducted thematically using a pattern-matching technique. The interview guide was based on four main topics: the perceived effect of duty hour restrictions on (1) patient care, (2) resident education, (3) resident well-being, and (4) research. The residents did not perceive the volume of duty hours to be the main determinant of success or failure in the four contextual domains of patient care, resident education, resident well-being, and research. Instead, they emphasized resident well-being and a desire for flexibility. According to Swedish residents' conceptual framework on duty hours, the amount of time spent on duty is not a proxy for the quality of resident training. Instead, flexibility, organization, and scheduling of duty hours are considered to be the factors that have the greatest influence on resident well-being, quality of learning, and opportunities to attain the competence needed for independent practice.

The Swedish duty hour enigma

PubMed Central

2014-01-01

Background The Swedish resident duty hour limit is regulated by Swedish and European legal frameworks. With a maximum average of 40 working hours per week, the Swedish duty hour regulation is one of the most restrictive in the world. At the same time, the effects of resident duty hour limits have been neither debated nor researched in the Swedish context. As a result, little is known about the Swedish conceptual framework for resident duty hours, their restriction, or their outcomes: we call this “the Swedish duty hour enigma.” This situation poses a further question: How do Swedish residents themselves construct a conceptual framework for duty hour restrictions? Methods A case study was conducted at Karolinska University Hospital, Stockholm – an urban, research-intensive hospital setting. Semi-structured interviews were carried out with 34 residents currently in training in 6 specialties. The empirical data analysis relied on theoretical propositions and was conducted thematically using a pattern-matching technique. The interview guide was based on four main topics: the perceived effect of duty hour restrictions on (1) patient care, (2) resident education, (3) resident well-being, and (4) research. Results The residents did not perceive the volume of duty hours to be the main determinant of success or failure in the four contextual domains of patient care, resident education, resident well-being, and research. Instead, they emphasized resident well-being and a desire for flexibility. Conclusions According to Swedish residents’ conceptual framework on duty hours, the amount of time spent on duty is not a proxy for the quality of resident training. Instead, flexibility, organization, and scheduling of duty hours are considered to be the factors that have the greatest influence on resident well-being, quality of learning, and opportunities to attain the competence needed for independent practice. PMID:25559074

Built environment change: a framework to support health-enhancing behaviour through environmental policy and health research.

PubMed

Berke, Ethan M; Vernez-Moudon, Anne

2014-06-01

As research examining the effect of the built environment on health accelerates, it is critical for health and planning researchers to conduct studies and make recommendations in the context of a robust theoretical framework. We propose a framework for built environment change (BEC) related to improving health. BEC consists of elements of the built environment, how people are exposed to and interact with them perceptually and functionally, and how this exposure may affect health-related behaviours. Integrated into this framework are the legal and regulatory mechanisms and instruments that are commonly used to effect change in the built environment. This framework would be applicable to medical research as well as to issues of policy and community planning.

Geological repository for nuclear high level waste in France from feasibility to design within a legal framework

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

Voizard, Patrice; Mayer, Stefan; Ouzounian, Gerald

Over the past 15 years, the French program on deep geologic disposal of high level and long-lived radioactive waste has benefited from a clear legal framework as the result of the December 30, 1991 French Waste Act. To fulfil its obligations stipulated in this law, ANDRA has submitted the 'Dossier 2005 Argile' (clay) and 'Dossier 2005 Granite' to the French Government. The first of those reports presents a concept for the underground disposal of nuclear waste at a specific clay site and focuses on a feasibility study. Knowledge of the host rock characteristics is based on the investigations carried outmore » at the Meuse/Haute Marne Underground Research Laboratory. The repository concept addresses various issues, the most important of which relates to the large amount of waste, the clay host rock and the reversibility requirement. This phase has ended upon review and evaluation of the 'Dossier 2005' made by different organisations including the National Review Board, the National Safety Authority and the NEA International Review Team. By passing the 'new', June 28, 2006 Planning Act on the sustainable management of radioactive materials and waste, the French parliament has further defined a clear legal framework for future work. This June 28 Planning Act thus sets a schedule and defines the objectives for the next phase of repository design in requesting the submission of a construction authorization application by 2015. The law calls for the repository program to be in a position to commission disposal installations by 2025. (authors)« less

Gamete and Embryo Donation and Surrogacy in Australia: The Social Context and Regulatory Framework

PubMed Central

Hammarberg, Karin; Johnson, Louise; Petrillo, Tracey

2011-01-01

The social and legal acceptability of third-party reproduction varies around the world. In Australia, gamete and embryo donation and surrogacy are permitted within the regulatory framework set out by federal and state governments. The aim of this paper is to describe the social context and regulatory framework for third-party reproduction in Australia. This is a review of current laws and regulations related to third-party reproduction in Australia. Although subtle between-state differences exist, third-party reproduction is by and large a socially acceptable and legally permissible way to form a family throughout Australia. The overarching principles that govern the practice of third-party reproduction are altruism; the right of donorconceived people to be informed of their biological origins; and the provision of comprehensive counselling about the social, psychological, physical, ethical, financial and legal implications of third-party reproduction to those considering donating or receiving gametes or embryos and entering surrogacy arrangements. These principles ensure that donors are not motivated by financial gain, donor offspring can identify and meet with the person or persons who donated gametes or embryos, and prospective donors and recipients are aware of and have carefully considered the potential consequences of third-party reproduction. Australian state laws and federal guidelines prohibit commercial and anonymous third-party reproduction; mandate counselling of all parties involved in gamete and embryo donation and surrogacy arrangements; and require clinics to keep records with identifying and non- identifying information about the donor/s to allow donor-conceived offspring to trace their biological origins. PMID:24851179

Gamete and embryo donation and surrogacy in australia: the social context and regulatory framework.

PubMed

Hammarberg, Karin; Johnson, Louise; Petrillo, Tracey

2011-01-01

The social and legal acceptability of third-party reproduction varies around the world. In Australia, gamete and embryo donation and surrogacy are permitted within the regulatory framework set out by federal and state governments. The aim of this paper is to describe the social context and regulatory framework for third-party reproduction in Australia. This is a review of current laws and regulations related to third-party reproduction in Australia. Although subtle between-state differences exist, third-party reproduction is by and large a socially acceptable and legally permissible way to form a family throughout Australia. The overarching principles that govern the practice of third-party reproduction are altruism; the right of donorconceived people to be informed of their biological origins; and the provision of comprehensive counselling about the social, psychological, physical, ethical, financial and legal implications of third-party reproduction to those considering donating or receiving gametes or embryos and entering surrogacy arrangements. These principles ensure that donors are not motivated by financial gain, donor offspring can identify and meet with the person or persons who donated gametes or embryos, and prospective donors and recipients are aware of and have carefully considered the potential consequences of third-party reproduction. Australian state laws and federal guidelines prohibit commercial and anonymous third-party reproduction; mandate counselling of all parties involved in gamete and embryo donation and surrogacy arrangements; and require clinics to keep records with identifying and non- identifying information about the donor/s to allow donor-conceived offspring to trace their biological origins.

Surrogate Motherhood and Abortion for Fetal Abnormality.

PubMed

Walker, Ruth; van Zyl, Liezl

2015-10-01

A diagnosis of fetal abnormality presents parents with a difficult - even tragic - moral dilemma. Where this diagnosis is made in the context of surrogate motherhood there is an added difficulty, namely that it is not obvious who should be involved in making decisions about abortion, for the person who would normally have the right to decide - the pregnant woman - does not intend to raise the child. This raises the question: To what extent, if at all, should the intended parents be involved in decision-making? In commercial surrogacy it is thought that as part of the contractual agreement the intended parents acquire the right to make this decision. By contrast, in altruistic surrogacy the pregnant woman retains the right to make these decisions, but the intended parents are free to decide not to adopt the child. We argue that both these strategies are morally unsound, and that the problems encountered serve to highlight more fundamental defects within the commercial and altruistic models, as well as in the legal and institutional frameworks that support them. We argue in favour of the professional model, which acknowledges the rights and responsibilities of both parties and provides a legal and institutional framework that supports good decision-making. In particular, the professional model acknowledges the surrogate's right to decide whether to undergo an abortion, and the intended parents' obligation to accept legal custody of the child. While not solving all the problems that arise in surrogacy, the model provides a framework that supports good decision-making. © 2015 John Wiley & Sons Ltd.

Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts

PubMed Central

Hajizadeh, Mohammad

2016-01-01

Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens’ tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada’s black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana. PMID:27694657

Converting a Manned LCU into an Unmanned Surface Vehicle (USV): An Open Systems Architecture (OSA) Case Study

DTIC Science & Technology

2014-09-01

pdf. Musk , Elon . 2014. Statement Of Elon Musk , Ceo & Chief Designer, Space Exploration Technologies Corp. (Spacex), Before The Committee On...every year moving forward ( Musk 2014)? These questions build the framework for executing OSA throughout an SE program. The OSA framework includes a...systems must be well maintained to the current legal environment. Maintaining this doctrine requires a continuous feedback loop from unmanned systems

Intellectual Property Rights in the Australian University Context: An Overview.

ERIC Educational Resources Information Center

Ricketson, Sam

1993-01-01

The existing legal position of Australian universities with respect to ownership and exploitation of intellectual property by faculty, students, and outside consultants is described. Issues requiring attention are noted, including resources for exploitation, sharing of proceeds, and copyright considerations; and some possible solutions are…

Implementing Accessible Workstations in a Large Diverse University Community.

ERIC Educational Resources Information Center

Christierson, Eric; Marota, Cindy; Radwan, Neveen; Wydeven, Julie

This paper describes how San Jose State University installed adaptive and accessible computer workstations for students with disabilities. It begins by discussing factors crucial to the installation of such workstations, including the importance of understanding legal and budgetary constraints, applying standards which meet diverse disability…

Misrepresentation and the Liability of Universities

ERIC Educational Resources Information Center

Katter, Norman

2006-01-01

This article focuses on misrepresentation and the exposure of universities to legal liability for innocent, fraudulent or negligent statements by academics or administrative staff made to students or prospective students. A greater public awareness of consumer rights through media coverage of damage awards, speculative actions by lawyers, and a…

Analysis of Free Legal Counselling for the Great East Japan Earthquake and the Outlook for the Field of Disaster Recovery and Revitalization Law

PubMed Central

OKAMOTO, Tadashi

2016-01-01

Of the free legal counselling conducted by lawyers following the Great East Japan Earthquake, the results of analysis of approx. 40,000 cases have been disclosed by the Japan Federation of Bar Associations. These analysis results have been used as evidence serving as the basis for system revision and new legislation following the disaster, and have been of value to public policy, to a certain extent. In order to identify methods for realizing policy targets as know-how for public policy through the integration and analysis of legal needs in disaster areas, in FY2012 and thereafter, lectures on the “Disaster Recovery and Revitalization Law” were initiated by the Graduate School of Public Policy, Chuo University; Keio University Law School; and other institutions. Under the Disaster Recovery and Revitalization Law, new public policy education fusing various fields of government, policy, law, disaster prevention and crisis management, etc. has been implemented. By utilizing the database on free legal counselling, it may be possible to identify legal systems that need to be ironed out or problems related to public policy in preparation for a huge disaster such as an earthquake directly striking the Tokyo metropolitan area or an earthquake in the Nankai Trough. It is thought that intensifying study of relevant fields will result in the proposal of new designs in the fields of disaster prevention and crisis management. PMID:28299243

Analysis of Free Legal Counselling for the Great East Japan Earthquake and the Outlook for the Field of Disaster Recovery and Revitalization Law.

PubMed

Okamoto, Tadashi

2016-09-01

Of the free legal counselling conducted by lawyers following the Great East Japan Earthquake, the results of analysis of approx. 40,000 cases have been disclosed by the Japan Federation of Bar Associations. These analysis results have been used as evidence serving as the basis for system revision and new legislation following the disaster, and have been of value to public policy, to a certain extent. In order to identify methods for realizing policy targets as know-how for public policy through the integration and analysis of legal needs in disaster areas, in FY2012 and thereafter, lectures on the "Disaster Recovery and Revitalization Law" were initiated by the Graduate School of Public Policy, Chuo University; Keio University Law School; and other institutions. Under the Disaster Recovery and Revitalization Law, new public policy education fusing various fields of government, policy, law, disaster prevention and crisis management, etc. has been implemented. By utilizing the database on free legal counselling, it may be possible to identify legal systems that need to be ironed out or problems related to public policy in preparation for a huge disaster such as an earthquake directly striking the Tokyo metropolitan area or an earthquake in the Nankai Trough. It is thought that intensifying study of relevant fields will result in the proposal of new designs in the fields of disaster prevention and crisis management.

Knowledge About Legal Regulations Regarding Organ Transplantation Among High School and University Students in Poland.

PubMed

Pawłowicz, E; Nowicki, M

2016-06-01

It has been reported in many studies that although young people have positive attitudes towards organ donation, their knowledge about transplantation is insufficient. This study focused on knowledge about legal regulations regarding organ transplantation in Poland. A 59-item, self-designed questionnaire was administered to 1011 young persons from Central Poland. Among the interviewees were 462 high school students, 184 students of the faculty of medicine, and 365 students from other faculties. The survey was divided into 4 parts: knowledge (basic information, maximum of 17 points; statistics, maximum of 5 points and legal regulations - maximum of 6 points), attitude, personal experience and general characteristics of the interviewees. High school and university students received 1.45 ± 1.24 and 1.54 ± 1.1 (P = .26) out of a maximal score of 6 with respect to knowledge of legal regulations. Medical students scored much higher (4.13 ± 1.23). Only 20 respondents (including 19 medical students) answered correctly all 6 questions. Those who were willing to donate their organs after death achieved better result than those who did not want to donate (1.6 ± 1.22 vs 1.34 ± 1.1; P = .002). Personal experiences did not influence knowledge about transplantation. Knowledge about legal regulations regarding organ transplantation is insufficient among young people. Structured, well-considered education programs at various levels of school and academic education are needed to improve public awareness and attitude. Copyright © 2016 Elsevier Inc. All rights reserved.

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.

Forgotten, excluded or included? Students with disabilities: A case study at the University of Mauritius

PubMed Central

Gunputh, Rajendra P.

2017-01-01

Background Students with disabilities in the tertiary education sector are more than a just a phenomenon, they are a reality. In general, little attention is devoted to their needs despite the fact that they need more care and attention. Objectives This paper, through a case study at the University of Mauritius, sought to answer some pertinent questions regarding students with disabilities. Does the University of Mauritius have sufficient facilities to support these students? Are students aware of existing facilities? What additional structures need to be put in place so that students with any form of disability are neither victimised, nor their education undermined? Are there any local laws about students with disabilities in higher education? Method To answer these questions and others, an online questionnaire was sent to 500 students and the responses were then analysed and discussed. The response rate was 24.4% which showed that students were not reticent to participate in this study. Results Our survey revealed that most students were not aware of existing facilities and were often neglected in terms of supporting structures and resources. ICT facilities were found to be the best support that is provided at the University of Mauritius. The right legal framework for tertiary education was also missing. Conclusion Ideally, students with disabilities should have access to special facilities to facilitate their learning experiences at tertiary institutions. Awareness about existing facilities must also be raised in order to offer equal opportunities to them and to enable a seamless inclusion. PMID:28936422

[Prescribing medication in 2013: legal aspects].

PubMed

Berland-Benhaïm, C; Bartoli, C; Karsenty, G; Piercecchi-Marti, M-D

2013-11-01

To describe the legal framework of medicine prescription in France in 2013. With the assistance of lawyer and forensic pathologist, consultation (legifrance.gouv.fr), analysis, summary of French laws and rules surrounding drugs prescriptions to humans for medical purpose. Free medicine prescription is an essential feature of a doctor's action. To prescribe involve his responsibility at 3 levels: deontological, civilian and penal. Aim of the rules of medicine prescription is to preserve patient's safety and health. Doctors are encouraged to refer to recommendations and peer-reviewed publication every time the prescriptions go out of the case planned by law. Knowledge and respect of medicine prescription legal rules is essential for a good quality practice. Medical societies have a major role to improve medicine use among practitioners. Copyright © 2013. Published by Elsevier Masson SAS.

The regulatory cliff edge between contraception and abortion: the legal and moral significance of implantation

PubMed Central

Sheldon, Sally

2015-01-01

In regulating the voluntary interruption of pregnancy, English law has accorded particular significance to two biological events. First, ‘viability’, the moment when a fetus is said to acquire the capacity for independent life, plays an important role in grounding restrictions on access to legal abortion later in pregnancy. Second, equally significantly but far less frequently discussed, ‘implantation’ marks the point in pregnancy from which abortion laws apply. This paper focuses on this earlier biological event. It suggests that an unquestioning reliance on implantation as marking an appropriate moment of transition between two radically different legal frameworks is deeply problematic and is rendered still less sustainable in the light of the development of new technologies that potentially operate shortly after the moment of implantation. PMID:26085334

Taiwan Biobank: making cross-database convergence possible in the Big Data era

PubMed Central

Lin, Jui-Chu; Fan, Chien-Te; Liao, Chia-Cheng; Chen, Yao-Sheng

2018-01-01

Abstract The Taiwan Biobank (TWB) is a biomedical research database of biopsy data from 200 000 participants. Access to this database has been granted to research communities taking part in the development of precision medicines; however, this has raised issues surrounding TWB’s access to electronic medical records (EMRs). The Personal Data Protection Act of Taiwan restricts access to EMRs for purposes not covered by patients’ original consent. This commentary explores possible legal solutions to help ensure that the access TWB has to EMR abides with legal obligations, and with governance frameworks associated with ethical, legal, and social implications. We suggest utilizing “hash function” algorithms to create nonretrospective, anonymized data for the purpose of cross-transmission and/or linkage with EMR. PMID:29149267

The globalization of behavioral science evidence about battered women: a theory of production and diffusion.

PubMed

Gatowski, S I; Dobbin, S A; Richardson, J T; Ginsburg, G P

1997-01-01

A theoretical framework is proposed for understanding how the innovative use of behavioral science evidence is both produced and diffused among members of the global legal community. Using case law analyses and interviews with key individuals involved in selected cases, we examine how battered woman syndrome (BWS) is produced and diffused between and among Australia, Canada, England, and the United States. The following diffusion mechanisms are proposed: (1) The availability and accessibility of credible dissemination sources; (2) characteristics of the overall practice environment operating in each legal culture; (3) the attitudes and knowledge of attorneys and judges about the use of scientific evidence; (4) political and social support for the use of the evidence in the legal culture; and (5) the level of structural equivalence, communication, and "neighbor effects" between and among legal cultures. Each mechanism is discussed and supplemented with information from interviews with individuals involved in key cases involving BWS evidence.

Breaking up is hard to do: Women's experience of dissolving their same-sex relationship.

PubMed

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

2017-01-02

While prior research has compared same-sex to heterosexual relationships, very little attention has been paid to the unique experiences of women dissolving same-sex relationships, especially in the context of shifting legal and social policies. The current study examined the experience of 20 women who dissolved their same-sex relationship between 2002 and 2014. Participants were drawn from a longitudinal sample of same-sex and heterosexual couples and were interviewed using a semi-structured protocol. Interviews focused on three primary research questions: reasons for dissolution, emotional reactions, and role of legal status. While reasons for dissolution largely mirrored literature on women in heterosexual relationships, emotional reactions and the role of legal status were both influenced by sexual minority-specific factors related to minority stress and the recent societal changes pertaining to legal relationship recognition. Results are interpreted in a framework of minority stress and the ongoing legacy of institutional discrimination experienced by women in same-sex relationships.

Ethical aspects of clinical research with minors.

PubMed

Bos, Wendy; Tromp, Krista; Tibboel, Dick; Pinxten, Wim

2013-07-01

Over the past decades, clinical research has increasingly been subjected to ethical requirements and legal regulation. The specific focus of ethical and legal frameworks on competent adults (which serve as the paradigmatic research subject), however, has created an ambivalent attitude towards pediatric clinical research. On one hand, minors are regarded as a vulnerable population that deserves additional protection against the risks and burdens involved in clinical research. On the other hand, the population of minors should not be denied (or not get timely) access to the benefits of clinical research. In this paper, we will explore the legal regulation and ethical guidance that currently governs pediatric clinical research in the European Union and discuss the future challenges in this field. In addition, we will discuss major ethical concerns in pediatric clinical research, with a focus on the acceptability of research risks and the informed consent process. In the discussion, we will address key concerns in both regulating pediatric clinical research and implementing ethical and legal requirement in the actual pediatric research conduct.

Legal, Social, Ethical, and Medical Perspectives on the Care of the Statutory Rape Adolescent in the Emergency Department.

PubMed

Tsai, Shiu-Lin; Acosta, Elvira; Cardenas, Toni; Sigall, Jeremy K; Van Geem, Kevin

2017-07-01

Rapes involving adolescents who present to the emergency department (ED) are fraught with ethical and legal complexities and are often emotionally turbulent for patients, their families, and medical providers. Management requires a thoughtful approach from multiple standpoints, including legal, psychosocial, ethical, and medical ones. However, there is no standardized sexual assault education for emergency medicine residents, and management practices vary widely. 1,2 We present a hypothetical statutory rape case based on real cases that occurred in New York City and bring together the perspectives of an attorney on the legal parameters, two social workers on the psychosocial issues, an ethicist on the moral considerations, and a pediatric emergency physician-who is also a sexual assault forensic examiner-on the medical treatments. We aim to provide a framework for physicians to navigate issues of patient-physician privilege involving minors, privacy rules, and mandatory reporting laws. Copyright © 2016 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.

[Complications after laser hair removal: the standpoint of a dermatological legal expert regarding liability].

PubMed

Bayle, P; Saval, F; Rougé, D; Telmon, N

2015-03-01

Laser hair removal is widely used, including outside medical settings. Potential complications, notably burns, may engage the operator's liability. In this case, investigations by medical experts are frequently requested. We describe 6 expert examinations carried out by the same legal dermatology expert between 2012 and 2014. They concerned burns of varying severity caused by laser hair removal procedures carried out by a doctor, a physiotherapist and 4 beauticians. Laser hair removal is carried out in many beauty centres, although in France it is restricted by law to medical use. This practice is thus currently the subject of legal and economic controversy. The analysis of 6 medical expert investigations of accidents involving laser hair removal illustrates the various types of fault in which the operator's liability may be engaged and it also serves to redefine the legal framework of this act within the realm of aesthetic medicine. Copyright © 2015 Elsevier Masson SAS. All rights reserved.

Reflections on Systemic Discrimination in a University.

ERIC Educational Resources Information Center

Rees, Ruth

This paper uses examples of systemic sex discrimination at one Canadian university to illustrate the need to continue to redress the causes of such discrimination. An opening section explores some legal definitions of systemic discrimination from court decisions and government regulation. Using these, this section develops a working definition of…

AIDS on Campus: A Legal Compendium.

ERIC Educational Resources Information Center

Strohm, Leslie Chambers, Ed.

During the 1980s, AIDS emerged as a leading cause of death among young adults. Subsequently, no college or university can expect to escape from this problem. These collected articles were targeted for university, and health-science-center administrators. The information contained here is grouped under eight headings. Section 1, the medical…

Bijuralism in Law's Empire and in Law's Cosmos.

ERIC Educational Resources Information Center

Kasirer, Nicholas

2002-01-01

Using the example of McGill University's bijural program, explores how teaching the common and civil law traditions together provides an opportunity to teach in law's "cosmos" rather than its "empire," so that a bijural legal education can plainly and confidently ally itself with the great university tradition of prizing…

The Law School as a Base for Interdisciplinary Studies in a University

ERIC Educational Resources Information Center

Willrich, Mason

1974-01-01

Discusses the objectives of the Center for the Study of Science, Technology and Public Policy at the School of Law of the University of Virginia, summarizes the center's activities, and draws conclusions concerning the future role of a problem-oriented, interdisciplinary study in legal education. (Author/PG)

Ground Zero in the Debate over Stem-Cell Research.

ERIC Educational Resources Information Center

Southwick, Ron

2001-01-01

Describes how political, legal, and ethical battles over embryonic stem-cell research are focused on the University of Wisconsin at Madison, where the cells were first isolated. Addresses the issue of access to the university's stem cells and a recent presidential decision regarding funding for stem-cell research.(EV)

Legal Responsibilities and Contractual Obligations Imposed on a University by Its Catalog.

ERIC Educational Resources Information Center

Peterson, Erlend D.

1981-01-01

The catalog has become a "Catch 22" for colleges and universities; it is necessary to publish it, but the institution becomes liable for the printed information. Courts have determined a contractual relationship established by the catalog, and precautionary steps should be taken to avoid liability litigation. (MSE)

Computer Viruses. Legal and Policy Issues Facing Colleges and Universities.

ERIC Educational Resources Information Center

Johnson, David R.; And Others

Compiled by various members of the higher educational community together with risk managers, computer center managers, and computer industry experts, this report recommends establishing policies on an institutional level to protect colleges and universities from computer viruses and the accompanying liability. Various aspects of the topic are…

College and University Counseling Centers: Questions in Search of Answers

ERIC Educational Resources Information Center

Bishop, John B.

2006-01-01

College and university counseling centers are being influenced by changing populations of students and the concerns of a variety of constituencies and stakeholders about mental health issues. Although counseling centers can be important institutional resources in matters of recruitment, retention, and risk management, new legal and ethical issues…

Changes in Academic Entrepreneurship among Japanese University Bioscientists, 1980-2012

ERIC Educational Resources Information Center

Kameo, Nahoko

2014-01-01

The dissertation examines how Japanese university scientists in the biosciences responded to legal and institutional changes in academic entrepreneurship. Beginning in the 1990s, the Japanese government initiated a series of policy initiatives that attempted to imitate the U.S. academic environment's approach to promoting entrepreneurship. Using…

Protecting Student Intellectual Property in the Entrepreneurial Classroom

ERIC Educational Resources Information Center

Wright, Sarah L.; Katz, Jerome A.

2016-01-01

While universities are intensely protective of revenue streams related to intellectual property interests for the institution and professors, the financial and legal interests of students in the entrepreneurial process have largely been overlooked. This lack of attention, both in universities and in the literature, is intriguing given the…

Administrative Practices as Institutional Identity: Bureaucratic Impediments to HE "Internationalisation" Policy in Japan

ERIC Educational Resources Information Center

Poole, Gregory S.

2016-01-01

This paper explores how bureaucracy impedes the implementation of higher education (HE) policy at Japanese universities. Administrative systems employ Weberian legal-rational bureaucratic practices that are central to the institutional identity of a university. Rather than the means to internationalisation and reform in general, these systems…

Doing Business in the New Technology: Problems for College and University Counsel.

ERIC Educational Resources Information Center

Toohey, Daniel W.; Gray, Todd D.

1984-01-01

Regulatory changes regarding public broadcasting and telecommunications facilities on college and university campuses allowing remunerative use of the facilities, and potential obstacles to remunerative use posed by state statutes, are discussed from legal and tax perspectives. The potential for double taxation is examined. (MSE)

Public University Program Review: Statewide Analyses. Corrected.

ERIC Educational Resources Information Center

Illinois State Board of Higher Education, Springfield.

This report provides statewide analyses of graduate programs in education, library and information sciences, and of programs at all levels in law and legal studies in Illinois, preparatory to the public universities' review of these programs during 1995-96. Based on the Priorities, Quality, and Productivity (PQP) initiative undertaken by the…

Lessons Learned from the University of Virginia's Balcony Collapse.

ERIC Educational Resources Information Center

Dillman, Robert P.; Klingel, Jay W.

2002-01-01

Discusses the 1997 collapse of a balcony on a historic building at the University of Virginia, which resulted in a death and several injuries. Explores the balcony structure and cause of the collapse, any possibly preventative measures, and the resolution of legal proceedings resulting from the collapse. (EV)