Principales bases legales relacionadas con la expedición y uso de estupefacientes, psicotrópicos y otras sustancias tóxicas en Cuba Main legal bases related to the prescription and use of stupefacients, psychotropic drugs, and other toxicants in Cuba
Héctor Barreiro Ramos
Full Text Available Por la importancia que tiene para los médicos, enfermeros, estudiantes, directivos y otros trabajadores y profesionales, no solo del sistema de Salud Pública, sino de otros sectores relacionados, se comprendió la necesidad de intentar recoger en un mismo material toda la legislación posible o basamentos medicolegales relacionados con la expedición y uso de algunas sustancias tóxicas en Cuba, para que estos grupos tuvieran recopilado en un solo texto mucho de lo que está regulado sobre esta temática, y le sea útil como instrumento de trabajo. Se realizó una revisión bibliográfica y documental acerca de las normas legales establecidas en Cuba para el control de las sustancias bajo fiscalización internacional y nacional, muchas de las cuales pueden ser utilizadas con fines no médicos. Se resumen en este documento las bases legales establecidas en leyes, decretos, resoluciones y otros documentos vigentes en nuestro país, y se señalan los principales aspectos contemplados en estos instrumentos jurídicos, muchos de los cuales han repercutido en las modificaciones realizadas en los últimos años en el Código Penal para el control del narcotráfico y el abuso de sustancias reguladas y/o prohibidas. La información obtenida se presenta por temáticas afines, que se agrupan teniendo presente el contenido y comentando las consideraciones pertinentes acorde con la problemática cubana.Due to the great significance for physicians, nurses, students, managers, and other workers and professionals, not only of the Public Health System, but of other related sectors, it was necessary to collect in a same material all the possible legislation or medicolegal foundations related to the prescription and use of some toxicants in Cuba, so that these groups have in only one text most of what is regulated on this topic to be use as a working tool. A bibliographical and documentary review was made on legal norms established in Cuba for the control of
Dijkstra, Jacob; Breuker, J.; Leenes, R.; Winkels, R.
This paper gives an overview of my PhD study into the persuasiveness of (legal) knowledge-based systems'. The results of three experiments show the possible problems that may arise when computerised legal decision aids are put into practice. The users in the experiments had great difficulties with
Academic dishonesty poses a threat to the goals of every educational institution. This article draws heavily from current literature and case law to provide an overview of academic dishonesty, paying particular attention to associated legal aspects, such as due process, the content and communication of policies, sanctions, prevention, and…
This is because the discounts and rebates offered in the past to some resulted in higher prices for others. But on average, however, prices should drop slightly because the. SEPs are based on figures from last year. DISPENSING FEES. The new law on dispensing fees only comes into effect on. 2 August 2004. Until then ...
Ekaterina F. Devochkina
Full Text Available The article contains analysis of normative-legal base of Russian advertisingcompanies business. Also the problem of absence the legal system is consecrated.The author mentioned comparative characteristics of advertising legal system ofdifferent years.
Marcelo Moraes e Silva
La configuración de la ordenación legal relacionada a la financiación del gobierno brasileño hacia el deporte de elite: un análisis a partir de la Teoria de los Juegos de Norbert Elias RESUMO: O presente artigo visa mostrar quais foram as configurações que constituíram os aspectos legais relativos ao financiamento ao esporte de rendimento no Brasil. Para analisar este ordenamento jurídico tomou-se por base a teoria dos jogos de Norbert Elias, que vem como uma peça importante para a compreensão das relações de poder, nessa complexa configuração constituída às voltas do financiamento do esporte de rendimento brasileiro. A título de conclusão aponta-se que apesar de haver o investimento por parte do poder público ainda não existe uma política eficiente que possa avaliar os benefícios destes montantes no esporte de rendimento do país. Palavras-Chave: Financiamento Esportivo; Esporte Brasileiro; Poder Público; Esporte de Rendimento. ABSTRACT: This article aims to show the settings that established the legal aspects of the funding to high performance sport in Brazil. To analyze this legal framework, we took the Game Theory of Norbert Elias as our basis, which comes as an important step to understand the power relations in this complex configuration formed around funding for Brazilian high performance sport. In conclusion, it is pointed out that although there is investment by the government, there is not an efficient policy that can evaluate the benefits of these amounts in high performance sport in the country yet. Key Words: Sports Funding; Brazilian Sport; Public Force; High Performance Sport. RESUMEN: El objetivo del presente artículo es enseñar cuáles fueron las configuraciones que constituíran los aspectos legales relacionados a la financiación para el deporte de elite en Brasil. Para analisar esta ordenación legal se utilizó cómo base la Teoria de los Juegos de Norbert Elias, que viene cómo una importante pieza para la
Taisiia H. Omelchenko
Full Text Available The general characteristic of legal base of electronic document circulation is presented in the article. It legislatively regulates the relations which connected with the information and information communication technologies. There is presented the list of the basic acts of regulation of sphere of information relations.
Anichkin, Eugene S.
The article deals with reasons for formation, nature and specifics of the constitutionally legal policy of modern Russia. The special attention is spared to the exposure of the aim, long-term and short-term tasks, and principles of national constitutionally legal policy. The functions of constitutionally legal policy are separately considered:…
Full Text Available The wage protection in Indonesian positive law is still not provide legal certainty for the weaker party in the aspect of social economic. In every anniversary of May Day, labor union always demanded to abolish the wage cost, which the Government Regulation No. 78 Year 2015 leanihg to the interests of investors. The principle of legal certainty in the norm of wage protection needs to be realized with respect to: the concept of wage protection, lack of certainty purpose of law, established by the competent authorities, accepted by society, legal materials in accordance with the legal hierarchy, the company's obligation to make books wages, and avoid multiple interpretations in legal norms.
Full Text Available Assistive technologies have always opened new horizons in human's life, posed solutions to problemsand brought relief and prosperity for human beings. Iranian judicial authorities have recently recognizedthe importance of medical technologies. Accordingly, Iranian legal system has recognized surrogacy anda surrogacy contract seems unavoidable for surrogacy to be legally valid, socially acceptable andreligiously legitimate. As a legal defense of including a typical surrogacy contract in contract law, thisreview studies the four building blocks of a valid contract: the intention and consent of parties, theirlegal capacity, the subject of the contract and its legitimacy. Discussing related Iranian Acts concerningcontracts and responsibilities of parties, the authors of the present article deal with main commitmentsand responsibilities of the parties to a typical surrogacy contract: infertile couples, surrogate, fertilityclinic or medical institute, and surrogate's husband. The authors conclude that a surrogacy contract isaccepted based on article 10 of Iranian Civil Act 1928, pose some suggestions to be included in such acontract, and emphasize that a specific Act concerning surrogacy should be approved to cover rights andlegal needs of all parties to a surrogacy contract.
Nitta, Katsumi; Shibasaki, Masato; Yasumura, Yoshiaki; Hasegawa, Ryuzo; Fujita, Hiroshi; Koshimura, Miyuki; Inoue, Katsumi; Shirai, Yasuyuki; Komatsu, Hiroshi
We present an overview of a legal negotiation support system, ANS (Argumentation based Negotiation support System). ANS consists of a user interface, three inference engines, a database of old cases, and two decision support modules. The ANS users negotiates or disputes with others via a computer network. The negotiation status is managed in the form of the negotiation diagram. The negotiation diagram is an extension of Toulmin’s argument diagram, and it contains all arguments insisted by participants. The negotiation protocols are defined as operations to the negotiation diagram. By exchanging counter arguments each other, the negotiation diagram grows up. Nonmonotonic reasoning using rule priorities are applied to the negotiation diagram.
Leenes, R.E.; Svensson, Jorgen S.; Hage, J.C.; Bench-Capon, T.J.M.; Cohen, M.J.; van den Herik, H.J.
In this paper we investigate the relation between legal knowledge-based systems and large-scale computer networks such as the Internet. On the one hand, researchers of legal knowledge-based systems have claimed huge possibilities, but despite the efforts over the last twenty years, the number of
Full Text Available Despite decades of development of formal tools for modelling legal knowledge and reasoning, the creation of a fully fledged legal decision support system remains challenging. Among those challenges, such system requires an enormous amount of commonsense knowledge to derive legal expertise. This paper describes the development of a negotiation decision support system (the Parenting Plan Support System or PPSS to support parents in drafting an agreement (the parenting plan for the exercise of parental custody of minor children after a divorce is granted. The main objective here is to discuss problems of framing an intuitively appealing and computationally efficient knowledge base that can adequately represent the indeterminate legal concept of the well-being of the child in the context of continental legal culture and of Polish law in particular. In addition to commonsense reasoning, interpretation of such a concept demands both legal expertise and significant professional knowledge from other domains.
Breuker, J.A.P.J.; Hoekstra, R.J.; Gordon, T.
In this paper we present DIRECT, a system forautomatic discovery of responsibility and causal relations in legal case descriptions based on LRI-Core, a core ontology that covers the main concepts that are common to all legal domains. These domains have a predominant common-sense character - the law
Virginia Polytechnic Inst. and State Univ., Blacksburg.
This task analysis guide is intended to help teachers and administrators develop instructional materials and implement competency-based education in a course on legal office procedures. Section 1 contains a validated task inventory for legal office procedures. For each task, applicable information pertaining to performance and enabling objectives,…
Full Text Available The article gives an analysis of the legal definition of pornography. The author identified descriptive and target criteria groups which are required for the analysis and analyses the content of descriptive criteria of pornography and the way how they should be documented. Fixing attention to the anatomical and physiological characteristics of the sexual relations is determine as necessary target criterion. It is noted that the term "pornography" is a legal and cannot be subject of expertise. That is why author underlined some methodological basis of complex psycho-linguistic and psycho-art expertise. The article presents general issue depends on expert conclusion and studies cases where the research is necessary to involve doctors, as well as criteria for expert's opinion. Besides that, author defined subject, object and main tasks of psychological studies of pornographic information.
Clayton Costa da Silva
Full Text Available Controle externo e o que se realiza por órgão distinto daquele responsável pelo ato controlado e visa a comprovar a probidade administrativa e a regularidade da guarda e do emprego dos bens, valores e dinheiros públicos, bem como a fiel execução do orçamento. Atualmente, o sistema de fiscalização governamental brasileiro esta estruturado a partir das disposições contidas nos arts. 70 a 75 da Carta Magna de 1988. Na execução dessas atividades, os órgãos de Controle Externo acabam por se deparar com situações controversas, que abrem margem para diversas interpretações dos dispositivos que regulam as atividades de controle. Assim, inicialmente, em virtude da inoperância judiciaria brasileira, fato social decorrente de inúmeros fatores sócio-organizacionais, sobretudo o grande número de processos e o diminuto número de magistrados, surgiu a fi gura da “Sumula”. Deste modo, objetivou-se, no presente trabalho, apresentar as principais Sumulas editadas pelo STF, STJ e TCU relacionadas ao tema controle externo. Para tanto, foi realizada inicialmente uma pesquisa documental, apresentando aspectos gerais pertinentes a fi gura das súmulas. Ademais, a pesquisa bibliográfica e empregada nos campos atinentes as súmulas relacionadas as normas de controle externo. Ressalte-se que o universo da pesquisa foram todas as súmulas editadas pelo STF, STJ e TCU. Apos a coleta, foram selecionadas as súmulas que tiveram mais repercussão nos meios de publicação. Ao término, foi possível identificar as principais súmulas editadas para efetivar o controle externo. Constatou-se, portanto, que o campo do Controle Externo também e uma área que demanda a edição de numerosas súmulas para a pacificação dos entendimentos. Nesse contexto, o TCU vem se destacando com a edição constante de súmulas, objetivando uniformizar os temas controversos. Algumas problemáticas chegaram ao STF, e, por fim, dois casos, ao STJ.
Fanous, Amanda; Rappaport, Jamie; Young, Meredith; Park, Yoon Soo; Manoukian, John; Nguyen, Lily H P
To develop, implement, and evaluate a longitudinal, simulation-based ethics and legal curriculum designed specifically for otolaryngology residents. Otolaryngology residents were recruited to participate in a yearly half-day ethical-legal module, the curriculum of which spanned 4 years. Each module included: three simulated scenarios, small-group multisource feedback, and large-group debriefings. Scenarios involved encounters with standardized patients. Residents' ethical-legal knowledge was assessed pre- and postmodule with multiple-choice questions, and ethical reasoning was assessed by a variety of evaluators during the simulated scenario using a locally developed assessment tool. Participants completed an exit survey at the end of each module. Eighteen residents completed four modules from the academic years of 2008 to 2009 to 2011 to 2012. The first year was considered a pilot module, and data were collected for the following 3 years. Knowledge of legal issues improved significantly among residents (mean at pre = 3.40 and post = 4.60, P simulation-based ethical-legal curriculum tailored to otolaryngology-head and neck surgery residents. This educational program resulted in a both objective and subjective improvement in legal and ethics knowledge and skills. NA. Laryngoscope, 127:2501-2509, 2017. © 2017 The American Laryngological, Rhinological and Otological Society, Inc.
Dec 31, 2014 ... the ethical and legal issues related to hospital-based blood transfusion practice for medical practitioner. Methods: Relevant articles .... A review of the ethical responsibilities of medical practitioners in hospital-based blood ... individuals, governments, faith-based and non- governmental organizations (NGO).
de Maat, E.; Krabben, K.; Winkels, R.
This paper presents results of an experiment in which we used machine learning (ML) techniques to classify sentences in Dutch legislation. These results are compared to the results of a pattern-based classifier. Overall, the ML classifier performs as accurate (>90%) as the pattern based one, but
Scherer, Jürgen; Flory, Egbert
In general, cell-based medicinal products do not represent a uniform class of medicinal products, but instead comprise medicinal products with diverse regulatory classification as advanced-therapy medicinal products (ATMP), medicinal products (MP), tissue preparations, or blood products. Due to the legal and scientific consequences of the development and approval of MPs, classification should be clarified as early as possible. This paper describes the legal situation in Germany and highlights specific criteria and concepts for classification, with a focus on, but not limited to, ATMPs and non-ATMPs. Depending on the stage of product development and the specific application submitted to a competent authority, legally binding classification is done by the German Länder Authorities, Paul-Ehrlich-Institut, or European Medicines Agency. On request by the applicants, the Committee for Advanced Therapies may issue scientific recommendations for classification.
de Bruin, Hugo; Prakken, Henry; Svensson, Jorgen S.; Bench-Capon, Trevor J.M.; Daskalopulu, Aspassia; Winkels, Radboud
In recent years, practical applications of legal knowledge-based systems have become increasingly common. This raises the issue of their functioning in practice and their actual influence on the quality of decisions. In this paper we investigate to what extent incorrect decisions may be caused by
Cleff, Evelyne Beatrix; Gidofalvi, Gyozo
Recent advances in communication and information technology, such as the increasing accuracy of GPS technology and the miniaturization of wireless communication devices pave the road for Location-Based Services. Among these services, mobile advertising is predicted to represent a high yield revenue...... stream. In this article the possibilities of using a location-aware mobile messenger for the purpose of mobile advertising will be introduced. However, mobile advertising may become an extremely intrusive practice if the user's privacy is not taken in account. The objective of this article is therefore...
Full Text Available Background: An experience serving jury duty prompted reflection on the parallels between evidenced based medicine and our legal system. Findings: The steps of the legal system can be tied to each step of the practice of evidenced based medicine. Implications: Patients should be included in evidence based decisions. Pharmacists can act as resources for other providers practicing evidenced based medicine. Educators can use this analogy to teach evidence based medicine. Conflict of Interest We declare no conflicts of interest or financial interests that the authors or members of their immediate families have in any product or service discussed in the manuscript, including grants (pending or received, employment, gifts, stock holdings or options, honoraria, consultancies, expert testimony, patents and royalties. Type: Commentary
Legal case brief writing is pedagogically important yet insufficiently discussed for Chinese EFL learners majoring in law. Based on process genre approach and discourse information theory (DIT), the present study designs a corpus-based analytical model for Chinese EFL learners' autonomy in legal case brief writing and explores the process of case…
Full Text Available Multistorey buildings typically include stratified legal interests which provide entitlements to a community of owners to lawfully possess private properties and use communal and public properties. The spatial arrangements of these legal interests are often defined by multiplexing cognitively outlined spaces and physical elements of a building. In order to support 3D digital management and communication of legal arrangements of properties, a number of spatial data models have been recently developed in Geographic Information Systems (GIS and Building Information Modelling (BIM domains. While some data models, such as CityGML, IndoorGML or IFC, provide a merely physical representation of the built environment, others, e.g., LADM, mainly rely on legal data elements to support a purely legal view of multistorey buildings. More recently, spatial data models integrating legal and physical notions of multistorey buildings have been proposed to overcome issues associated with purely legal models and purely physical ones. In previous investigations, it has been found that the 3D digital data environment of BIM has the flexibility to utilize either only physical elements or only legal spaces, or an integrated view of both legal spaces and physical elements to represent spatial arrangements of stratified legal interests. In this article, the performance of these three distinct BIM-based representations of legal interests defined inside multistorey buildings is assessed in the context of the Victorian jurisdiction of Australia. The assessment metrics are a number of objects and geometry batches, visualization speed in terms of frame rate, query time, modelling legal boundaries, and visual communication of legal boundaries.
Schmidt, Martin M; Sharma, Akhilesh; Schifano, Fabrizio; Feinmann, Charlotte
A vast array of substances are marketed as "legal highs" in the UK. These products are mainly marketed online and are packaged and produced to mimic illicit drugs. Little is known about the full range of products available at present and no studies have evaluated the product information provided to consumers. AIMS & HYPOTHESIS: To describe the available legal high products marketed by UK-based Internet retailers and evaluate the product information provided to consumers. Websites were identified using the terms "buy legal highs+UK" and two search engines. The first 100 hits and a random sample of 5% of the remaining results were screened. Websites based in the UK were included and all products were entered on a database. Information on product name, list price, claimed effects, side effects, contraindications and interactions was extracted. A descriptive analysis was conducted using SPSS v14. 115 Websites met the inclusion criteria but due to duplicate listings this was reduced to 39 unique Websites. 1308 products were found and evaluated. The average product price was 9.69 British pounds. Products took the form of pills (46.6%), smoking material (29.7%) and single plant material/extract (18.1%). Most products claimed to be stimulants (41.7%), sedatives (32.3%), or hallucinogens (12.9%). 40.1% of products failed to list ingredients, 91.9% failed to list side effects, 81.9% failed to list contraindications and 86.3% failed to list drug interactions. Top 5 products (with active ingredients in brackets) by frequency were Salvia divinorum (Salivinorin A), Kratom (Mitragynine), Hawaiian Baby Woodrose Seeds (Lysergic Acid Amide), Fly Agaric (Ibotenic Acid, Muscimol) and Genie (JWH018, CP47497). Products marketed as "legal highs" are easily available from UK-based Internet retailers and are reasonably affordable. Safety information provided to consumers is poor. Uninformed users risk serious adverse effects. Copyright © 2010 Elsevier Ireland Ltd. All rights reserved.
Baggenstoss, Grazielly Alessandra
This research examines the legal context of bringing the School No Political Party Program, which aims to include legal provisions in the Law of Guidelines and Bases of National Education. Therefore, the problem of research is if the mentioned project has legal relevance to the Brazilian legal system , as well as the current pedagogical context. Thus, with deductive method, the question is examined from the proportionality test of Robert Alexy and Evidence and Justifiability Controls, applied...
Social networks and health-related quality of life: a population based study among older adults Redes sociales y calidad de vida relacionada a la salud: un estudio de base poblacional en adultos mayores
Full Text Available OBJECTIVE: To examine the relationship between components of social networks and health-related quality of life (HRQL in older adults with and without depressive symptoms. MATERIAL AND METHODS: Comparative cross-sectional study with data from the cohort study "Integral Study of Depression", carried out in Mexico City during 2004. The sample was selected through a multi-stage probability design. HRQL was measured with the SF-36. Geriatric Depression Scale (GDS and the Short Anxiety Screening Test (SAST determined depressive symptoms and anxiety. T-test and multiple linear regressions were conducted. RESULTS: Older adults with depressive symptoms had the lowest scores in all HRQL scales. A larger network of close relatives and friends was associated with better HRQL on several scales. Living alone did not significantly affect HRQL level, in either the study or comparison group. CONCLUSIONS: A positive association between some components of social networks and good HRQL exists even in older adults with depressive symptoms.OBJETIVO: Examinar la relación entre componentes de redes sociales y calidad de vida relacionada con la salud (CVRS de adultos mayores con o sin síntomas depresivos. MATERIAL Y MÉTODOS: Estudio transversal comparativo con datos de la cohorte "Estudio Integral de Depresión", realizado en la Ciudad de México en 2004. La muestra fue seleccionada por diseño probabilístico multietápico. La CVRS se midió con SF-36, mientras que Geriatric Depression Scale y Short Anxiety Screening Test determinaron síntomas de depresión y ansiedad. El análisis consistió de prueba T y regresiones lineales múltiples. RESULTADOS: Ancianos con síntomas de depresión reportaron puntuaciones más bajas en todas las escalas de CVRS; una red más grande de familiares y amigos se asoció con mejor CVRS en varias escalas. Vivir solo no afectó la CVRS en grupos de estudio y comparación. CONCLUSIONES: Existe una asociación positiva de algunos
The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the Bald Eagle Haliaeetus leucocephalus, the national symbol of the USA. Later the Act was amended to ...
Ray, James V; Kimonis, Eva R; Donoghue, Christine
With its ever-growing penetration of remote regions of the world, the Internet provides great opportunity for conducting research. Beyond clear advantages such as increased cost-effectiveness and efficiency in collecting large samples, Internet-based research has proven particularly useful in reaching hidden or marginalized populations who engage in illegal or deviant behaviors. However, this new medium for research raises important and complex legal, ethical, and methodological/technological issues that researchers must address, particularly when studying undetected criminal behaviors. The current paper chronicles various issues that were encountered in the implementation of an active Internet-based pilot research study of child pornography (CP) users. Moreover, this study was undertaken to address a critical gap in the existing research on CP offending, which has to date primarily focused on incarcerated or convicted samples. The Internet provides the optimal medium for studying community populations of CP users, given that it has become the primary market for CP distribution. This paper is designed to serve as a guide for researchers interested in conducting Internet-based research studies on criminal and sexually deviant populations, particularly CP offenders. Several recommendations are offered based on our own experiences in the implementation of this study. Copyright 2009 John Wiley & Sons, Ltd.
José A. Pacho Saavedra
Full Text Available Muchas de las lesiones de la mucosa en la cavidad bucal están relacionadas con trastornos anatómicos y funcionales de los órganos del aparato digestivo; algunas forman parte del cuadro clínico de la entidad y otras aparecen como complicaciones de estas. Generalmente son de orígenes inmunológicos, nutricionales o carenciales. Estas lesiones son difíciles de tratar, por lo que es importante conocer las características clínicas que faciliten una adecuada interpretación y al mismo tiempo ofrecer una conducta terapéutica correcta. Se presenta una revisión actualizada de las características semiológicas de las lesiones bucales que forman parte del cuadro clínico de diversas enfermedades digestivas, con el fin de que los médicos generales, clínicos, estomatólogos y gastroenterólogos puedan diagnosticarlas y brindar mejor orientación y tratamiento a los pacientes.Many of the lesions of the mucosa in the oral cavity are related to anatomical and functional disorders of the organs of the digestive system. Some of them are part of the clinical picture of the entity and others appear as complications of them. Generally, they have an immunological, nutritional, or deficiency origin. These lesions are difficult to be treated and that's why it is important to know the clinical characteristics making easy an adequate interpretation, and to follow a suitable therapeutic conduct at the same time. An updated review of the semiological features of the oral lesions corresponding to the clinical picture of diverse digestive diseases is presented, so that the general physicians, clinicians, stomatologists and gastroenterologists be able to diagnose and give a better guidance and treatment to the patients.
Zydney, Janet Mannheimer; Hooper, Simon
Educators can use video to gain invaluable information about their students. A concern is that collecting videos online can create an increased security risk for children. The purpose of this article is to provide ethical and legal guidelines for designing video-based apps for mobile devices and the web. By reviewing the literature, law, and code…
Aleksandra Maksimovska Veljanovski
Full Text Available During the 2008–2013 period, a wave of fresh ideas for introducing performance-based budgeting (PBB occurred in the region of South-Eastern Europe. Based on a theoretical framework and empirical assessment using novel methodology, this study examines the preconditions and assesses the capacities for introducing PBB in South-Eastern European (SEE countries. Generally, SEE countries have demonstrated moderate progress in implementing elements of performance budgeting. All of them follow a similar approach to embarking on these reforms, but with a different policy attention to certain aspects. On the other hand, SEE countries with limited progress demonstrate strong political commitment to kick-start this area by investing in the development of budget administration skills. The study conveys a balanced mix of political, legal, administrative and economic analysis of the core elements of PBB. The novel idea of introducing a simpler model of PBB in SEE is examined. To the best of our knowledge, this is the first systematic attempt to provide a comprehensive analysis of the institutional arrangements and prospects for adopting PBB in the region of South-Eastern Europe.
Information systems implementing requirements from laws and regulations, such as taxes and social benefits, need to be thoroughly verified to demonstrate their compliance. Several Verification and Validation (V&V) techniques, such as reliability testing, and modeling and simulation, can be used for assessing that such systems meet their legal. Typically, one has to model the expected (legal) behavior of the system in a form that can be executed (simulated), subject the resulting models and th...
Full Text Available The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek and formal law/civil procedure (HIR and Rbg, prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.
Engel, Albert M
In 2009, the government of the province of Ontario, Canada passed new legislation to promote the development of renewable energy facilities, including wind energy facilities in the province. Throughout the legislative process, concerns were raised with respect to the effect of wind energy facilities on human health. Ultimately, the government established setbacks and sound level limits for wind energy facilities and provided Ontario residents with the right to appeal the approval of a wind energy facility on the ground that engaging in the facility in accordance with its approval will cause serious harm to human health. The first approval of a wind facility under the new legislation was issued in 2010 and since then, Ontario's Environmental Review Tribunal as well as Ontario's courts has been considering evidence proffered by appellants seeking revocation of approvals on the basis of serious harm to human health. To date, the evidence has been insufficient to support the revocation of a wind facility approval. This article reviews the legal basis for the dismissal of human-health based appeals.
Herrmann, Janne Rothmar
The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories in ...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....
Herrmann, Janne Rothmar
The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....
A 'Ulysses arrangement' (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on 'competence-insensitive' UAs, which raise the question of the permissibility of overriding the patient's subsequent decisionally competent change of mind on the authority of the patient's own prior agreement. In "The Ethical Justification for Ulysses Arrangements", I consider sceptical and supportive arguments concerning competence-insensitive UAs, and argue that there are compelling reasons to give such UAs serious consideration. In "Decisional Competence and Legal Capacity in UAs", I examine the nature of decisional competence and legal capacity as they arise in UAs, an issue neglected by previous research. Using the distinctions which emerge, I then identify the legal structure of a competence-insensitive UA in terms of the types of legal capacity it embodies and go on to explain how types of legal capacity might be shared between the patient and a trusted other to offer support to the patient in the creation and implementation of a competence-insensitive UA. This is significant because it suggests possibilities for building patient support mechanisms into models of legal UAs, which has not addressed in the literature to date. Drawing on this, in "Using Insights from the Competence/Capacity Distinction to Enhance Patient Support in UAs", I offer two possible models to operationalize competence-insensitive UAs in law that allow for varying degrees of patient support through the involvement of a trusted other. Finally, I outline some potential obstacles implementing these models would face and highlight areas for further research.
Carlos Eduardo Paletta Guedes
Full Text Available This article begins with a critical account of Brazilian legal education, devoted to official language and lack of reflexiveness. Any attempt to innovate deserves to be researched. The focus of the study is the discipline “Legal Institutions” taught at the UFJF, which adopts innovative pedagogical methods, especially movies and online platform. Using Martha Nussbaum concept of “cultivating humanity”, empirical-qualitative research was implemented, investigating if this method developed in the students the capacities Nussbaum describes. The data and the qualitative analysis indicate that those innovations have been successful in developing those capacities
This article argues that liability for negligent medical treatment should be predicated upon a standard of care reflecting what is medically and scientifically reasonable. Legal science (jurisprudence) and medical science (evidence-based medicine) should be reconciled to improve patient care and outcomes. The use of antenatal corticosteroids in obstetrics during the 1990s illustrates how most jurisprudence for setting the standard of care for treatment is ill equipped to meet the fundamental aims of tort law. The proliferation of evidence-based medical practice provides a unique opportunity for the law to encourage best medical practice when setting the standard of care for treatment. It is argued that, eventually, the law should recognise clinical practice guidelines as the prima facie standard of care for treatment. This will provide legal certainty, appropriate medical practitioner accountability, and ultimately improve patient care and outcomes.
Gaal, John; Glazier, Michael S.; Evans, Thomas S.
Explores the legal issues surrounding pay disparities between men and women in intercollegiate coaching, including how courts have treated disparate wage claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, and Title IX, and the defenses used by institutions. Offers suggestions for defending claims and a detailed review of…
Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.
presentation, I will focus on how the group included legal matters in the new letters, and how the pilot project group involved legal advice in their considerations. I will also discuss how and when to introduce legal advice in the letter editing process, drawing on the experiences of the group members......, interviewing central participants in the pilot project, and by carrying out a small questionnaire based survey and a series of interviews with members of the letters’ target group. One of the most prevalent challenges addressed by the group was how to make sure to address legal matters properly. In my...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...
Elso Manuel Cruz Cruz
Full Text Available El estudio de biomarcadores, o marcadores biológicos para el diagnóstico y seguimiento al tratamiento de enfermedades, constituye referente frecuente en la literatura científica biomédica actual. Se realizó una revisión bibliográfica empleando los recursos disponibles en la red Infomed, específicamente Ebsco, The Cochrane Librery, PubMed, Hinari y SciELO, a través de los cuales se accedieron a las bases de datos: MEDLINE, Academic Search Premier, MedicLatina y Scopus. Se recopilaron varios artículos científicos, donde se hace referencia al empleo de biomarcadores en el diagnóstico de enfermedades relacionadas con el sistema nervioso. El factor de crecimiento endotelial, la inmunoglobulina G (IgG y el sistema arginina - óxido nítrico - citrulina, se refieren como indicadores prematuros de la hemorragia subaracnoidea. La disminución del amiloide beta y el aumento de las concentraciones de proteína tau en el líquido cefalorraquídeo, se cuentan entre los biomarcadores más prometedores e informativos que indiquen precozmente el Alzheimer y otras enfermedades neurodegenerativas. Estos mismos marcadores se comportan de manera contraria a nivel plasmático. La copeptina es un biomarcador fácilmente medible, que refleja la situación de estrés a la que está sometido el organismo y se propone su uso en el diagnóstico del síndrome de Burnout; además, niveles aumentados de α-amilasa y cromogranina A (CgA salivales pueden también ser utilizadas como indicadores de este síndrome. Se logró recoger en este artículo un compendio de ejemplos de marcadores biológicos, utilizados en el diagnóstico de enfermedades relacionadas de alguna forma con el sistema nervioso
Klein, Carolina A; Kandel, Surendra
The Internet has increasingly become an intrinsic part of everyday life, offering countless possibilities for education, services, recreation, and more. In fact, an entire virtual life within the digitalized World Wide Web is possible and common among many Internet users. Today's psychiatrists must therefore incorporate this dimension of human life into clinical practice, to achieve an adequate assessment of the tools and risks available to the patient. We focus on the Internet as a portal for the trade of and access to substances of abuse. We review the legal regulations that may inform care and standards of practice and analyze the difficulties that arise in assessment and monitoring of the current situation. We consider the potential impact of Internet-based narcotics trade on addiction morbidities and the practice of clinical psychiatry, as well as on the potential legal implications that the forensic expert may face.
Di Minin, Enrico; Laitila, Jussi; Montesino-Pouzols, Federico; Leader-Williams, Nigel; Slotow, Rob; Goodman, Peter S; Conway, Anthony J; Moilanen, Atte
Between 1990 and 2007, 15 southern white (Ceratotherium simum simum) and black (Diceros bicornis) rhinoceroses on average were killed illegally every year in South Africa. Since 2007 illegal killing of southern white rhinoceros for their horn has escalated to >950 individuals/year in 2013. We conducted an ecological-economic analysis to determine whether a legal trade in southern white rhinoceros horn could facilitate rhinoceros protection. Generalized linear models were used to examine the socioeconomic drivers of poaching, based on data collected from 1990 to 2013, and to project the total number of rhinoceroses likely to be illegally killed from 2014 to 2023. Rhinoceros population dynamics were then modeled under 8 different policy scenarios that could be implemented to control poaching. We also estimated the economic costs and benefits of each scenario under enhanced enforcement only and a legal trade in rhinoceros horn and used a decision support framework to rank the scenarios with the objective of maintaining the rhinoceros population above its current size while generating profit for local stakeholders. The southern white rhinoceros population was predicted to go extinct in the wild rhinoceros population above its current size was to provide a medium increase in antipoaching effort and to increase the monetary fine on conviction. Without legalizing the trade, implementing such a scenario would require covering costs equal to approximately $147,000,000/year. With a legal trade in rhinoceros horn, the conservation enterprise could potentially make a profit of $717,000,000/year. We believe the 35-year-old ban on rhinoceros horn products should not be lifted unless the money generated from trade is reinvested in improved protection of the rhinoceros population. Because current protection efforts seem to be failing, it is time to evaluate, discuss, and test alternatives to the present policy. © 2014 The Authors. Conservation Biology published by wiley
Conclusiones: La mitad de los episodios de IRA intrahospitalaria se relacionaron con medicamentos. Los pacientes con IRA relacionada con medicamentos presentaron más antecedentes patológicos cardiovasculares, pero menos factores de riesgo de IRA y una menor mortalidad.
The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study two...... texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations....... In the conclusion, hypotheses for further investigation of knowledge dissemination in the field of law are formulated....
The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...
Infecções relacionadas à assistência a saúde baseada em critérios internacionais, realizada em unidade neonatal de cuidados progressivos de referência de Belo Horizonte, MG Notification of healthcare associated infections based on international criteria performed in a reference neonatal progressive care unity in Belo Horizonte, MG
Roberta Maia de Castro Romanelli
Full Text Available OBJETIVO: Descrever a ocorrência de infecções relacionadas à assistência à saúde em uma unidade neonatal de serviço público de referência em Belo Horizonte, MG, baseando-se em critérios internacionais. MÉTODOS: Trata-se de estudo descritivo, realizado por busca ativa, na Unidade Neonatal de Cuidados Progressivos do Hospital das Clínicas da Universidade Federal de Minas Gerais (HC/UFMG, de 2008 a 2009. A notificação de infecções baseou-se nos critérios do National Healthcare Safety Network (NHSN. O banco de dados e análise foi realizado em programa interno do serviço. RESULTADOS: Foram notificados 325 episódios de infecção nos recém-nascidos, com densidade de incidência de 22,8/1.000 pacientes-dia e incidência proporcional geral de infecção de 36,7%. A sepse foi a principal infecção (62,5% notificada. A densidade de incidência de infecções foi maior em neonatos com peso menor que 750g (42,4/1.000 pacientes-dia. Observou-se 18,15 episódios de Sepse Relacionada a Cateter/1.000 Cateter Venoso Central-dia e 19,29/1.000 episódios de Sepse Relacionada a Cateter Umbilical/1.000 Cateter umbilical-dia. Em 122 (37,5% casos de infecção notificada houve isolamento de microorganismos, predominando Staphylococcus coagulase negativo e Staphylococcus aureus (51 casos. A mortalidade e letalidade foram 4,3% e 17,12%, respectivamente. CONCLUSÃO: A utilização de critérios padronizados para notificação de infecções é necessária para a construção de indicadores em neonatologia, que são escassos no país e ressaltam a necessidade de avaliação dos critérios nacionais propostos pela Agencia Nacional de Vigilância Sanitária (ANVISA. OBJECTIVE: To describe occurence of Healthcare Related Infections in a neonatal unit of public reference service in Belo Horizonte-MG, based on international criteria. METHODS: This is a descriptive study, performed by active searching, in the Progressive Care Unit Neonatal Hospital das
Vanessa Edy Dagnoni Mondini
Full Text Available The objective of the study is to analyze the scientific literature related to satisfaction in online courses. Through a bibliometric analysis, articles published from 2009 to 2014 relating to the terms "satisfaction" and "online courses" were found in the research base Web of Science. 25 articles were analyzed using the criteria: (i countries of publications; (ii authors; (iii amount of publications per author; (iv number of citations in the research base; (v content; (vi methodology; (vii variables of satisfaction measurement (viii conclusions; (ix suggestions for future research. The results showed a concentration of US research on the topic and a preponderance of quantitative methods of data collection and analysis. The variables most connected to online course satisfaction were: the student / teacher interaction, the use of information and communication technologies (ICTs and the behavioral characteristics of students such as self-confidence and anxiety. In general, the articles indicated that the speed and quality of feedback provided by teachers, environment with good instructional design and self-confidence to study alone and use technology are fundamental to the satisfaction of students in online courses.
Mohammad Reza Rezaeian Koochi
Full Text Available As one of their main functions to maintain political power, ruling dynasties in Iran always tried to establish social security and confront any events that might disrupt stability in the country. Therefore, various penalties had been meted out for perpetrators of such phenomena including social unrest, robbery, acting in disobedience to the orders of the Shah and other officials, disruption to economic activities and financial affairs of the people, murder, rape, drunken brawls in public places, and the like. These punishments were performed in various manners by non-religious jurisdictions or at the behest of the Shah, local rulers, or other security officials without any established procedures. Most of the punishments were based on the expediency of the government rather than the expediency of religion or jurisprudence. Rulers determined the manner of punishment on the basis of popular preferences. This type of conventional punishment, as opposed to legal or religious punishment, was quite common during the Qajar era, as a tool for countering the widespread social unrest. This has been reflected in the chronicles of many historians and in the diaries written by many European tourists visiting Iran during the period. The present study deals with various types of punishment of criminals and the manner of practicing such punishments during the Qajar era before the Constitutional Revolution. Findings of the study show that the punishments in the period were not based on any legal standards and that decisions of the Shah and other government officials determined the manner of performing punishments, often with much violence and harshness.
for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...
Mulcahy, Daniel M.
animals often mask the signs of infection to avoid attracting predators (Wobeser 2006). Guidance specific to sterilization of electronic devices for implantation is limited in the wildlife record (Burger et al. 1994; Mulcahy 2003). Few biologists have been formally trained in aseptic technique, but most biologists know that electronic devices should be treated in some way to reduce the chance for infection of the host animal by bacteria, viruses, parasites, and fungi. Most biologists (73%) who implant devices into fishes believe aseptic techniques are important (Wagner and Cooke 2005). However, I maintain that many biologists find it difficult to place the concept of asepsis into practice in their work because of confusion about what constitutes aseptic technique, a lack of surgical knowledge and training, the perception of increased costs, or the belief that aseptic surgeries are impractical or unnecessary for their application. Some have even argued that, while compromising surgical techniques in the field might result in complications or mortalities, the money saved would allow for a compensatory increase in sample size (Anderson and Talcott 2006). In this paper I define aseptic surgical techniques, document the legal and professional guidance for performing aseptic surgeries on wild animals, and present options for sterilizing electronic devices and surgical instruments for field use.
Methods: Relevant articles retrieved via PubMed/MEDLINE and Google scholar search engines were used. Results: This review found that, medical practitioners are directly or vicariously liable in professional negligence in hospital-based transfusion injuries. The potential weaknesses in hospital-based blood transfusion ...
Johann C Knobel
Full Text Available The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the Bald Eagle Haliaeetus leucocephalus, the national symbol of the USA. Later the Act was amended to extend protection also to the Golden Eagle Aquila chrysaetos. The Bald Eagle was an Endangered Species, but the Golden Eagle was not formally listed as Endangered nationwide in the USA. One of the reasons for extending legal protection to the Golden Eagle under the Act was to strengthen the legal protection of the Bald Eagle, because immature Bald Eagles were being misidentified as Golden Eagles and shot. Additional factors relating to Golden Eagle mortality also made legal protection of the Golden Eagle desirable. The danger that a rare and legally protected species can be misidentified and mistaken for a more common and unprotected species can therefore serve as a reason for bestowing legal protection on the more common species as well. Other factors may also indicate that legal protection of the more common species is desirable, making the case more compelling. If this line of reasoning is applied in respect of South African birds of prey, a strong case can be made in favour of extending legal protection under the national biodiversity legislation to more species than the small number of species currently enjoying such protection. Species that are listed as Vulnerable under South African national biodiversity legislation may be misidentified as species that are not subject to such protection. Additional factors are also present that make such an extension of legal protection desirable.
Jesús Ignacio Castro Salazar
Full Text Available En este artículo se diserta sobre la pluralidad y las lagunas jurídicas en las áreas naturales protegidas en México, por considerarlas un instrumento de conservación clave para cientos de especies y ecosistemas. El estudio se realizó a escala nacional con base en la legislación vigente hasta finales de 2015, con el objetivo de identificar las lagunas legales relacionadas con dichas áreas; primero se presenta el estado del arte y el enfoque teórico-conceptual que guió al estudio, y luego se describe la metodología empleada, basada principalmente en análisis de contenido. También se muestran los resultados y las discusiones sobre la pluralidad de las leyes en la materia, y además las lagunas existentes en ellas. Entre los primeros destaca que, a pesar de que en casi todos los estados hay áreas naturales protegidas, la mayoría no cuenta con leyes para su regulación, y también sobresale que muchas autorizan el autoconsumo, aunque no lo definen.
Hildering, Antoinette; Keessen, Andrea M.; Rijswick, H.F.M.W. van
The successful protection of marine and freshwater areas and ecosystems, including specially protected areas, is highly dependent on the effectiveness of an integrated approach to prevent and combat land-based pollution. Several legal regimes have been developed to regulate and solve this kind of
Lisett D. Páez Cuba
Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.
Di Minin, Enrico; Laitila, Jussi; Montesino-Pouzols, Federico; Leader-Williams, Nigel; Slotow, Rob; Goodman, Peter S; Conway, Anthony J; Moilanen, Atte
Between 1990 and 2007, 15 southern white (Ceratotherium simum simum) and black (Diceros bicornis) rhinoceroses on average were killed illegally every year in South Africa. Since 2007 illegal killing of southern white rhinoceros for their horn has escalated to >950 individuals/year in 2013. We conducted an ecological–economic analysis to determine whether a legal trade in southern white rhinoceros horn could facilitate rhinoceros protection. Generalized linear models were used to examine the socioeconomic drivers of poaching, based on data collected from 1990 to 2013, and to project the total number of rhinoceroses likely to be illegally killed from 2014 to 2023. Rhinoceros population dynamics were then modeled under 8 different policy scenarios that could be implemented to control poaching. We also estimated the economic costs and benefits of each scenario under enhanced enforcement only and a legal trade in rhinoceros horn and used a decision support framework to rank the scenarios with the objective of maintaining the rhinoceros population above its current size while generating profit for local stakeholders. The southern white rhinoceros population was predicted to go extinct in the wild Costo Económico con Referencia Espacial y de Beneficio a la Biodiversidad y la Efectividad de una Estrategia de Determinación de Costos Resumen Entre 1990 y 2007, en promedio fueron cazados ilegalmente cada año 15 rinocerontes sureños blancos (Ceratotherium simum simum) y negros (Diceros bicornis) en Sudáfrica. Desde 2007 la caza ilegal de rinocerontes sureños blancos por su cuerno ha escalado a más de 950 individuos al año en 2013. Llevamos a cabo un análisis ecológico-económico para determinar si el comercio legal de cuerno de rinoceronte sureño blanco podría facilitar la protección del rinoceronte. Se usaron modelos lineales generalizados para examinar a los conductores socio-económicos de la caza furtiva, con base en datos colectados desde 1990 hasta 2013, y
Rachel Ann Barry
Full Text Available Rachel Barry and Stanton Glantz argue that a public health framework that prioritizes public health over business interests should be used by US states and countries that legalize retail marijuana.
Narcis Eduard MITU; Alia Gabriela DUŢĂ
The legal relationship is a patrimonial or non-patrimonial social relationship regulated by a rule of law. Any legal relationship is a social relationship, but not any social relationship is a legal relationship. The law maker has the power to select, of the multitude of human relationships, those who gives importance in terms of legal perspective, encoding them through legal regulations.
Boer, A.; van Engers, T.
To address agility in public administration, we have developed a knowledge acquisition infrastructure for legal knowledge, based on an implementation-oriented conceptualization of the legal system. Our objective is to reframe legal knowledge as a knowledge source in a design-oriented task ontology,
Full Text Available Cell-based therapies have been in use in veterinary medicine for years. However, the legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals are not as well developed as the respective requirements of chemical pharmaceuticals. Cell-based veterinary pharmaceuticals are medicinal products in the sense of the pharmaceutical law of the European Union (EU. For that reason, such medicinal products principally require official approval for their manufacture and an official marketing authorisation for their placement on the market before being used by the veterinarian. The manufacture, placing on the market and use of cell-based veterinary pharmaceuticals without manufacturing approval and marketing authorisation is permitted only in certain exceptional cases determined by EU and individual Member State law. Violations of this requirement may have consequences for the respective veterinarian under criminal law and under the code of professional conduct in the respective Member State. The regular use of cell-based veterinary pharmaceuticals within the scope of a therapeutic emergency as well as the import of such veterinary pharmaceuticals from non-European countries for use in the EU are currently out of the question in the EU because of a lack of legal bases. Here, we review the general legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals within the EU and point out different implementations of EU law within the different Member States.
Full Text Available The successful protection of marine and freshwater areas and ecosystems, including specially protected areas, is highly dependent on the effectiveness of an integrated approach to prevent and combat land-based pollution. Several legal regimes have been developed to regulate and solve this kind of pollution on the international level as well as on the European level. Therefore, this integrated approach requires coherence between European and international legal regimes and between the regulation of freshwater and the seas. An effective legal regime should provide clear goals and clear responsibilities and take into account the relevant impacts and pressures and the transboundary elements of the action against pollution of the sea from land-based source areas, and therefore respond to the need for cooperation between states and the need for an integrated approach to regulate all impacts and pressures that could influence the goals and targets for the specific protected areas. Integrated programmes of measures are necessary and so are arrangements for cooperation and dispute settlement. The protection of the Mediterranean Sea is taken as an example of the integrated ecosystem approach to protect marine regions. The article focuses on pollution caused by land-based sources. The combined rights and obligations under EU law and international law – in particular the Barcelona Convention – are discussed, as well as the required integrated approach towards the marine environment. Existing legal protection regimes for marine regions and river basin catchment areas in both international and European law are analyzed in order to identify the promises and challenges for a coherent legal regime.
On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method......On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method...
The purpose of this article is to describe the legal framework for controlling mosquito vectors of diseases transmissible to human beings in certain locations such as Reunion Island. A distinction is made between general legal measures for insect vector control and specific measures for mosquito control. Regionalization is a major factor in the legal framework for insect vector control, thus limiting the scope of action by the prefecture. Another factor involves the increasing role of an important new player, i.e., the regional health agencies. Mosquito vector control raises the need to impose and enforce measures on the general public as well as private citizens. Failure to comply with these measures is punishable by sanctions and fines with no diminishing effect on de jure implementation of control measures by public agencies.
Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen
This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances.
Turdimurat M. Tursunmuratov
Full Text Available The author analyses the European Union’s foreign policy in Central Asia. He indicates the basic tendencies of development of the EU cooperation with the countries of Central Asian region. Further, the author analyzes the implementation of joint projects within the framework adopted by the Partnership Agreements. Based on a critical analysis, the researcher highlights a number of constraints to effective development of relations between the EU and Central Asian states. He carries out a structural analysis of conceptual documents of the European Union for the development of bilateral and multilateral relations with Central Asian countries in the region. Scientific novelty of this work lies in the systematization of stages in the evolution of relations between the European Union and the countries of Central Asia. The author divides the formation of cooperation into four main stages. The first stage of the relations between the EU and the countries of Central Asia includes conceptual framework of the legal regulatory structure of bilateral and multilateral cooperation. The second stage is characterized by the realization of a number of joint projects in the field of transport communications, democratic transformations, regional security and stability. The third stage of the relations is determined by acquiring of special geographical significance of the region of Central Asia resulting from the engagement of the International Security Assistance Force in Afghanistan in 2001. The fourth stage has begun in 2015 with the adoption of the EU Strategy for a New Partnership with Central Asia for 2017-2021. These studies serve as a basis for developing some important proposals and recommendations for the improvement of the effectiveness of cooperation between the parties.
This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....
Decker, Janet R.; Pazey, Barbara L.
Allegations of improper discipline are commonly the focus of special education litigation filed against school districts. Because ignorance of the law is no defense, administrators and educators must understand special education law. Yet many educators receive little to no legal training. To address the lack of training and prevent future…
Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first
Marcio Bittar Nehemy
Full Text Available A degeneração macular relacionada à idade (DMRI é a principal causa de cegueira legal em indivíduos acima de 50 anos de idade. Embora estudos recentes tenham mostrado que o fator genético é significativo, a patogênese da degeneração macular relacionada à idade permanece obscura, e os fatores de risco não estão ainda completamente estabelecidos. Estudos multicêntricos randomizados, publicados nos últimos anos, demonstraram que uma combinação de vitaminas e minerais é eficaz na redução do risco de desenvolvimento de neovascularização e de progressão para os estágios mais avançados da degeneração macular relacionada à idade. De maneira análoga, a terapia fotodinâmica (PDT e a terapia antiangiogênica também tiveram sua eficácia comprovada no tratamento de membrana neovascular coroideana subfoveal associada à degeneração macular relacionada à idade. Ambas reduzem o risco de perda de visão e, eventualmente, permitem melhora temporária da acuidade visual. Outras modalidades de tratamento, tais como fotocoagulação a laser, remoção cirúrgica da membrana e termoterapia transpupilar (TTT, podem beneficiar apenas um pequeno subgrupo de pacientes. Uma melhor compreensão dos mecanismos fisiopatológicos e dos eventos moleculares nas diversas fases da doença deverão propiciar, em futuro próximo, melhores estratégias para o controle e tratamento da degeneração macular relacionada à idade.Age-related macular degeneration (ARMD is a major source of legal blindness in individuals older than 50 years. Even though recent reports suggest that genetics plays an important role, its pathogenesis remains puzzling and the risk factors for its occurrence are not completely established. Vitamin and mineral supplementation reduced the risk of development of choroidal neovascularization (CNV or progression to the most advanced stages of age-related macular degeneration. Photodynamic therapy (PDT and antiangiogenic therapy
Andrey Valeryevich Skorobogatov
Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp
Erika de Souza Guedes
Full Text Available Os objetivos do estudo foram descrever a disposição sobre o Processo de Enfermagem (PE e a percepção de poder clínico dos profissionais de enfermagem; analisar associações entre atitudes relacionadas ao PE e variáveis selecionadas. Participaram 1.605 auxiliares de enfermagem e enfermeiros (86,9% mulheres, idade média 44,12 anos; DP=9,55. O escore médio no instrumento Posições sobre o Processo de Enfermagem (PPE foi 112,37 (DP=22,28 e no Power as Knowing Participation in Change Tool - versão brasileira (PKPCT foi 281,12 (DP= 38,72. Os escores nos instrumentos foram mais altos para enfermeiros quando comparados aos auxiliares. Houve correlação positiva moderada entre escores do PPE e PKPCT. Para os auxiliares houve associação entre os escores no PPE, sexo e pós-graduação; e entre percepção de poder e sexo. Para os enfermeiros houve associação entre PKPCT e cargo de chefia. Mais estudos devem ser desenvolvidos com vistas a identificar variáveis potencialmente associadas ao uso do Processo de Enfermagem na prática clínica.
Breland, Hunter M.; Hart, Frederick M.
This study examined legal writing as it was represented in legal memoranda prepared by first-semester law students at 12 different law schools. The study was based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at the Educational Testing Service, and two legal consultants. A…
Thaysen, Jens Damgaard
This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....
І. M. Alieksieieva
Full Text Available One of the distinguishing features of man as a biological individual who is able to comprehend meaningfully the reality surrounding him and manage his actions is consciousness. Depending on the scientific-theoretical approaches or applied needs, it is customary to apply a certain differentiation of definitions of the concept of consciousness, for example, everyday or political, individual or mass, the consciousness of school or student youth, and other. One of its varieties, perhaps the most important at the present stage of development of society and statehood, is the legal consciousness of man. The problem of the formation and functioning of the human sense of justice is one of the most popular and constantly developed in a number of scientific fields. The purpose of the work is to study the state of scientific knowledge of the legal consciousness and legal culture of student, future pharmacists in the context of legal education in the university. Materials and methods. According to a specific goal, the research was based on the analysis of international and national legislation, the database of scientific research developments of the National Library of Ukraine V.I. Vernadsky, the study of author's scientific works and professional publications on the formation of consciousness, legal consciousness and legal culture of youth, in particular, student. Methods of research - bibliographic, linguistic, comparative analysis, content-legal analysis. Results. The basic link of society is a person, as a biological individual, to which such mental entities as mind, consciousness and will are inherent. These qualities enable it to critically perceive the surrounding being, to realize and determine its place in the society, to program its perspective and direct its actions according to a specific goal. A specific form of consciousness is legal consciousness (legal awareness - the system of reflecting the legal reality in views, theories, concepts
Di Minin, Enrico; Laitila, Jussi; Montesino Pouzols, Federico; Leader-Williams, Nigel; Slotow, Rob; Goodman, Peter; Conway, Anthony; Moilanen, Atte
Between 1990 and 2007, 15 southern white (Ceratotherium simum simum) and black (Diceros bicornis) rhinoceroses on average were killed illegally every year in South Africa. Since 2007 illegal killing of southern white rhinoceros for their horn has escalated to >950 individuals/year in 2013. We conducted an ecological-economic analysis to determine whether a legal trade in southern white rhinoceros horn could facilitate rhinoceros protection. Generalized linear models were used to examine the s...
Munthe, Christian; Nielsen, Morten Ebbe Juul
identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment......This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...
Juan Carlos Quintana Díaz¹
Full Text Available Se realiza un estudio para analizar la incidencia de las fracturas maxilofaciales relacionadas con el deporte en los años 1991 al 1993. Se encontró que éstas correspondían al 7,1 % del total; fueron más frecuentes en el sexo masculino y en el grupo de edad de 15 a 24 años. El beisbol fue el deporte que más casos aportó a nuestro estudio; le siguieron el kárate y el baloncesto. La colisión con otro jugador y las caídas fueron las causas más frecuentes. La región nasal fue la más afectada con el 32,5 %. Se recomienda el correcto uso de los medios de prevención de: fracturas faciales, accidentes deportivos, traumatismos faciales y fracturas nasales.The authors carried out a study to analyze the incidence of maxillofacial fractures related to sports from 1991 to 1993. It was found that these were correspondent with 7,1 % of the total of fractures; that were more frequent in masculine sex, and in the 15 to 24 years old age group. Baseball was the sport that brought more cases to the study, followed by martial arts and basketball. Collisions with another players, and downfalls, were the most frequent causes. The nasal region was the most effected one, with 32,5 %. The authors recommend the correct usage of prevention media to avoid facial fractures, sports accidents, facial traumas and nasal fractures.
Parcels and Land Ownership, Parcel boundaries for Johnson County Kansas based off of legal description. Used to show spatial reference to parcel boundaries of Johnson County Kansas., Published in 2007, Johnson County Government.
NSGIC Local Govt | GIS Inventory — Parcels and Land Ownership dataset current as of 2007. Parcel boundaries for Johnson County Kansas based off of legal description. Used to show spatial reference to...
Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven
The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...
Maria Aparecida Alkimim
Full Text Available This paper, with methodology of philosophical, bibliographical and documentary research intends to apply the principle of dignity of human person to the vicissitudes around the advance directives of will, to the ethical aspects disciplined by the Code of Medical Ethics, as well as to what regards the legal aspects, involving the Federal Constitution, the Civil Code, the Code of Medical Ethics and the Resolution 1995/2012 (CFM. The principle of dignity of human person along with the consequent application in the principles of bioethics is considered in a personalistic perspective. This kind of approach is indicative of the interdisciplinarity of bioethics.
A discussion of legal and administrative language, and the necessity for accurate translation of this language in the field of international relations. Topics treated are: characteristic features of legal and administrative terminology; the interpretation of it; and the technique of translating legal and administrative texts. (AMH)
Renata Virginia González-Consuegra
Full Text Available El presente artículo hace una revisión bibliográfica que se inicia con un recorrido de la evolución del concepto de calidad de vida (CV y su aplicación en salud, el cual debe su importancia a la forma más amplia en que es concebido el estado de salud personal, al contener implícito el bienestar social, lo que ha generado el desarrollo de medidas que permiten captar la salud en sus dimensiones múltiples y también positivas, como las de salud percibida o de calidad de vida relacionada con la salud (CVRS. La medición de la CVRS ha mostrado su utilidad en la investigación, en la práctica clínica, en la evaluación de los servicios sanitarios y en salud pública, lo que permite -en gran medida- contribuir a mejorar la gestión del cuidado. Con el paso del tiempo y la evolución tecnológica, la esperanza de vida ha ido en aumento, con el consiguiente envejecimiento de la población, siendo frecuente la presencia de enfermedades crónicas y metabólicas que, en muchos casos, traen consigo la presencia de heridas crónicas (HC de difícil manejo, que afectan negativa y considerablemente la CVRS de la población mayor de 65 años, especialmente femenina. La literatura reciente, es profusa respecto a los diferentes instrumentos para la medición de CVRS, por lo que se hace necesario conocer de qué disponemos para poder hacer uso de las herramientas adecuadas, según la condición de salud de la persona, a fin de aproximarse a las necesidades reales de las personas a nuestro cuidado. La mayoría de las herramientas de medición de CVRS se han desarrollado en Europa y Estados Unidos, lo que exige que para ser utilizadas en poblaciones distintas a las de su origen se cumpla con la adaptación y validación respectiva, a fin de que sus resultados reflejen la percepción real de la población.
Dartagnan Pinto Guedes
Full Text Available OBJETIVO: El objetivo del presente trabajo es determinar diferencias en relación con el sexo, la edad y el país de origen, en los componentes de la calidad de vida relacionada con la salud (CVRS, en una muestra de adolescentes de tres ciudades localizadas en Argentina, Brasil y Chile, utilizando datos recogidos mediante un cuestionario validado y reconocido internacionalmente: el KIDSCREEN-52. MÉTODOS: Se aplicó el cuestionario KIDSCREEN-52 a 1 357 adolescentes con edades comprendidas entre 12 y 17 años (48,6% varones en muestras seleccionadas en los tres países. Se utilizó el análisis de varianza univariada (ANCOVA y se identificaron diferencias entre países de los adolescentes, sexo y edad en cada componente de CVRS. RESULTADOS: Los datos indican diferencias significativas en componentes específicos de CVRS entre los tres países. Los varones consiguieron puntuaciones significativamente más elevadas que las mujeres en los componentes Bienestar físico (P < 0,001, Bienestar psicológico (P = 0,019, Estado de ánimo y emociones (P < 0,001, Autopercepción (P = 0,001, Autonomía (P < 0,001 y Relación con los padres y vida familiar (P = 0,008. Las puntuaciones medias atribuidas a los componentes Bienestar físico (P = 0,001, Bienestar psicológico (P = 0,001, Autopercepción (P = 0,038, Autonomía (P = 0,001, Relación con los padres y vida familiar (P = 0,001, Entorno escolar (P = 0,001 y Recursos económicos (P = 0,022 muestran un descenso significativo con el avance de la edad; en cuanto al componente Rechazo (social/bullying, los puntajes medios encontrados aumentaron significativamente con la edad (P < 0,001. CONCLUSIONES: Las evidencias encontradas sugieren que las intervenciones en prevención y promoción de la salud deberían ser concebidas para llegar a los grupos-objetivo específicos y tendrían que contemplar acciones de acuerdo con el sexo y la edad de los adolescentes.
Taylor, Mark J
The disclosure of confidential patient data without an individual's explicit consent should be for purposes that persons have reason to both expect and accept. We do not currently have the required level of clarity or consistency in understanding regarding the disclosure of confidential patient information for public health purposes to support effective public dialogue. The Health Service (Control of Patient Information) Regulations 2002 establish a legal basis in England and Wales for data to be disclosed for public health purposes without patient consent. Under the Regulations, there is more than one potential route towards lawful processing: Data may be processed for public health purposes under both Regulations 3 and 5. The alternatives have different safeguards and conditions attached, and their respective applicability to processing for purposes of public health improvement is currently unclear and subject to review. Beyond the need for clarity regarding the safeguards applicable to processing for particular public health purposes, there are reasons to prefer recognition that Regulation 5 is the most appropriate legal basis for disclosure when the purpose is public health improvement rather than public health protection. Where health improvement, rather than protection, is the aim, there is no justification for discarding the additional safeguards associated with processing under Regulation 5. © The Author 2015. Published by Oxford University Press.
Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.
Ladd, S.C.; Krause, U.; Ladd, M.E.
The legal and medical basis for chest radiographs as part of pre-employment examinations (PEE) at a University Hospital is evaluated. The radiographs are primarily performed to exclude infectious lung disease. A total of 1760 consecutive chest radiographs performed as a routine part of PEEs were reviewed retrospectively. Pathologic findings were categorized as ''nonrelevant'' or ''relevant.'' No positive finding with respect to tuberculosis or any other infectious disease was found; 94.8% of the chest radiographs were completely normal. Only five findings were regarded as ''relevant'' for the individual. No employment-relevant diagnosis occurred. The performance of chest radiography as part of a PEE is most often not justified. The practice is expensive, can violate national and European law, and lacks medical justification. (orig.) [de
Betancourth, Sonia; Zambrano, Christian; Ceballos, Ana Karen; Benavides, Vanessa; Villota, Nixon
ResumenLas habilidades sociales son repertorios de comportamientos que los seres humanos utilizan para enfrentar diferentes situaciones de su vida, así como para establecer relaciones interpersonales de calidad. El objetivo del presente estudio es describir las habilidades sociales relacionadas con el proceso de comunicación en estudiantes de grado décimo, de un colegio ubicado en el sur occidente Colombiano, a través de la Escala Habilidades Sociales Relacionadas con el proceso de comunicaci...
А. А. Kablukov
Full Text Available Legal training of medical workers is an urgent problem that must be solved in order to improve the comprehensive process of teaching students at the Ukrainian medical schools. An example of implementation the initial stage of legal training for medical students based on existing training programs, within existing departments is described in this article. The acquisition of the primary skills for students in fi nding and selecting the legal documents and the ability to navigate skillfully in the chosen material is the result of the introduction of legal content information systemsinto the studying curriculum.
Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven
The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task
Castro,Rodolfo de Almeida Lima; Portela,Margareth C.; Leão,Anna Thereza
O objetivo do presente trabalho foi avaliar criticamente o processo de adaptação transcultural dos principais instrumentos de qualidade de vida relacionados à saúde bucal. Foram realizadas buscas nas bases de dados bibliográficos LILACS e MEDLINE, com o intuito de encontrar estudos que se propuseram a adaptar instrumentos para mensuração de qualidade de vida relacionada à saúde bucal para culturas diferentes daquela em que o instrumento original foi desenvolvido. Vinte e nove artigos foram av...
Dierickx, Sigrid; Deliens, Luc; Cohen, Joachim; Chambaere, Kenneth
Background: In the international debate about assisted dying, it is commonly stated that euthanasia is incompatible with palliative care. In Belgium, where euthanasia was legalized in 2002, the Federation for Palliative Care Flanders has endorsed the viewpoint that euthanasia can be embedded in palliative care. Aim: To examine the involvement of palliative care services in euthanasia practice in a context of legalized euthanasia. Design: Population-based mortality follow-back survey. Setting/participants: Physicians attending a random sample of 6871 deaths in Flanders, Belgium, in 2013. Results: People requesting euthanasia were more likely to have received palliative care (70.9%) than other people dying non-suddenly (45.2%) (odds ratio = 2.1 (95% confidence interval, 1.5–2.9)). The most frequently indicated reasons for non-referral to a palliative care service in those requesting euthanasia were that existing care already sufficiently addressed the patient’s palliative and supportive care needs (56.5%) and that the patient did not want to be referred (26.1%). The likelihood of a request being granted did not differ between cases with or without palliative care involvement. Palliative care professionals were involved in the decision-making process and/or performance of euthanasia in 59.8% of all euthanasia deaths; this involvement was higher in hospitals (76.0%) than at home (47.0%) or in nursing homes (49.5%). Conclusion: In Flanders, in a context of legalized euthanasia, euthanasia and palliative care do not seem to be contradictory practices. A substantial proportion of people who make a euthanasia request are seen by palliative care services, and for a majority of these, the request is granted. PMID:28849727
Based on harsh criticism of legal education by students, offers suggestions for improvement that do not require additional time for law studies, will increase the exposure of students both to law as practice and to law as an intellectual discipline, and involve no greater burden on law schools. A main suggestion involves elimination of teaching…
Article XXIV of the General Agreement on Tariffs and Trade (GATT) lays down the legal principles with which regional trade agreements have to conform. Based on these principles, WTO members have the mandate to determine the legality of Regional Trade Agreements (RTAs) under the GATT. Article XXIV permits both ...
Blume, Peter Erik
This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...... and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law...
Munthe, Christian; Nielsen, Morten Ebbe Juul
This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.
Tatiana Aragão Figueiredo
Full Text Available Legal actions have been playing a significant role as an alternative pathway to access to medicines in Brazil. These lawsuits demand medicines used in Primary Health Care as well as medicines that are still in clinical research and have not been market approved by the Brazilian National Agency for Sanitary Surveillance (ANVISA. The goal was to analyze medicines demanded through lawsuits brought to the judicial district which includes the city of Rio de Janeiro, Brazil, from July/2007 to June/2008. The medicines in 281 lawsuits were examined for their respective indications, classified according to their presence in publicly-funded lists, market approval by ANVISA, compliance with national clinical guidelines, existence of alternative therapies in lists and support of indication by scientific evidence. Six different categories were described, which are deemed useful to managers and the Judiciary in decision-making. The support of evidence is of utmost importance for medicines that are not included in public funding lists and also for those with no available therapeutic alternatives.
Leenes, R.E.; Svensson, Jorgen S.
The legal practitioner is a knowledge worker. Two distinct technologies may be of assistance to this type of professional: legal knowledge‐based system technology and Internet World Wide Web technology. In this paper we investigate the relation between legal knowledge‐based systems and the Internet.
Ganz, Thomas; Braun, Michael; Laging, Marion; Schermelleh-Engel, Karin; Michalak, Johannes; Heidenreich, Thomas
Many intervention efforts targeting student drinking were developed to address US college students, which usually involves underage drinking. It remains unclear, if research evidence from these interventions is generalizable to university and college students of legal drinking age, e.g., in Europe. To evaluate the effectiveness of a translated and adapted version of the eCHECKUP TO GO, applied as stand-alone web-based electronic screening and brief intervention (e-SBI), in German university students at risk for hazardous drinking. A fully automated web-based two-arm parallel-group randomized controlled trial was conducted. Participants were randomized to an e-SBI or assessment-only (AO) condition. The current paper analyzed students with baseline AUDIT-C scores ≥3 for women and ≥4 for men (sample at baseline: e-SBI [n=514], AO [n=467]; 3-month follow-up: e-SBI [n=194], AO [n=231]; 6-month follow-up: e-SBI [n=146], AO [n=200]). The primary outcome was prior four weeks' alcohol consumption. Secondary outcomes were frequency of heavy drinking occasions, peak blood alcohol concentration, and number of alcohol-related problems. Mixed linear model analyses revealed significant interaction effects between groups and time points on the primary outcome after 3 and 6months. Compared to students in the AO condition, students in the e-SBI condition reported consuming 4.11 fewer standard drinks during the previous four weeks after 3months, and 4.78 fewer standard drinks after 6months. Mixed results were found on secondary outcomes. The results indicate that evidence on and knowledge of web-based e-SBIs based on US college student samples is transferable to German university students of legal drinking age. However, knowledge of what motivates students to complete programs under voluntary conditions, although rare, is needed. Copyright © 2017 Elsevier Ltd. All rights reserved.
Raisa Ivis Beltrán Sainz
Full Text Available Se realizó una revisión bibliográfica con el objetivo de ampliar el conocimiento sobre la maculopatía relacionada con la foseta del nervio óptico, su fisiopatología, así como sus principales manifestaciones, diagnóstico clínico, angiográfico y por tomografía de coherencia óptica, y describir algunos de los tratamientos que se han utilizado recientemente a nivel mundial. Se tuvieron en cuenta las tendencias actuales de tratamiento. Se consultaron fundamentalmente artículos científicos de revistas publicados en las bases de datos PubMED y Cochrane, así como textos básicos que abordan este tema en los últimos 5 años, a través de Google como motor de búsqueda. A pesar de que se trata de una enfermedad infrecuente, su manejo suele resultar difícil, especialmente cuando existe afectación macular. En nuestro trabajo constatamos que la mayoría de los estudios utilizan muestras pequeñas, son retrospectivos, no comparativos y no ramdomizados. Sin embargo, se encontraron modalidades de tratamiento que han sido utilizadas por años y más recientemente descripciones de nuevas técnicas que requerirán futuros estudios. No existe un consenso sobre un protocolo ideal de tratamiento para esta entidad.
Chambliss, William; Scorza, Thomas
Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…
Full Text Available The development of alternative dispute resolution procedures raises a number of new problems and questions for jurisprudence and legal practice. Many of these are closely related to the implementation of mediation procedures. Significant attention has been paid in the legal literature to the need for mediators’ legal education. Nowadays a professional lawyer usually performs the functions of a mediator. Nevertheless, in some countries the competence of mediators can be limited. In fact, such persons may be prohibited from providing any legal assistance to the parties. A direct prohibition of this kind exists in Russian legislation. To what degree is this prohibition realistic and reasonable? Different countries enjoy different approaches to the possibility of providing disputing parties with a mediator’s legal assistance in addressing issues requiring legal advice or in the drafting of legal documents. Different approaches to this issue have appeared for various reasons. The absence of consensus is caused by a contradiction between the principle of mediator neutrality in the conflict resolution process and the goals of dispute settlement in which a legally competent intermediary is involved. To ensure the effectiveness of the mediation process, legislators should seek out more flexible ways of regulating procedure. Mandatory regulation itself contradicts the spirit of ‘semi-formal’ alternative (extrajudicial methods for conflict resolution. As such, the presence of direct prohibitions or severe restrictions may not only become challenging in the performance of law but such peremptory norms can also make mediation unattractive and ineffective for some particular types of dispute, such as labor disputes. The principle of preserving a mediator’s neutrality is possible if exercised within the framework of a balanced approach to reasonable limits and discretionary rules for the provision of certain types of legal assistance to disputing
Terrorism is a behavioural flu plaguing the entire world at an alarming rate. Legal prescriptions based on legal prognosis have been in the form of application of sanctions directed against terrorists. Additionally, a hostile attitude to terrorists as reflected in the legal instruments rolled out to contain the dreaded affliction is ...
For the past ten years law students, academics and legal practitioners have relied on AustLII and various internet search engines to conduct legal research. The purpose of this article is to examine what these can offer and to note the importance of other websites when conducting legal research. This article is based on an address given to the…
Díaz Herráiz, Eduardo
El marco teórico hace una revisión de la literatura sobre acoso escolar, su concepción actual y debates sobre su definición, la investigación y los factores de riesgo y protección en el acoso escolar. Además, se analiza y la literatura sobre la calidad de vida relacionada con la salud en los distintos roles que se encuentran en las situaciones de acoso escolar y los efectos en los mismos sobre la calidad de vida relacionada con la salud. Contenido: La metodología y los resultados de la tes...
Bondov S. N.
The article is devoted to the analysis of various approaches to the main definitions of a family law, such as marriage, family, and marriage legal relationship. In the article we profoundly considered the legal aspects of a procedure of marriage as the act of registration of marriage is the basis of emergence of marriage legal relationship. The conditions and the bases of marriage are characterized. We made a conclusion that marriage is a legal fact establishing, changing or stopping the corr...
McCleary, Daniel F.; Rowlette, Emily Fuller; Pelchar, Taylor K.; Bain, Sherry K.
We investigated whether there was a noticeable shift in focus from general to specific learning disabilities, and in the types of articles (narrative or empirically based) in the Journal of Learning Disabilities (JLD) between 1995 to 2000. A pilot study had revealed an increase in empirically based articles and a shift toward specifically…
This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.
Full Text Available Legal hermeneutics (the interpretation of law] has always taken a highly significant place in general hermeneutics. The interpretation of laws involves an intricate task of determining the real meaning or rationale of legal norms. Considering the complexity of this goal, the most frequent classification of legal hermeneutics is based on the interpretation instruments. In traditional theory, the most widely recognized instruments for the interpretation of legal norms are language, logic, legal system, history and purpose of a legal norm. Under the influence of general analytic philosophy, the particular interest in language as the basic instrument for the interpretation of law may be found in mid-20th century. The interest in the language of law is closely related to the study of legal logic and legal argumentation. In theory, there is no dispute about the logical interpretation in a narrow sense which is based on drawing true conclusions by applying the basic rule of formal reasoning. Yet, it has given a head start to argumentation as 'a problem-based reasoning skill' which provides answers to the questions raised in contentious cases. Argumentation is closely associated with the dialectic method of reasoning (which has been widely recognized since the Ancient Greece], where conclusions are based on probable premises. One of the most significant goals of the argumentation theory is to locate the sources or common grounds for developing arguments; these basic argumentative patterns are generally known as 'topoi' or 'loci, sedes argumentorum'. On the other hand, 'topica' is part of rhetoric art dealing with the theoretical explanation of the basic argumentative patterns (topoi] and how they are structured, including the location of new topoi and arguments. The most significant proponents of the topical reasoning are Chaïm Perelman and Theodor Viehweg. Perelman relates topical reasoning to judicial reasoning and considers that specific legal topoi
Frederick Schauer; Barbara A. Spellman
Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociolog...
Hertel, Thomas Klitgaard
This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....
Wall, Terry J.
The theoretical basis of, and practical experience in, legal liability in the clinical practice of radiation oncology is reviewed, with a view to developing suggestions to help practitioners limit their exposure to liability. New information regarding the number, size, and legal theories of litigation against radiation oncologists is presented. The most common legal bases of liability are then explored in greater detail, including 'malpractice', and informed consent, with suggestions of improving the specialty's record of documenting informed consent. Collateral consequences of suffering a malpractice claim (i.e., the National Practitioner Data Bank) will also be briefly discussed
Andrés Pérez Ruiz
Full Text Available Se hace una revisión sobre las hipótesis actuales concernientes a la sensibilidad dentinal, centrando el análisis en las teorías acerca de la presencia de nervios en la dentina, la transmisión del impulso nervioso mediante el odontoblasto y el movimiento de fluidos dentro de la dentina. Por ser la explicación de la sensibilidad de la dentina uno de los más complejos problemas de la fisiología y la histología del diente, se exponen los hechos morfológicos y funcionales que apoyan la validez de los mecanismos mencionados. Se concluye que aunque la teoría hidrodinámica tiene una sólida base experimental y es la de mayor aceptación en la actualidad, pudieran estar involucrados en la génesis del dolor dentinal más de una de estas explicaciones probables.A review of the present hypotheses of dentinal sensitivity was carried out. The analysis was centered on the theories of the existance of nerves in dentin, the transfer of nervous impulse through odontoblast and the fluid flow in the dentin. Since the explanation of dentin sensitivity is one of the most complex problems of dental physiology and histology; the morphological and functional aspects that support the validity of the mentioned mechanisms are stated. It is concluded that although the hydrodynamic theory has a sound experimental basis and is widely accepted at present, more than one of these likely theories could be involved in the genesis of dentinal pain.
Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we
Pomeranz, Jennifer L; Teret, Stephen P; Sugarman, Stephen D; Rutkow, Lainie; Brownell, Kelly D
Context: The law is a powerful public health tool with considerable potential to address the obesity issue. Scientific advances, gaps in the current regulatory environment, and new ways of conceptualizing rights and responsibilities offer a foundation for legal innovation. Methods: This article connects developments in public health and nutrition with legal advances to define promising avenues for preventing obesity through the application of the law. Findings: Two sets of approaches are defined: (1) direct application of the law to factors known to contribute to obesity and (2) original and innovative legal solutions that address the weak regulatory stance of government and the ineffectiveness of existing policies used to control obesity. Specific legal strategies are discussed for limiting children's food marketing, confronting the potential addictive properties of food, compelling industry speech, increasing government speech, regulating conduct, using tort litigation, applying nuisance law as a litigation strategy, and considering performance-based regulation as an alternative to typical regulatory actions. Finally, preemption is an overriding issue and can play both a facilitative and a hindering role in obesity policy. Conclusions: Legal solutions are immediately available to the government to address obesity and should be considered at the federal, state, and local levels. New and innovative legal solutions represent opportunities to take the law in creative directions and to link legal, nutrition, and public health communities in constructive ways. PMID:19298420
Carolina Sass de Haro
Full Text Available Las Etapas de La Gestión del Conocimiento: Perspectivas relacionadas a las cadenas hoteleras - La gestión del conocimiento es una práctica organizativa que produce beneficios para la toma de decisiones. En un mercado cada vez más competitivo como la hotelería, trabajar efectivamente con la información y el conocimiento es importante. A partir de esto, el objetivo de este trabajo es analizar la aplicación de las cuatro etapas de la gestión del conocimiento (creación, transmisión, almacenamiento y aplicación en las cadenas hoteleras. Se trata de una investigación exploratoria con base en la bibliografía al respecto. Los resultados indican que la aplicación en las cadenas hoteleras de las cuatro etapas de la gestión del conocimiento es más que una tendencia, la gestión del conocimiento en hoteles se hace necesaria en un mercado cada vez más dinámico y globalizado.As Etapas da Gestão do Conhecimento: Perspectivas relacionadas a cadeias hoteleiras - A gestão do conhecimento é uma prática organizacional que produz benefícios para a tomada de decisões. Em um mercado cada vez mais competitivo, como o hoteleiro, trabalhar efetivamente com a informação e o conhecimento, é importante. A partir disto, o objetivo deste trabalho é o de analisar a aplicação das quatro etapas da gestão do conhecimento (criação, transmissão, armazenamento e aplicação nas cadeias hoteleiras. Trata-se de uma pesquisa exploratória e bibliográfica. Os resultados indicam que a aplicação das quatro etapas da gestão do conhecimento às cadeias hoteleiras é mais que uma tendência. A gestão do conhecimento em meios de hospedagem se faz necessária em um mercado cada vez mais dinâmico e globalizado.The Stages of Knowledge Management: perspectives related to the hotel chains - The knowledge management is an organizational practice that produces benefits for decision making. In an increasingly competitive market like the hotel industry, is
Anne Karolline Campos Mendonça
Full Text Available The central idea of this work is to question the development of discursive mechanisms or a manipulation of the judicial images constituted on of subalternized personages. More specifically, it was chosen to bring to the fore the appropriation of a juridical literature that intends to describe the feminine, in the name of to base masculine duties and rights on like women. As interpretations, they then go through the questions about which groups served the specific codices, having a theme of women's history as a background, but not as a main perspective. This means that the focus of this article can be seen with the problematic of conceptions of justice and of the use of judicial statutes of the lower countries by the privileged layer of society and the name of their own interests.
Legal Advisers from twelve international organizations belonging to the United Nations Organization's family met at the Agency's Headquarters in Vienna on 19 and 20 May to discuss legal problems of common administrative interest. The meeting was held on the initiative of the Agency while the UN Conference on the Law of Treaties was taking place in Vienna during April and May. With Mr. Constantin A. Stavropoulos, Under-Secretary, Legal Counsel of the United Nations, as chairman, this was the second meeting of Legal Advisers since 1954. The following organizations were represented: Food and Agriculture Organization of the United Nations, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Civil Aviation Organization, International Labour Organisation, Inter-Governmental Maritime Consultative Organization, International Monetary Fund, International Telecommunication Union, United Nations, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, World Health Organization. Topics discussed included the recruitment of legal staff and possible exchange of staff between organizations; competence and procedure of internal appeals committees, experience with cases before the Administrative Tribunals and evaluation of their judgments; experience with Staff Credit Unions; privileges and immunities of international organizations; headquarters and host government agreements; and patent policies of international organizations. Consultations will continue through correspondence and further meetings. (author)
Full Text Available УДК 340Subject. The peculiarities of the legal mentality and succession of law, their correlation and communication.The purpose of the article is to identify the relationship of the legal mentality and development of the law.Methodology. The research is based on the method of legal analysis, formal-legal method.Results, scope of application. The legal mentality and continuity in the law are linked and have common features. They are based on national law, are a reflection of him.Continuity in the law is objectively existing relationship between the various stages of its development, aimed at ensuring the continuity of national rights, preserving the past in the present.The basis of the legal mentality and continuity in the development of the law are objective factors. These phenomena are associated with the past, with the history of their own, caused by it. The development of law and legal awareness is provided not only in the change process, but in the process of preservation. The legal mentality and continuity in the development of the law are genetic in nature. Communication legal mentality with continuity in the development of the law can clearly be seen in its functions: maintain the continuity of the existence of a particular community (homeostasis function, communication, preservation (protection, stabilization and preservation of justice, regulatory.Conclusions. There is an interaction between the legal mentality and continuity in the development of the law. Mentality as a historically formed and stable matrix typification of behavior and thinking through the lawmaking process predetermines the preservation and use of the original legal material is proven to be effective. The stability of the legal positions, legal thinking, passed down from generation to generation are the basis of the continuity law. Stability of legal views, legal thinking, transferred from generation to generation are the basis succession of law.
Duardo-Sánchez, Aliuska; Munteanu, Cristian R; Riera-Fernández, Pablo; López-Díaz, Antonio; Pazos, Alejandro; González-Díaz, Humberto
The use of numerical parameters in Complex Network analysis is expanding to new fields of application. At a molecular level, we can use them to describe the molecular structure of chemical entities, protein interactions, or metabolic networks. However, the applications are not restricted to the world of molecules and can be extended to the study of macroscopic nonliving systems, organisms, or even legal or social networks. On the other hand, the development of the field of Artificial Intelligence has led to the formulation of computational algorithms whose design is based on the structure and functioning of networks of biological neurons. These algorithms, called Artificial Neural Networks (ANNs), can be useful for the study of complex networks, since the numerical parameters that encode information of the network (for example centralities/node descriptors) can be used as inputs for the ANNs. The Wiener index (W) is a graph invariant widely used in chemoinformatics to quantify the molecular structure of drugs and to study complex networks. In this work, we explore for the first time the possibility of using Markov chains to calculate analogues of node distance numbers/W to describe complex networks from the point of view of their nodes. These parameters are called Markov-Wiener node descriptors of order k(th) (W(k)). Please, note that these descriptors are not related to Markov-Wiener stochastic processes. Here, we calculated the W(k)(i) values for a very high number of nodes (>100,000) in more than 100 different complex networks using the software MI-NODES. These networks were grouped according to the field of application. Molecular networks include the Metabolic Reaction Networks (MRNs) of 40 different organisms. In addition, we analyzed other biological and legal and social networks. These include the Interaction Web Database Biological Networks (IWDBNs), with 75 food webs or ecological systems and the Spanish Financial Law Network (SFLN). The calculated W
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.
Pope, Thaddeus Mason
This issue's "Legal Briefing" column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: 1. General disclosure standards in the clinical context; 2. Shared decision making; 3. Staturorily mandated abortion disclosures; 4. Staturorily mandated end-of-life counseling; 5. Other staturorily mandated subject-specific disclosures; 6. U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent law; 7. Relaxed informed consent for HIV testing; 8. General disclosure standards in the research context; 9. Issues on the horizon.
Full Text Available The aim of this paper is to focus on the well-known issue of the clinical use of off-label drug therapy in neonatology with respect to evidence-based medicine, with particular reference to antifungal products, in comparison with the wider use in pediatric and adult population. Then we considered the new regulatory approaches carried out in the past decade by the FDA (Food and Drug Administration and the EMA (European Medicine Agency, aimed to improve newborn and children population inclusion into scientific trials and to promote drug labeling with respect to pediatric indications, and the goals nowadays achieved through the American Pediatric Research Equity Act / Best Pharmaceuticals for Children Act and the European Pediatric Investigation Plans. Finally we pointed out, on the basis of the Italian regulatory framework, the Italian medical-legal liability profiles related to the use of off-label therapies in neonatology. Further efforts are required in the international context to carry forward the process started while in the particular Italian scenario it is to be hoped that a general change of mind towards the off-label drug use in neonatology clinical practice may take place.
Murphy, Briony J; Bugeja, Lyndal C; Pilgrim, Jennifer L; Ibrahim, Joseph E
Suicide among nursing home residents is a growing public health concern, currently lacking in empirical research. This study aims to describe the frequency and nature of suicide among nursing home residents in Australia. This research comprised a national population-based retrospective analysis of suicide deaths among nursing home residents in Australia reported to the Coroner between July 2000 and December 2013. Cases were identified using the National Coronial Information System, and data collected from paper-based coroners' records on individual, incident, and organizational factors, as well as details of the medico-legal death investigation. Data analysis comprised univariate and bivariate descriptive statistical techniques; ecological analysis of incidence rates using population denominators; and comparison of age and sex of suicide cases to deaths from other causes using logistic regression. The study identified 141 suicides among nursing home residents, occurring at a rate of 0.02 deaths per 100 000 resident bed days. The ratio of deaths from suicide to deaths from any other cause was higher in males than females (OR = 3.56, 95%CI = 2.48-5.12, P = nursing home for less than 12 months (n = 71, 50.3%). Common major life stressors identified in suicide cases included the following: health deterioration (n = 112, 79.4%); isolation and loneliness (n = 60, 42.6%); and maladjustment to nursing home life (n = 42, 29.8%). This research provides a foundational understanding of suicide among nursing home residents in Australia and contributes important new information to the international knowledge base. Copyright © 2018 John Wiley & Sons, Ltd.
Anders, Sven; Pyka, Katharina; Mueller, Tjark; von Streinbuechel, Nicole; Raupach, Tobias
Student learning outcome is an important dimension of teaching quality in undergraduate medical education. Measuring an increase in knowledge during teaching requires repetitive objective testing which is usually not feasible. As an alternative, student learning outcome can be calculated from student self-ratings. Comparative self-assessment (CSA) gain reflects the performance difference before and after teaching, adjusted for initial knowledge. It has been shown to be a valid proxy measure of actual learning outcome derived from objective tests. However, student self-ratings are prone to a number of confounding factors. In the context of outcome-based evaluation, the wording of self-rating items is crucial to the validity of evaluation results. This randomized trial assessed whether including qualifiers in these statements impacts on student ratings and CSA gain. First-year medical students self-rated their initial (then-test) and final (post-test) knowledge for lectures in anatomy, biochemistry and legal medicine, respectively, and 659 questionnaires were retrieved. Six-point scales were used for self-ratings with 1 being the most positive option. Qualifier use did not affect then-test ratings but was associated with slightly less favorable post-test ratings. Consecutively, mean CSA gain was smaller for items containing qualifiers than for items lacking qualifiers (50.6±15.0% vs. 56.3±14.6%, p=0.079). The effect was more pronounced (Cohen's d=0.82) for items related to anatomy. In order to increase fairness of outcome-based evaluation and increase the comparability of CSA gain data across subjects, medical educators should agree on a consistent approach (qualifiers for all items or no qualifiers at all) when drafting self-rating statements for outcome-based evaluation. Copyright © 2016 Elsevier GmbH. All rights reserved.
Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)
This section treats of the following documents and legal texts: 1 - Belgium 29 June 2014 - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy; 2 - Belgium, 7 December 2016. - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy
Taylor, Kelley R.
The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…
This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…
What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...
Guttmacher, Alan F.; And Others
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.…
One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.
Jaramillo, C.P.; Vélez, C.; Hoyos, M.; Escobar, M.P.; Pico, M.E.
Introducción: Los factores protectores se definen como aquellos que fomentan los comportamientos favorables y positivos y desestimulan e inhiben los comportamientos de riesgo, limitando los efectos de los riesgos a los cuales se exponen los individuos. El fomento de factores protectores facilita el desarrollo de comportamientos y hábitos saludables así como la prevención de factores de riesgo. Objetivo: Analizar las variables relacionadas con los factores protectores en estudiantes de una uni...
Núñez Vaquero, Álvaro
This paper pursues three goals. First, some traditional concepts of ‘legal science’ will be analysed, and a definition of ‘legal science ampio sensu’, ‘legal science stricto sensu’ and ‘legal dogmatics’ will be proposed. Second, a reconstruction of five models of ‘legal science ampio sensu’ will be presented to show the different methodological alternatives available to legal scholars. Third, I claim that it is necessary (for conceptual reasons) to argue for moral reasons when choosing a lega...
Silvana Kelie Souza de Almeida Barros
Full Text Available Estudio descriptivo, cuantitativo, cuyo objetivo fue analizar la prevalencia de microorganismos y perfil de sensibilidad a antimicrobianos en uroculturas de pacientes con infección del tracto urinario relacionada al catéter. Se investigaron 394 registros médicos de pacientes adultos en Unidad de Cuidados Intensivos del Hospital Universitario de Londrina-Paraná, Brasil, de abril a diciembre de 2011. La prevalencia de infección de tracto urinario relacionada al catéter fue 34,0% (134 y 2,2% (3 desarrollaron sepsis. Los microorganismos más comunes aislados en los cultivos de orina fueron: Candida sp (44,4%, Acinetobacter baumannii (9,7% y Pseudomonas aeruginosa (9,2%. La última representó 86,7% de resistencia a cefalosporinas de tercera generación y Acinetobacter baumannii 83,3% a los carbapenémicos. La Klebsiella pneumoniae presentó 87,5% de resistencia a cefalosporinas de tercera y cuarta generación y 75,0% a carbapenémicos. La resistencia bacteriana es frecuente en infecciones del tracto urinario relacionadas al catéter, y las medidas de control deben ser resaltadas.
Papers gepresenteerd op de conferentie, 'The Role of Legal Translation in Legal Harmonization', georganiseerd in Amsterdam op 21 januari 2011, door The Amsterdam Circle for Law & Language (ACLL) en the Centre for the Study of European Contract Law (CSECL).
Dmitriy E. Nekrasov
Full Text Available In the present article questions of constitutional and legal regulation and reason for the legal nihilism existence, methods and forms of fight against legal nihilism are considered. Reasons of low legal culture in modern Russian society and ways of the population's legal literacy increase in general are allocated. These problems are extremely topical today as at the 1990th when there was a reorientation of values, ideals and the principles and legislative base was significantly changed, people were simply lost, and it was extremely difficult for them to realize and accept new, absolutely other reality. Today peculiar spiritual and valuable "reconstruct" did not pass completely and the state is obliged to help citizens to carry out it most without serious consequences and successfully. In the conclusion authors draw a conclusion that: first, the problem of legal nihilism more than ever now is particularly acute for modern Russian society. The policy of the state has to be directed by the consciousness of citizens, who understand that law is the integral and obligatory part of the order in the country and that it is one of the basic for any person. Secondly, one of the ways to overcome the legal nihilism consists in the increase of the legal culture level along with the development of effective legal policy. Thirdly, legal idealism, reevaluation of opportunities in law gains especially wide circulation in the years of changes in response to social expectations an insufficiently skilled legislator forms a belief that it is enough to adopt good laws, and all problems would be solved.
Full Text Available RESUMO Objetivo: Avaliar o impacto da degeneração macular relacionada à idade (DMRI na qualidade de vida relacionada com a visão (QVRV numa amostra de pacientes portugueses. Métodos: Estudo observacional em corte transversal, não comparativo no qual foram incluídos 68 pacientes seguidos no departamento de Retina Médica do Serviço de Oftalmologia do Centro Hospitalar de Lisboa Ocidental, entre janeiro e abril de 2011. A QVRV foi avaliada por meio do questionário National Eye Institute Visual Functioning Questionnaire (NEI-VFQ-25, traduzido para o português. Os scores obtidos foram analisados e correlacionados com os seguintes parâmetros idade, sexo, lateralidade da doença, tempo de follow-up, acuidade visual (AV e EFC iniciais e finais do melhor (MO e pior olho (PO. Resultados: A AV do PO apresentou valor preditivo nos scores global, atividade para longe, visão cromática, visão periférica, desempenho, função social e saúde mental (p<0,05. Num modelo de multivariáveis com inclusão de todos os parâmetros clínicos analisados, as variáveis estudadas explicaram 60% da variância do score global (SG com um valor preditivo de 0,08 (R2 0,57, p=0,088. Conclusões: A DMRI NV está associada a uma diminuição da QVRV. A AV do PO tem valor preditivo nos scores do NEI-VFQ-25.
Orisel Hernández Aguilar
Full Text Available This article begins with an exam of some general elements of the legal regulation of the process of constitution of the non agricultural cooperatives. Subsequently, it centers its attention in three fundamental aspects of the same one: the authorizations to constitute, the notarial writings of constitutions and the inscription in the mercantile registration. These analyses, of the way in which it has been regulated legally and developed the process of constitution of the non agricultural cooperatives in Pinegrove of the River, are guided to determine the juridical – formal aspects that requires improvement.Received: 31.05.2015Accepted: 30.07.2015
Manuel Eduardo Ferreira
Full Text Available O presente estudo teve por objetivo geral a compilação ecaracterização das bases de dados utilizadas no âmbitodo projeto “Cenários Econômicos para a Troca de ReservaLegal Extra-Propriedade no Estado de Goiás”. Maisespecificamente, realizou-se uma análise de índicessócio-econômicos e de cobertura vegetal remanescentepara uma malha hexagonal adotada pelo projeto, perfazendotodo o Estado. Dentre os resultados principais,destaca-se atual aspecto negativo da paisagem de Cerradoem Goiás, tanto em termos de Estado (45% da áreaoriginal convertida em pastagens e 18% em agricultura,municípios (85% com passivos ambientais e de mesoregião(Centro e Sul Goiano com menos de 20% de coberturavegetal nativa. Quanto aos índices sociais (IDH,GINI, Pobreza e Densidade Populacional, fica demonstradoque o desenvolvimento em Goiás, ainda longe deser sustentável em termos ambientais, é maior em áreascom atividades agrícolas intensas, como nas meso-regiõesSul e Centro Goiano, e menor ao Norte e Nordeste doestado, onde estão concentradas as maiores proporçõesde pobres, concentração de renda e, curiosamente, remanescentesde Cerrado. Este estudo indica a adoção depráticas econômicas para a manutenção/regeneração dabiodiversidade do bioma Cerrado, complementar ao respeitodas Áreas de Preservação Permanente, sobretudoàquelas com função ripária aos cursos hidrográficos.
Badke, Lara K.
A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.
Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.
Potts, Amanda; Kjær, Anne Lise
Legal language is an integral and foundational party of our social reality, but it is underrepresented in interdisciplinary, critical linguistic analyses. This is perhaps because language is more objective and formulaic than media texts, which can be more subjective and emotive (Kjær and Palsbro,...
Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth. Copyright © 2016 Elsevier Masson SAS. All rights reserved.
Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.
In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks...
Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won
Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.
El asalto de núcleos de población : bases jurídicas, procedimiento y consecuencias durante la República romana = Assault of populated nuclei : legal basis, procedure and consequences during the Roman Republic
José Antonio Martínez Morcillo
Full Text Available El presente trabajo pretende ofrecer un estudio sobre las bases jurídicas, el procedimiento y las consecuencias de los asaltos de núcleos que Roma efectúa durante la época republicana. Los datos contenidos en las fuentes literarias representan la base del análisis, que se realiza desde una perspectiva global de la expansión romana durante el primer tercio del siglo II a.C. La oposición militar a la dominación romana marca la justificación legal de la intervención, que tiene como consecuencia la aplicación de medidas punitivas como el saqueo, la esclavización de los supervivientes y la ejecución de los responsables.This paper aims to provide a study on the legal bases, procedure and consequences of the assault of cities by Rome during the Republic. Literary sources are the basis of the analysis, which is done from an overall perspective of Roman expansion during the first third of the second century B.C. Military opposition to Roman rule sets the legal basis for the intervention, which results in the application of punitive measures such us plunder, survivors’ enslavement and the execution of the responsible.
Morgato, Melissa Cabrini; Machado, Edinilson Donisete
The present paper discusses the ethical and legal consequences of developments in biotechnological science, with a focus on the field of genetic engineering. We classify situations originating from developments in biotechnological science depending on their ethical and legal justification, based on Habermas’ reflections in his work “The future of human nature”, and differentiate between negative eugenics, representing ethically and legally justified situations, given their therapeutic potenti...
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...
Gomà Freixanet, Montserrat
Este artículo tiene como objeto estudiar la relación existente entre algunas variables de personalidad y la participación en deportes de elevado riesgo físico. La muestra consistió en 27 alpinistas, 72 deportistas de actividades relacionadas con la montaña y 54 sujetos controles que no practicaban ningún tipo de actividad arriesgada. Las escalas administradas fueron el EPQ, la Búsqueda de Sensaciones, la escala de Impulsividad del IVE y la escala de Socialización del CPI. Los resultados parec...
Moreira, Cláudia Daniela Campos Macedo
Trabalho apresentado à Universidade Fernando Pessoa como parte dos requisitos para obtenção do grau de Licenciada em Fisioterapia. Objectivo: Verificar a incidência de Lesões Músculo-Esqueléticas Relacionadas com o Trabalho (LMERT) em Fisioterapeutas, nos últimos 12 meses, relacionando com o género e área de actuação do Fisioterapeuta, assim como, identificar as possíveis causas destas lesões, as implicações da dor no trabalho e as actividades desencadeantes da lesão. Metodologia: A amostr...
Becerra González, Cruz Edgardo
La eficiencia terminal del bachillerato mexicano es de 60% (SEP, 2012), el más bajo de todo el sistema. Una causa de deserción es que los jóvenes se rezagan en sus estudios. El rezago se mide empleando indicadores como el rendimiento escolar, y se estudia caracterizando a los estudiantes y a las variables relacionadas. Los objetivos de esta investigación fueron: 1) explicar si existían diferencias en motivación de logro, autoeficacia, estilo atribucional y rendimiento escolar de bachilleres, ...
Full Text Available The proliferation of technology emphasized new forms of payment. During the last years, current literature highlighted the role of virtual currency, the channels of payment through digital coins and the importance of assimilation of such platforms. Bitcoin or BTC is known as a digital coin, issued for the first time in 2009 and based on a peer to peer system. The difference from other forms of payment is that BTC is not controlled by any institution or central authority. BTC transactions have grown rapidly, ”asking" for regulation measures or legal approval of governments. Although BTC has become very popular, the market is poor and unfortunately of no confidence. There is a lack of regulation which can determine a number of risks associated with criminal financing activities. However, the legal status of Bitcoin is present in many European countries like Belgium, Bulgaria, Denmark, Finland, Germany, Lithuania, Norway, Poland, Slovenia, Switzerland or Turkey. Also, this type of currency has experienced a rapid evolution among coffee shops and restaurants.
The objective of this article is to: (1) evaluate the rationality and opportunity of this debate; (2) try to establish links with legal drugs; (3) evaluate the available data on the effect of legalization of a drug; and (4) propose an alternative drug police based on clear objectives to be reached; (5) describe how Sweden is dealing with the theme of drugs restriction as a social care. Methodologically the text constitutes in a summary of readings and elaborations of the author, placed to incite a discussion. It is concluded that four aspects need to be taken into consideration when a drug police of a country is analyzed, they are: (1) external factors influence the police: international agreements, health and social assistance police, individual rights, authority and autonomy of physicians and other professionals; (2) the objective established influence formal polices and its implementation; (3) the symbolic influence that excels the implementation. Influent people make declarations that strongly reach the legitimacy and adhesion to actions; (4) formal polices and their implementation receive direct influence to socially perceived damages by the drugs use, which could be independent of the real level of its use in a determined society.
Farantouris, N.E. [Universite du Piree, Dept. d' Etudes Internationales et Europeennes (Greece)
According to article 194 of the EU Lisbon Treaty, energy now falls within the province of European policy and is a sector for shared responsibility with member countries, in the same way as for the environment, transportation, the interior market and trans-European networks (article 4 of the Lisbon Treaty). The introduction in the Treaty of a chapter devoted to energy clearly has a political emphasis, as its shows the EU's attachment to the implementation of a coherent policy. However, its enactment carries with it not insignificant legal changes, because a specific and autonomous legal basis is established for the first time, thus allowing the Union to take decisions and actions in the area of energy. (author)
Reilly, Philip; Wertz, Dorothy C.
The GeneLetter (http://www.geneletter.org) is an Internet newsletter on ethical, legal, and social issues in genetics, designed for a wide and varied audience, some of whom may not be familiar with genetic science. It appears every two months, with a variety of long and short feature articles on ethics and on genetic disorders, a section on new federal and state legislation, an international section, a student corner, book and video reviews, a summary of genetics in the news, and a list of upcoming conferences. Feature articles have ventured into an area of wide general concern, behavioral genetics. The newsletter also has an interactive chatbox and the opportunity of more private communications with the editors via email. The purpose of the GeneLetter is to help fill a communication and knowledge gap on ethical, legal and social issues surrounding genetics.
Mayo, L. H.
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.
This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage
T du Plessis
Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.
Full Text Available The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant influence on current practice with respect to the issuance and subsequent use of electronic money. This paper addresses the term “virtual money” and considers the mutual relationships between “electronic money”, “cashless money” and “virtual money” from the point of view of selected legal and economic approaches. The aim of the paper is to employ the analytical method in order to investigate selected legal and economic aspects of the various interpretations of the categories “electronic money”, “cashless money” and “virtual money”. A comparative analysis approach will be applied so as to ascertain both the legal and economic differences between these categories and general conclusions will be suggested employing the deduction method. The article is further concerned with the influence of these categories on the monetary base and money supply indicators.
Pavel A. Matveev
Full Text Available In the present article author bases on the analysis of doctrinal and normative sources attempt to substantiate the existence of positive legal responsibility. Author defines the specificity of positive familial liability in the mechanism of self- identity of lawful behavior. Considering the nature of family legal liability, author proves independence of family-legal responsibility; it differs from civil, criminal and administrative responsibility. Author gives own definition of family-legal responsibility, gives characteristic features of this type of liability and justifies own view of the concept of responsibility in the modern family. Author substantiates view that family liability is expressed in multiple sanctions fixable current family law. Author notes that measures of family - legal responsibility are: annulment of the marriage, deprivation and restriction of parental rights, abolition of adoption, custody, guardianship, termination of child in a foster family placement, deprivation of the right to communicate with the child, taking away a child, termination or limitation of the obligation to subject the material contents of family relationship to other entities. Justifying own views, author relies on the opinions of scholars, experts, as well as a number of other competent persons.
Z. Gonul BALKIR
Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal
Tratamento cirúrgico sem circulação extracorpórea de arteriopatia relacionada com arterite de Takayasu envolvendo aorta e vasos da base Surgical treatment without extracorporeal circulation of artery disease related to Takayasu's arteritis involving the aorta and great vessels
Rodrigo Milani; Paulo Brofman; Tayse Sandri; Alexandre Varela; José Augusto Souza; Luiz Gustavo Emed; Stefan da Silveira; Marcelo Dantas; Maximiliano Guimarães; Rafael Pontarolli; Francisco Maia
Relatamos o caso de duas pacientes portadoras de arterite de Takayasu, encaminhadas ao nosso serviço onde as lesões acometiam a aorta torácica descendente e os vasos da base e, em uma delas, lesão obstrutiva crítica do óstio da coronária esquerda. Ambas as pacientes foram operadas sem circulação extracorpórea, com heparinização plena e auxílio de autotransfusão.We report the cases of 2 female patients with Takayasu's arteritis referred to our service with lesions affecting the descending thor...
Japcy Margarita Quiceno
Full Text Available Objetivo. El propósito de este estudio fue evaluar las diferencias de la calidad de vida relacionada con la salud, la resiliencia y felicidad en hombres privados (n=21 y no privados (n=21 de la libertad. Método. Bajo un diseño descriptivo - comparativo, se utilizó el cuestionario de salud MOS SF-36, la escala de resiliencia (RS y la escala de felicidad subjetiva (SHT. Resultados. Los datos recogidos evidenciaron diferencias entre ambos grupos evaluados, en las categorías de ocupación, estrato socioeconómico y estado civil, más no en sus niveles de calidad de vida, resiliencia y felicidad, a excepción de la dimensión función social de la calidad de vida. Conclusión. Este estudio, aunque preliminar y exploratorio brinda información sobre el valor que tienen variables positivas, como la resiliencia, la felicidad y la calidad de vida relacionada con la salud en personas privadas de la libertad.
This paper deals with the legal bases for nuclear security. First, It analysis the international legal framework for nuclear security. Second, it analysis the legal bases for the import-export control. The legal aspects related with illicit trafficking (IT) were also reviewed. Third, It deals with the Egyptian nuclear law no. 7 and its executive regulation. The Egyptian legal regime for nuclear security and the role of State System for Accounting and Control of Nuclear Materials (SSAC) in realizing the nuclear security were also discussed. The purpose of the paper is to evaluate the Egyptian legal framework for nuclear security.
Apperson, Ron; Waxman, Everett
This is the latest edition of a handbook designed to assist school administrators in preventing and dealing with school disruptions and certain related legal matters. Because the handbook was prepared specifically for use by administrators in the Los Angeles Unified School District, it is based on laws and regulations that may not apply elsewhere.…
Osborne, Allan G., Jr.
Guidelines are offered to authors on the correct citation format for legal references, including statutes and regulations, court decisions, and law review articles. Standards are based on those published by the Harvard Law Review Association and the American Psychological Association. (DB)
Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni
A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.
Why do women not prefer much older men? a hypothesis based on alterations in male reproductive physiology related to increased age Por que mulheres não preferem homens muito mais velhos que elas? uma hipótese baseada em alterações da fisiologia reprodutiva masculina relacionadas ao aumento da idade
Luísa Helena Pinheiro Spinelli
Full Text Available Evolutionary Psychology studies suggest that women prefer slightly older or similarly aged partners, although to date few hypotheses have been put forth to explain this pattern of choice. Several recent studies have shown changes in male reproductive parameters as a result of increased age. In the current review of medical literature, we found evidence that much older men are more likely to be infertile, women with much older partners are more likely to experience problems during pregnancy, and children of much older men are more likely to have genetic abnormalities. Based on these findings, we suggest that reproducing with much older men does not represent the best reproductive option for women, which would explain the female preference for only slightly older or similarly-aged mates.Estudos de Psicologia Evolucionista sugerem que as mulheres preferem parceiros um pouco mais velhos ou de idade semelhante, embora apresentem, até agora, poucas hipóteses para explicar esse padrão de preferência. Recentemente, vários estudos têm demonstrado alterações nos parâmetros reprodutivos masculinos como resultado do aumento da idade. Em revisão da literatura médica atual, encontramos evidências de que homens muito mais velhos são mais susceptíveis de serem inférteis, mulheres com parceiros muito mais velhos são mais propensas a sofrer com problemas durante a gravidez e filhos de homens muito mais velhos são mais propensos a ter anomalias genéticas. Com base nestes resultados, sugerimos que reproduzir com homens muito mais velhos não representa a melhor opção reprodutiva para as mulheres, o que explicaria a preferência feminina por parceiros apenas um pouco mais velhos ou de mesma faixa etária.
K. M. Burya
It has been underlined that heuristic potential of political and legal approach in political science research is based on the possibility to solve genuine issues that contain the means of the legal provision of political institutions and the impact of these institutions on the normative context.
This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...
Schäfke, Werner; Mayoral, Juan A.; Hvidt, Martine Stagelund
This article provides novel empirical survey evidence on socialization factors leading lecturers to implement interdisciplinary teaching in law. Recent debates on the legal scholarship and higher education legal institutions advocates for the introduction of interdisciplinary approaches to legal...... of the teaching staff in this institution. To explain the adoption of interdisciplinary teaching, we rely on socialization factors connected to their former higher education and socialization in research and multidisciplinary environments....
data machines may be able to (or are thought to be able to) make a prediction profile, leaving risks for individuals for being excluded from life and health insurances, being targets for computational policing etc. An additional dimension to the prefabricated decisions is the commercial aspect......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...
Raisler, K.M.; Gregory, A.M.
This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered
Ovidiu – Horia Maican
Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.
Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України
In the article the features of the administrative liability of legal entities in Ukraine; The experience of foreign countries on the administrative liability of legal entities, proposed measures to improve the administrative and tort legislation on administrative liability of legal entities in Ukraine.The problems of liability of legal entities were always relevant and important for administrative and legal science. Legal entities, performing administrative and legal relationships, may commit...
Weiner, Ruth F.; Blink, James A. (Lawrence Livermore National Laboratory, Livermore, CA); Rechard, Robert Paul; Perry, Frank (Los Alamos National Laboratory, Los Alamos, NM); Jenkins-Smith, Hank C. (University of Oklahoma, Norman, OK); Carter, Joe (Savannah River Nuclear Solutions, Aiken, SC); Nutt, Mark (Argonne National Laboratory, Argonne, IL); Cotton, Tom (Complex Systems Group, Washington DC)
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 hazardous 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.
Full Text Available Tuberculosis is a diffusive infectious disease whose typical behavior differentiates it from other infectious diseases spread by human-to-human transmission (flu, chicken pox, cholera, etc. which follow a classically epidemic pattern. Indeed, in the presence of a known source of Koch bacilli capable of spreading them by air, not all exposed individuals inhale the bacteria, not all those who inhale them absorb them, not all those who absorb them are unable to eliminate them, not all who are able to eliminate them do so using delayed hypersensitivity, not all those who react with delayed hypersensitivity suffer lasting tissue damage (among other things, minor, not all who suffer tissue damage have anatomical sequelae, not all those who have anatomical sequelae, however minimal, become carriers of bacilli in the latent period. The vast majority (90-95% of the latter – which are in any case a portion, not the totality of those exposed – remain asymptomatic throughout their lives and never develop active tuberculosis. Based on these biological characteristics and the legal concepts of “epidemic” and “disease,” it becomes highly problematic, if not impossible, to assert both that tuberculosis can cause events of sufficient magnitude to be associated with the crime of “epidemic,” and that the mere diagnosis of a latent tuberculosis infection is sufficient to assume the presence of an illness legally prosecutable in criminal proceedings or a disability prosecutable in civil proceedings. Further, clinically apparent tuberculosis is a temporarily—in some cases permanently—disabling condition, and in certain work environments, even with the difficulties caused by the lack of available effective diagnostic tools and the insidious behavior of the disease in the early stages, it appears appropriate to engage in targeted monitoring, also for the early identification of persons who may become ill.
Gribnau, J.L.M.; Soeteman, A.
Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,
What is being suggested as the most feasible course now is a standfast position on the legal front; an aggressive, directed research program planned to answer the critical questions about marijuana; and a discouragement policy for adolescents. Legalization is not seen as a tenable solution for many reasons, and it is one that may be irreversible and regretted.
This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...
... United States Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request... Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and production...
... Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. SUMMARY: The... United States Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and...
Discusses proposals for a new guest worker program with Mexico, reviewing characteristics of U.S. farmworkers, the current federal H-2A program for admitting legal guest workers for farm work, major proposals being debated to turn unauthorized into legal farmworkers, and new considerations after September 11 that may affect the negotiations. (SM)
The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...
Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...
Narayan, Choudhary Laxmi; Shikha, Deep
Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and...
Abat Ninet, Antoni
The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...... examples of transposition and complicity of theological and juridical thoughts. For the purpose of this paper, imposed constitutions are political and legal norms of a state enacted and enforced without the free and full agreement of the Demos. Legal theology implies the application of religious phenomena......, theories and concepts to achieve undisputed legal legitimacy. Imposed constitutions as rules imposed for salvation for those “Platonic Philosophes” who have seen the “light”, that known the episteme are paramount examples of legal and political theology. The paper has two main sections. The first one...
Patricia Arribas Cobo
Full Text Available En la actualidad ha aumentado el uso de catéteres tunelizados como acceso vascular permanente para los pacientes en hemodiálisis a pesar de las complicaciones que tiene asociadas, como puede ser la bacteriemia relacionada con el catéter. El objetivo de este trabajo es mostrar la tasa de prevalencia de bacteriemia relacionada con el catéter para hemodiálisis, obtenida con la aplicación estricta de un protocolo de cuidados del catéter tunelizado por un personal bien entrenado en la unidad de hemodiálisis del Hospital Universitario Infanta Leonor entre abril de 2008 y abril de 2013, así como describir las posibles causas de bacteriemia relacionada con el catéter, la relación con alguna de las variables y su evolución en los últimos años. Durante los 5 años de estudio tuvimos 9 episodios de bacteriemia relacionada con el catéter, lo que supone una tasa global de prevalencia de 0,25/1000 días de catéter. La tasa por cada uno de los años fue menor de 1/1000 días de catéter. Los pacientes que tuvieron una bacteriemia relacionada con el catéter tuvieron implantados mayor número de catéteres que los que no la tuvieron, siendo esta diferencia significativa (p=0,027. No se encontraron diferencias con respecto a la edad, el sexo, la diabetes mellitus, el índice de comorbilidad de Charlson y la localización de los catéteres entre los pacientes que padecieron una bacteriemia relacionada con el catéter de los que no.
Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field
Pérez, Glòria; Martí-Pastor, Marc; Gotsens, Mercè; Bartoll, Xavier; Diez, Elia; Borrell, Carme
Objetivo: Describir la salud percibida, la salud mental y algunas conductas relacionadas con la salud según la atracción y la conducta sexual en los residentes en Barcelona en 2011. Métodos: Se analizó la salud percibida y mental, los trastornos crónicos y las conductas relacionadas con la salud, en 2675 personas de 15 a 64 años de edad teniendo en cuenta la atracción y la conducta sexual en el marco de la Encuesta de Salud de Barcelona 2011. Se ajustaron modelos multivariados de regresión...
Wetherall, Anthony; Robin, Isabelle
The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice
Feteris, E.; Kloosterhuis, H.
In the past thirty years legal argumentation has become an important interdisciplinary field of interest. The study of legal argumentation draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary
Leal, Ingrid; Luttges, Carolina; Troncoso, Paulina; Leyton, Carolina; Molina, Temistocles; Eguiguren, Pamela
There are legal regulations about sexual and reproductive rights of adolescents. However, this legal framework (LF) may have contradictory elements: there are laws assuring confidentiality and access to contraception at any age but there are other laws that consider any sexual contact with an adolescent younger than 14 a sexual assault, whose report to the legal authorities in mandatory. To explore the knowledge and clinical practice of primary health care (PHC) providers regarding prevention of teenage pregnancy. Qualitative study collecting data using semi-structured interviews made to midwives and directors of PHC centers. Analysis of the data was based on Grounded Theory. There is a differentiated clinical care for pregnancy prevention among adolescents if they are over 14 years old. This is due to the LF, specifically to the sexual crimes law (19,927) and the law about regulation of the fertility (20,418). The differences affect health care, access and counseling about contraception and confidentiality. Healthcare of teenagers under the age of 14 is perceived as problematic for providers, due to the possible legal implications. The LF causes insecurity on health care providers and derives in a differentiated clinical approach according to the patient´s age. This is a barrier to provide timely and confidential access to counseling and contraception.
Nur Yuhanis Bt Ismon
Full Text Available Objective – Islamic finance has been established as an alternative to the conventional banking system which is made up component not permitted under Shariah. Tawarruq is one of the Islamic finance products which commonly used in Islamic banks. This research assesses two important areas which include the principle of Tawarruq in Fiqh perspective and the practical aspect of such principle in Islamic banks in Malaysia.Method – The method used for this research is comparative analysis.Result – This research begins to explore the different views of the proponent and opponents toward the legality of Tawarruq in Fiqh . Instead of considering the basic condition of the valid sale, the other aspect has to be pondered by the contemporary scholars to render Tawarruq is valid sale according to Shariah. The legality of Tawarruq has been debate by some scholars. Due to that, there are different resolution and rulings from Islamic countries on legality of of Tawarruq . In the practical aspect, Tawarruq has been used in Malaysia by Bursa Malaysia Suq Al Sila' as a trading platform and it uses Crude Palm Oil (CPO as the commodity in Tawarruq transaction. While, in the Middle East, it uses London Metal Exchange (LME in dealing with commodity transaction through Tawarruq principle.Conclusion – Based on the legal argument on the permissibility of Tawarruq , it can be summarized that Tawarruq is permissible but subject to certain condition. Provided that genuine Tawarruq is permissible than organized Tawarruq in Tawarruq transaction.Keywords: Tawarruq, Murabahah
Felipe K. Sudo
Full Text Available The Brazilian Civil Code, which came into force in 2002, established a functional criterion for guardianship proceedings and introduced the concept of “limited guardianship,” applied to cases in which incapacity to exercise civil rights is partial. With population aging and the growth in the number of older people with cognitive impairments, such as Alzheimer’s disease (AD, the need to invoke legal remedies against elder abuse increased; however, difficulties in assessing capacity still lead to a majority of decisions in favor of plenary guardianship. The present article compiled data on capacity in AD subjects. The varying degrees of decision-making impairment at different stages of AD might be compatible with limited guardianship in milder cases of the disease.
Fa, L. N.
Local government should be regarded as the main subject to be stipulated by environmental law, thus to avoid local government’s alignment with commercial interests. Such a shift would, furthermore, discourage collusion against environment law or speculative behaviors motivated by maximizing production at the expense of environment pollution. Moreover, whether companies make proactive decisions to prevent pollution or not depends on the severity of appropriate environment legal system’s sanctions for their action. It would encourage enterprises to undertake their own environmental responsibility if environmental law could further enhance their environmental liability. In addition, public environmental rights should be embedded into environmental law. In this way, the public may become more aware of their environmental rights as well as the positivity of total environmental interests.
This section treats of the following Documents and legal texts: 1 - Canada: Nuclear Liability and Compensation Act (An Act respecting civil liability and compensation for damage in case of a nuclear incident, repealing the Nuclear Liability Act and making consequential amendments to other acts); 2 - Japan: Act on Compensation for Nuclear Damage (The purpose of this act is to protect persons suffering from nuclear damage and to contribute to the sound development of the nuclear industry by establishing a basic system regarding compensation in case of nuclear damage caused by reactor operation etc.); Act on Indemnity Agreements for Compensation of Nuclear Damage; 3 - Slovak Republic: Act on Civil Liability for Nuclear Damage and on its Financial Coverage and on Changes and Amendments to Certain Laws (This Act regulates: a) The civil liability for nuclear damage incurred in the causation of a nuclear incident, b) The scope of powers of the Nuclear Regulatory Authority (hereinafter only as the 'Authority') in relation to the application of this Act, c) The competence of the National Bank of Slovakia in relation to the supervised financial market entities in the financial coverage of liability for nuclear damage; and d) The penalties for violation of this Act)
This section of the Bulletin presents the recently published documents and legal texts sorted by country: - Brazil: Resolution No. 169 of 30 April 2014. - Japan: Act Concerning Exceptions to Interruption of Prescription Pertaining to Use of Settlement Mediation Procedures by the Dispute Reconciliation Committee for Nuclear Damage Compensation in relation to Nuclear Damage Compensation Disputes Pertaining to the Great East Japan Earthquake (Act No. 32 of 5 June 2013); Act Concerning Measures to Achieve Prompt and Assured Compensation for Nuclear Damage Arising from the Nuclear Plant Accident following the Great East Japan Earthquake and Exceptions to the Extinctive Prescription, etc. of the Right to Claim Compensation for Nuclear Damage (Act No. 97 of 11 December 2013); Fourth Supplement to Interim Guidelines on Determination of the Scope of Nuclear Damage Resulting from the Accident at the Tokyo Electric Power Company Fukushima Daiichi and Daini Nuclear Power Plants (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.); Outline of 'Fourth Supplement to Interim Guidelines (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.)'. - OECD Nuclear Energy Agency: Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned; Joint Declaration on the Security of Supply of Medical Radioisotopes. - United Arab Emirates: Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage; Ratification of the Federal Supreme Council of Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage
Krening, Cynthia; Hanson, Keri
Although still illegal at the federal level, marijuana has been legalized for medical and/or recreational use in 29 states, causing a dynamically changing legal and social landscape. While the legalization of marijuana at the state level provides criminal protection for use by adults, there remain civil legal implications for families brought about by mandated reporting laws. Mandated reporting requirements have not been updated to account for the movement toward legalization, risking overload of community child protection resources. There is little evidence to inform development of guidelines and protocols for screening, educating, testing of mothers and newborns, and reporting. There are perinatal issues in this evolving environment as well. Discriminatory testing, length of time the drug remains in the system, potential for compromised provider-patient relationships, inconsistent education and referrals, breastfeeding during marijuana use, punitive or legal interventions that may have a negative psychosocial impact on a new family, and the risk for development of community standards of care based on opinion rather than science are just a few of the issues realized after marijuana legalization. These legal and perinatal issues are discussed in detail, along with considerations for practice and policy in caring for cannabis-exposed pregnant women and newborns.
Boer, A.; Sileno, G.
To address agility in public administration, the Agile project developed a reference knowledge acquisition infrastructure for legal knowledge, based on a dynamic and design-oriented conceptualization of the legal system. The main objective of the project was to reframe legal knowledge as a knowledge
Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard
Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.
Full Text Available The aim of this paper is to discuss challenges in legal translation from the view of a teacher who evaluates the work of semi-professional translators in a special setting. Recurrent translation errors may subsequently be used as a pedagogical resource in specialised translator training. The observation of recurrent challenges confronting the candidates in legal translation and the absence of formal translator training programs are the reasons why NHH now offers an on-line course in legal translation, JurDist, focusing i.a. on useful translation strategies.
A phenomenon called legal argumentation is analyzed in the dissertation. The aim of the thesis is to identify the prerequisites that allow to consider the legal argumentation to be correct, also to evaluate those prerequisites logically. Legal argumentation is analyzed as a phenomenon per se, without relating it to any particular arguing subject. Other dimensions of the process of making a legal decision, such as legal reasoning, legal discourse, interpretation of law and others are discu...
Full Text Available In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross‐border security level the regulations of the EU‐Data Protection Directive need to be transformed into national law. In practise, cross‐border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross‐border or cross‐regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to
Full Text Available The author applies virtue theory (virtue epistemology and virtue ethics in particular to the question of legal education and examines the prospects of a virtue-based discourse in this context. Following the Aristotelian distinction between intellectual and moral virtues, he argues that law schools need to equip students – besides appropriate skills and knowledge of legal regulations – with intellectual and moral virtues necessary for a socially productive legal practice. Identifying lawyerly virtues and exploring the ways they can be fostered in a university environment might be the first steps to change the exaggeratedly formalistic thinking that seems to characterize legal education and legal practice in the CEE region. El autor aplica la teoría de la virtud (epistemología y ética de la virtud, en particular a la cuestión de la educación jurídica, y, en ese contexto, examina las perspectivas futuras de un discurso basado en la virtud. Siguiendo la distinción aristotélica entre virtudes intelectuales y morales, el autor argumenta que las escuelas de Derecho deberían educar, además de en las destrezas apropiadas y en el conocimiento de la ley, en las virtudes intelectuales y morales necesarias para un ejercicio del Derecho socialmente productivo. Los primeros pasos para cambiar el pensamiento exageradamente formalista que parece caracterizar la educación jurídica y la práctica de la profesión en la región de Europa central y oriental podrían ser la identificación de las virtudes del jurista y la reflexión sobre cómo aquéllas podrían ser fomentadas. DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3075146
Nielen, Myrthe G; de Vries, Sybe A; Geijsen, Niels
Advances in stem cell biology have raised legal challenges to the patentability of stem cells and any derived technologies and processes. In 1999, Oliver Brüstle was granted a patent for the generation and therapeutic use of neural cells derived from human embryonic stem cells (hESCs). The patent was challenged and put before the European Court of Justice, which ruled that inventions involving the prior destruction of human embryos cannot be patented. The legal maneuvering around this case demonstrates that the future of stem cell-based patents in Europe remains unsettled. Furthermore, owing to the European Court's broad definition of hESC as 'any cell that is capable of commencing development into a human being,' novel technologies that could eliminate the need for hESCs, such as induced pluripotent stem cells (iPSCs), are at risk of being included under the same ruling. Advances in the in vitro development of germ cells from pluripotent stem cells may one day provide a direct developmental path from iPSC to oocyte and sperm, and, according to the European Court's reasoning, legally equate iPSCs with human embryos. In this review, we will briefly discuss the Brüstle v Greenpeace case and the implications of the European Court of Justice's ruling. We will identify potential risks for stem cell research and future therapeutics resulting from the broad legal definition of the human embryo. Finally, we will broach the current legal landscape, as this broad definition has also created great uncertainty about the status of human iPSCs.
Full Text Available Although many attempts at automated aids for legal drafting have been made, they were based on the construction of a new tool, completely from scratch. This is at least curious, considering that a strong parallelism can be established between a normative document and a software specification: both describe what an entity should or should not do, can or cannot do. In this article we compare normative documents and software specifications to find out their similarities and differences. The comparison shows that there are distinctive particularities, but they are restricted to a very specific subclass of normative propositions. The rest, we postulate, can be dealt with software tools. For such an enterprise the FormaLex tool set was devised: an LTL-based language and companion tools that utilize model checking to find out normative incoherences in regulations, contracts and other legal documents. A feature-rich case study is analyzed with the presented tools.
Monilly Ramos Araujo
Full Text Available A pesquisa teve como objetivo a análise dos múltiplos domínios envolvidos na leitura e escrita de crianças e adolescentes. Foram investigados 162 sujeitos, de ambos os sexos, com idades variando entre 08 e 16 anos, cursando a 2ª, 3ª e 4ª séries do Ensino Fundamental da rede pública de uma cidade do interior do Nordeste. O desempenho cognitivo das crianças foi analisado através de atividades que envolviam leitura e ditado de palavras e de pseudopalavras, consciência fonológica, processamento auditivo e visual e velocidade de processamento. Os resultados revelaram atraso no desenvolvimento das habilidades avaliadas, com imprecisão e distorções no uso das rotas fonológica e lexical. Conclui-se que é preciso delinear projetos de intervenção visando desenvolver as habilidades de consciência fonológica, processamento auditivo e velocidade de processamento em crianças nas fases iniciais da aquisição da leitura e escrita.La investigación tuvo como objetivo el análisis de los múltiples dominios envueltos en la lectura y escritura de niños y adolescentes. Se analizaron 162 sujetos, de ambos sexos, con edad entre 08 y 16 años, estudiando en 2ª, 3ª y 4ª series de la escuela primaria de la red pública de una ciudad en el interior del noreste. El rendimiento cognitivo de los niños se examinó a través de actividades relacionadas con lectura y dictado de palabras y pseudopalabras, conciencia fonológica, visual y auditiva y velocidad de procesamiento. Los resultados revelaron retraso en el desarrollo de las competencias evaluadas, con inexactitud y distorsiones en el uso de las rutas fonológica y lexical. Se deduce que es necesario esbozar proyectos de mediación para el desarrollo de las capacidades de conciencia fonológica, procesamiento auditivo y velocidad de procesamiento en niños en las primeras etapas de la adquisición de la lectura y escritura.Multiple domains involved in children and young people's reading and
Bruno Gil de Carvalho Lima
Full Text Available Além de constituir causa freqüente de internamentos obstétricos em países pobres, o aborto representa a incapacidade do sistema público de saúde de prover informação suficiente sobre métodos contraceptivos para prevenir gestações em vez de interrompê-las. No Brasil, as altas taxas de utilização de serviços de saúde por abortamentos refletem as dificuldades persistentes de contracepção e planejamento familiar. Além disso, a mortalidade por aborto serve como indicador da qualidade dos procedimentos abortivos, um ponto importante num país onde tal prática é ilegal e, portanto, clandestinamente realizada. No presente estudo, analisamos as taxas de mortalidade por causas relacionadas ao aborto entre mulheres de 10 a 54 anos de idade, incluindo aquelas que morreram por abortamentos espontâneos e provocados, de 1980 a 1995, segundo região de residência. As informações utilizadas foram obtidas do banco de dados sobre mortalidade do Sistema Único de Saúde --Ministério da Saúde. Dados sobre população foram obtidos junto à Fundação Instituto Brasileiro de Geografia e Estatística. Estudaram-se 2 602 óbitos. Do total de óbitos, 15% foram devidos a aborto retido, aborto espontâneo e aborto induzido com indicação legalmente admitida. Oitenta e cinco por cento dos óbitos foram causados por aborto induzido sem indicação legalmente admitida e por aborto sem causa especificada. Os coeficientes de mortalidade por causas relacionadas ao aborto têm decrescido continuamente no Brasil, mas tais avanços têm-se distribuído desigualmente no país. A região que apresentou a menor queda na taxa (38% em 15 anos foi o Nordeste. As mulheres que morreram por aborto tiveram uma média de idade decrescente no período estudado.
Sleep and rest needs of seniors: a study grounded in the work of Henderson Necesidades relacionadas al sueño/reposo de ancianos: estudio fundamentado en Henderson Necessidades relacionadas ao sono/repouso de idosos: estudo fundamentado em Henderson
Jorge Wilker Bezerra Clares
Full Text Available OBJECTIVE: To identify the sleep/rest needs of an elderly population cared for by the Family Health Strategy, based on Virginia Henderson's theoretical framework. METHOD: This descriptive, quantitative study was conducted from May to June, 2011 through the application of a questionnaire to 52 seniors living in an area covered by a Primary Health Care (PHC unit in Fortaleza, CE, Brazil. The data were analyzed using statistical software. RESULTS: the sleep disorders most frequently reported by the seniors were: sleeping less than four hours a night (84.6%, daytime sleepiness (71.2%, nighttime awakenings (71.2%, and the use of sleep medications (21.2%. Association was significant in relation to the variables: age (p=0.05, morbidities (p=0.02, smoking (p=0.01, and pain when moving (p=0.05. CONCLUSION: The sleep/rest needs of seniors were significantly associated with socio-economic factors and health conditions.OBJETIVO: Analizar las demandas de necesidades relacionadas al sueño/reposo de una población anciana en el ámbito de la Estrategia Salud de la Familia, fundamentada en el referencial de Virginia Henderson. MÉTODOS: Estudio de abordaje cuantitativo, descriptivo, realizado entre mayo y junio del 2011, mediante la aplicación de un formulario a 52 ancianos residentes en el área cubierta por una unidad básica de salud de Fortaleza-CE. Los datos fueron analizados por medio de un software estadístico. RESULTADOS: Los problemas de sueño más comunes entre los ancianos fueron: dormir menos de 4 horas por noche (84,6%, somnolencia diurna (71,2%, despertares nocturnos (71,2%, uso de medicamentos para dormir (21,2%. El análisis de asociación se mostró significativo con las variables, edad (p=0,05, presencia de morbilidad (p=0,02, tabaquismo (p=0,01 y dolor al moverse (p=0,05. CONCLUSIÓN: Las demandas para la necesidad de dormir/reposar en los ancianos estuvieron asociados significativamente a factores socioeconómicos y condiciones de salud
Goldman, N; Pebley, A R
In Latin America, socially sanctioned conjugal unions take 2 forms: legal marriage and consensual unions. While legal marriage is more prestigious, consensual unions offer practical advantages. An examination of the legalization of consensual unions in rural areas in Colombia, Peru, Costa Rica, and Mexico is undertaken using data from the 1969 Centro Latinoamericano de Demografia's (CELADE) comparative survey of fertility. The survey in each country is based on a self weighted sample of 2000-3000 women aged 15-49 living in areas with fewer than 20,000 inhabitants. The union histories addressed types of unions, duration, and age and date of onset and of termination. The samples consisted of 881 unions in Colombia, 646 in Costa Rica, 865 in Mexico, and 1009 in Peru. The risk of legalization was measured by life table procedures, using only single decrement values for comparisons among subgroups. Between 32-41% of the unions are consensual in the rural areas of these countries. With the exception of Peru, consensual unions are higher among 2nd and later unions than among 1st unions. As expected from previous studies, they are more prevalent among younger women, those without education and among non-Catholics or non-practicing Catholics. About 30% of the consensual unions become legalized in Colombia, Costa Rica, and Mexico, and in Peru the rate of conversion is about 50%. Less than 20% in Colombia and Peru remain intact for more than 25 years; about 25% are terminated within the 1st 2 years. The single decrement values suggest that in the absence of separation or death of a partner, almost 50% of the unions would eventually be legalized in Colombia, Costa Rica, and Mexico, about 65% in Peru. The probability of conversion is highest among women in their 1st union and in the 1st year. Only 2-8% of the women legalize higher order unions. Of the factors related to the probability of legalization, age is an important differential in Costa Rica, education in Mexico, and
Department of Transportation — Legal Interpretations and the Chief Counsel's opinions are now available at this site. Your may choose to search by year or by text search. Please note that not all...
Full Text Available At each stage of the resettlement process, the presence of counsel – legal advocates – can help refugees to present their complete cases efficiently and avoid unnecessary rejections. This provides benefits to decision makers as well.
. The married couples subjected to this mobile lifestyle are always in a process of becoming illegal, which is the consequence of ‘overstaying’ in Denmark or ‘understaying’ in Sweden. Besides its legal aspects, a semi-legal status also has significant moral implications that not only restructure marriage......In 2002, the Danish government introduced new legislation on family reunification to restrict the transnational arranged marriages that were occurring among some immigrant groups. Since then, thousands of people have emigrated from Denmark to Sweden where, as citizens of the European Union......, they are entitled to family reunification. In this article, I introduce the concept of semi-legality to describe the situation whereby Pakistani transnational couples commute on a regular basis between their legal residences in Sweden and their places of work or networks of friends and family in Denmark...
Déa Silvia Moura da Cruz
Full Text Available Resumo Objetivou-se analisar a produção científica sobre a qualidade de vida relacionada à saúde (QVRS de adolescentes com diabetes mellitus tipo1. Trata-se de uma revisão integrativa, cujos critérios de inclusão foram artigos disponíveis na íntegra on line nos idiomas português, inglês e espanhol, publicados e indexados nas bases de dados Lilacs, Medline, Adolec e BDENF, no período de 2003 a 2013, e que retratassem a temática QVRS, diabetes tipo1 em adolescentes. Foram analisados 22 artigos, dos quais se extraíram os seguintes temas: construção e validação de instrumentos para mensurar a QVRS dos adolescentes diabéticos; QVRS de adolescentes com diabetes; fatores que interferem na qualidade de vida de adolescentes com diabetes e recursos utilizados para auxiliar o adolescente na gestão com o diabetes. A QVRS de adolescentes diabéticos é um tema que tem sido estudado e divulgado com frequência na literatura internacional, porém com pouca repercussão nacional. Predominaram estudos publicados em periódicos internacionais em língua inglesa. Por essa razão, entende-se que é necessário desenvolver mais pesquisas dessa natureza no Brasil, visto que a mensuração da QVRS de adolescentes diabéticos poderá auxiliar a equipe multiprofissional a planejar a assistência.
Full Text Available Resumo: Considerando que não há estudos brasileiros que avaliem a relação entre a inserção no mercado de trabalho e a qualidade de vida relacionada à saúde (QVRS de mulheres, objetivou-se com a presente pesquisa verificar se existe associação entre ter ou não trabalho remunerado e a QVRS das mulheres, e, se o estrato socioeconômico modifica esta associação. Trata-se de estudo transversal de base populacional com amostra de 668 mulheres de 18 a 64 anos do Inquérito de Saúde de Campinas (ISACamp 2008/2009, utilizando-se o SF-36 para avaliar a QVRS. Ser dona de casa esteve associado à pior QVRS, sobretudo nos aspectos mentais, mas esta associação é modificada pelo nível socioeconômico. Nos segmentos de intermediária e baixa escolaridade e renda familiar, as donas de casa apresentaram pior QVRS que as trabalhadoras remuneradas, mas não houve diferença entre os dois segmentos nos estratos de alta escolaridade e renda. A pior QVRS das donas de casa enfatiza a importância de políticas públicas que visem a ampliar as oportunidades de inserção da mulher no mercado de trabalho e de acesso à educação.
Danilo Francisco Corrêa Lopes
Full Text Available Integrante da ordem Decapoda (Latreille, 1802 subordem Dendrobranchiata (Bate, 1888 e família Penaeidae (Rafinesque, 1815 o camarão sete barbas, Xiphopenaeus kroyeri (Heller, 1862, se distribui no Oceano Pacífico Oriental, desde a cidade de Sinaloa no México até a cidade de Paita no Peru e, no Atlântico Ocidental, desde a Virgínia (Estados Unidos até o Rio Grande do Sul, Brasil. Diversos pesquisadores brasileiros e de outros países vem desenvolvendo trabalhos a respeito da dinâmica populacional, biologia reprodutiva, caracterização da pesca, distribuição espaço-temporal, morfometria, proporção sexual, genética e outras demais áreas de interesse desta espécie. Monitorar toda produção literária voltada ao Xiphopenaeus kroyeri (Heller, 1862 presente no banco de publicações inseridos no site dos periódicos da CAPES e nas bases do Scopus e da Scientific Electronic Library Online (Scielo, a fim de contabilizar o número de publicações, os principais países que desenvolvem trabalhos, os idiomas, as principais revistas utilizadas pelos autores que desenvolvem pesquisas relacionadas a esta espécie. Espera-se que o desenvolvimento deste trabalho se torne um novo incentivo para os pesquisadores brasileiros, para desenvolver novos estudos direcionados ao camarão sete barbas Xiphopenaeus kroyeri (Heller, 1862.
Marcos Antonio Manzanares
Full Text Available La forma y correspondencia entre la anatomía muscular y ósea revela en gran medida el hábito locomotor de cualquier ave. Las especies pertenecientes a la Familia Anhimidae son relevantes dentro de las Aves, debido a las adaptaciones óseas (y por lo tanto, musculares que presentan, como la pérdida de procesos uncinados, el desarrollo de espolones metarcapales, la extrema neumatización y el notable desarrollo de forámenes. Se analizaron anatómicamente y numéricamente (superficie de origen e inserción, longitud en reposo y masa los componentes musculares relacionados a las zonas de la columna vertebral, tronco, miembros y cinturas de tres ejemplares de Anhima cornutade distintos sexos y se compararon con lo estudiado en 4 ejemplares de especies relacionadas (Dendrocygna bicolory Dendrocygna viduata, Anatidae. El estudio reveló que en Anhima existe un gran desarrollo de los músculos intercostales e intervertebrales (torácicos y lumbares, evidenciando una adaptación a la ausencia de procesos uncinados. En Anhimaexisten fascículos proporcionalmente menos pesados y de menor tamaño que en Dendrocygna, indicando morfológicamente la ocurrencia de un vuelo menos desarrollado en el primero. Algunos tendones y fibras musculares metacarpales cuya inserción ocurre en el primer dígito en Dendrocygna, en Anhimase insertan en la base de los espolones proximal y distal, demostrando el poco control del vuelo en Anhima. La musculatura de los miembros posteriores en Anhimaes mucho más desarrollada, tanto en tamaño, como en masa proporcional, evidenciando una gran actividad en esta zona en la propulsión del vuelo y en hábitos terrestres
João Maurício Adeodato
Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.
Ramírez García, Hugo Saúl
This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.
Narayan, Choudhary Laxmi; Shikha, Deep
Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and/or welfare of the society. United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which marks a paradigm shift in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new paradigm is based on presumption of legal capacity, equality and dignity. Following ratification of the convention by India in 2008, it became obligatory to revise all the disability laws to bring them in harmony with the UNCRPD. Therefore, the Mental Health Act - 1987 and Persons with Disability Act - 1995 are under process of revision and draft bills have been prepared. Human right activists groups are pressing for provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances.
Full Text Available Although contemporary criminal law accepts the system of subjective criminal liability for a committed crime, numerous European legal documents as well as criminal laws, especially those that have been adopted lately, envisage exceptions from this system. Thus, a new form of criminal liability is being introduced: objective liability based on the causation. One of the forms of objective liability is the criminal liability of legal entities, which has been considered disputable for a long time. Obviously, legal entities cannot be held accountable for all types of criminal offences. They cannot be held liable on the grounds of legal provisions regarding mental competence and culpability (as the elements of subjective criminal liability, nor can they be imposed all types of criminal sanctions recognized in criminal legislation in general. In their new or revised criminal legislation, many countries have recognized and inagurated the objective criminal liability of legal persons for committed criminal offences alongside with the predominant system of subjective liability (based on the perpetrator's mental competence and culpability. It is indisputable that some legal entities (such as state authorities cannot be prosecuted and held liable in criminal proceedings; consequently, there are some exemptions from criminal liability (particularly when it comes to the state and state bodies, but it does not exclude criminal liability of responsible officials (natural persons for causing the consequences of a criminal offence. Due to the specific character of legal and contractual capacity of legal entities, law in general and criminal legislations in particular prescribe special legal grounds for establishing criminal liability of legal entities, which differ from the subjective liability of a natural person (perceived as a conscious and reasonable human being acting on his/her own free will where the consequence of a criminal offence is a result of one
Martha Restrepo Forero
Full Text Available Esta investigación se orientó al estudio de la relación existente entre las variables psicosociales propuestas por el Modelo de Creencias en Salud y la realización de la citología vaginal por parte de una muestra de mujeres universitarias entre los 18 y 27 años. En la primera fase del estudio se construyó una batería de instrumentos con el fin de evaluar las diferentes variables de interés: sociodemográficas, psicosociales, de riesgo, y relacionadas con la conducta saludable; en la segunda fase se realizó un estudio descriptivo correlacional exploratorio con una muestra de 110 mujeres universitarias. Se observaron diferentes asociaciones entre las variables evaluadas y la realización de la citología vaginal, en donde las variables barreras percibidas, motivación para la salud y señales para la acción, mostraron asociaciones importantes con la realización y mantenimiento de dicha conducta saludable.
Marina de Góes Salvetti
Full Text Available A incapacidade relacionada à dor lombar crônica (DLC é um fenômeno complexo e multifatorial. O objetivo desse estudo foi identificar a prevalência e os fatores associados à incapacidade em pacientes com dor lombar crônica. Estudo transversal com amostra composta por 177 pacientes com DLC, de três serviços de saúde; que responderam ao formulário com dados demográficos, ao Inventário de Depressão de Beck, às Escalas Oswestry Disability Index, de autoeficácia para dor crônica, Tampa de Cinesiofobia e de Fadiga de Piper. A prevalência de incapacidade foi de 65% (IC95%: 57,5 - 72,0 e era de moderada a grave em 80,7% dos pacientes. O modelo de regressão múltipla identificou três fatores independentemente associados à incapacidade: ausência de trabalho remunerado, autoeficácia baixa e depressão. Os fatores associados à incapacidade identificados são modificáveis. Intervenções como recolocação no trabalho, tratamento para a depressão e reconceitualização da crença de autoeficácia podem ter um impacto importante na prevenção e redução de incapacidade.
Loisláyne Barros Leal
Full Text Available El objetivo fue evaluar la Calidad de Vida Relacionada a la Salud de personas con Diabetes Mellitus tipo 2. Investigación transversal, realizada con 100 diabéticos. La recolección de datos se llevó a cabo entre marzo y abril de 2012, en dos equipos de la Estrategia Salud de la Familia de Picos, PI, Brasil, a través de entrevista individual. Se aplicó formulario con variables socioeconómicas, clínicas y el Medical Outcomes Study 36 – Item Short Form Health Survey (SF-36. El promedio entre los componentes del SF-36 osciló de 34,8 (Aspectos físicos a 72,0 (Salud mental. Hubo asociación estadísticamente significativa del dolor y la capacidad funcional con el sexo, así como de la capacidad funcional y los aspectos emocionales con la actividad física (p <0,05. En conclusión, los participantes presentaron mejor evaluación en la calidad de vida en las dimensiones que integran el componente mental.
María Crespo Garrido
Full Text Available Resumen Introducción: En la actualidad, y debido a su avanzada edad y/o con comorbilidad diabética y cardiovascular asociada, un buen porcentaje de pacientes en hemodiálisis tienen que ser dializados mediante un catéter venoso central tunelizado. Objetivo: Conocer la producción científica existente sobre la bacteriemia relacionada con el catéter venoso central tunelizado de hemodiálisis. Material y Método: Se ha realizado una revisión sistemática mediante una búsqueda en las bases de datos SCOPUS, PubMed y ScieLo. Se incluyeron artículos escritos en inglés y español. Resultados: Fueron revisados 28 artículos, entre los cuáles se incluían guías de práctica clínica, revisiones y estudios de investigación. Tras el análisis de los mismos, se evidenció que la bacteriemia relacionada con el catéter afecta a un número considerable de pacientes que portan un catéter venoso central tunelizado para hemodiálisis y se encontraron diferentes actitudes terapéuticas para abordarla. En cuanto a su prevención, se encontraron numerosas publicaciones sobre la efectividad de diferentes medidas farmacológicas, y aunque fueron menos las publicaciones encontradas acerca de la profilaxis no farmacológica, estas recalcaron la importancia del estricto cumplimiento de medidas de higiene y asepsia, como herramienta principal para prevenir su aparición y situaron a enfermería como elemento fundamental para cumplirlas. Conclusiones: Las medidas de higiene y asepsia constituyen la base de la prevención de la bacteriemia relacionada con el catéter, siendo la enfermería un factor clave para que estas se cumplan; y debido a que la mayor parte de la literatura se centra en las medidas farmacológicas, son necesarios más estudios que evidencien su importancia.
This essay is a reply to the famous paper by John Gardner: Legal Positivism: 5½ Myths and the more recent paper by John Prebble: Kelsen, the Principle of Exclusion of Contradictions, and General Anti-Avoidance Rules. The reply is developed from the perspective of tax law where the respective issues are of major significance. The “5½ problems” correspond to Gardner’s arguments and are as follows: (#1) Legal Positivism centers on determining whether a tax law is “legally valid” based on its sou...
Full Text Available Public needs cannot be adequately funded without a clear and legally based affirmative legal status of taxpayers. The promotion and protection of their rights and regular fulfilment of tax obligations by taxpayers is the basis of fiscal and financial stability of the country and other public collectivities. It is essential for Montenegro to overcome the traditional gap between taxpayers and tax administration through their partnership. At the same time, we must not jeopardize the basic purpose of taxation - legal and timely payment of taxes. Simple and stable tax regulations and a non-discriminating and subtle approach to building tax discipline and development of tax morale should serve that purpose.
Rodica Diana APAN
Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.
Krug, H.E.P. Jr.
While contemplating the similarities between the law of torts and concepts of safety, the author realized that there was a close correspondence between the law of negligence and the way safety ought to be generally defined. This definition of safety is provided herein. A safety culture must have an adequate definition of safety in order to function most effectively. This paper provides a practical definition of safety that answers the question 'How safe is safe enough? The development rests on two bases: the subjectivistic-Bayesian definition of probability and certain legal definitions primarily from the tort law of negligence. The development also leads to the conclusion that one cannot generally expect greater specificity in determining how safe is safe enough than one finds in the legal definition of liability under the tort of negligence. It then follows that some of the public's aversion to complex technical undertakings is rooted in its typically intuitive and vague notions concerning safety
Abbasi, Mahmoud; Shamsi Gooshki, Ehsan; Allahbedashti, Neda
Abortion traditionally means, "to miscarry" and is still known as a problem which societies has been trying to reduce its rate by using legal means. Despite the pregnant women and fetuses have being historically supported; abortion was firstly criminalized in 1926 in Iran, 20 years after establishment of modern legal system. During next 53 years this situation changed dramatically, so in 1979, the time of Islamic Revolution, aborting fetuses before 12 weeks and therapeutic abortion (TA) during all the pregnancy length was legitimate, based on regulations that used medical justification. After 1979 the situation changed into a totally conservative and restrictive approach and new Islamic concepts as "Blood Money" and "Ensoulment" entered the legal debates around abortion. During the next 33 years, again a trend of decriminalization for the act of abortion has been continuing. Reduction of punishments and omitting retaliation for criminal abortions, recognizing fetal and maternal medical indications including some immunologic problems as legitimate reasons for aborting fetuses before 4 months and omitting the fathers' consent as a necessary condition for TA are among these changes. The start point for this decriminalization process was public and professional need, which was responded by religious government, firstly by issuing juristic rulings (Fatwas) as a non-official way, followed by ratification of "Therapeutic Abortion Act" (TAA) and other regulations as an official pathway. Here, we have reviewed this trend of decriminalization, the role of public and professional request in initiating such process and the rule-based language of TAA.
Theissen, A; Fuz, F; Catineau, J; Sultan, W; Beaussier, M; Carles, M; Raucoules-Aimé, M; Niccolai, P
The medico-legal risk specifically associated with the practice of ambulatory surgery is still not well studied. SHAM insurances are the biggest French provider of medical liability insurances. The study of the insurance claims provided by this insurer is therefore a relevant source of data on the complications related to ambulatory surgery. The aim of this study was to compare the claim rate related to ambulatory surgery with non-ambulatory surgery. We did a retrospective study on insurance claims provided by SHAM insurances between 2007 and 2011 to compare the claim rate related to ambulatory surgery with non-ambulatory surgery. We searched the files in the SHAM database, and then analyzed them. On the study period, out of a total of 29565 registered claims, 467 (1.6%) originated from ambulatory surgery. On the total of 29,098 registered claims for non-ambulatory surgery, 2151 (7.4%) led to a condemnation whereas the rate was 7% (33 out of 467 claims) for ambulatory surgery. The condemnations linked to ambulatory surgery amounted to 1.5% of the total (33 out of 2184), for a cost of 1.7 M€ (versus 400,3 M€ for non-ambulatory surgery). The average cost of a compensation is therefore 50,500 € for ambulatory surgery and 186,000 € for non-ambulatory surgery. The medical specialties concerned are primarily ophthalmology, abdominal and orthopedics surgery. The main identified causes were medical errors (n=16) and nosocomial infections (n=13). The claim rate in ambulatory surgery is proportionally less frequent with compensations three times less and were related to the most frequent type of surgery done in ambulatory settings. These data should help strengthen quality approach in ambulatory surgery. Copyright © 2014 Société française d’anesthésie et de réanimation (Sfar). Published by Elsevier SAS. All rights reserved.
Luciana Mendes Bruzi
Full Text Available Trata-se de relato de experiência com paciente do sexo feminino, 30 anos, com diagnóstico de recaída de Leucemia Mielóide Aguda, submetida à implantação de cateter e que apresentou necrose na ferida cirúrgica. Foram utilizados com sucesso: colagenase, alginato de cálcio e loção oleosa à base de ácidos graxos essenciais. Ficou claro que as complicações relacionadas a cateteres conferem um grande desafio à enfermagem oncológica além de determinarem atraso no tratamento oncológico. A correta tomada de decisão o quanto antes é de extrema importância e evita a retirada precoce do cateter.
Aleksandra M. Sil’chenko
Full Text Available Objective to conduct a comprehensive study of the concept of legal guarantees of creditorsrsquo rights and to identify some features of guarantees on the basis of the presented classification. Methods general scientific deduction comparative and system analysis formal logical method and special comparative legal and structuralfunctional methods. Results basing on the evaluation of different scientistsrsquo opinions the definition of the notion laquolegal guarantees of creditorsrsquo rightsraquo is given. Four classifications of legal guarantees of creditorsrsquo rights are proposed. Scientific novelty author39s definition of the notion laquolegal guarantees of creditorsrsquo rightsraquo is given. The essence of legal guarantees in general and legal rights of creditors in particular is defined. Classifications of legal guarantees of creditorsrsquo rights are given by the content and methods of implementation of creditorsrsquo rights guarantees by forms of providing guarantees to creditors general and special guarantees by the form of termination of legal personrsquos activity. The classifications are described in detail through examples. Practical value the results of this research can be used in scientificresearch activity. Theoretical conclusions formulated in the work can be used in the process of improving of the existing legislation and practice of its application.
Giannouli, Vaitsa; Tsolaki, Magda
Legal capacity of the elderly people in Greece is of great legal, medical and social importance, but has received little attention till now from medical literature. This paper aims to study whether elderly people with dementia are able to participate in legal contracts like sales, purchases, loans, leases, donations and testaments. We tried to introduce a new test for the above legal-financial contracts and show some preliminary findings. The test consists of six examined relevant domains concerning basic monetary skills, cash transactions, bank statement management, financial conceptual knowledge, knowledge of potential heirs (beneficiaries) and assets/estate and finally the decision making process for different dilemmas on sales, purchases, loans, leases, donations and testaments. We studied 203 people. Eighty three people were healthy, 64 with Alzheimer's disease (AD) (10 with severe AD, 22 with moderate, and 32 with mild AD), 10 with Parkinson's disease (PD), and 46 with amnestic Mild Cognitive Impairment (aMCI). Individuals were included in the study only if they were aged 60 and over and only if they had a partner or a guardian who could give information on the individual's daily living. The exclusion criteria were predefined as follows: history of any other mental health disease and/or any other serious somatic health disease except for their official diagnosis of dementia. Results showed statistically significant differences with all three groups of patients characterized as incapable for legal-financial actions. Patients with severe AD (PGreece, to confirm and expand our initial findings. In conclusion, our new test which is based on Marson's theoretical model of financial capacity seems to be highly correlated with the so far use of MMSE/HMSE scores, but it gives more specific information that is of interest in the field of civil forensics for characterizing someone as legally (in) capable for large and/or small scale financial acts. Our preliminary
Berlingher Remus Daniel
Full Text Available Legal entities play an increasing role in international economic relations, as well as in political, cultural, social or human relations. Any legal entity is subject to the law of a certain country, as it can only exist or function on the basis of legal provisions. In this sense, the paper analyses the law applicable to the organic statute of a legal entity, the importance and criteria underlying the establishment of a legal entity’s nationality, the recognition of foreign legal entities in Romania, as well as the rights and obligations of foreign legal entities residing in our country.
O. V. Krasnokutskyi
Full Text Available The Purpose is to investigate the legal cultural phenomenon in the riches of the contours of its essence, raising the level of this phenomenon as part of the system of determinants of the optimization of ideology of state-building in modern Ukraine. Methodology. The study is based on the principles of materialist dialectics and the principles of historicism, social determinism, complexity. The scientific novelty. The cultural and legal factors of optimization of the ideology of state-building are conceptually considered for the first time in modern Ukraine; three methodological points that should be targeted in the definition of «legal culture» are outlined; the definition of legal culture is improved; a working template program of improvement and increase of the level of legal culture in contemporary Ukrainian society is developed; four key conceptual areas of the program are outlined. Conclusions. Legal culture can be defined as a separate category to mark the legal system which was historically formed and the institutions of a state-organized society that are correlated with it, and also the legal knowledge and motives, forms, techniques and methods of legal activities, values, estimates with the necessity inherent to every people, class, nation, community groups, to the individual person at a certain stage of their development. Rise of the level of legal awareness is one of the leading systematic factors, cultural and code keys to optimizing the development of state-building ideology in the conditions of today's Ukraine. The program for the improvement and enhancement of legal culture in contemporary Ukrainian society is composed of four major conceptual areas: the growth of basic legal literacy; the rise of their legal awareness; the increase of theoretical justification of the existing legal reality, the prospects for its future development, the increase of the efficiency of the legal theory; progressive formation of legal ideology.
Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regulation analysis in scientific literature has been rather limited. The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has published a cybersecurity strategy alongside a Commission proposed directive on network and information security (NIS. The cybersecurity strategy – “An Open, Safe and Secure Cyberspace” - represents the EU’s comprehensive vision on how best to prevent and respond to cyber disruptions and attacks. The purpose of its is to further European values of freedom and democracy and ensure the digital economy can safely grow. Specific actions are aimed at enhancing cyber resilience of information systems, reducing cybercrime and strengthening EU international cyber-security policy and cyber defence. The main goal of the paper is to analyze and compare the EU cybersecurity strategy and experience of several foreign countries with the strategic legal regulation of cybersecurity in Lithuania. The article consists of four parts. The first part dealt with the EU cybersecurity strategy. The second part of the article examines the comparative aspect of foreign cybersecurity strategic legal regulation. The third part deals with attempts in Lithuania to draft cybersecurity law and the holistic approach of cybersecurity legal regulation. The fourth part examines Lithuanian cybersecurity strategy and comments on the main probleas related with the strategy. Several different approaches
Roberval Passos de Oliveira
Full Text Available O aumento de situações de violência no âmbito do trabalho vem se constituindo um importante problema de Saúde Pública, que tem impacto na dignidade e na qualidade de vida dos trabalhadores. Nessa perspectiva, este artigo tem como objetivo propor, a partir da discussão do fenômeno da violência e de sua faceta concernente ao trabalho, o conceito de violência relacionada ao trabalho, como referência para futuros estudos no campo da Saúde do Trabalhador. Trata-se de um artigo conceitual de síntese, no qual se buscou problematizar a questão da violência e suas interfaces com o conceito de poder, a fim de elaborar uma definição capaz de abarcar a diversidade e a complexidade da relação entre trabalho e violência, além de se mostrar suficientemente abrangente para incorporar a riqueza das discussões acumuladas no campo, sem perder a possibilidade de ser operativo. Argumentamos que a proposição do conceito de violência relacionada ao trabalho poderá evitar mal-entendidos provocados pelo uso de termos como violência do trabalho e violência no trabalho, além de instrumentalizar a produção de conhecimentos que fundamentem a elaboração de diagnósticos mais precisos sobre a condição do trabalhador brasileiro, e, consequentemente, a formulação de políticas de combate à violência e de promoção da cidadania.The increase of violence situations in the work environment is becoming an important Public Health problem, with impacts on workers' dignity and quality of life. In this perspective, the present article aims to propose the concept of work-related violence, as a reference for future studies in the field of Workers' Health starting from a discussion of the violence phenomenon and its work-related facet. This is a conceptual synthesis article, in which we have tried to look at the issue of violence and its interfaces with the concept of power, in order to build a definition able of embracing the diversity and
Ana Raquel de Carvalho Mourao
Full Text Available OBJETIVO : Analisar o nível de atividade física de idosos nos domínios do transporte e lazer e fatores associados. MÉTODOS : Estudo transversal com amostra populacional de 319 idosos em Maceió, AL, em 2009. O nível de atividade física relacionada ao transporte e ao lazer foi mensurado com aplicação do Questionário Internacional de Atividade Física, versão longa. As variáveis analisadas foram: idade, escolaridade, sexo, renda per capita e saúde percebida. Foram utilizadas análise descritiva e de regressão múltipla da razão de prevalência e teste de Fisher. RESULTADOS : Foram classificados insuficientemente ativos no transporte 87,5%, significativamente maior entre idosos com idades mais avançadas, com maior escolaridade e que se consideram insatisfeitos com a saúde física comparada. A prevalência dos idosos insuficientemente ativos no lazer foi de 76,2%, mais frequente nas mulheres, nos homens com idade avançada, nos idosos com menor renda per capita, nos que relataram estarem insatisfeitos com a saúde física comparada e a autopercepção da saúde mental. CONCLUSÕES : A prevalência de insuficientemente ativos foi elevada nos domínios transporte e lazer. Os fatores idade, sexo e renda devem ser considerados particularmente no lazer, a fim de garantir equidade no desenvolvimento de políticas de promoção da saúde e atividade física nessa população.
Ileana E Castañeda Abascal
Full Text Available Introducción: la humanidad se enfrenta a la elevación del número de ancianos(as. Cuba no es una excepción. La salud en ancianos(as es diferente, debido a los factores biológicos, psicológicos y culturales a que están expuestos a lo largo de la vida, de ahí la necesidad de su estudio. Objetivos: identificar las diferencias relacionadas con la salud de mujeres y hombres adultos mayores en el área de salud Cuatro Caminos, durante el año 2009. Métodos: se realizó una investigación descriptiva y transversal. El universo estuvo constituido por los 1 562 ancianos (761 mujeres y 801 hombres residentes en el área de salud Cuatro Caminos. La información se recolectó a través de los registros de adultos mayores, hojas de cargo de los consultorios médicos de la familia, y una entrevista semiestructurada aplicada a la totalidad del universo. Resultados: las edades más representadas para ambos sexos estuvieron entre 60 y 79 años. Tanto mujeres como hombres padecían enfermedades crónicas, destacándose la hipertensión arterial. Las féminas fueron más frecuentes en los ancianos frágiles y en estado de necesidad. Los ancianos solos fueron mayoritariamente hombres. Las mujeres se realizaron más los exámenes periódicos de salud y recibieron atención domiciliaria. Conclusiones: la salud, las actividades que realizan y la atención geriátrica son diferentes en mujeres y hombres adultos mayores.
Roberto Cano-de la Cuerda
Full Text Available La enfermedad de Parkinson (EP es un trastorno neurológico, discapacitante y progresivo caracterizado por múltiples síntomas motores y no motores que contribuyen al deterioro en la calidad de vida del paciente. La diversidad de síntomas asociados a la enfermedad y su manejo afectan a la funcionalidad y las expectativas del individuo sobre su bienestar físico, social y mental, que son los componentes fundamentales de la calidad de vida relacionada con la salud (CVRS. El objetivo del presente trabajo fue identificar las principales dimensiones de la CVRS afectadas en una población con EP con un grado de afectación leve-moderado. Treinta y seis pacientes con EP completaron este estudio transversal. Se emplearon el estadio de Hoehn y Yarh, el Unified Parkinson's Disease Rate Scale, la escala de actividades de la vida diaria de Schwab y England y el Test Get Up & Go. La calidad de vida fue valorada con el EuroQoL-5D y con el cuestionario Parkinson's Disease Questionnaire-39 items. Las dimensiones del PDQ-39, excepto el dominio PDQ-39 Dolor, así como el cuestionario EuroQoL-5D se correlacionaron de manera significativa con la gravedad de la enfermedad. La CVRS se correlacionó con el estado funcional de los pacientes. Únicamente el dominio PDQ-39 Dolor se correlacionó con el riesgo de caídas. Nuestros resultados sugieren que la CVRS de los pacientes con EP, en un estado leve-moderado de afectación, está muy influenciada por la gravedad de la enfermedad y el estado funcional.
Jan M. Broekman
Full Text Available The work of the great American philosopher Charles Sanders Peirce (1839-1914 becomes more and more appreciated beyond the boundaries of his pragmatism, a philosophical mainstream he founded in the early 20th century. This essay is inspired by five points of interest, all of which focus on law and legal discourse. Firstly, one should acknowledge that his proposal pertaining to a general theory of signs, which he called ‘semeiotics’ around 1860, leads to an untraditional and in-depth understanding of legal discourse: in essence, of law as a system of specific meanings and signs. Semiotics in general became a substantial part of his ‘evolutionary cosmology,’ an all-embracing approach to tackle classical and modern philosophical issues. Secondly, his anthropological intuition based on semiotics, (concentrated in the formula ‘man is a sign’ became important for our understanding of a human subject’s position in law, as author of a legal discourse as well as an individual subjected to law. Thirdly, the tensions between chance and continuity in legal discourse are of focal interest for the creation of legal meaning in law’s practices. Novelty, Peirce suggested in this context, occurs by the grace of chance rather than of continuity and fixed traditions. Fourthly, Roberta Kevelson (1931-1998 explored and expanded the field of legal semiotics on the basis of the works of Peirce. In doing so, she established an American tradition of legal semiotics distinct from a European tradition, which related more to linguists, psychologists and philosophers embracing structuralism. Fifthly, Tyche, the Ancient Goddess of fate and fortune, is because of Peirce’s references more at home in the US legal semiotic tradition. Her fame and influence reaches beyond law and became supported by recent archaeological discoveries, publications and exhibitions, which not only provide information about her background, but also underline her possible influence on
Full Text Available The development of the Internet and sophisticated search engines such as e.g. Google together with the spread of social networks have introduced new marketing possibilities of addressing potential clients with offer of goods and services. Unlike most traditional marketing procedures, these instruments allow for targeting the business information directly at concrete individuals, taking into consideration their age, sex, education, hobbies. All this is based on their choice of words keyed into the search engines. This is the targeted advertising where consumer response can be accurately measured, e.i. the so called context advertising.The purpose of this paper is to analyse the legal aspects of some of the above mentioned internet marketing instruments, as even in this sphere legal regulation clearly lags behind the dynamically developing possibilities of the Internet as a means of communication. These marketing methods being viewed from the perspective of valid laws, several problem areas may be detected, which concern the right of privacy protection of natural person, intellectual property, or legal regulation of implied or unsolicited advertising.This paper concentrates on the summary of rules of law which regulate internet users privacy protection with respect to the Czech and Community laws, assessment of their efficiency and de lege ferenda discretion.
Alderson, C.J.; Hogg, P.
Allied health and nursing professionals are continuing to expand their responsibilities into clinical areas outside their traditional spheres of interest; typically, many of these new responsibilities are found within the medical (doctor) domain. Such responsibilities are often at an advanced clinical level and consequently higher demands are placed upon the professionals, not least in terms of clinical updating, competence to practice and also legal liability. This article explores the legal implications of practising at an advanced clinical level with particular reference to legal claims. The first part of the article commences with an outline of pertinent law in England and Wales. The latter part of the article explores actual cases from which allied health professionals (eg radiographers) can gain valuable information. Throughout the article suggestions for good practice are indicated. Examples of good practice include: the need to base your practice on evidence and peer practice; the need to keep detailed records (protocols) of such practice; the need to know when you are at the limit of your ability; and as such when to ask for advice from a medical practitioner/radiologist
Full Text Available Legal aid in India has evolved over the last few decades since 42nd Amendment to the Indian Constitution. This paper attempts to provide philosophical underpinnings suggesting how legal aid model has evolved over the years and excogitate a newer trajectory for its future evolution. It delves into weighing Kant’s imperfect duty justifying a charity based regime and marks a transition to utilitarian model suggesting requirement of institutional need to address issues of basic liberty of ‘access to justice.’ It also spells out Rawls’ principles of justice and attempts to explore their applicability in the Indian context, to chart out a road map for future. While contrasting different models on legal aids, it makes a finding that, India doesn’t accord priority to liberty of access to justice. The Indian Supreme Court has emerged as a bastion of liberty but the finer details of the enactment has been messed up by the Indian lawmakers. The lower compensation to lawyers and lack of alternative incentives in attracting established litigators, testifies this. There is a convergence in Kantian duty of benevolence and Rawls’ liberty principle but in the world of moral relativism, a fair compensation must precede before imposing any obligation on lawyers to take up pro bono matters, as doing so, is likely to compromise their ‘true needs.’
The legal basis for the use of nuclear energy is generally given by an Atomic Energy Act. Additionally, however, a system of regulations and standards has to be set up to lay down more detailed requirements. The fundamental philosophy and strategy has to be specified by governmental organizations. For the specification and implementation of the requirements some minimum organizational arrangements are necessary, which are not only restricted to governmental organizations. Furthermore procedural regulations have to be laid down before the implementation phase. This includes aspects like public participation in the licensing procedure. In practice, however, the implementation of the legal requirements always shows some weakness of the basic legal requirements. To learn from this experience some examples are presented, which gave rise to difficulties in the implementation procedure. (orig./RW)
Patrícia Verônica Nunes Carvalho Sobral
Full Text Available This study reflects on the Legal Education, considering the criticism of contemporaneity. To reach the goal, the text is divided into: Critical, idealization and reality of legal education; Professor of law schools; The educational legislation Questions of legal education methodology; Pedagogy and the law. The reading of the sources referred the thought inferences about the teaching of law, the methodological approach and the didactic- pedagogic preparation, according to Associação Latino Americana de Metodologia do Ensino do Direito. Contributes to the continuity of academic debate in progress, it is a problem that concerns the professional higher education.
depends on the translation strategy chosen. To meet the needs of learners, legal translation dictionaries should be designed as augmented reference tools. Electronic and printed dictionaries should include sections or CD-ROMs with syntactic, translation etc. data as well as exercises and illustrative......Legal translation dictionaries for learners are reference tools that can help users with domain-specific discourse in a foreign language. The most common type is the bilingual law dictionary covering several or all the sub-fields within the general field of law. However, such law dictionaries tend...... strategies. When learners translate legal texts into a foreign language, it is important that their dictionaries can help them produce texts that conform to the expected style. This style requirement may be met by producing translations that use natural and idiomatic language, and really crafted dictionaries...
Full Text Available La presente investigación tuvo como objetivo describir las pautas, creencias y prácticas de crianza relacionadas con el castigo y su transmisión generacional en cuatro familias de nivel socioeconómico bajo de la ciudad de Bogotá. Utilizamos entrevistas semiestructuradas, historias de vida, observaciones de campo, y el Software Atlas.ti para analizar los resultados. Encontramos que las pautas de crianza relacionadas con el castigo están enmarcadas en el rol del abuelo o de la abuela como cuidador o cuidadora entre semana, en el del padre o madre como cuidador o cuidadora de fin de semana, y en el del niño o niña como el sujeto travieso. Las creencias se establecen en torno al niño o niña como fuerte y frágil, y al castigo como formador, ambivalente, maltratante y temido.
An overview of those legal areas which directly affect technical and planning decisions is presented in the form of 2 legal approaches which constrain the indiscriminate release of thermal discharges to receiving waters. One takes the form of private remedies which have traditionally been available to aggrieved parties who are in some way damaged by the harmful discharge. The 2nd approach utilizes the various statutory constraints leading to direct governmental action. It appears that statutory law is playing the prominent role in restricting the temperature to which receiving waters may be raised as a result of such discharges by using effluent limitations and water quality standards. (Water Resour. Abstr.)
textabstract“The language – and therefore also to some large degree the practice – of morality today is in great disorder,”1 Alasdair MacIntyre writes, and as long as our moral world is diverse and pluralistic, the confusion will not be easily overcome. Indeed, the legal world is daily confronted
Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication ...
Lindo, Jason M; Swensen, Isaac D; Waddell, Glen R
We consider the effect of legal access to alcohol on student achievement. Our preferred approach identifies the effect through changes in one's performance after gaining legal access to alcohol, controlling flexibly for the expected evolution of grades as one makes progress towards their degree. We also report RD-based estimates but argue that an RD design is not well suited to the research question in our setting. We find that students' grades fall below their expected levels upon being able to drink legally, but by less than previously documented. We also show that there are effects on women and that the effects are persistent. Using the 1997 National Longitudinal Survey of Youth, we show that students drink more often after legal access but do not consume more drinks on days on which they drink. Copyright © 2012 Elsevier B.V. All rights reserved.
Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær
Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment......, which seem to be beyond the scope of the Danish Planning Act. This paper deals with this problem through case studies and a legal analysis of present law. If the combination of the legally binding local plan and subsequent added requirements is misused, it will weaken the legal rights of the citizens...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements....
key private archives, consequently constitutes the first attempt to write a history of the legal service of the European executives from 1952 to 1967. With the functions and actions of the legal service being very far from the public spotlight, the story presented here has until now been completely...... the jurisprudence of the Court of Justice. However, it has not yet been able to refute or confirm Stein’s thesis. In fact, our knowledge about the legal service of the European executives (i.e. the legal service of the High Authority from 1952-1958 and the common legal service for all three executives from 1958......-1967) is still fairly limited. Historical literature on the history of the European executives has largely ignored the legal aspects of the European administration and the nature of the legal service. This paper, which is based on until now unused primary sources from the Commission archive as well as several...
Carolina Pérez Blancas
Full Text Available Introducción: El Trasplante Renal es la terapia renal sustitutiva que proporciona mayores beneficios a los pacientes con Insuficiencia Renal Crónica Terminal. Aún así, el paciente que ha recibido un injerto renal, sigue siendo un enfermo crónico que no tiene resueltos sus problemas de salud y cuya calidad de vida está asociada con diferentes factores que pueden influir en la misma. Objetivo: Conocer la producción científica sobre la CVRS del paciente TR. Metodología: Se realizó una búsqueda en las bases de datos de Pubmed, Science Direct, Google Académico, Scielo y Scopus. Se incluyeron artículos científicos escritos en inglés y español. Posteriormente se analizaron los artículos que trataban sobre la calidad de vida en el paciente trasplantado renal, excluyendo aquellos artículos que no presentaban resultados o no aportaban suficientes datos y aquellos que tenían como objeto de estudio pacientes pediátricos. Resultados: Se han incluido en esta revisión 42 artículos publicados entre el año 2000 y 2015. La mayoría de los estudios son trasversales y observacionales descriptivos y el Short Form-36 Health Survey es el instrumento más usado. Las variables estudiadas han sido género, edad, estado civil, nivel de estudios, datos bioquímicos, empleo, ingresos, tratamiento inmunosupresor, problemas psicológicos, diagnóstico principal, tiempo post TR, tiempo en diálisis, trasplante vivo vs cadáver y comorbilidades. Los datos que han mostrado correlación significativa sobre CVRS han sido género, estado civil, ingresos, nivel de estudios, datos bioquímicos, tratamiento, tiempo en diálisis y comorbilidades. Conclusiones: A la vista de estos resultados podemos afirmar que los factores que influyen de manera positiva sobre la CVRS son el sexo masculino, estar casado o tener pareja, alto nivel de estudios, niveles elevados de hemoglobina y hematocrito, y trasplante renal procedente de donante vivo. El TR presenta mejor CVRS
Sloat, Robert S.
Discussed from a teacher's perspective are the legal and cultural ramifications of drug abuse. The importance of teachers' examining their own values concerning drug use is emphasized. Also reviewed are the history of drug use and of narcotics legislation. Recommendations concerning legislative reform are discussed. (CL)
Roč. 7, č. 1 (2017), s. 40-49 ISSN 1805-8396 R&D Projects: GA ČR(CZ) GA16-26910S Institutional support: RVO:68378122 Keywords : biometric data * consumer protection * data protection Subject RIV: AG - Legal Sciences OBOR OECD: Law
Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard
Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery
Winkels, R.; Boer, A.; Vredebregt, B.; van Someren, A.
In this paper we present the results of ongoing research aimed at a legal recommender system where users of a legislative portal receive suggestions of other relevant sources of law, given a focus document. We describe how we make references in case law to legislation explicit and machine readable,
Nowadays geriatric rehabilitation is recognized as a matter of social law performance. Nevertheless there are very small chances to realize corresponding legal claims in view of the infra-structural deficits. This subscription works out the claims of social law for geriatric rehabilitation, names questions of delineation between illness, prevention and care indigence and discusses problems of geriatric rehabilitant institutions and services.
National School Boards Association, Alexandria, VA. Council of School Attorneys.
In a recent opinion the Supreme Court of the United States recognized that for many communities "school sports play a prominent role." Whatever purpose they serve, school sports also raise a number of legal issues that a school district must carefully handle in order to operate its athletics program with minimal risk of liability. This handbook is…
Clearwater, S.W.; Scanlon, J.M.
Waste minimization, or pollution prevention, has become an integral component of federal and state environmental regulation. Minimizing waste offers many economic and public relations benefits. In addition, waste minimization efforts can also dramatically reduce potential criminal requirements. This paper addresses the legal incentives for minimizing waste under current and proposed environmental laws and regulations
Macdonald, R. St. J.
Education in law, which was suspended during the 1976 Chinese Cultural Revolution, is now being steadily developed. Since 1978 the concept of law nihilism has been repudiated, juridical debate has expanded, publications and translated articles are appearing, and legal advisory offices have reappeared. (MSE)
Report published in the Proceedings of the National Conference on "Education and Research in the Information Society", Plovdiv, May, 2014 The paper examines the impact of virtual reality on legal education. Association for the Development of the Information Society, Institute of Mathematics and Informatics Bulgarian Academy of Sciences, Plovdiv University "Paisii Hilendarski"
Babín Vich, Francisco de Asís
The debate over drug legalization appears frequently in the media as a potential solution to issues such as drug trafficking and other problems related to drug use. In Spain, private consumption or even the production of small quantities of certain plants, whose active ingredients are considered illegal drugs, if clearly for own consumption are not practices criminalized by any law. In addition, a drug addict is considered a person who is ill. Although it has not always been like that even in the countries that have called for this debate, where at times the law prosecutes consumers. The population of our country, according to the views expressed in the opinion polls, prefer to increase preventive measures, foster the treatment freely assumed by drug addicts and make stricter the repression on drug trafficking. Therefore, when speaking of "legalization" we should be scrupulous with the semantics; legalize and decriminalize are not the same, it is not the same decriminalize consumption than decriminalize trafficking, neither is the same decriminalize private consumption than public consumption. Decriminalize private consumption is a fact in our country. Beyond this, we advocate for the strict need to analyze from a scientific perspective the hypothetical benefits that would result from drug legalization. Certainly, from the public health perspective, they are hard to find. We believe that the same logic applied to tobacco, increasing the restrictions on its use, is the path to follow with any addictive substance.
Explores the more purely theoretical side of the legal scholar's vocation, using Max Weber's text on the scholar's role titled "Science as a Vocation." Discusses the consequences of the tension between law schools' generalist "pretensions" and increasingly specialist character, and Weber's fact/value distinction. (EV)
Vilma Sousa Santana
Full Text Available OBJETIVO: Estimar o coeficiente de mortalidade por intoxicações ocupacionais relacionadas aos agrotóxicos no Brasil. MÉTODOS: Utilizaram-se dados do Sistema de Informações sobre Mortalidade de 2000 a 2009 referentes aos diagnósticos de intoxicação por agrotóxicos, T60.0-T60.4, T60.8 e T60.9, X48, Y18, e Z578 da CID-10, para a causa básica ou associadas; a natureza ocupacional foi identificada pelo registro no campo , e se a era na agropecuária. Foram excluídos homicídios e suicídios. Para cálculo da mortalidade, o número de trabalhadores da agropecuária foi obtido do Instituto Brasileiro de Geografia e Estatística, projeções do Sistema de Contas Nacionais. RESULTADOS: Foram encontrados registros de 2.052 óbitos por intoxicação por agrotóxicos no Brasil, dos quais 36,2% (n = 743 não continham dados sobre a ocupação. Dentre os 1.309 restantes, 679 (51,9% eram trabalhadores da agropecuária. A mortalidade por intoxicação ocupacional por agrotóxicos caiu de 0,56/100.000 (2000 a 2001 para 0,39/100.000 (2008 a 2009 entre trabalhadores no período, maior queda entre os homens que entre as mulheres. Os homens tiveram maiores estimativas de mortalidade por esse tipo de intoxicação em todos os anos. A maior parte dos óbitos foi causada por agrotóxicos do tipo organofosforados e carbamatos. O número de óbitos por esse tipo de intoxicação declinou em todas as regiões, exceto no Nordeste. CONCLUSÕES: É necessária a melhoria dos registros das declarações de óbito, em especial da ocupação e da relação dos diagnósticos com o trabalho, fundamentais para o controle e prevenção mais adequados para esses acidentes de trabalho. Atenção especial deve ser dirigida à região Nordeste do Brasil.
Caristina Robaina Aguirre
Full Text Available Se reflexiona sobre una problemática a tener en cuenta por el personal de salud dedicado al cuidado de la salud/seguridad y el bienestar de los trabajadores, las enfermedades relacionadas con la ocupación. En los momentos actuales en Cuba no es alta la incidencia de enfermedades profesionales debido a diversas razones; entre las que se encuentra un desarrollo lógico en el marco de la salud, que da lugar a prevenir estas patologías al conocer los factores de riesgo que las condicionan. Sin embargo, el trabajo y las condiciones de trabajo pueden, además, contribuir al desarrollo de morbilidad no específica, ya sea causando o agravando procesos, o indirectamente a través de estilo de vida asociado a la ocupación del trabajador. A estas importantes enfermedades que cada día afectan a los trabajadores dedicamos nuestro artículo desglosándolas, además en dos grandes, de acuerdo con la exposición laboral y en categorías grandes de enfermedades, donde se expone un grupo de las que más afecta a la población trabajadora cubana.This paper makes a reflection on a problem to be borne in mind by the health staff taking care of the health and safety and the wellbeing of workers, that is, work-related diseases. At present, Cuba does not exhibit a high incidence rate of professional diseases due to a number of reasons, among them, the logical development of the health care that gives rise to the prevention of these pathologies once the risk factors that determine them are known. However, work and working conditions can also contribute to unspecific morbidity by either causing or worsening processes or acting indirectly through the work-associated lifestyle. We devote our article to these significant diseases that affect our workers on a daily basis, breaking them down in two broad categories of diseases including a group of those that affect the Cuban working population the most.
Ruby Elizabeth Vargas-Toloza
Full Text Available Hoy en día las enfermedades cardiovasculares se consolidan como una de las primeras causas de muerte en el mundo entero. Según cifras del DANE, en Colombia murieron por infarto del miocardio en el año 2005, 24.081 personas, de las cuales el 56.22% correspondieron al sexo masculino y 43.78% al sexo femenino. Este comportamiento es muy similar en la ciudad de Cúcuta donde se presentaron en el mismo año 274 muertes de las cuales el 63.13% corresponden a personas de sexo masculino viéndose así que el grupo más afectado corresponde a mayores de 65 años con un 73.35%, donde se puede evidenciar la importancia que tiene esta entidad a nivel regional, nacional e internacional. De allí surge la inquietud de evaluar la calidad de vida relacionada con la salud de los pacientes postinfarto agudo de miocardio, debido a que estos no siempre recuperan la capacidad para mantener un autocuidado eficaz, y así de esta manera satisfacer sus necesidades físicas, biológicas y psíquicas, por lo cual pueden presentar distintos niveles de dependencia de los profesionales de la salud, cuidadores informales y hasta de su propia familia, convirtiéndose en una carga para ellos, generando en los pacientes estados de depresión, ansiedad y tristeza. Teniendo en cuenta que todos estos sentimientos son perjudiciales en la recuperación y a la vez, convirtiéndose en nuevos factores de riesgo tanto para la resentación de un nuevo infarto que e esta vez podría llegar a ser fatal o limitar gravemente las actividades de la vida diaria del paciente en tal grado que se pueda ver afectada su salud mental debido al estado de depresión en el cual puede caer el paciente.
T du Plessis
Full Text Available Since the advent of the latest constitutional dispensation in South Africa, legal researchers have been presented with new opportunities for research into constitutional issues, development and the relationship between constitutional law and other fields. This article investigates how information technology applications can support the legal research process and what the benefits of technology are likely to be to legal research. Furthermore, it investigates the changes and the impact that electronic resources and the digital information environment might have on legal research. This entails a study of the unique characteristics of digital legal research and of the challenges that legal researchers face in a changing information environment.
Abstract: This contribution aims to provide a first exploratory analysis of the criteria that must be taken into account by national authorities when considering the proportionality of public order measures restricting the individual's fundamental right to freedom of movement, such as area-based restrictions. The content of the proportionality principle as regards area-based restrictions is not always clear, in particular at European human rights level, while it is an important condition that...
Full Text Available Neurological disorders with a prolonged course, either remediable or otherwise are being seen increasingly in clinical practice and many such patients are young and are part of some organization or other wherein their services are needed if they were healthy and fit. The neurologists who are on the panel of these organizations are asked to certify whether these subjects are fit to work or how long they should be given leave. These certificates may be produced in the court of law and may be subjected to verification by another neurologist or a medical board. At present there are no standard guidelines in our country to effect such certification unlike in orthopedic specialty or in ophthalmology. The following is a beginning, based on which the neurologist can certify the neurological disability of such subjects and convey the same meaning to all neurologists across the country.
Melissa Volpato Curi
Full Text Available This paper aims to characterize the common or customary law of indigenous peoples in order to identify the legal pluralism existent in Brazil. Whereas each society presents its own social organization; positive law -- written, codified and founded on the state -- is not the only source of law, neither the safest or fairest manner to sort societies. The orality and the absence of the state in form of entity, which characterize customary law, give dynamism to indigenous societies and sort these communities based on the social body’s inherent rules.
Thula Rafaela de Oliveira Pires
Full Text Available The article's intention is to make an analyse of the emerging criminal policy movements in Brazil, especially after the 1980 decade, and their influence on legal education. Based on empirical research in Law Course UNIFESO (Teresópolis- Rio de Janeiro, it is sought to identify the political and criminal discourses prevalent in positions of hegemonic power among the Law scholars. Beyond the necessity of interdisciplinary approach, it is defended a more radical critique of the knowledge production process, with the affiliation of decolonial perspective, fundamental for the deconstruction of punitive normalization standards adopted by the modern States, of colonial slave matrix.
Yzermans, Maria; van Blom, C.L.; Broers, E.J.M.F.C.
The instructions classical rhetoric gives for the use of emotional means of persuasion still prove to be useful in modern professional legal practice, albeit that they need to be adapted to modern psychological concepts and current legal practice.
Claudiu Ramon D. Butculescu
Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.
The Devil Is in the Details! On Regulating Cannabis Use in Canada Based on Public Health Criteria; Comment on “Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts”
Full Text Available 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
Bruno Gil de Carvalho Lima
Full Text Available Além de constituir causa freqüente de internamentos obstétricos em países pobres, o aborto representa a incapacidade do sistema público de saúde de prover informação suficiente sobre métodos contraceptivos para prevenir gestações em vez de interrompê-las. No Brasil, as altas taxas de utilização de serviços de saúde por abortamentos refletem as dificuldades persistentes de contracepção e planejamento familiar. Além disso, a mortalidade por aborto serve como indicador da qualidade dos procedimentos abortivos, um ponto importante num país onde tal prática é ilegal e, portanto, clandestinamente realizada. No presente estudo, analisamos as taxas de mortalidade por causas relacionadas ao aborto entre mulheres de 10 a 54 anos de idade, incluindo aquelas que morreram por abortamentos espontâneos e provocados, de 1980 a 1995, segundo região de residência. As informações utilizadas foram obtidas do banco de dados sobre mortalidade do Sistema Único de Saúde --Ministério da Saúde. Dados sobre população foram obtidos junto à Fundação Instituto Brasileiro de Geografia e Estatística. Estudaram-se 2 602 óbitos. Do total de óbitos, 15% foram devidos a aborto retido, aborto espontâneo e aborto induzido com indicação legalmente admitida. Oitenta e cinco por cento dos óbitos foram causados por aborto induzido sem indicação legalmente admitida e por aborto sem causa especificada. Os coeficientes de mortalidade por causas relacionadas ao aborto têm decrescido continuamente no Brasil, mas tais avanços têm-se distribuído desigualmente no país. A região que apresentou a menor queda na taxa (38% em 15 anos foi o Nordeste. As mulheres que morreram por aborto tiveram uma média de idade decrescente no período estudado.Abortion is not only a major cause of obstetric hospitalization in poor countries, but it also represents the failure of the public health system to provide enough information about contraceptive methods and
Dan Perju-Dumbrava,; Ioana Mic; Ovidiu Sorin Chiroban
The evaluation of the evidentiary value of scientific evidence is the assessment of thestrength of the link between a finding and a person. It is usually a statisticalassessment but its presentation is full of pitfalls. The evaluation of scientific evidencemust be based on an established methodology to both evaluate, expose and interpretthe evidence. The formidable expansion in the use of DNA has not only increased theextent of interaction between forensic scientists and lawyers but more impo...
99 Legal Regulation of the Commercial Register Summary In my master diploma thesis, I describe legal regulation of the Commercial Register. This legal institution serves for the registration of entrepreneurs (both legal entities and natural persons - entrepreneurs) and is very important for free market economy. For these reasons, it is supposed to be one of the substantial topics in the field of contemporary Commercial Law. I chose this particular theme because I am interested in the Commerci...
Elena Codruta BADEA
In the last two decades, legal English has attracted increasing interest and awareness, especially because English is predominantly the language of international legal practice. Legal English must be seen in the overall context of English for Specific Purposes , as it shares the important elements of need analysis, syllabus design, course design, and materials selection and development which are common to all fields of work in ESP. As with other varieties of ESP, Legal English implies the def...
Claudiu Ramon D. Butculescu
This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On th...
A consideration of the diversity and fragmentation which characterise contemporary legal practice with particular reference to the situation in the North West of England. Article by Professor David Sugarman, Director, Centre for Law and Society, Lancaster University Law School - published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.
The Legal Implication of Palestine's Ad Hoc Declaration and Accession to the ICC's Jurisdiction Based on the Rome Statute 1998 (Case Study of Israeli Attacks on Gaza Strip from January 2009 to December 2014
Nabilla Utami Dhiya Rahmani
Full Text Available Abstract The conflict between Israel and Palestine on Gaza Strip has caused not only military casualties but also civilian casualties which are protected by the international law. The protection of civilians in armed conflict is basically set in the Geneva Convention of 1949 which has been ratified by Israel and Palestine, in which violations of its provisions constitute war crimes. This paper discusses the mechanism of the International Criminal Court based on the Rome Statute 1998 in enforcing the law against war crimes on Gaza Strip. Articles 13 and 15 of Rome Statute 1998 provide jurisdiction for the settlement of an international criminal case. Palestine has made several attempts in accepting the jurisdiction of the ICC in 2009 and 2015, namely through their declaration and accession which further gave legal implication on the implementation of the international law. Based on these studies, this paper will further discuss the legal implication of the Palestine's declaration in 2009 and 2015, as well as its accession in 2015. Abstrak Konflik yang telah terjadi bertahun-tahun antara Israel dan Palestina di jalur Gaza telah memakan tidak hanya korban militer namun juga korban sipil yang dilindungi oleh hukum internasional. Perlindungan terhadap penduduk sipil dalam konflik bersenjata pada dasarnya diatur dalam Konvensi Jenewa IV tahun 1949 yang telah diratifikasi oleh Israel dan Palestina di mana pelanggaran terhadap ketentuannya merupakan kejahatan perang. Penulis dalam tulisan ini membahas mengenai mekanisme International Criminal Court berdasarkan Statuta Roma 1998 dalam menegakkan hukum terhadap kejahatan perang di jalur Gaza. Berdasarkan Statuta Roma 1998 Pasal 13 dan 15, ICC memiliki yurisdiksi atas penyelesaian suatu kasus pidana internasional yang diajukan negara anggota, rekomendasi Dewan Keamanan PBB, investigasi mandiri yang dilakukan oleh jaksa Mahkamah Pidana Internasional, atau deklarasi ad hoc yang dilakukan bagi negara bukan
Karen Glazer Peres
Full Text Available OBJETIVO: Estimar a prevalência e identificar fatores sociodemográficos e parâmetros bucais associados ao impacto negativo da condição bucal na qualidade de vida de adolescentes. MÉTODOS: Foram analisados dados de 5.445 adolescentes entre 15 e 19 anos que participaram do inquérito nacional de saúde bucal (SBBrasil 2010, considerando a complexidade do desenho amostral. O desfecho foi a qualidade de vida relacionada à saúde bucal, avaliada por meio do questionário Oral Impacts on Daily Performance e analisada de forma discreta. As variáveis de exposição foram sexo, cor da pele, escolaridade, renda familiar, idade, cárie não tratada, perda dentária, dor de dente, oclusopatias, sangramento gengival, cálculo dentário e bolsa periodontal. Foram conduzidas análises de regressão de Poisson e apresentadas as razões de médias (RM, com respectivos intervalos de 95% de confiança (IC95%. RESULTADOS: Dos pesquisados, 39,4% relataram pelo menos um impacto negativo na qualidade de vida. Após o ajuste, a média do impacto negativo foi de 1,52 (IC95%1,16;2,00 vez maior no sexo feminino e 1,42 (IC95% 1,01;1,99, 2,66 (IC95% 1,40;5,07 e 3,32 (IC95% 1,68;6,56 vezes maior nos pardos, amarelos e indígenas, respectivamente, em relação aos brancos. Quanto menor a escolaridade, maior a média de impacto negativo (RM 2,11, IC95% 1,30;3,41, assim como em indivíduos com renda familiar até R$ 500,00 (RM 1,84, IC95% 1,06;3,17 comparados aos de maior renda. Encontrou-se maior impacto na qualidade de vida entre adolescentes com quatro ou mais lesões de cáries não tratadas (RM 1,53, IC95% 1,12;2,10, uma ou mais perdas dentárias (RM 1,44, IC95%1,16;1,80, com dor de dente (RM 3,62, IC95% 2,93;4,46 e com oclusopatia grave (RM 1,52, IC95% 1,04;2,23 e muito grave (RM 1,32, IC95% 1,01;1,72. CONCLUSÕES: Os adolescentes brasileiros relataram alto impacto negativo da saúde bucal na sua qualidade de vida. A iniquidade em sua distribuição deve ser
Dijkhuizen, Marjoleine Amma; Wieringa, Frank Tammo; Soekarjo, Damayanti D
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......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...
Christensen, T P; Kirking, D M; Ascione, F J; Welage, L S; Gaither, C A
To review the potential legal liability of the pharmacist in the drug product selection process. Published articles identified through MEDLINE, published law reviews identified through InfoTrac, and appellate court decisions. Search terms used included pharmacist liability, drug product selection, and generic substitution. Additional articles, books, and appellate court decisions were identified from the bibliographies of retrieved articles and citations in appellate court decisions. Pharmacists engaging in drug product selection are civilly liable under three legal theories: negligence, express or implied warranties, and strict product liability. Potential criminal liability includes prosecution for insurance fraud, deceptive business practices, and violation of state drug product selection laws and regulation. Pharmacists increase their liability when engaging in drug product selection, but the increase is small. Still, the law continues to evolve as pharmacists seek expanded roles and responsibilities. When courts give closer examination to pharmacists' expanded role, it is likely that pharmacists' liability will increase.
Full Text Available Mediation is a language activity that has been unjustly neglected when preparing law students for their future professional careers. When trained in a professional context, students need to develop and improve complex communicative skills. These include not only the traditional language skills such as reading, writing, listening and speaking, but also more advanced skills such as summarizing, providing definitions, changing registers etc. All these are involved in the students’ acquisition of ‘soft skills’ that are particularly important for students of law since much of their future work involves interpersonal lawyer-client interaction. This article argues that mediation is a crucial (though previously underestimated skill and that law-oriented ESP instruction should provide training aimed at developing this skill. Showing a practical application of this approach, the paper demonstrates that mediation can be successfully integrated in the legal English syllabus and make the learning of legal English more effective.
In France, it was only recently that cases related to high radon concentrations in dwellings received substantial publicity. This irruption of radon as a public health issue came with the general progress of scientific knowledge and the availability of a research capacity in France able to develop expertise. We are interested here in the legal implications of issues that arise from the lag between the activity of experts and the regulatory activity in the domain of radon. We use the term expertise very broadly, to cover the practical application of research findings, the relation of the researchers with the community, and finally the acts by which experts provide their knowledge to the community. We first examine the course by which science developed the radon issue and the way they organized to move from research to expertise; here we try to characterize the various needs for radon expertise. We then discuss the legal difficulties associated with radon expertise
J.P.B. De Mot (Jef); B. Depoorter (Ben); M.G. Faure (Michael)
textabstractBecause legal insurance policies cover the expenses of plaintiffs in bringing legal claims, such policies increase the risk of negligent or careless acts by tortfeasors. For this reason, potential tortfeasors would prefer to avoid injuring holders of legal insurance policies. Since
Serebrennikova, Anna; Mashkova, Yekaterina
This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…
The overall legal framework in Morocco is not a priority area for reform. The law-making process, however, is weak, resulting in poorly drafted laws, and legal dissemination is inadequate. Legal education relies upon outdated curricula and is offered in competing languages, French and Arabic, the selection of which largely determines students' choices for future employment. The training of...
Meyer, John W.
Legalization here refers to the introduction into the educational system of new legal rules, emanating from outside the routine channels of educational management. It includes general legal rules from legislation, from the courts, or from higher administrative levels. The key to the definition is lack of integration of the new rules with the main…
... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Legal custody. 1275.14... THE NIXON ADMINISTRATION General Provisions § 1275.14 Legal custody. The Archivist of the United States has or will obtain exclusive legal custody and control of all Presidential historical materials of...
The Legal Counsel works with, and provides legal and strategic advice to, staff throughout the Centre, at all levels. The Legal Counsel assists the Corporate Secretary and General Counsel in advising, and providing support to, Centre management and the Board of Governors on corporate governance matters.
M. Bodig (Matyas)
textabstractThe paper offers a legal theoretical analysis of the disciplinary character of the contemporary practice of legal scholarship. It is assumed that the challenges of interdisciplinary engagement are particularly revealing about the nature of legal scholarship. The paper argues for an
Oswald, Ramona Faith; Kuvalanka, Katherine A.
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,"…
In this paper the thesis is argued that there is no need for a special legal logic to deal with the defeasibility of legal arguments. An important argument for this thesis is that legal judgements ask for a complete justification and that such a complete justification requires a deductively valid
... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Legal proceedings. 180.965 Section 180.965 Grants and Agreements OFFICE OF MANAGEMENT AND BUDGET GOVERNMENTWIDE GUIDANCE FOR GRANTS AND AGREEMENTS... § 180.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial...
The incumbent provides first-level management of the legal operations in the Office of the Secretary and General Counsel, with particular emphasis on supporting the lawyers, monitoring and coordinating the flow of legal information and workload, conducting basic research including through the use of legal databases, and ...
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...
... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legal adviser. 327.6 Section 327... PUBLIC HEARINGS § 327.6 Legal adviser. At each public hearing, the district counsel or his designee may serve as legal advisor to the presiding officer. In appropriate circumstances, the district engineer may...
... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... the district engineer determines that legal action is appropriate, he will prepare a litigation report...
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.22 Section 3.22 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review. Claims filed under this subpart shall be forwarded to the legal division of the bureau or office out of whose...
... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Legal guardians. 3b.5... INFORMATION General § 3b.5 Legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental...
Oye, K; Baird, L G; Chia, A; Hocking, S; Hutt, P B; Lee, D; Norwalk, L; Salvatore, V
In April 2012, MIT's Center for Biomedical Innovation and the European Medicines Agency (EMA) cosponsored a workshop on legal foundations of adaptive pharmaceuticals licensing. Past and present attorneys from the US Food and Drug Administration (FDA), the EMA, and Health Sciences Agency Singapore (HSA) found that existing statutes provided authority for adaptive licensing (AL). By contrast, an attorney from Health Canada identified gaps in authority. Reimbursement during initial phases of adaptive approaches to licensing was deemed consistent with existing statutes in all jurisdictions.
This paper briefly deals with relevant technological advances, business prospects for space tourism and related policy developments with a view to forecast the viability of space tourism industry. It further analyses applicable international space law and some national laws that particularly have direct relevance to space tourism. Legal lacunae are identified and suggestions are made with a view to encourage the development of this newest application of space technology.
Full Text Available As a member of the European Union and of other regional and world organizations responsible for global environmental protection, Romania has adopted internally a set of measures aimed at protecting the environment. In this paper we conducted a general review of the developments of the way of legal defense of the most important environmental values at international and national level, with an emphasis on internal legal rules. We also examined briefly the civil, administrative, and criminal liability of individual and legal entity that violates the current environmental laws. Our research regards the means by which there are protected by the rules of law the main values of the environment, by examination and critical remarks. The results of the research presented at the conclusions, highlight the need to harmonize the national legislation with the European one and the need to amend and supplement the New Criminal Code with a special chapter covering major environmental offenses. The study is useful for those who carry out their activity in this domain, especially professors and students of the law faculty
Bianca Chassot Benincasa
Full Text Available Introdução: Indicadores de gestão hospitalar são utilizados para mensurar quantitativamente a qualidade da gestão e proporcionam informações fundamentais para o seu controle. Esse estudo compara a taxa de infecção pós-parto relacionada ao parto cesáreo e vaginal. Embora o risco de infecção puerperal esteja presente em ambos os procedimentos, o risco é maior após o parto por cesariana, devido à natureza invasiva do procedimento. Objetivo: Comparar a taxa de infecção relacionada ao parto cesáreo com a de parto normal buscando avaliar a correlação de um possível aumento de risco. Métodos: Estudo de caráter observacional, cujos dados foram coletados no sistema de Indicadores de Gestão (IG do Hospital de Clínicas de Porto Alegre (HCPA, abrangendo o período de janeiro de 2004 a dezembro de 2010. Resultados: A taxa de cesariana no HCPA foi 32,55% durante o período investigado. Houve uma diferença entre a taxa de cesarianas cobertas pelo SUS (31,80% e por outros convênios (70,59%. Entre os nascimentos no HCPA durante o mesmo período, a taxa de infecção após partos por cesariana foi de 2,8% e 0,8% após partos vaginais. Conclusão: A taxa de infecção associada à cesariana é maior do que a relacionada aos partos normais. A taxa de infecção de cesarianas vem diminuindo desde 2009. Palavras-chave: parto normal; parto cesáreo; infecção puerperal.
Full Text Available Legal argument is a debate or argument in explaining the issues between two or more people performed in court. Legal argument is one way to perform law finding with the purpose to avoid legal vacuum when the judge makes a legal reasoning in a verdict. In making a legal argument, it is at least performed by legal reasoning, logic, facts. However, some judges, in making a decision, did not use the legal arguments by legal reasoning and facts so that it resulted in debates and arguments. It is interesting to study on how to build legal argument in the litigation mechanism in Indonesia. Some verdicts in Indonesia have been the debate among the public through social media, by both academic and non-academic communities, because they were not based on the legal facts revealed at the trials and not in favor of the public sense of justice. Some of the examples are the verdict in the case of the environmental lawsuits of Lapindo Brantas Mud in Sidoarjo, the case verdict in Palembang District Court on the lawsuit filed by the Ministry of Environment and Forestry on forest fires and land concessions of PT. Bumi Mekar Hijau in 2014. From the decisions, it turned out that the judges, in making the legal arguments for their decisions, had deviated from the analogy and were not based on the existing legal facts. In building legal arguments, it would have to be conducted by collecting data (evidence and clear fact so that its solutions do not deviate from the rules of law
Francisco M. Mora Sifuentes
Full Text Available Resumen: Luigi Ferrajoli ha sido catalogado a menudo de neoconstitucionalista no obstante defender algunas tesis que dificultan encuadrarle en dicha corriente. Ello puede verse de forma clara en su concepto de norma. En este trabajo intentaré mostrar en qué sentido Ferrajoli se aleja del neoconstitucionalismo basado en principios para, posteriormente, incidir en la importancia de reglas en el marco general de Principia Iuris.Abstract: Luigi Ferrajoli is commonly known as a neoconstitucionalista. However, he has always defended some theses that make it difficult to confirm that assertion. This fact can be observed in his concept of norm. In this paper I intend to show in what sense Ferrajoli tends to separate his garantismo from principle based neoconstitutionalismo in order to, finally, stress the importance of rules in the general frame of Principia iuris.
José Antonio Mirón Canelo; Montserrat Alonso Sardón; Alberto Serrano López de las Hazas; María del Carmen Sáenz González
OBJETIVO: Establecer la calidad de vida relacionada con la salud (CVRS) percibida por las personas con discapacidad intelectual en la provincia de Salamanca, España. MÉTODOS: Estudio descriptivo transversal de base poblacional. Se aplicó el cuestionario de salud SF-36, adaptado y validado para la población española, a 265 personas con discapacidad intelectual de la provincia de Salamanca, España. Se realizaron entrevistas personales a los participantes en presencia de sus padres, tutores o fa...
Gallardo Schultz, Adriana; Picasso Pozo, Miguel Ángel; Huillca Castillo, Nancy; Ávalos Márquez, Juan Carlos
Objetivo. Determinar la autopercepción de la calidad de vida relacionada a la salud oral en personas atendidas en la Casa del Adulto Mayor de la Municipalidad de Chorrillos, Lima, Perú. Material y métodos. El estudio fue de tipo descriptivo. La muestra estuvo conformada por 164 adultos mayores seleccionados mediante muestreo no probabilístico con voluntarios. La información se obtuvo mediante una entrevista estructurada; el instrumento de recolección de datos incluyó información sobr...
J B Mesa-Cruz
Una gran proporción del conocimiento en patologías relacionadas al tracto reproductivo en herbívoros, carnívoros y primates ha sido producto de la investigación realizada en animales de compañía o con importancia económica y de salud humana. Esta revisión bibliográfica tiene como objetivo abordar y describir brevemente enfermedades del tracto reproductivo de origen infeccioso, no infeccioso y finalmente considerar algunos aspectos importantes en condiciones de cautiverio que afectan la habi...
Yania Luisa Jiménez Madrigal; Jorge Manuel Álvarez Blanco; María de los Ángeles Vázquez Rodríguez
Se realizó un estudio descriptivo de corte transversal y retrospectivo referente al comportamiento de la neutropenia relacionada con la quimioterapia en tumores sólidos en el período comprendido Enero 2009- 2013 atendido en el servicio de oncología del Hospital General Universitario Camilo Cienfuegos de la provincia Sancti-Spíritus. La población la conformaron 230 enfermos neutropénicos relacionados con la quimioterapia. La investigación describe de forma general la relación existente entre l...
Graciela Lucía Tonello; Natalia Valladares
La conciencia ambiental es definida como un concepto multidimensional que constituye la dimensión actitudinal del comportamiento pro ambiental. En un contexto global y local de crisis energética, el presente trabajo tuvo como objetivos investigar las interrelaciones entre las diferentes dimensiones de la conciencia ambiental y la posible sustentabilidad detrás de conductas relacionadas con el uso de la iluminación, en una muestra de estudiantes universitarios. La metodología incluyó el desarr...
Adriana Cristina Nicolussi; Namie Okino Sawada; Fernanda Mara Coelho Cardozo; Viviane Andrade; Juliana Maria de Paula
Estudio transversal,cuyo objetivo fue evaluar la Calidad de Vida relacionada con la Salud en pacientes con cáncer en quimioterapia, identificar dominios afectados y asociarlos con datos sociodemográficos, clínicos y terapéuticos de la amuestra. Llevado a cado con 152 pacientes entre 2009-2011 en dos centros de quimioterapia, en Ribeirão Preto, SP, Brasil. Se utilizó el instrumento Quality of Life Questionnaire Core-30 . La Calidad de Vida general fue considerada buena, los dominios afectados ...
Kurniawan, E. Joeni Arianto
‘Justice’, philosophically, is classified into two; legal justice and social justice. Legal justice refers to justice based on the parameters of the rules while social justice may be defined as equality arises from human relation in the existing social structure. Referring to the implementation of the law nowadays, it is likely that justice cannot be achieved by looking only at the legal justice. Providing justice should also count on the aspect of social justice. Most of the time, the proble...
Lake, Stephanie; Kerr, Thomas
A recent editorial in this journal provides a summary of key economic, social, and public health considerations of the forthcoming legislation to legalize, regulate, and restrict access to marijuana in Canada. As our government plans to implement an evidence-based public health framework for marijuana legalization, we reflect and expand on recent discussions of the public health implications of marijuana legalization, and offer additional points of consideration. We select two commonly cited ...
Komiya, Isao; Umezu, Yoshiyuki; Fujibuchi, Toshiou; Nakamura, Kazumasa; Baba, Shingo; Honda, Hiroshi
The non-self-shield compact medical cyclotron and the cyclotron vault room were in operation for 27 years. They have now been decommissioned. We efficiently implemented a technique to identify an activation product in the cyclotron vault room. Firstly, the distribution of radioactive concentrations in the concrete of the cyclotron vault room was estimated by calculation from the record of the cyclotron operation. Secondly, the comparison of calculated results with an actual measurement was performed using a NaI scintillation survey meter and a high-purity germanium detector. The calculated values were overestimated as compared to the values measured using the Nal scintillation survey meter and the high-purity germanium detector. However, it could limit the decontamination area. By simulating the activation range, we were able to minimize the concrete core sampling. Finally, the appropriate range of radioactivated area in the cyclotron vault room was decontaminated based on the results of the calculation. After decontamination, the radioactive concentration was below the detection limit value in all areas inside the cyclotron vault room. By these procedures, the decommissioning process of the cyclotron vault room was more efficiently performed. (author)
W. Arnold Hoppe, Dr.
Full Text Available Temor y ambivalencia son aspectos centrales en la matriz sociocultural relacionada con la muerte encefálica. Para el médico que debe evaluar pacientes y certificar el diagnóstico de muerte encefálica es crucial contar con una sólida comprensión de la fisiopatología, los criterios diagnósticos y de los exámenes complementarios. La existencia de un marco legal coherente y completo para el diagnóstico de muerte encefálica, independiente de la potencial donación de órganos, es ciertamente crucial para el médico. La relevancia que tiene en este sentido el fallo del Tribunal Constitucional de Chile del 13 de agosto de 1995 se analiza en profundidad.
Full Text Available In the article on the basis of the methodology of system analysis the legal nature and sources of legal regulation of the legal regime of official information in Ukraine in the conditions of adaptation of Ukrainian legislation to the legislation of the European Union are considered. A comparative legal analysis of official information in the public-law and private-law spheres in the context of legal regimes of restricted information, confidential information and information classified as state secrets has been conducted.
Anderson-Carpenter, Kaston D; Collie-Akers, Vicki; Colvin, Jeffrey D; Cronin, Katie
Health disparities among low-income individuals remain a significant problem. A number of social determinants are associated with adverse health outcomes. Medical-legal partnerships address legal concerns of low-income individuals to improve health and wellness in adults and children. The Medical-Legal Partnership at Legal Aid of Western Missouri provides free direct legal services for patients with legal concerns affecting health. There is limited evidence regarding the association between advocacy-related efforts and changes within both the medical-legal partnership structure and in health-care facilities. Three health-care organizations in Kansas City, MO participated in implementing the medical-legal partnership model between 2007 and 2010. Advocacy efforts conducted by key medical-legal partnership personnel were strongly associated with changes in health-care organizations and within the medical-legal partnership structure. This study extends the current evidence base by examining the types of advocacy efforts required to bring about community and organizational changes.
The article outlines archival sources for legal biography held at the Institute of Advanced Legal Studies, focussing on primary sources of information on individuals, including the Law Society and Bar Examination results. It also summarises additional sources which provide biographical information on legal practitioners and scholars eg. the archives of The Society of Legal Scholars and the Council of Legal Education, IALS institutional archives, The Bar Council, The International Law Associat...
Full Text Available The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations. The article is then focused on the scope of the absolute Constitutional guarantee of the right to legal personality as well as on the Constitutional prohibition of discrimination which gives rise to the general equality before the Constitution and the law. The focus of this article is the moment when the legal capacity, or legal personality, is considered to be acquired. It then moves to the issue whether limiting the access to techniques of assisted reproduction (biomedical conception is contrary to the general rules on legal capacity, and whether this is a genuine form of biomedical discrimination.
Pashkov, Vitalii M; Olefir, Andrii A; Bytyak, Oleksiy Y
In the article discribed current trends of advertising in the pharmaceutical market and foreign experience of legal regulation of these relations. As for the advertising of medicines identified it's symptoms, types, basic rules and prohibitions. Modern pharmaceutical companies can not successfully carry out economic activities without advertising. Besides we can mention some fundamental changes in society (information overload, universal access to internet, social media, freedom of movement of goods, labor and finance), also self-medication becomes more popular. At the same time, the number of deaths after improper and uncontrolled use of drugs ranks fifth in the world among the causes of death. Investigate current trends of advertising on the pharmaceutical market, find advertising signs, basic restrictions and prohibitions on advertising of medicines, as well as foreign experience of legal regulation of these relations. Despite the fact that pharmaceutical advertising were studied by such scholars as M. Abraham, L. Bradley, C. Dunn, J. Donoh'yu, D. Castro, M. Lipski, K. Taylor and others, number of issues related features of drug advertising, remained without proper theoretical studies. Based on the analysis can come to the conclusion that advertising of medicinal products are the subject of special attention from the state. Drugs, unlike other products, are a group of specialized consumer products. Risks increase when patients under the influence of «aggressive» advertising resort to self-medication. If a complete ban on advertising of medicines is inappropriate, you should set stricter requirements for the content of advertising and product placement rules. That is, in the national legislation to implement regulatory requirements of Directive 2001/83 / EC. Legal regulation of drug advertising can be improved by such legal means: - should provide for a mechanism of public control over the observance of ethical standards in the advertising of medicinal products
Full Text Available The paper is aimed at shedding new light on the multiple dimensions of legal terms which can be unearthed in the process of terminology mining as a crucial stage in translation. It proposes to view legal terminology from a sociocognitive perspective, according to which terms are perceived as expressing units of understanding based oncognitive frames rather than rendering concepts in their traditional definition. Upon closer scrutiny most of these units reveal significant information regarding their verbal and extra-verbal dimensions. We therefore suggest analysing units of understanding expressed by simple terms, multiple elements terms and phraseology as depositories of knowledge providing information on the text type in which they occur, as well as on there levant area of law, the legal system and the wider culture underlying the text. In this context, terminology mining is not intended merely as extraction of terms, but rather as their analysis, comparison and structuring which reveals aspects such as their multiple embeddedness, as well as their historical, ideological, metaphorical, status-conferringand common Latin dimension.
Adriana Cristina Nicolussi
Full Text Available Estudio transversal,cuyo objetivo fue evaluar la Calidad de Vida relacionada con la Salud en pacientes con cáncer en quimioterapia, identificar dominios afectados y asociarlos con datos sociodemográficos, clínicos y terapéuticos de la amuestra. Llevado a cado con 152 pacientes entre 2009-2011 en dos centros de quimioterapia, en Ribeirão Preto, SP, Brasil. Se utilizó el instrumento Quality of Life Questionnaire Core-30 . La Calidad de Vida general fue considerada buena, los dominios afectados fueran: función emocional, desarrollo de papel, dolor, fatiga, insomnio y pérdida de apetito. Pacientes del sexo femenino, entre 40-60 años, económicamente activos, con cáncer gástrico, pulmón, neurológico y piel, con metástasis y los pacientes que se sometieron a cirugía y/o radioterapia concomitante presentaran déficit en varias áreas y presencia de más síntomas. El cáncer y su tratamiento afectaran de alguna manera los pacientes, causando déficits en las funciones desarrolladas e más síntomas, perjudicando la Calidad de Vida Relacionada con la Salud.
Lake, Stephanie; Kerr, Thomas
A recent editorial in this journal provides a summary of key economic, social, and public health considerations of the forthcoming legislation to legalize, regulate, and restrict access to marijuana in Canada. As our government plans to implement an evidence-based public health framework for marijuana legalization, we reflect and expand on recent discussions of the public health implications of marijuana legalization, and offer additional points of consideration. We select two commonly cited public concerns of marijuana legalization – adolescent usage and impaired driving – and discuss how the underdeveloped and equivocal body of scientific literature surrounding these issues limits the ability to predict the effects of legalization. Finally, we discuss the potential for some potential public health benefits of marijuana legalization – specifically the potential for marijuana to be used as a substitute to opioids and other risky substance use – that have to date not received adequate attention. PMID:28812816
Elmer, D.B.; Rogers, K.; Vanston, J.H.; Elmer, D.B.; Gustavson, T.C.; Kreitler, C.W.; Letlow, K.; Lopreato, S.C.; Meriwether, M.; Ramsey, P.; Rogers, K.E.; Williamson, J.K.
The legal issues are discussed in two areas: legal scholarship and legal support. Scholorship is distinguished from support by concentration on abstract analyses of issue that include resource definition, ownership, taxation, and multistate reservoirs. Support is based entirely on those legal tasks called up by the technical work schedule in the areas of Resource Assessment, Advanced Research and Technology, Institutional and Environmental, and Resonance Utilization. The legal section will, in the future, make recommendations and implement procedures designed to assist in the rapid and orderly development of the resource. The PERT (Program Evaluation Review Techniques) chart for sequencing of legal scholarship and support tasks is included. An oral presentation on geothermal resources in Texas, a resource model for the resource utilization section, and some excerpts from legislation pertaining to geothermal energy are provided in an Appendix. (MCW)
Full Text Available Introduction: Penitentiary Nursing has experienced during the last decades a deep transformation similar to that experienced by the rest of the Nursing. However, there is a great distance from the protective legislation. Objective: To analyze the main legal documents which regulate the functions of Penitentiary Nursing and to compare it with the health care reality of nurses in Spanish prisons. Methodology: Narrative bibliographic review based on various sources such as Medline, Cuiden, Scielo, Dialnet, etc. Results: Is selected 43 documents, due to its relevance with the theme object of study. Is rejected 4 articles for lack of the same. Analyzed documents regarding legal framework and functions of nursing in prisons in its different sections (health care, teaching, research and management. Conclusion: The functions currently carried out in prisons are the ones provided for by health care legislation outside the prison context, along with the internal administrative regulations established by prisons. The possibility should be reconsidered of integrating Prison Healthcare into the Public Healthcare System so as to guarantee equality of healthcare for persons deprived of liberty and to provide the same rights and obligations to health professionals working in this sector.
Penitentiary Nursing has experienced during the last decades a deep transformation similar to that experienced by the rest of the Nursing. However, there is a great distance from the protective legislation. To analyze the main legal documents which regulate the functions of Penitentiary Nursing and to compare it with the health care reality of nurses in Spanish prisons. Narrative bibliographic review based on various sources such as Medline, Cuiden, Scielo, Dialnet, etc. Is selected 43 documents, due to its relevance with the theme object of study. Is rejected 4 articles for lack of the same. Analyzed documents regarding legal framework and functions of nursing in prisons in its different sections (health care, teaching, research and management). The functions currently carried out in prisons are the ones provided for by health care legislation outside the prison context, along with the internal administrative regulations established by prisons. The possibility should be reconsidered of integrating Prison Healthcare into the Public Healthcare System so as to guarantee equality of healthcare for persons deprived of liberty and to provide the same rights and obligations to health professionals working in this sector.
Full Text Available Clinical neuroscience has made tremendous advances over the last century. Neurology as a discipline is still considered challenging and at times risky due to the natural history and progressive course of few of the neurological diseases. Encouragingly, the patient and their caregivers are now increasingly willing to be actively involved in making decisions. The patients' relationship with the doctor is a reflection of the society. A society that is orienting itself toward “rating” and “feedback” has made this doctor–patient relationship, a consumer–service provider relationship. This perhaps is due to commercialization of health that usually accompanies globalization. Moreover, a rapid influx of information from potential erroneous sources such as the Internet has also made patient and caregivers not being hesitant to taking legal course in the case of adverse events during treatment or simply because of dissatisfaction. The purpose of the legal process initiated by patients with neurological ailments is more often to compensate for the income lost, physical and psychological anguish that accompanies disease and its treatment, and to fund treatment or rehabilitation requirements. However, it is not clearly established if monetary benefits acquired lead to better opportunities for recovery of the patient. The consumer protection act and commercialization of medical services may well have an adverse effect on the doctor and patient relationship. Hence, there is a great need for all medical professionals to mutually complement and update each other. This review examines legal (litigation processes with special interest on medicolegal system in patients with neurological ailments and the challenges faced by the neurologist during day-to-day clinical practice.
Jayalakshmi, Sita; Vooturi, Sudhindra
Clinical neuroscience has made tremendous advances over the last century. Neurology as a discipline is still considered challenging and at times risky due to the natural history and progressive course of few of the neurological diseases. Encouragingly, the patient and their caregivers are now increasingly willing to be actively involved in making decisions. The patients' relationship with the doctor is a reflection of the society. A society that is orienting itself toward "rating" and "feedback" has made this doctor-patient relationship, a consumer-service provider relationship. This perhaps is due to commercialization of health that usually accompanies globalization. Moreover, a rapid influx of information from potential erroneous sources such as the Internet has also made patient and caregivers not being hesitant to taking legal course in the case of adverse events during treatment or simply because of dissatisfaction. The purpose of the legal process initiated by patients with neurological ailments is more often to compensate for the income lost, physical and psychological anguish that accompanies disease and its treatment, and to fund treatment or rehabilitation requirements. However, it is not clearly established if monetary benefits acquired lead to better opportunities for recovery of the patient. The consumer protection act and commercialization of medical services may well have an adverse effect on the doctor and patient relationship. Hence, there is a great need for all medical professionals to mutually complement and update each other. This review examines legal (litigation) processes with special interest on medicolegal system in patients with neurological ailments and the challenges faced by the neurologist during day-to-day clinical practice.
Administrative legal protection, according to Basic Law, is the right of the individual for protection, i.e. protection of 'subjective' rights based on 'objective' law. The extension of this legal protection beyond the legal protection of the individual has been under discussion lately, mostly in connection with a joint board suit, not so often with citizen actions which comprise 'individual suit' and 'joint board suit', mainly in environmental protection law (e.g. actions brought against nuclear power plants). Such rights are not to be conceded to everybody and every association, but only to a few supraregional associations with legal status, e.g. the citizen association environmental protection. (HP) [de
Full Text Available The importance of prevention in the fight against corruption is indisputable. However, prevention is effective and sustainable if it works, meaning that tools and strategies that are fit to achieve this goal need to be identified. The regulation of persons who give integrity warnings (whistleblowers and, in this context, their legal protection are part of efforts to identify such instruments. The present study reveals aspects of the evolution of regulation for those who give integrity warnings in Romania and the world in an attempt to identify solutions for this instrument itself to become effective in preventing corruption.
The aim of this paper is to shed new light on a central, yet much misunderstood source from the initial stage in the process of the codification of Danish law. On the literal level, the Lex castrensis, written in the 1180s, represents a description of changes in the internal jurisdiction...... of the royal court from the time of the reign of Cnut the Great to the author's present. In Danish as well as international scholarship this deceptively simple text has frequently been treated either as a ‘law code' or ‘law book' in itself or as a reflection of actual legal practice. Yet here I will contend...
Full Text Available Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities that can be reflected and analysed by obtaining and maintain the sole trader status.
Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities t...
Kierski, W S
Noise abatement is a problem of technology, medicine, law, and education. In the technical field, the problem of avoiding hazards is the primary one. In respect of encroachment upon neighbours mutual regard should be the foremost consideration. From the legal angle, a distinction is made between protection of the individial-above all under the provisions of the German Civil Code (Bürgerliches Gesetzbuch)-and of the community-under the provisions of criminal law and administrative law. Future legislation will have to concentrate increasingly upon governmental control measures especially with a view to prevention, instead of the issue of protection of the individual.
Tax rate problems The subject of the graduation thesis is legal problems of tax rate. The aim of this thesis is description and estimation of the flat tax rate and states, where is established. First of all I define the basic kinds of tax systems - the tax system with one tax rate, the progressive tax system and the flat tax system. Further I deal with the principles and elements of the flat tax rate as interpreted by American economists Robert E. Hall and Alvin Rabushka who are generally ack...
Malheiros, T.M.M.; Knoefell, T.M.J.
The goal of this paper is to discuss the main legal aspects related to the application of ionizing radiation in the industry, medicine, agriculture, scientific activities to envisage from the in force legislation the competence and responsibility for the control of radiation facilities comprising regulation, licensing and inspection. Legislation does not embrace all the aspects related to radiation facilities regarding to the specific provisions on civil liability concerning damages caused by non nuclear radiological accidents. The law nr.6.453 is applied only to nuclear accident, as defined in its rules. (author) [pt
Cloney, T J
This article discusses legal characteristics of derivatives that a not-for-profit health care company may use in a conduit financing in which a governmental issuer issues bonds for the benefit of a health care company. This article also presents the Master Agreement promulgated by the International Swaps and Derivatives Association; discusses how to get out of a derivative; discusses the status of a derivative after insolvency of a counterparty; presents disclosure issues relating to documents prepared in connection with an issue of bonds; and describes the treatment of derivatives under commodities regulations. It concludes with a presentation of possible new regulations applying to derivatives.
Doctors want to save lives and promote health. But their patients have the right to decide for themselves about what doctors do with them, and they are free to refuse treatment, even if it is unreasonable from a medical perspective. The law acknowledges this freedom even if a patient is incapable of responsible self-determination as a result of (mental) illness. Treatment contrary to the patient's declared intention will be allowed only under specific, narrow circumstances. These requirements must be legally established in a clear and precise manner. © Georg Thieme Verlag KG Stuttgart · New York.
Full Text Available In 2008, the Malaysia land code, named the National Land Code 1965 (NLC 1965, was amended to add Part Five (A to deal with the disposal of underground space. In addition, the Circular of the Director General of Lands and Mines No. 1/2008 was issued to assist the application of Part Five (A of the NLC 1965. However, the legislation is still questionable and has instigated many arguments among numerous actors. Therefore, this research was undertaken to examine legal considerations for the development of underground space. The focus is on four legal considerations, namely underground space ownership, the bundle of rights, depth, and underground space utilization. Rooted in qualitative methods, interviews were conducted with respondents involved in the development of underground space in Malaysia. The obtained data were then analyzed descriptively. The findings differentiated the rights of landowners for surface land and underground space, and their liability for damages and the depth. It was indicated that the current legislation in Malaysia, namely Part Five (A of the NLC 1965 and the Circular of the Director General of Lands and Mines No. 1/2008, is adequate to facilitate the development of underground space in terms of legal considerations. However, to further facilitate the development of underground land in the future, based on the research, four enhancements are recommended for legal considerations pertaining to the development of underground space in Malaysia. Keywords: Underground space, Legal consideration, Land right, Urban development
Full Text Available This essay examines manufacture of a legally-relevant symbolic object, "emergency." The examination is carried out in the phenomenological key. For the initial theoretical orientation I take HUSSERL's critique of mathematization of the life-world. Thereby I show that emergency can be conceived of as a temporal mode of constitution. With the help of workplace studies, I export phenomenological insights into a social scientific sphere. From this perspective, legal emergency comes about as a vehicle that assists in minimizing, mechanizing, transforming and reconstituting a life-world original (client's narrative into a law-specific temporal event grounded in legal discourse and its materialities. Thus understood, the law office becomes comparable to a laboratory whose business is epistemic enculturation. In my analysis of the legal emergency as "becoming," I employ data-based materials collected during extensive fieldwork in a law firm in the United States. I conclude by further theorizing social consequences of legal emergency with Gilles DELEUZE, who locates law at the juncture of materials (discourse and forces (actions. URN: urn:nbn:de:0114-fqs0701129
Christiansen, Ellen K; Skipenes, Eva; Hausken, Marie F; Skeie, Svein; Østbye, Truls; Iversen, Marjolein M
Use of shared electronic health records opens a whole range of new possibilities for flexible and fruitful cooperation among health personnel in different health institutions, to the benefit of the patients. There are, however, unsolved legal and security challenges. The overall aim of this article is to highlight legal and security challenges that should be considered before using shared electronic cooperation platforms and health record systems to avoid legal and security "surprises" subsequent to the implementation. Practical lessons learned from the use of a web-based ulcer record system involving patients, community nurses, GPs, and hospital nurses and doctors in specialist health care are used to illustrate challenges we faced. Discussion of possible legal and security challenges is critical for successful implementation of shared electronic collaboration systems. Key challenges include (1) allocation of responsibility, (2) documentation routines, (3) and integrated or federated access control. We discuss and suggest how challenges of legal and security aspects can be handled. This discussion may be useful for both current and future users, as well as policy makers.
Daniela Gasparelli Camata
Full Text Available A administração de insulina constitui um dos aspectos importantes na educação em diabetes. Este estudo enfoca as complicações locais na pele, relacionadas à aplicação de insulina. Foram entrevistados 51 portadores de diabetes mellitus, em uma instituição particular, no interior do Estado de São Paulo. Os resultados apontam que o hematoma foi a complicação mais freqüente e está relacionada, principalmente, à técnica incorreta de aplicação. Conclui-se que os profissionais de saúde precisam traçar estratégias efetivas que propiciem segurança aos sujeitos, a fim de prevenir as complicações na pele.La administración de insulina constituye uno de los aspectos importantes en la educación en diabetes. Este estudio enfoca las complicaciones locales en la piel relacionadas a la aplicación de insulina. Fueron entrevistados 51 portadores de diabetes mellitus en una institución particular en el interior del Estado de São Paulo. Los resultados muestran que el hematoma fue la complicación más frecuente y está relacionado principalmente con la técnica incorrecta de aplicación. Se concluye que los profesionales de salud necesitan establecer estrategias efectivas que propicien seguridad a los sujetos, con el fin de prevenir las complicaciones en la piel.Insulin administration is one of the important aspects in diabetes education. This study focuses on skin site complications related to insulin application. Fifty-one people with diabetes mellitus were interviewed at a private institution in São Paulo State. Results showed that hematomas were the most frequent complication and that they mainly resulted from the use of incorrect application techniques. It was concluded that health professionals must design effective strategies in order to provide safety to subjects and prevent skin complications.
Widrig, Daniel; Tag, Brigitte
Legal analysis can highlight important issues that are relevant when deciding whether a medical technology should be implemented or reimbursed. Literature and studies show that even though the law is an acknowledged part of health technology assessment (HTA), legal issues are rarely considered in practice. One reason for this may be the lack of knowledge about the diversity of legal issues that are relevant for HTA. Therefore, this contribution aims primarily to identify and then explain the relevant legal issues in HTA. This study offers a framework for identifying the legal issues in HTAs in different jurisdictions and provides a basis for further research. After extensive literature search, the authors review Swiss health law to identify legal issues that are relevant to HTA. The authors then categorize these legal issues using a framework with an inside and outside perspective. Finally, they explain a selection of these legal issues with several examples. This study reveals numerous legal issues that are relevant for HTA and underlines the necessity of incorporating legal analysis in HTAs. The suggested perspectival framework in this study provides a basis to structure the legal analysis. The identified legal issues are relevant in other countries and the perspectival framework is transferable to other jurisdictions. The article underlines the importance of in-depth discussion about the role of law in HTA. It provides a structured overview of the legal issues in HTA and suggests a development of more concrete instruments toward a standardized legal technology assessment.
Karl Upston-Hooper, K.; Anttonen, K.; Mehling, M.
The Project is based on a comparative and pragmatic review of the legal frameworks for implementing the EU Emission Trading Scheme (ETS) in four EU jurisdictions (Finland, Sweden, United Kingdom and Germany). The project does not seek to examine the rationale of utilizing tradable mechanisms nor assess the costs and benefits of doing so. Its primary focus is to undertake a detailed study of the legal realities involved in implementing the EU ETS, particularly those issues of commercial importance such as taxation and accounting rules. (orig.)
Since the mid 90s 20 US states and DC have legalized medical marijuana, and similar reforms are being contemplated in several other states. To evaluate the pros and cons of medical marijuana reform it is important to know its impact on the well being of society as a whole. In the present thesis I hypothesize that medical marijuana legalization has lead to lower violence rates, based on a review of prior research suggesting that stricter illicit drug law enforcement may increase violence rates...
Piccina, Fernanda Vasconcelos Fontes
O presente trabalho tem por objeto o estudo do devido processo legal e suas implicações no processo administrativo disciplinar. Parte-se da contextualização do Devido Processo Legal no ordenamento jurídico brasileiro e de uma breve descrição histórica do princípio e da sua análise, tomando por base o fenômeno da constitucionalização do Direito. O estudo do processo administrativo disciplinar é feito, inicialmente, a partir de abordagem geral desse processo na esfera federal, sob a ótica da...
Full Text Available Legal Metrology’s requirements can be transferred into the IT security domain applying a generic set of standardized rules provided by the Common Criteria (ISO/IEC 15408. We will outline the transfer and cross validation of such an approach. As an example serves the integration of Legal Metrology’s requirements into a recently developed Common Criteria based Protection Profile for a Smart Meter Gateway designed under the leadership of the Germany’s Federal Office for Information Security. The requirements on utility meters laid down in the Measuring Instruments Directive (MID are incorporated. A verification approach to check for meeting Legal Metrology’s requirements by their interpretation through Common Criteria’s generic requirements is also presented.
Wolf, M; Rosenberger, W
The present study examines developments in the language used in protests, appeals and objections as lodged by patients and by attending dentists in regard to formal legal aspects and contents. The study is based on about 15,000 expert reports prepared by the Dental Services Department of the City of Wuppertal during the period from 1990 to 2001. The investigation reveals a considerable and growing discrepancy between the neutral and objective language qua legal proviso of the expert reports and the diction used in the objections, above all on the part of dentists. The authors propose a set of instruments to be used for legal analysis of texts and discuss possible reasons, including non-medical reasons, for the documented deplorable drop in standard of controversies among dentists in particular.
Gulshat T. Kamalieva
Full Text Available The article deals with topical issues in the sphere of delivery contracts with retailеrs. The author makes conclusions based on the conducted analysis of regulations, litigation, commercial practices, in particular on the example of legal delivery contracts with retail chains.
To determine the pattern of medico legal autopsies performed between January 2001 to December 2005 so as to highlight any differences or similarities to the observation of workers in other parts of the country and/or world. A hospital based retrospective analysis of coroner's autopsies in Abia State University Teaching ...
Zaheer, Imad; Zirkel, Perry A.
The many challenges that school psychologists face inevitably include legal issues. In light of the agreement between the two primary professional organizations for school psychologists that understanding of law is a critical competency, this study analyzed the extent of law-based articles in leading school psychology journal articles published…
It is anticipated that the evaluation will serve to inform the development of quality services based on the principles of best practice, as well as the development of standardised evaluation tools to assess the quality of care provided to rape survivors at medico-legal clinics. African Safety Promotion Vol.1(1) 2002: 24-36.
A legal perspective on reproductive health and gender-specific human rights in Nigeria. ... Journal of Medicine and Biomedical Research ... The concept of human rights is very fundamental to society and is based on international instruments signed and ratified by sovereign States after the Second World War. In general ...
Watson, Amy C.; Corrigan, Patrick W.; Angell, Beth
The use of legal coercion to compel individuals to participate in mental health treatment is expanding despite a lack of empirical support for many of its forms. Policies supporting mandated treatment are made by legislators and judges, often based on perceptions of public concern. Using data from the MacArthur Mental Health Module contained in…
Paul, Simone; Smith, Peter K; Blumberg, Herbert H
In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.
Full Text Available The analysis of the international legal framework for media in a real structural form is a challenge that needs to be scientifically proven because of the exceptional role of media in general and its constant and substantial impact on the democratic processes taking place in the world. If we analyze media through the eyes of history, we cannot ignore the impression of the exceptional importance of freedom of expression as the source and promoter of many substantive changes and valuable components in the overall functioning of social and political settings. In this regard, special attention is given to the impact of media on contemporary trends related to the EU integration process, the development of democracy and the rule of law. It particularly emphasizes the freedom of expression, respect for values and standards principles, human rights and freedoms. The purpose of this paper is to analyze the international legal framework for the media and to show the determination of the most important covenants which represent a source of media law containing rules for the creation and implementation of media freedom, the expressive quality of ideas and definitely and inevitably this paper stresses the power of the media.
Lorang, Melissa R; McNiel, Dale E; Binder, Renée L
Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone. It has become common practice among young people, as cell phones are being given to adolescents at ever younger ages. Youths often send messages without giving appropriate thought to the content of the images. In studies on the subject, rates of minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. There is no clear national consensus on how sexting by minors is adjudicated, and therefore we compared several statutes. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. Two sexting episodes that were followed by suicide are described. We also address the role of the forensic mental health professional. © 2016 American Academy of Psychiatry and the Law.
The Devil Is in the Details! On Regulating Cannabis Use in Canada Based on Public Health Criteria Comment on "Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts".
Rehm, Jürgen; Crépault, Jean-François; Fischer, Benedikt
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. © 2017 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Murphy, Johnna S; Lawton, Ellen M; Sandel, Megan
Many of the social determinants of health are rooted in legal problems. Medical-legal partnerships (MLPs) have the potential to positively change clinical systems. This change can be accomplished by integrating legal staff into health care clinics to educate staff and residents on social determinants of health and their legal origins. When the MLP team works directly with patients to identify and address legal needs that improve health outcomes, and incorporate legal insights and solutions into health care practice where the patient population is overwhelmingly impacted by social conditions, outcomes are beneficial to children and families. Copyright © 2015 Elsevier Inc. All rights reserved.
Tatyana Viktorovna Filonenko
Full Text Available Objective to determine the scientificmethodological foundations of anticorruption policy. Methods dialectical approach to cognition of social phenomena allows to explore the combination of objective and subjective factors influencing the formation and implementation of anticorruption policy. The author39s model of anticorruption policy is based on the wide range of logical methods of information processing modeling abstraction analysis analogy. Scientific hypothesis and formal legal analysis were also used. Results basing on comparison of the recent theoreticallegal criminallegal and criminological research in the field of legal and anticorruption policy the scientificmethodological foundations of anticorruption policy are disclosed. The authors attempt to systematize the scientific interpretation of anticorruption policy. The concept of legal policy its forms tools subjects and typesare discussed. As a result it becomes possible to describe the current anticorruption policy using terminology from the theory of legal policy. This approach can increase the effectiveness of modern anticorruption policy as it allows to clearly see the gaps and shortcomings in lawmaking and law enforcement during the anticorruption policy implementation. Scientific novelty the article makes an attempt to describe the current anticorruption policy with the use of terminology and models developed in the theoretical and legal research for the characterization of legal policy and its particular directions. Practical significance the main provisions and conclusions of the article can be used in scientific and pedagogical work when considering questions about the nature and trends of the modern anticorruption policy development. The applied approach allows to bring together criminal law criminology and theoreticallegal research of anticorruption policy. nbsp
Gross, Peter W.
Design and content of a legal writing program are outlined: premises on which the curriculum is based, program overview, first semester skill elements, law office memorandum preparation, appellate advocacy, grading, legal skills notebook, student instructors. Available from Union University, 80 Scotland Ave., Albany, NY 12208; $2.50, entire issue.…
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…
Full Text Available This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The article presents legal restrictions in the market, with emphasis to fundamental barriers that prevent implementation of traditional marketing tools and techniques broadly available in market communication. The second part presents selected tools of online marketing applicable in promotion of legal services, examplified with their use in practice.
Lyudmila V. Butko
Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.
Ivan Anatol’yevich Bliznets
Full Text Available The spread of disruptive technology in the digital era is the ruling condition of modern sustainable development. The authors proceed from the fact that legal tools for the creation and use, protection of advanced technologies provide the technology transfer process from the owner to interested parties for further practical, commercial application or further improvement. The article analyzes the legal positions of the concept of technology, legal ways to use modern technologies, stages of their implementation and practical application. In the innovation process legal mechanism in combination with the modern means of innovative development stimulates the creation and transfer of new technologies and at the same time it is a key factor for sustainable development in the context of modern digital technology revolution. In the modern digital revolution, the technology transfer acquires new features and ways for the dissemination of technical innovation, which creates new challenges for legal theory and practice, and legal tools should meet the challenges of the time.
Ana I Galain
Full Text Available Existen pocos estudios sobre la percepción subjetiva de la calidad de vida relacionada con la salud en pacientes renales cursando su etapa terminal, que vivan en países no industrializados. El propósito de este estudio fue comprender las relaciones subyacentes entre los diferentes determinantes de la calidad de vida relacionada con la salud, en los pacientes en tratamiento sustitutivo renal en Uruguay. Se realizó un estudio transversal en una muestra de 243 pacientes de cinco centros de hemodiálisis y diálisis peritoneal de la ciudad de Montevideo (edad media de 56,6 años, SD 16,2; 58% hombres. Se realizó un análisis de regresión lineal univariado para cada variable independiente. Se incluyó un total de 61 variables independientes biológicas/clínicas, sociodemográficas y psicosociales. La CVRS fue evaluada utilizando el cuestionario SF-36, que consta de ocho subescalas, más el Componente de Resumen Físico (PCS y el Componente de Resumen Mental (MCS. Aquellas variables que mostraron una asociación significativa en el análisis univariado (p< 0,10 fueron incluidas en un análisis de regresión multivariado. Fueron estudiados diez modelos de regresión, para las 8 subescalas del SF-36, el PCS y MCS. Quince variables fueron significativas en los modelos multivariados: tiempo en tratamiento sustitutivo renal, urea, creatinina, hemoglobina, hierro hospitalizaciones, enfermedades agudas, ceguera, edad, género, vivir con alguien, situación laboral, administración de antidepresivos o de antipsicóticos y mantenimiento de la vida sexual; explicando el 43% de la varianza de PCS y el 35% de MCS. El tipo y relevancia de las variables explicativas difieren a lo largo de las diversas dimensiones de la CVRS. Destacamos como conclusión el entrelazamiento de factores biológicos, sociodemográficos y psicosociales como determinantes de la calidad de vida relacionada con la salud en los pacientes renales cursando su etapa terminal, lo que
Seo-Young Cho; Axel Dreher; Eric Neumayer
This paper investigates the impact of legalized prostitution on human trafficking inflows. According to economic theory, there are two opposing effects of unknown magnitude. The scale effect of legalized prostitution leads to an expansion of the prostitution market, increasing human trafficking, while the substitution effect reduces demand for trafficked women as legal prostitutes are favored over trafficked ones. Our empirical analysis for a cross-section of up to 150 countries shows that th...
This paper investigates whether inherited legacies such as legal origin allow of explaining deforestation in 110 developed and developing countries. The hypothesis is that differences in deforestation between countries can be attributed to their legal systems. Also, since nearly all common law countries are former English colonies, and nearly all civil law countries were colonized by France, Spain or Portugal, legal origin and colonial history are strongly correlated, so that one can not attr...
The growth of information technology and telecommunications has created promising opportunities for better, faster, more accessible, barrier-free health care; telemedicine (TM). The feasibility of many TM projects depends on resolving legal issues. Mastering technical issues or providing training remain important benchmarks for implementation of TM, but legal issues constrain progress. This article identifies the key legal issues, maps current legislation, and offers a forecast of necessary steps to expedite the dissemination of TM. Copyright © 2011 Elsevier Inc. All rights reserved.
Becchetti, Leonardo; Ciciretti, rocco; Conzo, Pierluigi
The legal origin literature documents that civil and common law traditions have different impact on rules and economic outcomes. We contribute to this literature by investigating the relationship between corporate social responsibility and legal origins. Consistently with the main differences in historical and legal backgrounds and net of industry specific effects, the common law origin has a significant and positive impact on the Corporate Governance and Community Involvement domains, while ...
Gerdts, Caitlin; DePi?eres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene
Background Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. Methods In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic ...
Dragone, Davide; Prarolo, Giovanni; Vanin, Paolo; Zanella, Giulio
We provide first-pass evidence that the legalization of the cannabis market across US states may be inducing a crime drop. Exploiting the recent staggered legalization enacted by the adjacent states of Washington (end of 2012) and Oregon (end of 2014) we find, combining county-level difference-in-differences and spatial regression discontinuity designs, that the legalization of recreational marijuana caused a significant reduction of rapes and thefts on the Washington side of the border in 20...
Tsai, Jack; Jenkins, Darlene; Lawton, Ellen
To examine civil legal needs among people experiencing homelessness and the extent to which medical-legal partnerships exist in homeless service sites, which promote the integration of civil legal aid professionals into health care settings. We surveyed a national sample of 48 homeless service sites across 26 states in November 2015. The survey asked about needs, attitudes, and practices related to civil legal issues, including medical-legal partnerships. More than 90% of the homeless service sites reported that their patients experienced at least 1 civil legal issue, particularly around housing, employment, health insurance, and disability benefits. However, only half of all sites reported screening patients for civil legal issues, and only 10% had a medical-legal partnership. The large majority of sites reported interest in receiving training on screening for civil legal issues and developing medical-legal partnerships. There is great need and potential to deploy civil legal services in health settings to serve unstably housed populations. Training homeless service providers how to screen for civil legal issues and how to develop medical-legal partnerships would better equip them to provide comprehensive care.
Full Text Available The experiences and the practice of many countries show that countertrade could be used as the significant method for incensement of the export as well as for the promotion of the foreign investments even in the period of deep financial crises. Contemporary governments' pro-active countertrade orientation in USA, Israel, Sweden, Norway, Japan and other developed countries highlights the inadequacy of the obsolete and stereotypical concept of the countertrade as the compensation transaction based on the 'trade without money' concept. Besides this, the practices proved that countertrade transactions are the consequence and the indicator of economic shocks. Therefore, the study of the special legal issues that may arise in countertrade transactions will be very important not only for the domestic legal doctrine but also for the commercial practice. As national laws do not contain provisions specific for countertrade, it is of particular importance to analyze legal question such as structuring and drafting of countertrade arrangements as well as to study the question of the legal nature of the contractual link between legal instruments which form multicontractual mechanism of countertrade transactions. The character of the legal connection among the legal instruments in countertrade arrangement, as well as the legal nature of the countertrade commitment, strongly influence the countertrade agreement's legal nature. The economic reality of a group of contracts joined by the common goal of the transaction (consideration and the countertrade commitment has to be followed by the legal reality which will recognize the legal interdependence of the obligation deriving from the legally independent countertrade arrangement.
For artificial intelligence, understanding the forms of human reasoning is a central goal. Legal reasoning is a form that makes a new set of demands on artificial intelligence methods. Most importantly, a computer program that reasons about legal problems must be able to distinguish between questions it is competent to answer and questions that human lawyers could seriously argue either way. In addition, a program for analyzing legal problems should be able to use both general legal rules and decisions in past cases; and it should be able to work with technical concepts that are only partly defined and subject to shifts of meaning. Each of these requirements has wider applications in artificial intelligence, beyond the legal domain. This dissertation presents a computational framework for legal reasoning, within which such requirements can be accommodated. The development of the framework draws significantly on the philosophy of law, in which the elucidation of legal reasoning is an important topic. A key element of the framework is the legal distinction between hard cases and clear cases. In legal writing, this distinction has been taken for granted more often than it has been explored. Here, some initial heuristics are proposed by which a program might make the distinction
Full Text Available The paper proposes a targeted model for translating legal texts, developed by the author by combining translation science (i.e. functionalist approaches with the findings of comparative law and legal linguistics. It consists of ten guidelines directing the translator from defining the intended function of the target text and selecting the corresponding translation type, through comparing the legal systems involved in the translation and analysing the memetic structure of the source text and parallel texts in the target culture to designing the target text as a cultureme and ensuring its legal security.
Larsen, Sara Tangmose; Lynnerup, Niels
At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies.......At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies....
Trevino, Roberto A; Richard, Alan J
Research shows that support for legalization of drugs varies significantly among different sociodemographic and political groups. Yet there is little research examining the degree of support for legalization of drugs among drug users. This paper examines how frequency and type of drug use affect the support for legalization of drugs after adjusting for the effects of political affiliation and sociodemographic characteristics. A sample of 188 drug users and non-drug users were asked whether they would support the legalization of marijuana, cocaine, and heroin. Respondents reported their use of marijuana, crack, cocaine, heroin, speedball, and/or methamphetamines during the previous 30 days. Support for legalization of drugs was analyzed by estimating three separate logistic regressions. The results showed that the support for the legalization of drugs depended on the definition of "drug user" and the type of drug. In general, however, the results showed that marijuana users were more likely to support legalizing marijuana, but they were less likely to support the legalization of cocaine and heroin. On the other hand, users of crack, cocaine, heroin, speedball, and/or methamphetamines were more likely to support legalizing all drugs including cocaine and heroin.
The thesis deals with the legal aspects of Internet advertising. The main aim of this thesis is to define a legal code corresponding to this issue and to compare with the laws in Russia. The aim also is specify the efficiency of this legal aspects and review sufficiency of protection of consumers. Further explain the issue of spamming, find out its benefits to the retailer and negative aspects for consumers, and also to compare legal aspects of spamming with legislation in Russia.i
Full Text Available Legal and political percepts pertaining to ethnic belonging in Greece are closely linked to the ideological understanding of Greekness, a legacy of the Ottoman Greek-Orthodox millet system. Complementary to this image of the national self, minority protection law on Muslims and Jews was and still is partially formed through millet-like paradigms. Greece’s territorial expansion made all inhabitants of the annexed provinces Greek citizens en masse: in addition to those that were deemed eligible to belong to the Greek nation, Jewish and Muslim communities also acquired Greek citizenship. For these communities the self-autonomy of the Ottoman millet structure in education and religious matters was transformed into minority protection, through special rights (community schools, Moufti’s jurisdiction, Muslim foundations, military conscription attributable through religion to citizens of the state. En Grecia, la interpretación ideológica del carácter griego está estrechamente relacionada con los preceptos legales y políticos relativos a la pertenencia étnica, legado del sistema millet otomano griego-ortodoxo. Como complemento a esta percepción de la identidad nacional, la ley de protección de las minorías musulmanas y judías estuvo, y todavía está parcialmente formada por paradigmas milletianos. La expansión territorial de Grecia convirtió de forma masiva a los habitantes de las provincias anexadas en ciudadanos griegos: entre los que se consideró que reunían los requisitos necesarios para pertenecer a la nación griega, se encontraban las comunidades judías y musulmanas. En ambos casos, la autonomía en temas de educación y religión que disfrutaban dentro de la estructura milletiana de los otomanos, se transformó en protección minoritaria, a través de derechos especiales (escuelas de la comunidad, jurisdicción Moufti, fundaciones musulmanas, el reclutamiento militar atribuibles a los ciudadanos del estado a través de la
This U.S. contribution to the syllabus for Subgroup 5C treats with environmental and ecological aspects specific to fast breeder reactors, physical protection and safeguarding of the FBR cycle, fuel cycle centers (site selection problems for different degrees of collocation) and administrative and legal problems. Decommissioning of an FBR power plant, syllabus item C.1.7, is treated in separate contribution, more information on advanced safeguards for the fast breeder fyel cycle is contained in the contribution, USA WG 5C-tbd. A key conclusion of this is that with safeguards planning initiated early in the development of the FBR fuel cycle, time is available to develop, evaluate, and implement improved safeguards techniques and incorporate them into the design phase of all FBR cycle facilities
Brakel, S J
Workplace violence is a growing social problem. Some of this growth may be perceptual, reflecting our new awareness of what constitutes violence in the workplace. Furthermore, much of what falls under its current rubric does not correspond to the classic image of worker-on-worker or worker-on-employer mayhem. Nevertheless, the total number of incidents is alarmingly large; the problem is real. It is natural to consider law (i.e., legal liability) as a potential solution. Aiming the liability threat at the employer may be the most effective and efficient strategy. There are ample theories to choose from: negligence (tort) law, agency law, contract, civil rights, and regulatory law. Judges and juries appear eager to hold employers accountable for violent incidents in the workplace, sometimes in the face of other, more logical constructions of the facts or theory. One's best hope is that the fear this strikes in the hearts of employers will make for maximum preventive results.
Pacula, Rosalie Liccardo; Smart, Rosanna
State-level marijuana liberalization policies have been evolving for the past five decades, and yet the overall scientific evidence of the impact of these policies is widely believed to be inconclusive. In this review we summarize some of the key limitations of the studies evaluating the effects of decriminalization and medical marijuana laws on marijuana use, highlighting their inconsistencies in terms of the heterogeneity of policies, the timing of the evaluations, and the measures of use being considered. We suggest that the heterogeneity in the responsiveness of different populations to particular laws is important for interpreting the mixed findings from the literature, and we highlight the limitations of the existing literature in providing clear insights into the probable effects of marijuana legalization.
Andrey V. Skorobogatov
Full Text Available Objective to determine the place of criminal law prohibitions in the formation development and functioning of the Soviet legal discourse. Methods dialectic approach to the research of social phenomena which allows to analyze them in historical development and functioning in the context of the unity of the objective and subjective factors as well as postmodern paradigm giving the opportunity to explore the legal reality at different levels including the lawinterpretation one. Dialectical approach and postmodern paradigm have determined the choice of specific research methods comparative hermeneutics discursive formally legal. Results basing on the analysis of normativelegal acts regulating criminal legal relations in the USSR the development of the Soviet criminal law was considered since its emergence to termination of existence. Conclusion on its restrictive nature was made which was in line with the main task of this sector of law ndash the protection of the Soviet system and socialist property from criminal encroachments. The normative regulatory basis of criminal law prohibitions determined the general nature of the Soviet legal discourse which was designed to prove the necessity and expediency of such means of protecting public and state interests in the period of building communism. Scientific novelty on the basis of use of the complex classical and postclassical methods the article for the first time studies the role of criminal law prohibitions in the development of Soviet legal discourse. Practical value the key issues and conclusions of the article can be used in scientific and pedagogical activity while researching the issues of the nature and trends of development of the Soviet criminal law.
Dimopoulou, E.; Kitsakis, D.; Tsiliakou, E.
Contemporary urban environment is characterized by complexity and mixed use of space, in which overlapping land parcels and different RRRs (Rights, Restrictions and Responsibilities) are frequent phenomena. Internationally, real property legislation either focuses on surface property or has introduced individual 3D real property units. The former approach merely accommodates issues related to subdivision, expropriation and transactions on part of the real property above or below surface, while the latter provides for defining and registering 3D real property units. National laws require two-dimensional real property descriptions and only a limited number of jurisdictions provide for threedimensional data presentation and recording. International awareness on 3D Cadastre may be apparent through the proposals for transition of existing cadastral systems to 3D along with legal amendments improving national 3D Cadastre legislation. Concurrently the use of appropriate data sources and the correct depiction of 3D property units' boundaries and spatial relationships need to be addressed. Spatial relations and constraints amongst real world objects could be modeled geometrically and topologically utilizing numerous modeling tools, e.g. CityGML, BIM and further sophisticated 3D software or by adapting international standards, e.g. LADM. A direct correlation between legal and physical property should be based on consistent geometry between physical and legal space, improving the accuracy that legal spaces' volumes or locations are defined. To address these issues, this paper investigates correlation possibilities and constraints between legal and physical space of typical 3D property cases. These cases comprise buildings or their interior spaces with mixed use, as well as complex structures described by explicit facade patterns, generated by procedural or by BIM ready 3D models. The 3D models presented are evaluated, regarding compliancy to physical or legal reality.
Head, Legal Unit, AIDS Law Project, and Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg. South Africa has a strong legal framework that offers a high level of .... medical practitioners preformed the transplant without confirming the HIV status of the donor. A claim for damages is pending ...
Eliane Nepomuceno; Lilian Maria Pacola; Carina Aparecida Marosti Dessotte; Rejane Kiyomi Furuya; Helton Luiz Aparecido Defino; Carlos Fernando Pereira da Silva Herrero; Rosana Aparecida Spadoti Dantas
Estudio analítico, trasversal para comparar la calidad de vida relacionada a la salud, presencia de síntomas de ansiedad y depresión y limitación funcional según el local de la estenosis espinal; y describir las expectativas de los pacientes ante el tratamiento quirúrgico. Participaron 32 pacientes con estenosis lumbar y 22 con estenosis cervical. En la comparación de la calidad de vida relacionada a la salud, constatamos diferencias estadísticamente significantes en l...
Sérgio R. B. Silva
Full Text Available Analytical Chemistry books lack a clear link between thermodynamic and equilibrium approaches involving acids and bases. In this work, theoretical calculations were performed to search for these relations. An excellent relationship was found between difference in Gibbs free energy, ∆G of acid dissociation reaction and ∆G of hydrolysis reaction of the corresponding conjugate base. A relationship between ∆G of hydrolysis reaction of conjugate acids and their corresponding atomic radius was also identified, showing that stability plays an important role in hydrolysis reactions. Finally, the importance of solvation in acid/base behavior was demonstrated when comparing the corresponding theoretical and experimental ∆G´s.
Estoup, Ashley C; Moise-Campbell, Claudine; Varma, Malini; Stewart, David G
Currently, only four states have legalized recreational marijuana use for adults over 21 years of age. Therefore, little is known about the influence that legalization will have on adolescent marijuana use. This study examines how marijuana legalization has impacted the frequency and consequences of adolescent use in a sample of participants in a school-based, substance use intervention. We hypothesized that adolescents enrolled in the intervention in years after marijuana legalization would present with more problematic use compared to those enrolled prior, and that changes in the perceived risk of marijuana would be a mechanism of problematic use. Participants were 262 students enrolled in a school-based substance use intervention in 2010 to 2015. The Customary Drinking and Drug Use Record, Alcohol and Drug Use Consequences Questionnaire, and a decisional balance matrix were used to assess marijuana frequency, negative consequences, and perceived risk of use. A mediation model was used to test the degree to which marijuana legalization may lead to increased frequency and consequences of use through perceived risk. Findings indicated a significantly positive correlation between marijuana-related consequences and perceived risk post legalization. Despite relatively equal use between both groups, adolescents in the legalization group experienced higher levels of perceived risk and increased negative consequences. Due to the rising legalization status of marijuana in the United States, it is imperative that psychoeducation is provided to adults and adolescents about the consequences of underage marijuana use.
Doležal, Adam; Doležal, Tomáš
Roč. 10, č. 7 (2014), s. 53-70 ISSN 1857-7881 Institutional support: RVO:68378122 Keywords : causation * tort law * legal liability Subject RIV: AG - Legal Sciences http://www.eujournal.org/index.php/esj/article/view/2968
van den Bos, K.; Hulst, Liesbeth
In this paper we discuss some strengths, stumbling blocks, common mistakes, and controversial issues that can be important when conducting experiments in the legal domain. To this end, we first briefly introduce the experimental method and note some of its strengths when used in legal research
Palali, Ali; van Ours, Jan
We investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of
Palali, A. (Ali); J.C. van Ours (Jan)
textabstractWe investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential
Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, ...
Fosch Villaronga, Eduard; Husty, M.; Hofbaur, M.; Can Dede, M.I.
This paper describes some relevant legal aspects concerning non-social robots. Special attention is drawn to Person Carrier Robots (PCaR) and Physical Assistant Robots (PAR). Although concrete legal binding regulations concerning these two sub-types of Personal Care Robots (PCR) are missing, the
In this lecture the legal framework for a radiation safety infrastructure are presented. The objective of this lecture are: Legal framework; Regulatory programme; Role of Regulatory Authority in emergency situations; Assessment of the effectiveness of the regulatory programme; Cost effectiveness of the regulatory framework; and Priority actions
Full Text Available the article describes different approaches in definition of transnational corporation’s legal personality. The reviewed approaches have become available for the last fifty years and they contain completely opposite views on the legal personality of TNC. The methods of analyze, synthesis, ranging have been used during preparation of this article.
Timmer, Sjoerd; Prakken, Hendrik; Meyer, John-Jules Charles; Renooij, Silja; Verheij, Bart
Recent developments in the forensic sciences have confronted the field of legal reasoning with the new challenge of reasoning under uncertainty. Forensic results come with uncertainty and are described in terms of likelihood ratios and random match probabilities. The legal field is unfamiliar with
: the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management – future managers – in their analysis...... to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice....
L. J. Du Plessis
Full Text Available In this article, which has not been published before, the late Prof. du Plessis lays bare the philosophical roots of the liberal-democratic state, or the legal state, as he preferred to call it. After a recapitulative version of the theory of the legal state, het indicates the origin of this form in Greek philosophy and in Medieval thought. The stress, however, is on the Modem Era, in which he distinuishes two main periods in the development of the theory of the legal state:the jusnaturalistic period and thepositivistic or formal period.He argues that positivism has destroyed the original ideal o f individual freedom in facts by regarding justice as a purely formal matter susceptible to any content. All guarantees for individual freedom which rested on a universal normative system fe ll away. The state defines its own competence and limits itself to legal forms in all its activities. The legal state thus merely becomes the state, any state as determined by fixed rules o f its own making to which it binds itselfin all its functioning. Law sinks to a mere form in which the juristic personality of the state manifests its supremacy, and from this there is only one step to the concept that the state is identical with law, so that any state necessarily is a legal state, and any state action which is formally correct, is legal. The article concludes with a brief representation o f the author’s own political and legal vision.
Patterson, Jeanne Boland; Patrick, Adele; Parker, Randall M.
The concept of choice has evolved into legal mandates and ethical challenges for rehabilitation professionals during the latter part of the 20th century. This article identifies the ethical and legal issues related to choice, summarizes a pilot project on rehabilitation counselors' perceptions of choice, and provides recommendations for…
Hawley, Richard A.
History reveals that drug legalization accelerates new use and contributes to a larger population of chronic users. When states energetically enforce antidrug laws and policies, illegal drug use is reduced and eliminated. Drug use is incompatible with healthy child development and learning. Legalizing drugs is the shallowest response to the…
Gasaway, Laura N.
Copyright and other intellectual property issues have dominated discussions of legal issues surrounding the Internet. There are other issues of considerable importance that also attract attention. Five legal issues affecting the Internet are addressed: copyright, online service-provider liability, database protection, obscenity, and privacy. Cited…
This article deals with the project on legal terminology in the African languages. It focuses on terminology aspects relating to the coining of terms for the legal profession. Terminology development in South Africa has been hampered by a number of sociolinguistic factors. During recent years South Africa has seen ...
Holtermann, Jakob v. H.; Madsen, Mikael Rask
complex analysis which takes legal validity seriously but as a genuinely empirical object of study. This article constructs this position by identifying a distinctively European realist path which takes as its primary inspirations Weberian sociology of law and Alf Ross’ Scandinavian Legal Realism...
Maintains that the basic business communication course is the ideal course in which to discuss the legal aspects of business communication. Reviews some of the most important legal considerations: contract communications, credit and collections communication, employment communication, and other interpersonal communication. (SR)
Sellers, Mortimer; Sellers, Mortimer
The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.
... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Legal basis. 1203.100 Section 1203.100 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION INFORMATION SECURITY PROGRAM Scope § 1203.100 Legal basis. (a) Executive Order 12958 (hereinafter referred to as “the Order”). The...
... 21 Food and Drugs 2 2010-04-01 2010-04-01 false Legal basis. 120.9 Section 120.9 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) FOOD FOR HUMAN CONSUMPTION HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS General Provisions § 120.9 Legal basis...
... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 698.2 Section 698.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT MODEL FORMS AND DISCLOSURES § 698.2 Legal effect. These model forms and disclosures prescribed by the FTC do not constitute a trade regulation rule...
... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 600.2 Section 600.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT STATEMENTS OF GENERAL POLICY OR INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules or...
However, its application in legal research could pose specific challenges to researchers and could impact on crucial aspects of .... electronic media channels. Rather, they emphasise that legal research ..... to the changing information environment and to exercise control over the digital tools and resources. This involves ...
and researchers. CURRENT E-GOVERNMENT. REGULATORY ELEMENTS. In an attempt to regulate the e-Government and. ICT related initiatives the Ethiopian government has been engaged in producing some regulatory and legal documents. These legal document include: e-Signature law, e-Commerce law, data.
Renewable energy has a prominent role in promoting energy access and addressing environmental concerns with energy use in Nigeria. However, there are legal barriers that have not allowed renewable energy to be used in the Nigerian electricity sector. The absence of an effective legal framework to encourage and ...
Método bundle na redução de infecção de corrente sanguínea relacionada a cateteres centrais: revisão integrativa Método bundle en la redución de infecciones relacionadas a catéteres centrales: una revisión integrativa Care bundle to reduce central venous catheter-related bloodstream infection: an integrative review
Juliana Dane Pereira Brachine
Full Text Available Trata-se de uma revisão integrativa da literatura, que objetivou identificar intervenções baseadas em evidência que compõem o método bundle, designados à redução de infecção de corrente sanguínea relacionada ou associada a cateter intravenoso central. Para a coleta de dados online, em bases nacionais e internacionais, foram utilizados a palavra-chave bundle e os descritores catheter-related infection, infection control e central venous catheterization, resultando, após aplicação dos critérios de inclusão, amostra de quinze artigos. Este trabalho evidenciou cinco intervenções como as mais frequentemente empregadas na construção dos bundles: higienização das mãos, gluconato de clorexidina como antisséptico para pele, uso de barreira máxima de precaução durante a inserção cateter, evitar acessar veia femoral e verificar necessidade diária de permanência do cateter, com sua remoção imediata quando não mais indicado. A maioria dos estudos demonstrou resultados estatisticamente significantes na redução de infecção de corrente sanguínea relacionada ou associada a cateter intravenoso central.Esta es una revisión integradora tuvo como objetivo identificar intervenciones basadas en evidencias que componen método bundle de reducción de infección sanguínea relacionadas o asociadas con catéter intravenoso central. Para recopilar los datos en las bases brasileñas e internacionales, utilizando la palabra clave bundle y los descriptores infecciones relacionadas con catéteres, control de infecciones y cateterización venosa central, identificando, con los criterios de inclusión, muestra de quince artículo. Este estudio muestra cinco intervenciones como comúnmente empleadas en los métodos bundles: higiene de las manos, clorhexidina como antiséptico para la piel, uso de precaución de barrera máxima durante la inserción del catéter, evitar el acceso de la vena femoral y comprobar la necesidad diaria del cat
Formation and legal changes influenced by the social and political dynamics. Law understood as the rules are rigid and too much emphasis on the legal aspects of the legal system or emphasize aspects of the legitimacy of the rules themselves, without associated with social problems. A Responsive legal approach is an approach the legal establishment…
Zawilska, Jolanta B
During the last decade, there has been an increase in the availability and use of novel psychoactive substances (NPS), also known as "legal highs," across the world. They include a wide range of products, from natural plant-originated substances to synthetic compounds, that can be purchased both online and from high street retailers. "Legal highs" mimic psychoactive effects of illicit drugs of abuse. However, they are claimed to consist of compounds that are legal to sell, possess, and use, often labeled as "not for human consumption" to circumvent drug abuse legislation. Based on the spectrum of their actions on cognitive processes, mood, and behavior, "legal highs" can be classified into four basis categories: amphetamine- and ecstasy-like stimulants, synthetic cannabinoids (SCs), hallucinogenic/dissociative, and opioid-like compounds. NPS may, however, exhibit a combination of these actions due to their designed chemical structure. Although the prevalence and pattern of NPS use differ between various countries, the most popular groups are SCs and psychostimulants, described in this chapter. Currently, there is limited information available on the potential acute toxicity (harms) associated with the use of these substances. However, the number of intoxicated people presenting with emergencies is constantly increasing, providing evidence that negative health and social consequences may indeed seriously affect recreational and chronic users. © 2015 Elsevier Inc. All rights reserved.
This article discusses the legal and human rights aspects of AIDS, travel, and migration in Africa. Restrictions upon migration and travel in the context of HIV/AIDS have directed attention on the jeopardy of free international movement and the need to uphold it. International travel and migration have been blamed for introducing HIV and restrictions imposed to prevent the import of such disease. Contemporary legal and administrative barriers to free movement of people across national borders are similar to the physical barriers imposed to prevent the spread of diseases in past centuries. However, physical barriers failed to prevent the international spread of diseases and legal and administrative barriers have been proven ineffective. Meanwhile, responses to HIV/AIDS set patterns for other health-related issues and to affect the entire legal framework of international travel and migration. Based on previous studies, data on migratory flows and numbers of travelers and migrants are scarce in Africa. Migrants represent more or less 10% of the population of sub-Saharan Africa or 35 million persons, including some 60 million refugees.
Melissa Cabrini Morgato
Full Text Available The present paper discusses the ethical and legal consequences of developments in biotechnological science, with a focus on the field of genetic engineering. We classify situations originating from developments in biotechnological science depending on their ethical and legal justification, based on Habermas’ reflections in his work “The future of human nature”, and differentiate between negative eugenics, representing ethically and legally justified situations, given their therapeutic potential of bringing benefits to human beings; and positive eugenics, describing situations, which are not justified by Ethics and Law, since they represent risks for the ethical self-understanding of the human species and are also incompatible with the imperative nature of human life protection, which is struc- tured by the Ibero-American constitutional states. We conclude that all moral judgments must follow the principle of human dignity as a major guideline, because the prevention of harmful practices against human beings requires, apart from legal and ethical rules, the responsibility to exclusively employ technologies for therapeutic purposes and to impede that the consumer society and its by-products completely artificialize the human nature.
Seib, Charrlotte; Dunne, Michael P; Fischer, Jane; Najman, Jackob M
The nature of sex work changes over time for many reasons. In recent decades around the world, there has been movement toward legalization and control of sex economies. Studies of the possible impact of legalization mainly have focused on sexually transmitted infections and violence, with little attention to change in the diversity of sexual services provided. This study examined the practices of sex workers before and after legalization of prostitution. Cross-sectional surveys of comparable samples of female sex workers were conducted in 1991 (N = 200, aged 16-46 years) and 2003 (N = 247, aged 18-57 years) in Queensland, Australia, spanning a period of major change in regulation of the local industry. In 2003, male clients at brothels and private sole operators (N = 161; aged 19-72 years) were also interviewed. Over time, there was a clear increase in the provision of "exotic" sexual services, including bondage and discipline, submission, fantasy, use of sex toys, golden showers, fisting, and lesbian double acts, while "traditional" services mostly remained at similar levels (with substantial decrease in oral sex without a condom). Based on comparisons of self-reports of clients and workers, the demand for anal intercourse, anal play, and urination during sex apparently exceeded supply, especially in licensed brothels. Within this population, legalization of sex work coincided with a substantial increase in diversity of services, but it appears that in the regulated working environments, clients who prefer high risk practices might not dictate what is available to them.
Full Text Available The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field is going to be the strengthening of the bond between international investments and environmental protection. It is insisted on the attitude that our law needs to approach adequately to the matter of legal valorization of the environmental protection issue. This requires the creating of a complex, coherent approach that should be based on adequate legal superstructure and amendments to the existing Law on Foreign Investments. The main direction of changes implies that the current obligation of foreign investors in this field should be raised onto a higher level and foreign investments should be placed in the function of accomplishing of the concept of sustainable development. However, such an approach has to be accompanied by appropriate mechanism of control and supervision in the given field, if its full effectiveness is to be achieved.
Full Text Available Marriage is not just a bond between men and women, but the inner bond between a man and a woman based on the One and Only God. This research was a philosophical normative, thus the approaches used were philosophical, normative, and historical. Besides, a qualitative-descriptive strategy was used in finding a depth description of the law politics of interfaith marriage regulation in Indonesia based on the the 1974 Marriage Law. The results show that the interfaith marriage is not regulated in the 1974 Marriage Law, because: First, the rejection of the majority of Muslims and the faction in Parliament because the interfaith marriage is against the aqidah (matters of faith of Islam; Second, the interfaith marriage is contrary to the marriage culture in Indonesia, because marriage contains legal, sociology and religious aspects; Third, the interfaith marriage is contrary to the theological teachings of religions in Indonesia that do not want interfaith marriages, such as Islam, Christianity, Protestantism, Hinduism and Buddhism. Furthermore, the interfaith marriage is inconsistent with the philosophical purposes of marriage in Indonesia where the purpose of marriage forms a happy and eternal family based on the One Supreme God.
"Based on micro data from the Immigration and Naturalization Service (INS) on legal immigrants as well as on legalization applications that followed the passage of IRCA [the Immigration Reform and Control Act of 1986], this study exploits the variation in legal and illegal immigration flows across seventy source countries to examine the sensitivity of immigration flows to underlying source country characteristics. The study finds that earnings in the source country and the distance from the United States form significant deterrents of both legal and illegal immigration flows. We also find that illegal immigration is more sensitive to such factors than is legal immigration." The impact of the North American Free Trade Agreement on U.S. immigration from Mexico is also assessed. excerpt
Hanewald, Bernd; Gieseking, Janina; Vogelbusch, Oliver; Markus, Inessa; Gallhofer, Bernd; Knipper, Michael
Interdisciplinary analysis of the consequences of laws and legal practice for mental health conditions of asylum seekers and psychiatric care. Based on the case study of a Kurdish woman with complex trauma-related psychiatric disorder, who had been in psychiatric hospital care for 25 months, the legal and medical facts are exposed, followed by a discussion referring to theoretical approaches from medical anthropology. Immigration laws and legal practice can have harmful consequences, which can be interpreted as "structural violence". In case of traumatized refugees, the coaction of legal and medical aspects has to be acknowledged seriously by the medical, legal and political parts involved. © Georg Thieme Verlag KG Stuttgart · New York.
Full Text Available Drones or unmanned or remote vehicles represent a new generation of devices that were designed to help mankind achieve better results in areas that were proven to hazardous. By developing drones, new areas of economic activities have been unlocked for better exploitation, but at the same time, the lack of a proper legal system to back-up the new technology allowed a new wave of gray-lined uses of drones that must be tackled. As the Director of the 21st Century Defense Initiative at the Brookings Institute1 explains in an interview in 2012 that “a revolutionary technology is a game-changing technology on a historic level. It is technology like gunpowder, or the steam engine, or the atomic bomb”. With this in mind, drones mark the revolution to carry out strikes from thousands of kilometers away, while also ensuring a permanent eye in the sky for both military and also law enforcement operations. The aforementioned facts are just small percentages of what a drone is truly capable of and its full potential will only be unlocked once artificial intelligence will become an integral part of robotics.
Full Text Available Psychopathy is characterised by emotional disturbances that affect interpersonal behaviour and decision-making. The objective of this paper is to review the most recent contributions to the field of neuroscience of psychopathy and the implications that this disorder has on the criminal legal field. In regards to this last aspect, we evaluate the issue of psychopaths’ accountability and the incidence of psychopathy in many other penal institutions. In terms of the contributions of neuroscience, we will focus on the orbitofrontal (ofPFC and ventromedial (vmPFC regions of the frontal lobes and on the amygdala. Data spanning from the nineteenth century to the present indicate that damage to the ofPFC and vmPFC is the basis of behaviours that have been referred to as pseudopsychopathic. The earlier during brain development the damage occurs, the more likely these behaviours will resemble those of psychopaths. The damage to the amygdala is rather related to impairments in the ability to distinguish facial expressions of fear and the capacity to feel emotions. Damage to ofPFC, vmPFC, and amygdala are highly relevant to the expression of pseudopsychopathic behaviours.
Burcu Umut Zan
Full Text Available The most important and basic role of the deposition studies, which are the greatest contributions to the knowledge sharing, is to gather the artistic and philosophical works of a country and provide them for the use of future researchers. However, since early deposition studies were limited with printed publications, they do not involve the electronic publication types appearing with the development of information technology. This stems from the fact that the electronic publications require procedures different from those of the printed publications in terms of deposition steps because of their structures. Today, in order to guarantee that all registered cultural products, which are mostly produced and used in the electronic environment could be fully collected, electronic publications should also be covered by and regulated under legal deposit. This study analyzes the deposition of electronic publications, within the framework of their storage and protection, being put in the use of the users as well as the common approaches to deposition practices in the world parallel to the developments in the information technology. The related situation in Turkey was also evaluated.
Dolly Marcela Zapata
Conclusión. A pesar de existir alguna concordancia en cuanto a que los componentes más afectados eran el desempeño físico y emocional, la población estudiada presentó una baja calidad de vida relacionada con la salud.
In 2015, a new Liberal Government came to power in Canada, elected on a platform that included legalization and regulation of cannabis for recreational purposes. Their legislation, based on recommendations from a Federal Task Force on Marijuana Legalization and Regulation, is due in early April 2017. This commentary utilizes Canadian Federal policy papers, previous literature, and internal and international agreements to examine two key areas critical to the development of a nationwide regulated market for cannabis in Canada; the need to overcome restrictions to legalizing cannabis in United Nations' drug control treaties, and the unique challenges that non-medical cannabis creates for navigating interprovincial trade policies in Canada. Irrespective of UN conventions that appear to prohibit legalization of cannabis the Government is preparing to bring forward legislation as this article goes to print. At the same time significant squabbles impede the selling of even beer and wine inter-provincially in Canada. This paper identifies the challenges facing Canadian legalization efforts, but also shows how the legalization legislation may provide opportunities to engender significant change beyond the simple legalization of a specific drug. This commentary does not argue for any specific course of action for Canada, but rather explores the nuance of legalization absent from the declaration in the Liberal party platform. The paper argues that Canada's efforts may hasten the dismantling of the UN drug control structure, and provide renewed opportunities for intern-provincial trade in Canada. Copyright © 2017 Elsevier B.V. All rights reserved.
Yeni Salma Barlinti
Full Text Available This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.
Full Text Available Ochrobactrum anthtropi es un bacilo gram negativo aeróbico, no fermentador de la glucosa, anteriormente conocido como Achromobacter sp o CDC grupo Vd. Ha sido aislado del medio ambiente y de infecciones en seres humanos que generalmente presentaban algún tipo de inmunocompromiso. Las infecciones por este microorganismo fueron bacteriemias relacionadas a catéteres y en ocasiones endoftalmitis, infecciones urinarias, meningitis, endocarditis, absceso hepático, osteocondritis, absceso pelviano y absceso pancreático. Se presenta el caso de un paciente de sexo masculino, de 69 años de edad, que consultó a la guardia por hipotensión sostenida y síndrome febril de cuatro días de evolución, escalofrío, sudoración profusa y deterioro del sensorio. El paciente tenía diabetes de tipo 2 y antecedente de accidente cerebrovascular. Debido a insuficiencia renal crónica presentaba un catéter de doble lumen para la diálisis. Se documentó una bacteriemia relacionada a catéter por cultivo de sangre a través de catéter y de vena periférica, utilizando el sistema automatizado de hemocultivos Bact-Alert y la metodología de tiempo diferencial (>120min. La confirmación se realizó, una vez removido el catéter, por la técnica semicuantitativa de Maki (> 15 UFC. El microorganismo fue identificado por API 20NE y Vitek 1 como Ochrobactrum anthropi.Ochrobactrum anthropi is a non-glucose fermentative, aerobic gram-negative bacillus, formerly known as Achromobacter sp or CDC group Vd. It has been isolated from the environment and from infections in usually immunocompromised human beings. The documented infections frequently involved catheter related bacteremia whereas endophthalmitis, urinary infections, meningitis, endocarditis, hepatic abscess, osteochondritis, pelvic abscess and pancreatic abscess were rarely involved. Here it is presented the case of a male patient aged 69 years with sustained hypotension, four day febrile syndrome, chill, lavish
Full Text Available The great multicultural experiment that is Australia has engendered a reconsideration of core values. Even the traditionally conservative legal system has not been immune. While the law remains anchored in its British Christian common-law traditions, the influence of other cultures and beliefs are emerging. Taking the term multiculturalism to encompass all cultures, including indigenous peoples as well as new comers, two instances of this are the partial accommodation of Indigenous customary law and a debate over the accommodation of Islamic law principles. The adoption of “foreign” legal concepts poses a dilemma for a liberal democratic society. On one hand, such a society might be expected to embrace wholesale legal plurality. However, there may be some foreign legal principles that are resisted on the basis that they are unacceptable to a free and equal society. The challenge is how to acknowledge the customary and religious laws of minorities whilst establishing one legal framework that applies to all, equally, and without discrimination and protects vulnerable parties. This article explores the implications for the legal system of a multicultural Australia. Taking the instances of Indigenous and Islamic law, it will be observed that legal plurality exists in Australia but largely in the shadows where the vulnerable of society lack protection. It proposes an institutional response that might help shine a light on these shadows.
Rossana Marchese Bittencourt
Full Text Available Estudo descritivo, transversal, que objetivou identificar a influência das intervenções clínicas realizadas na sala de parto e UTI Neonatal no óbito neonatal precoce em Cuiabá-MT, no ano de 2010. A coleta de dados foi feita em janeiro-fevereiro/2011, com base nos dados contidos nas declarações de nascidos vivos, declarações de óbito e prontuário hospitalares, sendo arquivados e tratados no programa SPSS versão 15.0. Dos 77 óbitos analisados, 94,7% dos bebês nasceram no hospital e mais de 70% morreram precocemente. As intervenções em sala de parto que se associaram ao risco de óbito precoce foram a reanimação cardiopulmonar e intubação; durante a internação, o cateter central de inserção periférica e a hemotransfusão associaram-se como fator de proteção para o óbito precoce. O conhecimento de práticas clínicas benéficas ou maléficas para a saúde do neonato é imprescindível para alcançar a qualidade do cuidado e, consequentemente, reduzir os óbitos neonatais, especialmente os precoces.
Full Text Available The study was applied in a company of international character that invests constantly in information technology. It is considered that the single fact to invest in technology is not guarantee so that this is adopted and taken advantage of optimally. The reasons were investigated that influenced in the employees, to accelerate the process of adoption of the technology. Net, that is used in the electronic payment of its suppliers. The reasons considered and applied in the study were obtained and adapted of previous studies based on the Theory of Diffusion of Innovations of Rogers, the Agencial Theory, the Theory of Action Reasoned of Fishbein and Ajzen, the Theory of the Planned Conduct of Ajzen and the Theory of the Equity of Adams. The work of field was made at the beginning of 2007, by means of a applied questionnaire to 140 employees. The results demonstrated that were not significant differences between the employees of the Shared Services of Center the company and those that do not belong to this center, with respect to the time that takes in feeling comfortable using the technology. Net. However yes differences in the reasons were identified that better explain the intention of adoption of this technology.
Full Text Available Usualmente las dimensiones de una bodega de datos son consideradas estáticas porque su esquema y datos tienden a no cambiar. Sin embargo, tanto el esquema como los datos de las dimensiones pueden cambiar. Este artículo se enfoca en un tipo de cambio dimensional denominado reclasificación, que ocurre cuando un miembro de un nivel cambia de miembro en un nivel superior de la dimensión, ejemplo, cuando un producto cambia de categoría (es reclasificado. Este tipo de cambios da lugar al concepto período de clasificación y a un tipo de consultas que pueden ser útiles para la toma de decisiones. Verbigracia, ¿cuál fue el total vendido del producto ajedrez durante su primer periodo de clasificación en la categoría juguete? Para facilitar el planteamiento de este tipo de consultas se propone un conjunto de operadores y se muestra como éstos se incorporan en SQL, un lenguaje familiar para los desarrolladores de bases de datos. También se demuestra la expresividad de los operadores propuestos, ya que la formulación de esas consultas sin usar estos operadores usualmente conduce a soluciones complejas y poco intuitivas.
Bárbara Paula Magalhães de Deus
Full Text Available Justificativa e Objetivos: A Doença Renal Crônica e o número de pacientes em terapias renais substitutivas se tornaram mais frequente nas últimas décadas. Mesmo com novas tecnologias para o procedimento hemodialítico, que trazem maior segurança para o paciente, sintomas e complicações agudas após o procedimento ainda podem ocorrer. Reconhecer estas complicações e saber manejá-las é fundamental para garantir uma melhor qualidade de vida para estes pacientes. Conteúdo: Trata-se de uma pesquisa bibliográfica sobre sintomas relacionados com a hemodiálise, realizada nas bases de dados eletrônicos: Periódicos CAPES (Coordenação de Aperfeiçoamento de Pessoal de Nível Superior, Brasil, Scientific Electronic Library Online - SCIELO, LILACS e Pubmed, onde foram selecionados 30 artigos sobre as principais compli¬cações observadas e descritas durante a realização da hemodiálise. Conclusão: Observou-se uma prevalência de sintomas relacionados com desequilíbrio hídrico e eletrolítico e alterações hemodinâmicas, com destaque para cefaleia. DESCRITORES Doença renal crônica; Sintomas; Hemodiálise.
Carlos A. Montalvo-Arce
Full Text Available Objetivo: determinar las desigualdades en la mortalidad por causas específicas relacionadas con características socioeconómicas, en municipios del Huila 2009-2013. Métodos: estudio ecológico que comparó las mortalidades por Infección Respiratoria Aguda, cáncer de estómago, enfermedades hipertensivas y cerebrovasculares, accidentes de tránsito, homicidio, diabetes y mortalidad en niñez, con base en su situación socioeconómica, según las variables socioeconómicas Cobertura en Educación Media, NBI, Ruralidad, Suficiencia Económica, Valor Agregado Municipal y el Índice de Calidad del Agua en los 37 municipios del Huila. Se calcularon tasas ajustadas por edad con el método directo y medición de desigualdades confrontando las variables descritas, usando medidas basadas en rango, regresión y desproporcionalidad, usando el software Epidat 4.0. Resultados: en la mortalidad por cáncer gástrico, por enfermedades hipertensivas y en la mortalidad en niñez se identificó constante desigualdad frente a las variables socioeconómicas evaluadas, en contra de los municipios menos favorecidos. En la mortalidad por infecciones respiratorias agudas y homicidios, se observaron mayores tasas en los municipios con mejores condiciones socioeconómicas. Conclusiones: existe gran variabilidad entre las condiciones socioeconómicas de los municipios y entre las mortalidades por los eventos evaluados, observando aceptable correlación entre las diferentes medidas de desigualdades utilizadas.
Dr.Sc. Hamdi Podvorica
Full Text Available Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establish-ment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functio-ning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other or-gans and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has estab-lished the legal basis for realization of the iso jure principle, accor-ding to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to des-truction, theft and extermination. The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them. The dark side of the legal inheritance process is linked to the inefficiency of courts and the still fragile legal system in Kosovo. By implementing empirical methods, we have come to the con-clusion that the low number of judges in proportion with the huge number of cases has become a key liability for practical implemen-tation of the principle of initiating the legal procedure ex officio. The failure in enforcing this principle and initiating the procedu-res for processing of hereditary property by courts, even though they
Vinding, Niels Valdemar
This anthology comprises contributions from a conference on legal practice and cultural diversity held in London in July 2007, but the editors take their cue from the speech made in February 2008 by the Archbishop of Canterbury, Dr Rowan Williams. The questions central to the book are the same...... that arose after the speech by the Archbishop: whether or to what extent cultural difference should be recognized by legal systems. Legal practice and cultural diversity, edited by Ralph Grillo, Roger Ballard, Alessandro Ferrari, Andre´ J. Hoekema, Marcel Maussen, and Prakash Shah, Farnham, UK, Ashgate, 2009...
Governments are particularly salient stakeholders for business ethics. They act on societal needs and social expectations, and have the political and legal powers to restrict or expand the economic freedoms of business as well as the legitimacy and often urgency to do so. We draw on two examples......: the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management – future managers – in their analysis...... to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice....
Frederico de Andrade Gabrich
Full Text Available There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strategic planning of business objectives. So it’s the need and the importance of developing a Legal Business Model that can be used in combination with Canvas.
Full Text Available The legal norm represents an intellectual creation of the legislator. It is expressed in legal language, according to certain rules of preparation, respecting the grammar rules specific to the language in which it is drawn up, as well as the legislative technique. The final result, thought out and wanted by the author, must be understood in direct relation to his intention. Interpretation of the law concerns the particular significance of the general form and the cognitive value of the information, of grammatical construction that expresses the legal norm.
Full Text Available Following the terrorist attacks in the USA on September 11th, 2001, it was discovered that money laundering was a significant source of finance for terrorists. Although, the amount of money that involve is not as involve as in drug and gun trafficking, terrorist financing had been the most important substance to be monitor. Further, various legal measures have been taken internationally in order to combat terrorist financing. This research analyses the legal measures that have been taken internationally and at EU level to combat terrorist financing. Key words: Money Laundering, Terrorist Financing, International Legal measures, EU.
Altamura, M.; Ferraris, L.; Miozzo, D.; Musso, L.; Siccardi, F.
An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working
Full Text Available An exponential improvement of numerical weather prediction (NWP models was observed during the last decade (Lynch, 2008. Civil Protection (CP systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1.
Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009.
One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006. This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008 of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984.
The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing
Courtney, Brooke; Hodge, James G
Recent public health emergencies, such as the 2009 Influenza A/H1N1 Pandemic and Hurricane Katrina, underscore the importance of developing healthcare response plans and protocols for disasters impacting large populations. Significant research and scholarship, including the 2009 Institute of Medicine report on crisis standards of care and the 2008 Task Force for Mass Critical Care recommendations, provide guidance for healthcare responses to catastrophic emergencies. Most of these efforts recognize but do not focus on the unique needs of pediatric populations. In 2008, the Centers for Disease Control and Prevention supported the formation of a task force to address pediatric emergency mass critical care response issues, including legal issues. Liability is a significant concern for healthcare practitioners and facilities during pediatric emergency mass critical care that necessitates a shift to crisis standards of care. This article describes the legal considerations inherent in planning for and responding to catastrophic health emergencies and makes recommendations for pediatric emergency mass critical care legal preparedness. The Pediatric Emergency Mass Critical Care Task Force, composed of 36 experts from diverse public health, medical, and disaster response fields, convened in Atlanta, GA, on March 29-30, 2010, to review the pediatric emergency mass critical care recommendations developed by a 17-member steering committee. During the meeting, experts determined that the recommendations would be strengthened by a manuscript addressing legal issues. Authors drafted the manuscript through consensus-based study of peer-reviewed research, literature reviews, and expert opinion. The manuscript was reviewed by Pediatric Emergency Mass Critical Care Steering Committee members and additional legal counsel and revised. While the legal issues associated with providing pediatric emergency mass critical care are not unique within the overall context of disaster healthcare
Beatriz C. Thomann Rey
Full Text Available Introducción: En la monitorización de salud de la población, a medida que se controla la mortalidad prematura, van ganando terreno los indicadores de "Calidad de Vida" en detrimento de los "Cantidad de Salud". Los instrumentos de medida de Calidad de Vida Relacionados con la Salud (CVRS, pueden ayudar a valorar la aptitud de los trabajadores epilépticos. Objetivo: Observar si la empleabilidad influye en la CVRS de los pacientes epilépticos, y como están afectados los dominios de sensación energía/fatiga y funciones cognitivas, con el cuestionario QOLIE-31. Metodología: Búsqueda bibliográfica utilizando las bases de datos PubMed, Scielo, IBECS, Cochrane Plus, Google Académico y LILACS. El nivel de evidencia se estableció de acuerdo a los criterios de SIGN. Resultados: Se seleccionaron 10 artículos, de 244 artículos recuperados. De ellos, seis son estudios transversales y solo uno obtiene asociación estadísticamente significativa, p<0,001, en el análisis de regresión multivariante, entre trabajo y total QOLIE-31. De los otros cuatro, de validación, tres obtienen asociación estadísticamente significativa con p<0.001, p<0.0001 y p=0,0002, pero solo en el análisis univariante. Variables explicativas con mayor valor predictivo en los dominios de sensación de energía/fatiga y función cognitiva fueron: la frecuencia de las crisis y los síntomas depresivos. Conclusión: No se puede concluir que los epilépticos que trabajan tienen una mejor CVRS que los que no trabajan. Existen sesgos importantes de selección e información, además de diferencias culturales y sociales. Medidas de CVRS podrían ayudar, a la hora de valorar la aptitud de los enfermos epilépticos en el trabajo.
Rules of medical ethic bid since the times of antiquity to respect the patients dignity. Today to respect the dignity of any man is a general legal rule. In the same way other rules of the traditional medical ethic became legal norms as for instance the command forbidding to do harm to someone. The law intends to limit the possibilities to exercise power. Therefore it does not compete to the doctor alone to decide that a medical treatment has to be applied. The legal base of a medical treatment lies in the consent of the patient who has been duly cleared up on his state, the necessary treatment and its risks. If it has to be decided if a doctor has given the right treatment in a special case it does not suffice to consult the general rules of the law; the circumstances of the case have to be considered as well. The doctor has to decide, according to the actual medical knowledge and the rules of his professional art what the appropriate proceeding is. Legal and medical considerations are closely connected if one judges a doctor handling a special case. If the patient consents, the doctor is not obliged to treat him, but he is entitled to do it, cases of emergency excepted. If and in what way he treats the patient has to be decided by the doctor according to medical criterias. If a patient, sound of mind, who is suffering heavily by an incurable illness asks the doctor to restrain treatment to alleviating the pains and to the absolute cares to preserve life, the doctor is bound by his patient's wish. In analogy the legal construct of "conducting business without mandate" allows the doctor to proceed in the same way if the patient who lost consciousness is not able to decide upon the treatment and whose death is inevitable and imminent if this is the only wise to respect the dignity of the patient.
Borges, Jose C.
The present brazilian legislation status concerning activities in which occurs or may occur any exposure to ionizing radiations, involves several incoherencies and privileges, as a consequence of legal rights generated from labor principles which have no social or scientific base. In this study, several legal labor topics are analysed and a new doctrine context is proposed, based mainly on a equal treatment for all insalubrious and dangerous activities done by workers of both private and public sectors (author). 8 refs
Carmen Helena Seoane Leal
Full Text Available OBJETIVO: Analisar a distribuição espacial da mortalidade por leucemia na população, buscando identificar agregados e estabelecer sua relação com os níveis de industrialização. MÉTODOS: O estudo foi realizado nas 43 regiões de governo do Estado de São Paulo, no qüinqüênio 1991-1995. Foi construído um "índice de industrialização relativo à leucemia" (IIRL baseado no número de indústrias e empregos industriais por 100.000 habitantes, valor adicionado fiscal, variedade de ramos industriais e indústrias com potenciais exposições de risco para a leucemia. O IIRL foi distribuído em cinco categorias. Verificaram-se os coeficientes padronizados de mortalidade por leucemia em cada uma das regiões, também distribuídos em cinco categorias e comparados ao mapa IIRL. RESULTADOS: As regiões mais industrializadas em ordem decrescente foram Campinas, Piracicaba, Jundiaí, Sorocaba e São Paulo. Não foi encontrada associação entre mortalidade, por nenhum tipo de leucemia, e industrialização. A região de Jales foi a que apresentou o mais alto coeficiente padronizado de mortalidade por leucemia. CONCLUSÕES: A distribuição da mortalidade por leucemia ocorreu de forma homogênea no Estado de São Paulo, não apresentando correlação com o nível de industrialização. Entretanto, aspectos relacionados ao método epidemiológico adotado -- estudo ecológico -- e ao uso do parâmetro "mortalidade por leucemia", doença cujo prognóstico tem mudado muito nas últimas décadas, limitaram a interpretação dos resultados.OBJECTIVE: To analyze the spatial distribution of mortality by leukemia in the population, looking for clusters, and to establish an association with the level of industrialization. METHOD: The study was carried out in 43 state regions of the state of São Paulo, Brazil, in the period between 1991 and 1995. It was created an Index of Industrialization-Related Leukemia (IIRL based on number of manufactures and
Graciela Lucía Tonello
Full Text Available La conciencia ambiental es definida como un concepto multidimensional que constituye la dimensión actitudinal del comportamiento pro ambiental. En un contexto global y local de crisis energética, el presente trabajo tuvo como objetivos investigar las interrelaciones entre las diferentes dimensiones de la conciencia ambiental y la posible sustentabilidad detrás de conductas relacionadas con el uso de la iluminación, en una muestra de estudiantes universitarios. La metodología incluyó el desarrollo y administración de una encuesta con diferentes secciones para estimar la conciencia ambiental mediante escalas clasificatorias y preguntas sobre percepción de problemas ambientales, la atribución de responsabilidades, escalas estandarizadas de preocupación ambiental, conocimientos ambientales y la propensión al futuro como un rasgo de la personalidad sustentable. Los resultados en general muestran que la temática energética, al menos la referida a la iluminación tomada en este estudio, no es percibida como problemática ambiental sino como una problemática que afecta a nivel individual, y la perspectiva temporal de futuro evidenciada por la muestra está referida al tiempo futuro en sí mismo, más que como rasgo de personalidad sustentable.
Full Text Available Esta pesquisa verificou a adesão e conhecimento de pessoas com depressão quanto à farmacoterapia prescrita, a satisfação com a equipe de saúde e as dificuldades relacionadas ao tratamento medicamentoso. Trata-se de estudo transversal, descritivo, com abordagem quali-quantitativa. Participaram do estudo 27 pessoas atendidas em um serviço ambulatorial do interior de São Paulo - Brasil. Os dados foram coletados por entrevistas semiestruturadas e revisão de prontuários e analisados por estatística descritiva e análise de conteúdo. Constatou-se que 29,6% dos pacientes não aderiam aos medicamentos e que 51,9% desconheciam a dose dos medicamentos prescritos. Como dificuldades para o seguimento da terapêutica medicamentosa, foram apontados o impacto dos sintomas depressivos sobre o autocuidado, a insatisfação com efeitos dos psicofármacos, a carência de apoio, a polifarmacoterapia e a falta de conhecimento sobre o transtorno e tratamento. Este estudo aponta fatores críticos para a promoção da segurança do paciente no seguimento da terapêutica medicamentosa.
Edwin Mauricio Hincapié-Montoya
Full Text Available Preservar los espacios y difundirlos es una función social que debe mantener unidos a los pueblos y que no puede dejarse a un lado por el clamor y la voz del desarrollo. Para ello la tecnología juega un papel de facilitador mediático a través de la cual se puede llegar a diferentes espacios y lugares históricamente importantes pero físicamente inaccesibles por su desaparición. En los últimos años se han desarrollado aplicaciones que buscan reactivar el patrimonio cultural y hacen uso de tecnologías como realidad virtual, realidad aumentada o juegos serios. Sin embargo, la mayoría son casos de estudio en un tema particular y el área carece de un framework metodológico, que guie y facilite el desarrollo de este tipo de aplicaciones. En este articulo proponemos un framework metodológico conceptual, el cual busca guiar el desarrollo de aplicaciones relacionadas con la reactivación del patrimonio cultural al tiempo que maximiza el aprendizaje de los usuarios en este tema.
Desiderio Rafael Pozo Lauzán
Full Text Available Se realiza una revisión de las características electroencefalográficas de los espasmos infantiles, espasmos epilépticos o síndrome de West, y otras entidades relacionadas con este. Se enfatiza en los patrones más frecuentes, fundamentalmente en los 2 tipos de hipsarritmia: clásica y periódica o fragmentada, observados en el síndrome anteriormente mencionado. Se comenta en relación con el trazado de suppression-burst o paroxismos-supresión, y su correlación con los síndromes de Ohtahara, y Aicardi y Goutières, descritos respectivamente en 1976 y 1978. Se aclara que estos 2 patrones no son exclusivos de estos síndromes, y pueden ser observados en otras entidades en el neonato, como la encefalopatía anóxica isquémica, la meningitis neonatal bacteriana y trastornos metabólicos, entre otros.
Maria Lucia Seidl-de-Moura
Full Text Available RESUMO Estudos brasileiros sobre as trajetórias de desenvolvimento do self, em sua maioria com mães de crianças pequenas, indicam predominância do modelo de autonomia-relacionada (AR. Visando ampliar a investigação dessa tendência, foram realizados dois estudos: (a com avós(ôs, mães, pais e filhos (16-25 anos e (b quatro grupos de cuidadoras de crianças com até um ano, com níveis de escolaridade diversos, selecionados não aleatoriamente. Observamos predomínio de características de self AR para todos os participantes. O efeito da escolaridade sobre autonomia foi confirmado para os pais, a AR de pais e filhos (estudo 1, e de mães (estudo 2. Mães criadas no Rio de Janeiro (capital apresentaram maiores escores de autonomia. A consistência familiar de modelo de self autônomo-relacionado foi evidenciada.
Silvio Romero Beltrão
Full Text Available This work is interdisciplinary and aims to examine the adequacy of the patient-physician relationship to the requirements of validity of legal business. The doctor-patient relationship needs a complete overview on the elements and requirements that constitute its validity in law. As a starting point analyzes the doctor-patient relationship as a legal fact, to then verify the validity requirements of the patient medical legal business, capable agent, object and lawful manner prescribed by law. Investigating the manifestation of the will as the main element of the legal transaction to define the end of the study the importance of the doctor-patient relationship by law, based on the General Theory of Civil Law.
In the Netherlands, the legal and administrative controls on food irradiation are based on the Nuclear Energy Act and more specifically on the Radioactive substances Decree. A licence from the Minister of Public Health and the Environment is needed for the use of Radiation sources. A special procedure is followed for examining and deciding on a request for irradiation of a given goodstuff. (NEA) [fr
Haraberjush Ivan Fedorovych
Full Text Available The article displays the features of remote training as an independent form in the system of higher education in Ukraine. The author also allocates the features of formation of distant learning system and considers possibilities of using this form in legal education in Ukraine. The article defines the categories of graduate lawyers for whose training the distant learning system based on the advanced information technologies is the most effective one.
Legal Aspects of ‘Gold Farming' Islamic Banking Product. Islamic banking can progress quickly through market-based product innovation. This product innovation must be in accordance with the rules laid down in Islamic law. The concept of contract in Islam should pay attention to three aspects, namely: the substance of contract law, the law that is related to the substance of the contract, and contract clarity. A contract becomes invalid if ta'alluq(dependence between two or more contracts) and...
Boer, A.; van Engers, T.; Winkels, R.
While isomorphism of knowledge representation has been recognized as important, particularly to maintenance in legal knowledge representation, the requirements of the maintenance process in general get less attention. Traceability from knowledge resources used in the organization to the sources of
Otto, Paul N.; Antón, Annie I.
Laws and regulations are playing an increasingly important role in requirements engineering and systems development. Monitoring systems for requirements and policy compliance has been recognized in the requirements engineering community as a key area for research. Similarly, legal compliance is critical in systems development, especially given that non-compliance can result in both financial and criminal penalties. Working with legal texts can be very challenging, however, because they contain numerous ambiguities, cross-references, domain-specific definitions, and acronyms, and are frequently amended via new statutes, regulations, and case law. Requirements engineers and compliance auditors must be able to identify relevant legal texts, extract requirements and other key concepts, and monitor compliance. This chapter surveys research efforts over the past 50 years in handling legal texts for systems development. This survey can aid requirements engineers and auditors to better specify, test, and monitor systems for compliance.
Roč. 8, č. 2 (2014) ISSN 1802-5951 Institutional support: RVO:68378122 Keywords : brain-computer interface * human rights * right to privacy, Subject RIV: AG - Legal Sciences http://mujlt.law.muni.cz/index.php
In today's increasingly polarized political climate, science is becoming more politicized, which in turn leads to scientists facing an increased involvement in legal discussion about their work, their correspondence, and their public statements. At times these attacks on scientists and their academic freedom are unwarranted and can leave many confused and wondering how to handle the situation. To help out, AGU and the Climate Science Legal Defense Fund (CSLDF) have partnered to prepare the scientific community for these challenges through a Legal Education Series, a series of webinars along with events at AGU's 2012 Fall Meeting. This series provides scientists with information to help guide and update them on legal issues and situations currently making their way through the courts.
Full Text Available In the Republic of Macedonia, international treaties ratified in accordance with the Constitution are considered part of the internal legal order and cannot be changed by an act of Parliament. This solution confirms the principle that international treaties have more legal authority than all the other legal acts, with the exception of the Constitution. This article aims to give an insight on the constitutional provisions that regulate the position of international treaties in the Macedonian legal order. It identifies its advantages and shortcomings and offers some solutions that might be taken into account by the lawgiver in the future. The article also analyses the profound impact that the European Convention on Human Rights has exerted on the substantial nature of the catalogue of fundamental rights and freedoms prescribed in the Constitution of the Republic of Macedonia.
This article deals with various opinions and assertions regarding drug legalization. Societal and clinical implication regarding the effect of decrease or increase in the use of psyhoactive substances, on public health, violence and criminal activities have been pointed out. The relation between legal and illegal drugs has been considered. Special attention has been paid to arguments on legalization and decriminalization of marihuana and possible consequences on the risk group-children and adolescents. Experiences from USA and some European countries have been presented. Having in mind the specific situation in BiH, the author of article gives her own view and suggest the introduction of harm reduction strategy into BiH drug policy, without changing the legal drug status.
Marc Simon Thomas
Full Text Available Since the 1990s, there has been an increasing interest in mediation in the Netherlands, as part of a set of ‘alternative dispute resolution’ methods. Politicians, lawyers and practitioners have embraced mediation as a legitimate method for settling disputes, alongside the adjudication of conflicts in courts of law. However, there is a striking lack of literature aimed at theorizing mediation from a legal perspective. This article argues that the legal anthropology literature on disputes and dispute settlement offers useful insights for understanding mediation from a ‘legal research’ point of view. This is because a lot of current common knowledge on mediation has its roots in a legal anthropological understanding. The argument that is set forth in this article is that the most important lesson that can be learned is that mediation should not be seen in isolation, but as part of a social process.
Weber, Rolf H
Adopting a multi-disciplinary and comparative approach, this book focuses on emerging and innovative attempts to tackle privacy and legal issues in cloud computing, such as personal data privacy, security and intellectual property protection. Leading international academics and practitioners in the fields of law and computer science examine the specific legal implications of cloud computing pertaining to jurisdiction, biomedical practice and information ownership. This collection offers original and critical responses to the rising challenges posed by cloud computing.
Physicians engaged in management of burn patients in India need to keep themselves abreast with the legal requirements. Clinical burn management and liaison with local authorities go almost parallel. Concept of the legal rights of Burn Survivor and the family are emerging now in India. Demarcation between physical impairment status and disability to sustain are discussed. Burn Physicians can help their patients by imparting this information. Pertinent details about Workmen′s compensati...
This article investigates how comics can be used to adequately communicate the correct process of contract cancellation and whether comics can enhance understanding of the legal process. A survey of pre-owned vehicle buyers of various levels of education in Pretoria, South Africa found that when comics are used to communicate contract cancellation, a significant increase in the comprehension of the legal cancellation process occurs. The results may influence how contracting parties may choose...
Palali, Ali; van Ours, Jan C
textabstractWe investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of cannabis. While the self-interest effect is not very surprising, the effect of inside information suggests that cannabis use is not as harmful as cannabis users originally thought it was be...
John Armour; Douglas Cumming
Must policymakers seeking to replicate the success of Silicon Valley’s venture capital market first replicate other US institutions, such as deep and liquid stock markets? Or can legal reforms alone make a significant difference? In this paper, we compare the economic and legal determinants of venture capital investment, fundraising and exits. We introduce a cross-sectional and time series empirical analysis across 15 countries and 13 years of data spanning an entire business cycle. We show t...
Nanosciences and nanotechnologies come into a pre-existing legal system. Their arrival, and how they are received are worthy of analysis. Such an effort shall at first include simply lexical considerations, in order to penetrate, via their origins, the traces of these specific objects into the territory of law. The goal of this article is to explore the effects of "nanos" in various legal fields, including their relevance to the principle of precaution, patent law, and the applicable laws for chemical substances.
Audronė Androšiūnaitė; Borisas Melnikas
The article defines the concept of professional services and evaluates the extent, to which legal services could be understood as professional services. In addition, literature analysis in the relationship marketing is presented as well as conclusions on the method for the use of relationship marketing in the development of legal services marketing strategy. Strategies of professional services marketing are completely different from other services marketing because of relations with current c...
Lee, D. S.; Oh, K. B.; Kim, H. J.; Lee, J. H.
Though collaborative research is pure academic activity the research plan and resource allocation for the research are shaped under foam of contract. Thus, legal binding effect and compulsive instrument is adopted at the research contract. This paper aimed at guiding equal collaborative research contract in legal aspect. To reach the goal (1) enforceability and elements of international collaborative contract, (2) damage calculation and related issues with those topics shall be discussed in each section
Frederico de Andrade Gabrich
There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strateg...
Full Text Available Many researchers have shown that differences in legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 30 countries observed for the period from 2005 to 2010, this study tried to assess if different legal origins impacted on the development of Islamic finance. More particularly, this paper tried to assess empirically why and how Shari'a Law's legal origins adopted wholly or partially (combined with Common or Civil Law could explain the level of development of Islamic finance in different jurisdictions. Firstly, we found that countries adopting a Shari'a legal system had a very well developed Islamic financial system. Secondly, we found that countries, adopting a mixed legal system based on Common Law and Shari'a Law, were characterized by the flexibility of their legal systems to make changes to their laws in response to the changing socioeconomic conditions and that these helped the development of the Islamic financial industry. However, we found that countries, adopting a mixed legal system based on both Civil Law and Shari'a Law, were less flexible in making changes to their old laws and this thwarted the development of the Islamic financial industry in these countries. Thirdly, we found that the concentration of Muslim population (the percentage of Muslim population had a positive effect on the development of the Islamic banking system. Also, the level of income had a positive and significant effect on the development of Islamic banking.
Medical-legal partnerships: the role of mental health providers and legal authorities in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural settings.
Speldewinde, Christopher A; Parsons, Ian
Medical-legal partnerships (MLP) are a model in which medical and legal practitioners are co-located and work together to support the health and wellbeing of individuals by identifying and resolving legal issues that impact patients' health and wellbeing. The aim of this article is to analyse the benefits of this model, which has proliferated in the USA, and its applicability in the context of rural and remote Australia. This review was undertaken with three research questions in mind: What is an MLP? Is service provision for individuals with mental health concerns being adequately addressed by current service models particularly in the rural context? Are MLPs a service delivery channel that would benefit individuals experiencing mental health issues? The combined searches from all EBSCO Host databases resulted in 462 citations. This search aggregated academic journals, newspapers, book reviews, magazines and trade publications. After several reviews 38 papers were selected for the final review based on their relevance to this review question: How do MLPs support mental health providers and legal service providers in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural Australia? There is considerable merit in pursuing the development of MLPs in rural and remote Australia particularly as individuals living in rural and remote areas have far fewer opportunities to access support services than those people living in regional and metropolitan locations. MLPS are important channels of service delivery to assist in early invention of legal problems that can exacerbate mental health problems.
Calabria, Carina Rodrigues de Araújo
Esta pesquisa busca examinar a eficácia da Corte Interamericana de Direitos Humanos por meio da análise crítica do impacto de suas decisões e da identificação de variáveis que afetam a concretização normativa no contexto regional. Utiliza como base empírica de investigação decisões relacionadas ao sistema carcerário e em que sejam estabelecidas medidas vinculantes de não repetição. Conceitualmente, aventa-se que eficácia é o resultado de uma Cadeia de Concretização Normativa composta por cinc...
O'Reilly, G.; Malone, J. F.
The Medical Exposure Directive (MED) 97/43/Euratom defines medico-legal procedures as 'procedures performed for insurance or legal purposes without a medical indication'. The term 'medico-legal exposures' covers a wide range of possible types of exposures, very different in nature, for which the only feature in common is the fact that the main reason for performing them does not relate directly to the health of the individual being exposed to ionising radiation. The key issue in medico-legal exposures is justification. Balancing the advantages and disadvantages of such exposures is complex because not only can these be difficult to quantify and hence compare, but often the advantage may be to society whereas the disadvantage is usually to an individual. This adds an additional layer of ethical complexity to the problem and one, which requires input from a number of sources beyond the established radiation protection community. Because medico-legal exposures are considered to be medical exposures, they are not subject to dose limits. In medico-legal exposures where the benefit is not necessarily to the individual undergoing the exposure, the question must be asked as to whether or not this is an appropriate framework within which to conduct such exposures. This paper looks at the current situation in Europe, highlighting some of the particular problems that have arisen, and tries to identify the areas, which require further clarification and guidance. (authors)
Full Text Available Due to increasing the cases of complaint from therapeutic staff, referred to Legal Medicine decided to mention a few examples of these actions and by reviewing them, we want to do something even nothing to prevention. Three cases were given and discussed in this article. 1. Patient is a 68-year-old woman complaining of weakness of her left side and speech disturbance that started about 2 hours earlier, was admitted to hospital at 8 am. Patient with a diagnosis of ischemic stroke in progress is placed in antiplatelet therapy (Plavix 4 initial dose and one per day and an 80 mg aspirin per day and anti-Coagulation Heparin (initial dose of 6000 units and 1000 units per hour.Patient conflicts with loss of consciousness at 17:45. By doing CT, they have found a large hemorrhage in the right parietal Frontó with severe shift from midline, IVH, SAH. Currently, patient has movement disorders and several cerebral complications. 2. The patient took under angiography because of chest pain. Patient had an unpleasant feeling in organs at the time of angiography and the symptoms have been intensified in the afternoon of that day and conflicted with headache and blurred vision. The next day, he also afflicted with weakness of organs and at 8 am neurology consultation is requested, and according to a neurologist takes MRI. The patient was suffered from speech impairment and right hemiparesis. MRI indicates stroke. Two days later, intravenous heparin begins. The Patient discharged on 31/4/ … . 3. The patient hospitalized because of headache and weakness of right organs and with a presumptive diagnosis of stroke. Headache had progressive trend. There were not seen certain lesions on the initial CT. 5000 units of heparin with 1000 units of infusion in an hour starts with telephone orders at 8 am. The morning 1/8 /..., he afflicted with loss of consciousness, and transferred to the ICU. In morning experiment, patient’s platelet is reported low (47000.The patient
The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it
The Challenges of Projecting the Public Health Impacts of Marijuana Legalization in Canada; Comment on “Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts”
Full Text Available A recent editorial in this journal provides a summary of key economic, social, and public health considerations of the forthcoming legislation to legalize, regulate, and restrict access to marijuana in Canada. As our government plans to implement an evidence-based public health framework for marijuana legalization, we reflect and expand on recent discussions of the public health implications of marijuana legalization, and offer additional points of consideration. We select two commonly cited public concerns of marijuana legalization – adolescent usage and impaired driving – and discuss how the underdeveloped and equivocal body of scientific literature surrounding these issues limits the ability to predict the effects of legalization. Finally, we discuss the potential for some potential public health benefits of marijuana legalization – specifically the potential for marijuana to be used as a substitute to opioids and other risky substance use – that have to date not received adequate attention.
José A. Piqueras
Full Text Available Objetivos: Analizar las diferencias en calidad de vida relacionada con la salud en función de la categoría ponderal basada en el índice de masa corporal en niños y niñas de 8 a 12 años de edad. Métodos: Estudio transversal descriptivo con 678 escolares de 8 a 12 años de la provincia de Alicante (España. Se compararon las puntaciones en las dimensiones de calidad de vida relacionada con la salud, evaluada mediante la versión española del Child Health and Illness Profile-Child Edition, en función de las categorías ponderales (siguiendo los World Health Organization Child Growth Standards y del sexo. Resultados: El 28,2% y el 15,3% presentaron sobrepeso y obesidad, respectivamente. No se hallaron diferencias estadísticamente significativas (p > 0,05 entre las categorías ponderales en las dimensiones de calidad de vida relacionada con la salud. Conclusiones: La falta de conciencia en los niños pequeños sobre el impacto de la obesidad en la calidad de vida plantea la necesidad de intervenciones centradas en dicha salud percibida desajustada.Objective: To analyze differences in health-related quality of life across weight categories based on body mass index in boys and girls aged 8 to 12 years old. Methods: A cross-sectional study with 678 schoolchildren aged between 8 and 12 years from the province of Alicante (Spain was conducted. The scores on the dimensions of health-related quality of life, assessed by the Spanish version of the Child Health and Illness Profile-Child Edition, across the weight categories (according to the World Health Organization Child Growth Standards and sex, were compared. Results: Overweight or obesity was found in 28.2% and 15.3% of the sample, respectively. There were no statistically significant differences (p > 0.05 across the weight categories on the distinct dimensions of health-related quality of life. Conclusions: Children are unaware of the impact of obesity on quality of life. Interventions to
César, J A; Gomes, G; Horta, B L; de Oliveira, A K; Saraiva, A K; Pardo, D O; Silva, L M; Rodghiero, C L; Gross, M R
Induced abortion is the main cause of maternal death in Brazil. Question of its legalization has been the subject of frequent discussion. In order to assess the influence of the variables affecting the opinion of women of reproductive age, a population-based systematic sample in the county of Rio Grande (Southern Brazil) was examined. Of a total of 1,456 interviews 30% endorsed the legalization, whatever the circumstances; this percentage was directly associated with age, schooling, family income and previous induced abortion (p opinion. Schooling and previous induced abortion were the main determinants of women's favorable opinions regarding abortion legalization.
Raimundo Nonato Delgado-Rodrigues
Full Text Available Sleep medicine is a relatively new field among Medical Sciences. Its legal aspects are still obscure, either for lack of knowledge of the biological mechanisms underlying violent behaviour during sleep or the virtual absence of clear legal and uniformly accepted guidelines as to whether to punish or treat those disorders. An updated review of the pertinent literature was performed to determine the most prevalent pathological conditions involving violence and sleep and to identify their most common precipitating factors, attempting to provide some technical support to aid Brazilian medical-experts or assistants in preparing substantial and scientific-based reports in a legal environment.