WorldWideScience

Sample records for legal cases related

  1. Semantic Relations between Legal Terms. A Case Study of the Intralingual Relation of Synonymy

    Directory of Open Access Journals (Sweden)

    Matulewska Aleksandra

    2016-06-01

    Full Text Available The author intends to present a possibility of parametrising legal terminology in order to reveal semantic and systemic relations at the intralingual and interlingual levels. The scope of the research comprises selected legal terminology from the following legal systems: Polish, British, American and European Union. The research methods used include: (i the analysis of comparable texts, (ii the method of parametrisation of the legal linguistic reality, (iii the concept of adjusting translation to the communicative needs and requirements of the recipient community. The research hypothesis is that parametrisation of legal terminology in respect of semantic and systemic relations may be a useful tool in organising and comparing terminology for the purpose of legal translation. First the relation of synonymy binding terms at the intralingual and interlingual levels in the light of systemic and genre-related relations is discussed. The proposal is illustrated with examples of legal terms and the networks of relations binding them in English and Polish. The conclusions are that such an approach is systematic and provides a translator with information necessary to render communicatively efficient translations.

  2. The Legal Case

    NARCIS (Netherlands)

    Sartor, Giovanni; Contissa, Giuseppe; Schebesta, H.; Laukyte, Migle; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello

    2013-01-01

    This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied

  3. Retrieval of Legal Information Through Discovery Layers: A Case Study Related to Indian Law Libraries

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    Kushwah, Shivpal Singh

    2016-09-01

    Full Text Available Purpose. The purpose of this paper is to analyze and evaluate discovery layer search tools for retrieval of legal information in Indian law libraries. This paper covers current practices in legal information retrieval with special reference to Indian academic law libraries, and analyses its importance in the domain of law.Design/Methodology/Approach. A web survey and observational study method are used to collect the data. Data related to the discovery tools were collected using email and further discussion held with the discovery layer/ tool /product developers and their representatives.Findings. Results show that most of the Indian law libraries are subscribing to bundles of legal information resources such as Hein Online, JSTOR, LexisNexis Academic, Manupatra, Westlaw India, SCC web, AIR Online (CDROM, and so on. International legal and academic resources are compatible with discovery tools because they support various standards related to online publishing and dissemination such as OAI/PMH, Open URL, MARC21, and Z39.50, but Indian legal resources such as Manupatra, Air, and SCC are not compatible with the discovery layers. The central index is one of the important components in a discovery search interface, and discovery layer services/tools could be useful for Indian law libraries also if they can include multiple legal and academic resources in their central index. But present practices and observations reveal that discovery layers are not providing facility to cover legal information resources. Therefore, in the present form, discovery tools are not very useful; they are an incomplete and half solution for Indian libraries because all available Indian legal resources available in the law libraries are not covered.Originality/Value. Very limited research or published literature is available in the area of discovery layers and their compatibility with legal information resources.

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

    Science.gov (United States)

    Martinelli, Kathleen A.; Briggs, William

    1998-01-01

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

  5. Sleep-related violence and sexual behavior in sleep: a systematic review of medical-legal case reports.

    Science.gov (United States)

    Ingravallo, Francesca; Poli, Francesca; Gilmore, Emma V; Pizza, Fabio; Vignatelli, Luca; Schenck, Carlos H; Plazzi, Giuseppe

    2014-08-15

    To review systematically medical-legal cases of sleep-related violence (SRV) and sexual behavior in sleep (SBS). We searched Pubmed and PsychINFO (from 1980 to 2012) with pre-specified terms. We also searched reference lists of relevant articles. Case reports in which a sleep disorder was purported as the defense during a criminal trial and in which information about the forensic evaluation of the defendant was provided. Information about legal issues, defendant and victim characteristics, circumstantial factors, and forensic evaluation was extracted from each case. A qualitative-comparative assessment of cases was performed. Eighteen cases (9 SRV and 9 SBS) were included. The charge was murder or attempted murder in all SRV cases, while in SBS cases the charge ranged from sexual touching to rape. The defense was based on sleepwalking in 11 of 18 cases. The trial outcome was in favor of the defendant in 14 of 18 cases. Defendants were relatively young males in all cases. Victims were usually adult relatives of the defendants in SRV cases and unrelated young girls or adolescents in SBS cases. In most cases the criminal events occurred 1-2 hours after the defendant's sleep onset, and both proximity and other potential triggering factors were reported. The forensic evaluations widely differed from case to case. SRV and SBS medical-legal cases did not show apparent differences, except for the severity of the charges and the victim characteristics. An international multidisciplinary consensus for the forensic evaluation of SRV and SBS should be developed as an urgent priority.

  6. The Marija Šarapova Case (related to the Croatian legal framework on damages liability

    Directory of Open Access Journals (Sweden)

    Blanka Kačer

    2018-01-01

    Full Text Available Here an attempt is made to find a legal solution to a principle problem together with analysis of a concrete example. There is confrontation between two indisputable but partially mutually exclusive rights. On the one hand, freedom of speech privately and /or publicly and this opinion need not be at all positive, and on the other hand there is every individual’s right to be free of any insult both private and public including expressing one’s own opinion which offends another. It is necessary to establish the limit of illegality. This depends on which right takes precedence. This involves an actual event in which various female tennis players publicly protested, and in this way put pressure on tournament organizers against inviting to the tournament a female tennis player who had just finished “serving” her punishment of a 15 month ban on playing at tournaments. This punishment was the result of her being caught under inspection of her as an athlete and whether she had consumed some substances from the list of forbidden substances. After thorough analysis, it was concluded that a mild display of opinion was involved which did not in any way offend another’s honour nor threaten or damage another’s personality rights. However, if this were exaggerated, then the limit has been violated– a line has been crossed which divides illegal from legal behaviour. In this second case, if other legal conditions are met, there is a case for damages lability. In the first instance, because cumulative fulfilment of all conditions is necessary, no civil damages liability exists.

  7. Religion-Related Child Maltreatment: A Profile of Cases Encountered by Legal and Social Service Agencies.

    Science.gov (United States)

    Bottoms, Bette L; Goodman, Gail S; Tolou-Shams, Marina; Diviak, Kathleen R; Shaver, Phillip R

    2015-08-01

    Religion can foster, facilitate, and be used to justify child maltreatment. Yet religion-related child abuse and neglect have received little attention from social scientists. We examined 249 cases of religion-related child maltreatment reported to social service agencies, police departments, and prosecutors' offices nationwide. We focused on cases involving maltreatment perpetrated by persons with religious authority, such as ministers and priests; the withholding of medical care for religious reasons; and abusive attempts to rid a child of supposed evil. By providing a descriptive statistical profile of the major features of these cases, we illustrate how these varieties of religion-related child maltreatment occur, who the victims and perpetrators are, and how religion-related child abuse and neglect are reported and processed by the social service and criminal justice systems. We end with a call for greater research attention to these important offenses against children. Copyright © 2015 John Wiley & Sons, Ltd.

  8. An Analysis of Legal Hearings and Cases Related to Individualized Education Programs for Children with Autism.

    Science.gov (United States)

    Etscheidt, Susan

    2003-01-01

    This article reviews 68 hearings and cases concerned with disputes regarding individualized education programs (IEPs) for students with disabilities. It concludes that IEP goals must be matched to evaluation data, team members must be qualified to develop programs, and the methodology selected must be able to assist the students in achieving…

  9. Drug-related deaths with evidences of body packing: Two case reports and medico-legal issues.

    Science.gov (United States)

    Cappelletti, Simone; Aromatario, Mariarosaria; Bottoni, Edoardo; Fiore, Paola Antonella; Straccamore, Marco; Umani Ronchi, Federica; De Mari, Guido Maria; Ciallella, Costantino

    2016-05-01

    Body packing is a general term used to indicate the internal transportation of drug packages, mainly cocaine, heroin, amphetamines, and methamphetamine, within the gastrointestinal tract. We described two cases of accidental drug intoxication, observed over the last year period, with evidence of intracorporeal drug concealment. The first case concerned a body packer transporting 69 drug packages of heroin adulterated with piracetam. The second body packer transported 16 drug packages of cocaine adulterated with levamisole. For both cases, forensic examination and toxicological analysis of drug packages and biological samples were carried out. Authors also wants to highlight the main medico-legal issues that commonly arise in cases of suspected or ascertained body packers. Copyright © 2016 Elsevier Ireland Ltd. All rights reserved.

  10. Legal liability for Agent Orange-related illnesses: a reassessment of the 2005 VAVA case and prospects for new litigation.

    Science.gov (United States)

    Klickermann, Felix

    2016-01-01

    Attempts through the US courts to hold the corporations responsible for the production of dioxin-contaminated herbicides used by the US military in the 1960s and early 1970s liable for their ongoing health consequences have failed. This article scrutinizes the most recent judgement - that of the United States District Court for the Eastern District of New York handed down in 2005 following a lawsuit brought by the Vietnam Association of Victims of Agent Orange/dioxin (VAVA). It is argued that despite this judgement there is the potential to bring a further legal case, with some prospect of success, on the basis of: (i) debatable legal judgements in the 2005 decision; (ii) new scientific evidence on the health effects of exposure to Agent Orange; and (iii) cases brought in other jurisdictions. The article concludes by noting the underfunding of ongoing remediation efforts, especially for the provision of assistance to affected individuals, and argues that it is desirable to oblige the producers of the herbicides to contribute financially to these efforts.

  11. Public Relations vs. Legal Strategies in Organizational Crisis Decisions.

    Science.gov (United States)

    Fitzpatrick, Kathy R.; Rubin, Maureen Shubow

    1995-01-01

    Finds that in almost two-thirds of the cases studied, in which organizations responded to public charges of sexual harassment, legal strategy--rather than public relations strategy--was used by official spokespersons. Argues that organizations need to reconcile the often contradictory counsel of public relations and legal professionals. (SR)

  12. Case Briefs in Legal English Classes

    Directory of Open Access Journals (Sweden)

    Bilová Stĕpánka

    2016-06-01

    Full Text Available A case brief can be described as a succinct summary of a case which specifies the facts, procedural history, legal issue(s, court decision and legal reasoning supporting the judgment, even though exact formats may vary. Case briefing is a demanding activity which is required from students during their law studies. The goal is to teach students to focus on the essential parts of the case and to obtain a thorough understanding of the case and the reasoning, which means the students need to employ their analytical and critical thinking skills.

  13. Temporal Visualization for Legal Case Histories.

    Science.gov (United States)

    Harris, Chanda; Allen, Robert B.; Plaisant, Catherine; Shneiderman, Ben

    1999-01-01

    Discusses visualization of legal information using a tool for temporal information called "LifeLines." Explores ways "LifeLines" could aid in viewing the links between original case and direct and indirect case histories. Uses the case of Apple Computer, Inc. versus Microsoft Corporation and Hewlett Packard Company to…

  14. Legal aspects related to workers and ionizing radiation

    International Nuclear Information System (INIS)

    Faria, N.M. de; Fischer, D.

    1985-01-01

    The legal aspects related to protection of the worker during its activity and in case of accident which involves dead or invalidity or occupation disease are presented. The aspects concerning to employment relation for workers in nuclear installations, and the professional liability for workers who handle ionizing radiation are discussed. (M.C.K.) [pt

  15. Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice

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    Konrad Graf

    2011-08-01

    Full Text Available Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason.

  16. On Plagiarism and Power Relations in Legal Academia and Legal Education

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    Tilen Štajnpihler

    2017-12-01

    Full Text Available The article challenges the misconception that legal academia is a harmonious community without internal discrepancies, characterised by common interests, a coherent set of values and standards of behaviour that are unilaterally transposed into the legal profession through the process of legal education. The paper focuses on a case study of a public dispute between two law professors initiated by an article published in one of the main national law magazines wherein one accused the other of plagiarism. Even though the dispute did not come to an unequivocal conclusion, it deserves a closer examination as it clearly exposed two important issues. Firstly, it revealed certain unresolved issues concerning legal writing and legal ethics that are essential elements of the legal profession, as they have a profound impact on legal education and legal practice, and, secondly, it showed that these divergences are at least to some extent related to the latent network of power relations and struggles that dominate the legal (academic field. Este artículo cuestiona la creencia de que el mundo jurídico-académico es una comunidad armoniosa sin discrepancias internas, caracterizada por intereses comunes, valores coherentes y parámetros de comportamiento que se transponen de forma unilateral al ejercicio de la profesión jurídica a través de la educación en Derecho. El artículo se centra en el estudio de una disputa entre dos profesores de Derecho, en la cual uno acusaba al otro de plagio. A pesar de que la disputa no se resolvió de forma clara, merece un análisis más cuidadoso, ya que puso de manifiesto dos temas importantes: en primer lugar, algunos conflictos sin resolver sobre la escritura y la ética del derecho que son elementos esenciales de la profesión jurídica, pues tienen un profundo impacto sobre la educación y la práctica del Derecho; y, en segundo lugar, que estos desacuerdos están relacionados con las redes latentes de poder que

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

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    Beatriz Helena Tess

    2014-11-01

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

  18. How clear is transparent? Reporting expert reasoning in legal cases

    NARCIS (Netherlands)

    Sjerps, M.J.; Berger, C.E.H.

    2012-01-01

    Experts providing evidence in legal cases are universally recommended to be transparent, particularly in their reasoning, so that legal practitioners can critically check whether the conclusions are adequately supported by the results. However, when exploring the practical meaning of this

  19. Conundrums in the legal protection of migrant workers' health rights and relative resolutions: implications from the case of Tseng Hei-tao.

    Science.gov (United States)

    Liu, Kai

    2013-08-01

    The deteriorating situation of migrant workers' health rights protection was once again highlighted in the case of Tseng Hei-tao. This case explicitly and implicitly showed that four conundrums--the Employment Restriction Conundrum, the Occupational Safety and Health (OSH) Legal Conundrum, the Morality Conundrum and the Identity Conundrum--are barriers to migrant workers' right protection. The health rights of migrant workers could be safeguarded by abolishing the outdated household registration system designed in the planned economy era, improving the rule of law, and strengthening administrative supervisions. This would fundamentally remove these barriers and thus contribute to migrant workers' health rights protection.

  20. THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

    OpenAIRE

    Oleksii Drozd; Yaroslav Lazur; Ruslan Serbin

    2017-01-01

    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 m...

  1. LEGAL DRAFTING IN CROATIA - CASE STUDY

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    Dario Đerđa

    2017-01-01

    Full Text Available This paper highlights the importance of legal drafting and its essential elements, which has not drawn a lot of attention in the Republic of Croatia so far. The paper emphasises the importance of proportionality in the simplicity and legal distinctness of a legal text in the process of drafting for the purpose of its clarity. The paper also presents objective requirements necessary for quality legal drafting, as well as subjective qualities of the drafters. With the purpose of drawing attention to imperfections in the legal drafting in Croatia, some defi ciencies are presented in the process of drafting and amending of the Utility Services Act. The process of drafting and amending of this Act is a good example of the way how legal drafting should not be done. It contains a lot of defi ciencies and failures that are the result of legal drafting mistakes. At the end, authors expect that the adoption of the Uniform methodology and nomotechnical rules for the drafting of acts enacted by Parliament should contribute to the higher quality of legal texts and to their full adjustment to the general requirements of legal certainty and rule of law.

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

    Science.gov (United States)

    Zirkel, Perry A.

    2011-01-01

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

  3. Medico-legal findings, legal case progression, and outcomes in South African rape cases: retrospective review.

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    Rachel Jewkes

    2009-10-01

    Full Text Available BACKGROUND: Health services for victims of rape are recognised as a particularly neglected area of the health sector internationally. Efforts to strengthen these services need to be guided by clinical research. Expert medical evidence is widely used in rape cases, but its contribution to the progress of legal cases is unclear. Only three studies have found an association between documented bodily injuries and convictions in rape cases. This article aims to describe the processing of rape cases by South African police and courts, and the association between documented injuries and DNA and case progression through the criminal justice system. METHODS AND FINDINGS: We analysed a provincially representative sample of 2,068 attempted and completed rape cases reported to 70 randomly selected Gauteng province police stations in 2003. Data sheets were completed from the police dockets and available medical examination forms were copied. 1,547 cases of rape had medical examinations and available forms and were analysed, which was at least 85% of the proportion of the sample having a medical examination. We present logistic regression models of the association between whether a trial started and whether the accused was found guilty and the medico-legal findings for adult and child rapes. Half the suspects were arrested (n = 771, 14% (209 of cases went to trial, and in 3% (31 of adults and 7% (44 of children there was a conviction. A report on DNA was available in 1.4% (22 of cases, but the presence or absence of injuries were documented in all cases. Documented injuries were not associated with arrest, but they were associated with children's cases (but not adult's going to trial (adjusted odds ratio [AOR] for having genital and nongenital injuries 5.83, 95% confidence interval [CI] 1.87-18.13, p = 0.003. In adult cases a conviction was more likely if there were documented injuries, whether nongenital injuries alone AOR 6.25 (95% CI 1.14-34.3, p = 0

  4. Direct: Ontology based discovery of responsibility and causality in legal case descriptions

    NARCIS (Netherlands)

    Breuker, J.A.P.J.; Hoekstra, R.J.; Gordon, T.

    2004-01-01

    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

  5. Medico-legal aspects of altered sensation following endodontic treatment: a retrospective case series

    DEFF Research Database (Denmark)

    Givol, Navot; Rosen, Eyal; Bjørndal, Lars

    2011-01-01

    The objective of this study was to analyze cases of liability claims related to persistent altered sensation following endodontic treatments so as to characterize the medico-legal aspects of this complication.......The objective of this study was to analyze cases of liability claims related to persistent altered sensation following endodontic treatments so as to characterize the medico-legal aspects of this complication....

  6. Probability sampling in legal cases: Kansas cellphone users

    Science.gov (United States)

    Kadane, Joseph B.

    2012-10-01

    Probability sampling is a standard statistical technique. This article introduces the basic ideas of probability sampling, and shows in detail how probability sampling was used in a particular legal case.

  7. THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

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    Oleksii Drozd

    2017-12-01

    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

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

    Science.gov (United States)

    Larsen, Ann-Claire

    2012-12-01

    Community palliative care nurses in Perth have joined the throng of healthcare workers relying on personal digital assistants (PDAs) to store, access and send client information in 'real time'. This paper is guided by Heidegger's approach to technologies and Habermas' insights into the role of law in administering social welfare programs to reveal how new ethical and legal understandings regarding patient information add to nursing's professional responsibilities. This qualitative research interprets data from interviews with twenty community palliative care nurses about clients' legal rights to informational privacy and confidentiality. It explores nurses' views of their nursing responsibilities regarding clients' legal rights, liability issues, bureaucratic monitoring and enforcement procedures. It concludes that nurses and clients are construed as legal subjects entrenched in legal relations that have magnified since these nurses began using PDAs in 2005/2006. © 2011 Blackwell Publishing Ltd.

  9. On the brink: how business owners experience business-related and other legal problems

    OpenAIRE

    Balmer, N. J.; Pleasence, P.

    2017-01-01

    New analysis of LAW Survey data has identified three distinct groups among business owners according to their likelihood of experiencing business-related and other types of legal problems ‒ ‘normal’, ‘highly elevated’ and ‘extreme’. As is the case with individuals, a relatively small proportion of business owners account for the bulk of problems. Targeted legal assistance services are needed for this group.

  10. Consumer-related Legal Aspects of the Infromation Society

    DEFF Research Database (Denmark)

    Falch, Morten; Henten, Anders; Skouby, Knud Erik

    1998-01-01

    The general legal framework covering economic transactions has been created long before the creation of electronic commerce. Therefore most regulation more or less explicitly assumes that goods have a physical appearance and that all contractual issues are settled either orally or by use of paper...... into this new situation. This creates a number of legal and regulatory problems, which - if not resolved - may restrict further growth of electronic commerce. This paper deals with the consumer related aspects of this regulatory challenge....

  11. Number of addictive substances used related to increased risk of unnatural death: A combined medico-legal and case-record study

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    Lindgren Anna

    2009-08-01

    Full Text Available Abstract Background Substance use disorders have repeatedly been found to lead to premature death, i.e. drug-related death by disease, fatal intoxications, or trauma (accidents, suicide, undetermined suicide, and homicide. The present study examined the relationship between multi-drug substance use and natural and unnatural death. Methods All consecutive, autopsied patients who had been in contact with the Addiction Centre in Malmö University Hospital from 1993 to 1997 inclusive were investigated. Drug abuse was investigated blindly in the case records and related to the cause of death in 387 subjects. Results Every substance apart from alcohol used previously in life added to the risk of unnatural death in a linear way. There were independent increased risks of fatal heroin overdoses or undetermined suicide. Death by suicide and violent death were unrelated to additional abuse. Conclusion The number of drugs used was related to an increased risk of unnatural death by undetermined suicide (mainly fatal intoxications and heroin overdose.

  12. Predictors of Legal Intervention in Child Maltreatment Cases.

    Science.gov (United States)

    Tjaden, Patricia G.; Thoennes, Nancy

    1992-01-01

    Analysis of records of dependency and criminal filings in 833 substantiated intrafamilial child abuse and neglect cases in 3 U.S. cities indicated that legal intervention was rare, with dependency filings and prosecutions in just 21% and 4% of the sample, respectively, although treatment plans and out-of-home placements occurred more frequently.…

  13. Tax Havens within Legal Boundaries. Older and Newer Cases

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    Anda Simona Rădulescu

    2017-06-01

    Full Text Available Tax havens, where many businesspeople, including the Romanians, keep the businesses to pay less taxes, but also away from the authorities and the media have become the subject of journalistic and legal investigations worldwide (see the case of Panama Papers . In this paper we reveal some form of offshore fraud known more or less recent and famous.

  14. The Terri Schiavo case: legal, ethical, and medical perspectives.

    Science.gov (United States)

    Perry, Joshua E; Churchill, Larry R; Kirshner, Howard S

    2005-11-15

    Although tragic, the plight of Terri Schiavo provides a valuable case study. The conflicts and misunderstandings surrounding her situation offer important lessons in medicine, law, and ethics. Despite media saturation and intense public interest, widespread confusion lingers regarding the diagnosis of persistent vegetative state, the judicial processes involved, and the appropriateness of the ethical framework used by those entrusted with Terri Schiavo's care. First, the authors review the current medical understanding of persistent vegetative state, including the requirements for patient examination, the differential diagnosis, and the practice guidelines of the American Academy of Neurology regarding artificial nutrition and hydration for patients with this diagnosis. Second, they examine the legal history, including the 2000 trial, the 2002 evidentiary hearing, and the subsequent appeals. The authors argue that the law did not fail Terri Schiavo, but produced the highest-quality evidence and provided the most judicial review of any end-of-life guardianship case in U.S. history. Third, they review alternative ethical frameworks for understanding the Terri Schiavo case and contend that the principle of respect for autonomy is paramount in this case and in similar cases. Far from being unusual, the manner in which Terri Schiavo's case was reviewed and the basis for the decision reflect a broad medical, legal, and ethical consensus. Greater clarity regarding the persistent vegetative state, less apprehension of the presumed mysteries of legal proceedings, and greater appreciation of the ethical principles at work are the chief benefits obtained from studying this provocative case.

  15. Legal approaches to transboundary pollution - relating to nuclear activities

    International Nuclear Information System (INIS)

    Hintsteiner, G.

    2000-05-01

    This work examines the legal approaches to pollution in a transboundary context. Particular consideration is given to transboundary pollution that is related to the use of nuclear energy for peaceful purposes. Since I have chosen to approach the very topic not so much in the hope of finding a single and unequivocal answer but rather by building a circumstantial case, the present work naturally relies to a great extent on decisions of international courts and tribunals, as well as on principles and rules stemming from international law in general. The international norm that basically guides the topic is the prohibition of transboundary pollution, or, expressed as a positive duty, i.e. the obligation to prevent transboundary harm, which has found expression in Principle 21 of the Stockholm Declaration on the Human Environment. The very obligation is relevant from the perspective of prevention of environmental harm, as well as reparation when harm has actually occurred. One of the primary issues of this work accordingly relates to the obligation's preventive function, thus its extent, meaning and scope are examined, and in particular its approach to transboundary risk-creation. In the overall context of transboundary pollution the principle of the sovereign equality of states and other basic rules that directly emanate from it are of continuos importance. This work is further strongly impacted by notions of equity together with the establishment of a balancing of interests test which application merits special consideration in cases where a conflict between two states cannot be solved by mere reliance on their sovereign rights. Rules relating to the prevention of environmental harm, now increasingly guided by the Precautionary Principle, are also relevant under the law of state responsibility for wrongful acts and in the context of defining obligations erga omnes. (author)

  16. Legalization of prostitution and decriminalization of related activities in Ukraine

    Directory of Open Access Journals (Sweden)

    Олександр Едуардович Радутний

    2016-06-01

    Full Text Available The paper discusses pros and cons of the legalization of prostitution and decriminalization of related activities, proves the necessity of resolving the issue from the perspective of human rights and interests of society, proposes changes to the current legislation of Ukraine and specific methods of information support of this process.

  17. Legalization of prostitution and decriminalization of related activities in Ukraine

    OpenAIRE

    Олександр Едуардович Радутний

    2016-01-01

    The paper discusses pros and cons of the legalization of prostitution and decriminalization of related activities, proves the necessity of resolving the issue from the perspective of human rights and interests of society, proposes changes to the current legislation of Ukraine and specific methods of information support of this process.

  18. Case Law: - Canada: Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010); - Czech Republic: Supreme Administrative Court on the legal status of CEZ (2010)

    International Nuclear Information System (INIS)

    Anon.

    2010-01-01

    Case law 1: Canada - Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010). This case concerns a recent, successful prosecution that was undertaken before the Ontario Court of Justice relating to violations of export control legislation in Canada, nuclear regulatory legislation, customs law, criminal law, as well as Canadian law implementing UN Security Council resolutions concerning Iran. The convictions that have been registered in this case, notwithstanding the fact that the decision is currently under appeal,2 demonstrate the importance of a functioning export control regime and effective counter-proliferation strategy. The case represents the first conviction for a regulatory offense under the Nuclear Safety and Control Act,3 in force since 2000, and Mr. Yadegari is the first Canadian to be convicted under the United Nations Act, Canada's legislation by which it implements UN resolutions. Case law 2: Czech Republic - Supreme Administrative Court on the legal status of CEZ (2010). The Supreme Administrative Court in its decision of 6 October 20098 ruled on whether CEZ, a.s., which is the operator of nuclear installations at the Temelin and Dukovany sites in the Czech Republic, is governed by the Act on Free Access to Information. The court stated that the rules laid down in the Act on Free Access to Information, also apply to CEZ which is considered as a 'public institution'. The following reasons led the court to this interpretation: first, CEZ was established by decision of the state in the course of the privatisation process. Secondly, the company is effectively controlled by the state, which is still its majority owner and the profits of the company also compose a portion of state budget revenues. Finally, there is a public interest served in the function of the company

  19. Legal issues related to adolescent pregnancy: current concepts.

    Science.gov (United States)

    Rhodes, A M

    1986-09-01

    Adolescent pregnancies have risen in recent years. Options open to the pregnant adolescent are: terminating the pregnancy; giving birth to the child out of wedlock; keeping the baby; giving the baby up for adoption; and marriage before or after the birth of the baby. Each of these options carries certain legal ramifications, since the adolescent patients have not reached the age of majority. The state or the parents usually assume the role of decision making on behalf of the adolescent or assist in the decision making process. Court rulings since the early seventies have legalized abortion and enlarged the rights of minors seeking termination of their pregnancies. Both parents and minors have rights under the certain state laws; parent have the right to notification, minors have the right to privacy. Keeping the child, out of wedlock, might result in legal battles over custody and/or establishing financial support from the father. Some adolescent mothers give up their children for adoption. There are 2 legal procedures that have to be accomplished before a child can be adopted: termination of the rights of the natural parents and adoption proceedings. If the parents marry after the birth of the child, the child is then considered legitimate and the father does not have to go through the process of adopting the child. Other issues requiring parental or individual consent include consent to treatment, contraception, or sterilization. In the case of forcible rape or incest, the physician is required to report incidents to law enforcement officials.

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

    Science.gov (United States)

    Ford, Roderick Dwayne

    2014-01-01

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

  1. Legal regulation of public relations related to the use of the Internet

    Directory of Open Access Journals (Sweden)

    О. Ю. Битяк

    2015-05-01

    Full Text Available Problem setting. Using Internet technologies is essential to the functioning of public institutions and the economy, public policy in conditions of world globalization. Continues to be problematic issue of protecting the rights and interests of individuals and businesses in the Internet. The issue of legal regulation of social relations associated with the use interenet technology is also controversial in terms of academics conceptually – appropriate or not regulation of such relationship, what is the relationship that their essence and that their contents. Recent research and publications analysis. Known for lawyers is to look at the relationship as a product of interaction between people and all kinds and forms relationships arising and function in society is public, aimed at meeting the needs and interests of individuals or their associations. However, the relationship between certain subjects arise and only in such circumstances may use legal mechanisms for the settlement of constitutional, civil, administrative, economic, legal and other relations. In all cases of this relationship is at least two parties, the two entities for the right (law does not matter in which organizational and legal state, they are relative to each other. It is important that they enter into relationships with each other, and these relations can settle right. Participants Internet relationship certainly serve certain organizations and individuals, but they are not identified as personalities. Each participant may make Internet network any information, preferably only that it did not cause harm to others. Unfortunately this is not always the case. On the Internet you can find data relating to individuals, the way is not always true, but set them Distributor virtually impossible. In the Internet greatly increased the number of entities that use of the Internet in various fields - social, economic, political, cultural, religious, gender, etc. In this regard, we can

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

    Science.gov (United States)

    Hyland, Aine; Kilcommins, Shane

    2009-01-01

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

  3. [Possible relation between clinical guidelines and legal standard of medicine].

    Science.gov (United States)

    Furukawa, Toshiharu; Kitagawa, Yuko

    2010-10-01

    Legal standard of medicine is not equal across the all kinds of medical institutions. Each medical institution is required its respective standard of medicine in which its doctors are expected to have studied medical informations, which have been spread among medical institutions with similar characteristics. Therefore, in principle, clinical guidelines for the treatment of a disease formed by public committees do not directly become the medical standards of respective disease treatment. However, doctors would be legally required to practice medicine with reference to the clinical guidelines because medical informations, mediated by internet or many kinds of media, have been spread very fast to all medical institutions these days. Moreover, doctors would be required to inform their patients of non-standardized new treatments, even if such treatments are not listed in clinical guidelines in case patients have special concern about new treat-

  4. Legal responsibility in case of a nuclear accident

    International Nuclear Information System (INIS)

    Nabhane, M. F.

    1988-01-01

    Numerous laws have been elaborated in order to determine the legal responsibility in case of a nuclear accident. These laws were made necessary because of intervention of the factor 'error' in the nuclear accident. The legal definition of 'error' assumes that it results from non-respect or negligence of established norms on the part of the persons who manipulate the instruments of radioactive production. Nuclear research should not be undertaken in a country without the formal engagement of the central authorities to take the necessary dispositions to ensure the security and safety of the populations and their possessions. The world community should not admit a scientific activity in the nuclear field in the absence of guarantees for the safety and the security of man. The state that permits the production of nuclear energy is legally responsible for any failure that might result in radioactive spills. Considering the possibility of error and the dangers attached to the manipulation of radioactive material, the legislators have elaborated a series of laws, which take into consideration two principles: a)The inalienable right of man to life as conceived in the monotheistic religions and proclaimed by positive law; and b)The responsibility of the state for the safety and security of its citizens. Of course, error is human; but if man may make an error of judgement in ordinary normal life, he does not have the right to make the least miscalculation when this might lead to a nuclear disaster. (author)

  5. [Current issues in legal cases of compensation for healthcare malpractice].

    Science.gov (United States)

    Heiner, Tamás; Barzó, Tímea

    2014-09-21

    dogmatic and practical problems related to this topic. Another important area of current analysis is the institution of injury fees, which replaced the reimbursement of non-pecuniary damages. The mere fact of infringement allows setting injury fees. Taking into consideration the current resources in staff and equipment available in healthcare, this regulation may promote claims for injury fees impartial. Consequently, courts will have to apply other criteria when judgment in 'trivial cases', which might not require legal assessment, is delivered.

  6. The Work Performed within Special Legal Labour Relations

    Directory of Open Access Journals (Sweden)

    Radu Răzvan Popescu

    2016-05-01

    Full Text Available Objectives The employment relationship is a contractual one and as such must have all the basic elements of an enforceable contract to make it legally binding. In strict contractual terms, the offer is made by the employer and formally accepted by the employee. Prior Work Once the acceptance has taken place, there is a legally binding agreement and an action will lie against the party who breaches that agreement, even though it may only just have come into existence. Results An employment contract, however, is unlike most other contracts. Although the parties will have negotiated the main terms, we shall see that a large number of terms will be implied into the agreement from all sorts of different sources and will not have been individually negotiated by the parties at all. This is what makes an employment contr act so different from other contracts. Value We think this article is an important step in the disclosure of the problem eraised by this types of labour performed in different legal labour relations.

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

    Science.gov (United States)

    Biermann, E

    1994-11-01

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

  8. Legal Elements For Nuclear Security: Egyptian Nuclear Law As A Case Study

    International Nuclear Information System (INIS)

    Ali, A.M.

    2013-01-01

    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.

  9. Legal issues relating to the Ontario FIT contract - An update

    International Nuclear Information System (INIS)

    Weizman, Michael

    2011-01-01

    The paper discusses the legal issues related to the Ontario FIT contract, which includes the FIT waiver agreement, WTO challenge, FIT extension, political risk assessment and issues related to unforeseen events beyond human control (force majeure). The risk of termination of the FIT waiver is omitted for convenience by OPA but timing implications relating to the FIT waiver are included. The binding agreement for supply of generating equipment is also presented and the term sheet for turbine equipment and bill of purchase being understood as binding agreements is questioned. Political risks relate to existing contracts, lawsuit risks and changes to the REA process. Change in government and the implications of minority government can be added to the political risks. A successful WTO challenge has been assumed and the possible implications are discussed. Some of them include risk to FIT contracts already issued; changes in DC requirements and in FIT contract pricing and re-pricing of construction and turbine equipment supply contracts if DC requirements are relaxed.

  10. LEGAL ISSUES RELATED TO THE SHARIAH ADVISORY COUNCIL IN MALAYSIA

    Directory of Open Access Journals (Sweden)

    Norhashimah Mohd Yasin

    2013-08-01

    Full Text Available Malaysia has always aspired to be the hub for Islamic banking and finance. Various measures have been, and are being, carried out to promote Malaysia as an international Islamic banking and financial centre. As the backbone for this, the national Shariah Advisory Council (SAC has been established under the auspices of the Central Bank of Malaysia Act 1958 (CBMA. Under the CBMA, the SAC has been conferred a statutory function as the authority for the ascertainment of Islamic law for the purposes of Islamic banking, as well as business and other types of Islamic financial businesses. In 2009, the CBMA 1958 was replaced and repealed. With the coming into force of the CBMA 2009, the role and functions of the SAC was reinforced and upgraded in terms of appointments of members and, most importantly, that the Shariah rulings pursuant to any reference made to the SAC by the Civil court or arbitrator concerning Shariah matters shall be binding on the Islamic financial institutions as well as on the court and any arbitrator. The issue of whether or not the SAC is the final arbiter on Islamic banking and finance disputes or, in other words, there is no longer a process of judicial review where it involves Shariah matters, will be the highlight of this paper. To what extent does the post CBMA 2009 solve the binding nature of the SAC upon the Civil courts of Malaysia as its rulings and directives are only relevant to ‘Shariah’ issues? What would be the situations if the issues of the Islamic banking and finance cases are deemed not to amount to a ‘Shariah’ issue, but are purely on banking, land matters or contractual interpretations? Has there any actual legal reform been brought about by this amendment or is it merely a cosmetic changes? If the court were to be bound by the SAC rulings, does this not usurp the independence of the judiciary which is the corner stone of the principle of separation of powers between the executive, the legislature and

  11. Liability versus innovation: the legal case for regenerative medicine.

    Science.gov (United States)

    Keren-Paz, Tsachi; El Haj, Alicia J

    2014-10-01

    Medical innovation occupies a position somewhere between standard practice and clinical research, but innovation is primarily intended to benefit an individual patient where standard treatment fails. Medical innovations in the area of regenerative medicine have the potential to completely transform medical practice, but rely upon some major revision to the nature of treatments beyond drug-based therapies. There is considerable investment in scientific and clinical research, but further attention could be paid to legal barriers to medical innovation imposed by the threat of medical malpractice. We survey in this article the legal framework for making determinations of medical malpractice in general, and highlight the issues specific to innovative treatments. In essence, liability could be imposed for failing to adequately inform the patient about the innovative nature of the suggested therapy or based on the fact that the risks outweighed the benefits. As for the latter, we examine whether liability is likely to be based merely on deviating from existing practice or on an examination on the merits of the treatments' risks and benefits. The facts that some risks are unforeseeable and some benefits are external to the patient complicate negligence determinations. The first fact relates to the problem of judging adverse events in hindsight; the second, to the obligation to make decisions based on the patient's best interest and avoid conflict of interests. In addition, we evaluate the relationship between the obligations to secure the patient's informed consent and to avoid clinical negligence. We identify the need for further research to examine the significance of the putative anti-innovation bias that current liability regimen has, and to examine whether a move to strict liability might avoid such bias, while being fair to patients who contribute for the advancement of medical knowledge by participating in innovative therapies.

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

    Science.gov (United States)

    Hall, John T.; Ferguson, Rowan

    2000-01-01

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

  13. TRANSPORT CONTRACT - EXCEPTION TO THE RELATIVITY EFFECTS OF LEGAL DOCUMENT

    Directory of Open Access Journals (Sweden)

    Adriana Elena Belu

    2016-11-01

    Full Text Available The parts to the contract are the shipper freight and the carrier. But the beneficiary of the contract is the conignee, although he doesn’t take part to the signing of the contract, he is (if he is adhering to the contract acquirer of rights and obligations which result from the contract of carriage. The contract of carriage is considered an exception to the principle of relativity effects of the legal act and it is considered by some authors in the literature as a stipulation for another with certain features. Stipulation for another is the contract whereby one part (stipulate provide that the other side (promisor to give, to do or not to do something for the benefit of a third person (beneficiary who do not participate, and he doesn’t take part to the conclusion of the contract. It is considered the only real exception of the principle of relativity. Called contract for another's benefit, stipulation for another creates for the beneficiary third-part right, directly and immediately created in his benefit since the conclusion of the contract between the promisor and the stipulate. The right is created from the time of signing the contract, in the patrimony of beneficiary, regardless of beneficiary’s accepting or waivering this right.

  14. General characteristics and types of subjective duties in corporate legal relations

    OpenAIRE

    Надьон, Вікторія Валентинівна

    2017-01-01

    The processes of reforming social relations in the conditions of integration ofUkraine's economic system into the European community call for the improvement of domestic legislation in this area and the scientific substantiation of the legal problems that arise there. One of these problems is the essence of subjective responsibility in corporate legal relations.Legislative regulation of corporate legal relations takes place through the establishment of certain rights and responsibilities for ...

  15. Litigation to execution in legal labour relationships. Study case

    Directory of Open Access Journals (Sweden)

    Dragos Lucian Radulescu

    2016-06-01

    Full Text Available Enforced execution is the legal way by which the Creditor under an enforceable order protects his rights by resorting to coercive force of the state. When the Debtor does not comply voluntarily, the Creditor may appeal to the Bailiff to commence the enforced execution in all manner prescribed by law. Of course, the start of compulsory execution is limited by the conditions of admissibility imperatively specified in the law, principally the condition to exist an enforceable order owned by the Creditor. Regarding the order to be enforced, it can be represented either by an enforceable or final judgement, with provisional enforcement or any other document that can be enforced. Procedurally, the provisions of Art.712 of the Civil Procedure Code allow the introduction by a Creditor who has a litigation to execution against the execution itself, against the Closures issued by the Bailiff, and against any other act of enforcement. Jurisdiction of the Court in this matter will be of the Executor Court or the Court in whose district the Debtor is situated, on the date of the appeal. The appeal of the Debtor questions the Parties not only over the acts of execution because the appeal is also allowed over the explanations relative to the meaning, scope or application of the enforceable order, but in the conditions limited by the legal nature of this order. Thus, according to the law when enforceable order is not issued by a Court or Arbitration may be invoked before an Executor Court including reasons of fact or law which could not be discussed during an earlier trial, in the first instance or in an appeal. Basically, if enforced execution is under an enforceable order that is not from a Court, these reasons can be invoked when there is no other processual mean for its abolition. There also can be submitted a complaint against the Closure by which was upheld the appeal for an enforced execution, and the act of execution concerning the division of the

  16. Causality in criminal forensic and in civil disability cases: Legal and psychological comparison.

    Science.gov (United States)

    Young, Gerald

    2015-01-01

    Causality (or causation) is central to every legal case, yet its underlying philosophical, legal, and psychological definitions and conceptions vary. In the criminal context, it refers to establishing the responsibility of the perpetrator of the criminal act at issue in terms of the person's mental state (mens rea), and whether the insanity defense applies. In the forensic disability and related context, it refers to whether the index event is a material or contributing cause in the multifactorial array that led to the psychological condition at issue. In both the criminal and tort contexts, the legal test is a counterfactual one. For the former, it refers to whether the outcome involved would have resulted absent the act (e.g., in cases of simultaneous criminal lethal action, which one is the but-for responsible one). For the latter, it concerns whether the claimed psychological condition would be present only because of the incident at issue. The latter event at issue is distinguished from the criminal one by its negligence compared to the voluntary intent in the criminal case. The psychological state of the perpetrator of criminal conduct can be analyzed from a biopsychosocial perspective as much as the civil one. In this regard, in the civil case, such as in forensic disability and related assessments, pre-existing, precipitating, and perpetuating factors need to be considered causally, with personal and social resilience and protective factors added, as well. In the criminal context, the same biopsychosocial model applies, but with mental competence and voluntariness added as a critical factor. The advent of neurolaw has led to use of neuroscience in court, but it risks reducing the complexity of criminal cases to unifactorial, biological models. Copyright © 2015 Elsevier Ltd. All rights reserved.

  17. Legal Challenges Related to the Regulation of a Domain Name System

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2012-12-01

    Full Text Available Purpose—to review and analyse the problematic aspects related to domain name allocation and further usage processes, highlighting legal regulation of a domain name system.Design/methodology/approach—based on the comparison analysis of scientific literature, authors discuss problematic issues related to the legal regulation of domain name allocation and usage processes, analyse practical approaches and collision cases in the context of a domain name system. The authors examine the positive and negative aspects of a domain naming system and conflicting regulatory specifics. This paper describes the development of institutional bodies responsible for DNS management, supervision approaches and inner functionality policies.Findings—the authors examine domain naming system models and dispute resolution mechanisms, their evolution in the context of Internet development and the structural changes of the Internet governance institutions. The authors analyse tendencies related to DNS regulation and the possible effect of new regulation models in practice, while reflecting interests of stakeholders in the subject field.Research limitations/implications—agreements on the registration of domain names are based on self-regulation principles. A number of different interests may collide when speaking about domain name registration or usage and this issue becomes a major challenge to scientists and lawyers who are seeking an optimal domain-naming regulatory mechanism. The article does not address trademark conflicts within domain names in this respect. This should be considered as an object for separate study, which requires deeper analysis.Practical implications—the authors review key aspects of the domain name system and describe tendencies for the regulatory models.Value—the article emphasizes potential domain naming conflicts and disputes concerning the usage of common terms and phrases in order to manipulate information for illicit purposes. The

  18. Legal Challenges Related to the Regulation of a Domain Name System

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2013-02-01

    Full Text Available Purpose—to review and analyse the problematic aspects related to domain name allocation and further usage processes, highlighting legal regulation of a domain name system. Design/methodology/approach—based on the comparison analysis of scientific literature, authors discuss problematic issues related to the legal regulation of domain name allocation and usage processes, analyse practical approaches and collision cases in the context of a domain name system. The authors examine the positive and negative aspects of a domain naming system and conflicting regulatory specifics. This paper describes the development of institutional bodies responsible for DNS management, supervision approaches and inner functionality policies. Findings—the authors examine domain naming system models and dispute resolution mechanisms, their evolution in the context of Internet development and the structural changes of the Internet governance institutions. The authors analyse tendencies related to DNS regulation and the possible effect of new regulation models in practice, while reflecting interests of stakeholders in the subject field. Research limitations/implications—agreements on the registration of domain names are based on self-regulation principles. A number of different interests may collide when speaking about domain name registration or usage and this issue becomes a major challenge to scientists and lawyers who are seeking an optimal domain-naming regulatory mechanism. The article does not address trademark conflicts within domain names in this respect. This should be considered as an object for separate study, which requires deeper analysis. Practical implications—the authors review key aspects of the domain name system and describe tendencies for the regulatory models. Value—the article emphasizes potential domain naming conflicts and disputes concerning the usage of common terms and phrases in order to manipulate information for illicit purposes

  19. Legal and medical aspects of the ethics committee’s work relating to abortion

    Directory of Open Access Journals (Sweden)

    Ponjavić Zoran

    2011-01-01

    Full Text Available This paper analyses the legal and medical aspects of the work of ethics committees on abortion. According to the legislation of the Republic of Serbia, these committees are competent to determine justifiable terms for abortion after the twentieth week of the fetus. It is well known that abortion is not only a medical but a legal, ethic, social and demographic problem as well. A liberal solution in view of abortion in the first trimester has been accepted in most European countries, as by the legislature of the Republic of Serbia. Since prenatal diagnosis cannot always determine the fetus state with certainty but at times may do so at a later stage, abortion is then required when the child is already capable of extrauterine life. The necessity for performing abortion in the third trimester is thus a result of good knowledge of techno-medicine but also from the limited information it provides. In such situations, the physician needs confirmation and justification of his standpoint with respect to abortion through a legal formulation which should contain "minimum moral". Society has found a way to protect and help him through moral and ethic forms of prevention without anybody’s emotions being affected. Ethics committees should thus help the physician in view of determining the terms for performing late abortion, since the rules of doctor’s ethics are not sufficient in this case. The article especially analyses the work of the Ethics Committee of the Clinical Center in Kragujevac in the period 2000-2010. It is stated that the largest number of cases referred to determined diseases or fetus anomalies while only a negligible number (11.29% to the illness of the mother. There were no requests for abortions due to legal reasons (pregnancies from criminal offences. A significant number (40.28% of requests submitted to the Ethics Committee related to pregnancies under the 24th week of pregnancy. Since a pregnancy of 24 weeks represents a boundary

  20. Constitutionalism, pluralism and the role of human rights in shaping the relations between legal orders

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

    .” Hence, for instance, the Court of Justice of the EU has taken an active role in ensuring the effet utile of European law. This article discusses possible theoretical perspectives on the interactions between various legal orders in the international arena. The opposition between the dualist and monist......In the period since the end of the Cold War, the different layers of law in the international arena have become more interlinked and interwoven. This shift might suggest a development towards a legal “melting pot” involving an increased cross-application of judicial norms stemming from different...... legal orders. In fact, judges are more and more often faced with cases involving legal provisions that are foreign to their legal orders. Hans Kelsen pointed out that “the power of state is no mystical force concealed behind the state or its law; it is only the effectiveness of the national legal order...

  1. Women's legal knowledge: a case study of Mexican urban dwellers.

    Science.gov (United States)

    Rivera Izabal, L M

    1995-06-01

    In Mexico, the nongovernmental organization Sevisio, Desarrollo y Paz, A.C. (SEDEPAC) is helping poor women acquire legal knowledge in an economic climate characterized by the increased feminization of poverty brought about by the Structural Adjustment Program. The Mexican legal system is grounded in a patriarchal tradition, and the codified laws continue to favor men. Women were not granted full citizenship until 1953, and discrimination against women was not addressed in Mexican law until 1974 as the country prepared to host the First UN International Women's Conference. However, legal advances are not being applied in the family or in larger society where men remain in power. Mexico also distinguishes between private law and public law. Because domestic violence falls in the realm of private law, authorities are loathe to follow-up on women's complaints in this area. Since its founding in 1983, SEDEPAC has applied a gender perspective to its activities and programs. SEDEPAC held its first women's legal workshop in 1987 and realized that most poor women have no knowledge of existing laws or their rights, that alternative legal services for women are scarce, that existing laws must be changed, and that the authoritarian and conservative legal system helps maintain cultural stereotypes. Since then, SEDEPAC has held annual workshops, follow-up meetings, and training sessions and has provided counseling. The main topics addressed are women's social conditions; violence and the penal code; civil rights, power, and dependency; women's bodies and reproductive rights; and women's organization and leadership. The workshops use techniques of popular education such as group participation and use of gossip as a communication tool. The workshops have changed participants' lives and led to the formation of an independent Popular Defenders' Coordination.

  2. Contemporary Development Trends in Administrative-Legal Relations in the System of Administrative Justice

    Science.gov (United States)

    Abdikerimova, Aynur A.

    2016-01-01

    The purpose of the study is to determine the main contemporary development trends in administrative-legal relations in the field of administrative justice. In order to examine theoretical and practical issues of modern administrative justice, normative legal acts identifying the relations in the system of administrative justice in the Republic in…

  3. The Role of Generic Competence and Professional Expertise in Legal Translation. The Case of English and Polish Probate Documents

    Directory of Open Access Journals (Sweden)

    Goźdź-Roszkowski Stanisław

    2016-06-01

    Full Text Available This paper seeks to demonstrate how the concept of generic competence (primarily intended for monolingual specialized communication could be extended to address important issues in translating legal texts. First, generic competence is discussed against the backdrop of the related concept of translation competence. Then, a case study is presented which examines a closely related set of documents employed by the professional community of lawyers (represented by an English solicitor and Polish advocate engaged in the specialist domain of probate law (legal process related to the estate of a deceased person. It is argued that both generic competence and professional expertise should be included in the range of competencies required for the translator of legal texts.

  4. A Case Study of Inter-sentence Conjunctions in Chinese_English Legal Parallel Texts

    Directory of Open Access Journals (Sweden)

    Yan Xi

    2009-10-01

    Full Text Available The present study is a contrastive study of inter-sentence conjunctions in Chinese/English legal parallel texts. Conjunction is one of the five cohesive devices put forward by Halliday and Hasan (1976. Many scholars have applied their model of cohesion to the study of English and Chinese languages. As for the use of conjunction in Chinese and English, most scholars believe that there are more cases of conjunction in the English legal texts than in the Chinese ones because it is generally considered that Chinese is predominantly paratactic and English mainly hypotactic. Besides, up to now little detailed contrastive study has been done on conjunctions in Chinese/English non-literary texts. Legal language is a specialized language whose distinctive feature is the pursuit of precision. As a result of the importance attached to the letter of law and the pursuit of precision in legal texts, most studies on legal language are devoted to the characteristic features of legal language at the word and sentence level, to the exclusion of textual and pragmatic considerations. The present study will mainly look at the features of legal texts from the perspective of conjunction at the textual level and find out whether Chinese uses fewer cases of conjunction than English in legal texts. The Chinese and English legal parallel texts about arbitration rules will be used for this contrastive analysis. It is hoped that the findings of this research will test the explanatory force of hypotaxis and parataxis in the use of conjunction in legal texts and give a clearer picture of conjunction at the textual level in Chinese and English legal parallel texts, and therefore reconstruct the discourse on the Chinese language.

  5. Ad interim legal remedy in case of large projects

    International Nuclear Information System (INIS)

    Limberger, J.

    1985-01-01

    Action for ad interim judicial relief in response to large projects approved of by the authorities very frequently take several years until a decision is taken by the court. Experience has shown that this applies in particular to large projects such as the construction of nuclear power plants, large-size industrial plants, or airports. It has become regular practice by the authorities concerned to issue an order for immediate execution upon the plan approving decision and granting of licence for said projects, in accordance with section 80, sub-section (2), no.4 of the VwGO. The problems thus created with regard to interim legal remedy sought by the parties concerned are of great significance. The book in hand discusses the question as to whether the practice of the administrative authorities and the courts satisfies the requirements embodied in the law, to provide for efficient legal protection. (orig./HSCH) [de

  6. Aspectos legales relacionados con las úlceras por presión Legal aspects related to pressure ulcers

    Directory of Open Access Journals (Sweden)

    J. Javier Soldevilla Agreda

    2006-12-01

    hace años" en España. Finalmente la exposición pormenorizada y comentada de los pronunciamientos judiciales de los casos relacionados con estas lesiones de los últimos años, permiten concluir que, a pesar del creciente número de sentencias que hacen mención a las UPP, son simbólicas las que con rotundidad pronuncian como causa de éstas una deficiencia en los cuidados, negligencia o mala praxis y llama la atención las raquíticas condenas e indemnizaciones. Tal vez el mismo e histórico espíritu de devaluación de estas lesiones, presente en ámbitos profesionales y en la sociedad en general, se ha trasladado a la judicatura, especialmente de la mano de peritos y/o forenses, no alcanzando a cifrar la dimensión real del problema (pérdida de salud y calidad de vida y las fatales consecuencias de las UPP (incluida la muerte por esa causa y olvidando que son previsibles casi en la totalidad de las situaciones.Over the past few years, Spain has been experiencing a significant increase in questionable health care practices. During the long process which aims to dismiss pressure ulcer (PU as a banal, especially inevitable process due to being closely related to old age and terminal illness, it is becoming apparent that patients and their families are now reacting, complaining and suing for lack of prevention or inadequate treatment, something that has already been happening for years in other countries with similar cultural and economic characteristics. A revision on the impact and the way the pressure ulcer issue is being legally dealt with in our surrounding countries (United Kingdom, United States, Germany... from the point of view of penal law, civil law or through disciplinary procedures, has made a very noticeable difference in the way professionals, institutions and people behave with regards to this subject. With an entirely instructive purpose, the legal configuration of our country's health care practice is described, as well as the types of liability

  7. Dying to starve: A comparative analysis of legal aspects relating to ...

    African Journals Online (AJOL)

    The authors explore the legal complexities surrounding the force-feeding of anorexic patients. Due to the myriad of difficulties relating to anorexia nervosa, treatment is intricate. The aim of this exposition is to clarify legal issues of consent and self-determination, with regard to both adult and minor patients. In addition, the ...

  8. Legal instruments related to the application of safeguards

    International Nuclear Information System (INIS)

    Rockwood, Laura

    2001-01-01

    The legal framework of IAEA safeguards consists of a number of elements, not at all of which are documents. These elements include the Statute of the IAEA; treaties and supply agreements calling for verification of nonproliferation undertakings; the basic safeguards documents, the safeguards agreements themselves, along with the relevant protocols and subsidiary arrangements; and finally, the decisions, interpretations and practices of the Board of Governors. After a discussion of these elements the major differences between the various types of IAEA safeguards agreements are outlined. Finally the procedures involved in the initiation, negotiation, conclusion and amendment of safeguards agreements are described. (author)

  9. Legal instruments related to the application of safeguards

    International Nuclear Information System (INIS)

    Rames, J.

    1999-01-01

    This presentation discusses the legal framework of IAEA Safeguards which consists of a number of elements, including agreements calling for verification of nonproliferation undertakings, basic safeguards documents (INFCIRC/66/Rev.2, INFCIRC/153 (Corr..), INFCIRC/540 (Corr.), INFCIRC/9/Rev.2, GC(V)/INF/39), the safeguards agreements themselves, along with the relevant protocols and subsidiary arrangements, and finally the decisions, interpretations and practices of the Boards of Governors. Major differences between the various types of IAEA safeguards agreements are outlined. Procedures involved in the initiation, negotiation, conclusion and amendment of safeguard agreements are described

  10. Legal order and the principles of law: Case of the Republic of Slovenia

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Bojan Tičar

    2012-12-01

    Full Text Available In this article author defines law a system of rules and principles that regulate, within the boundaries of legal regularity, the vitally important external conduct and behavior of the subjects in a state-organized society. In this context he upgrades rethinking of law with definition of legal order. A legal system or legal order author see as an integrated whole of the hierarchically regulated principles of law, rules, and general legal acts which apply in a certain country, are published, and enter into effect from a certain date following adoption. In central part of the article author explains the case of legal regulation in Slovenia. He describes which legal acts are adopted in Slovenia and how is it done in the context of EU regulation. Author concludes the article with an idea that legal theoreticians have still not agreed on a uniform definition of the essence of law. Author thinks that law can be understood instrumentally. Instrumental law is a tool prescribed in advance which is composed of rules that are suitable for preventing and resolving conflicts between subjects in society.

  11. PDT: special cases in front of legal regulations

    Science.gov (United States)

    Fischer, E.; Wegner, A.; Pfeiler, T.; Mertz, M.

    2002-10-01

    Introduction: The classic indication for photodynamic therapy (PDT) in ophthalmology is currently represented by classic subfoveal choroidal neovascularisation (CNV) due to age-related macular degeneration (AMD). PDT is a method, which almost selectively causes endothelial damage in neovascular lesions, followed by vascular occlusion and involution of the CNV. The mechanistic aspect suggests that non AMD-related choroidal neovascularisations might also benefit from PDT. PDT in AMD: Within the German health system, PDT indications follow the criteria based on the inclusion criteria of the TAP studies. For instance the CNV should be predominantly classic and located under the center of the foveal avascular zone. In the diagnosis and follow-up of exudative AMD, visual acuity measurements and fluorescein angiography are the established parameters. Retinal thickness analyzer (RTA) measurements might give further information. Before PDT, they show a significant retinal thickening due to intra- and subretinal exudation. Following PDT, early RTA follow-ups show a clear decrease in retinal thickening accompanies by increasing or stable acuity. PDT in CNV of other origins than AMD: New studies support a new spectrum of indications for PDT, hopefully leading to general cost reimbursement for patients. PDT should be viewed as a general method for vascular occlusion and does not represent a causal therapy for progressive exudative AMD. We present patients with CNV due to pathologic myopia, angioid streaks and POHS. Conclusion: The selective vascular occlusion caused by PDT, besides CNV associated with AMD and pathologic myopia, may also allow the treatment of choroidal neovascularisations based on other entities. Careful individual evaluation of those cases is recommended. Despite this wide array of possible indications, cost reimbursement has been limited to classic subfoveal CNV in AMD, although single case reimbursements in choroidal neovascular lesions due to pathologic

  12. National legal system in relation to vulnerable population groups

    Directory of Open Access Journals (Sweden)

    Sjeničić Marta

    2015-01-01

    Full Text Available Vulnerable social groups can be recognized in everyday life, and local legal regulations identify them as well. Strategies and laws clearly identify the increased needs of vulnerable groups. Local legislation, for example, observes comparative law trends and attempts to prevent discrimination of persons with disabilities, emphasizes their human rights and creates the legal framework for taking these persons out of the institutional form of protection and including them into the community. In Serbia however, strategies and laws, as well as by-laws, are written in sectors, and not in cross-sectors manner. Proper caring for persons with disabilities, including persons with mental disabilities, requires an integral approach, namely a mutual approach of the social, health, educational and other sectors. True enough, local regulations stress the need for an intersectional approach, but such an approach is scantily applied in practice, so the comprehensive care that would satisfy the multiple needs of persons with mental disabilities often turns out to be less than expected in the community. Pursuant to national laws and basic ethic principals, all citizens of the Republic of Serbia have the right to health protection without discrimination. Therefore, methods for using health protection, easier than the existing ones, should be found for certain vulnerable groups, depending on their characteristics, and so for the Roma as well, and bearing in mind that systemic health regulations in Serbia open the door to special treatment of these groups. The inaccessible approach to health care of the Roma population persists primarily due to insufficient basic health documentation and basic personal documentation. Personal documents are linked with the registered place of residence, which the Roma, largely do not have. The problem is thus on a wider scale and is not only focused on the health sector. As such, it requires a wider, intersectional approach and a

  13. Adoption of Sustainable Practices And Certification ISO 14001: A Case Study in a Law and Legal Advice Firm

    Directory of Open Access Journals (Sweden)

    Letícia Eugênia Arenhart

    2013-12-01

    Full Text Available This article seeks to analyze how the company X Advocacy and Legal Consultancy can implant sustainable and quality practices to obtain the environmental certification ISO 14001. To achieve the objective, a qualitative and quantitative approach study was conducted. Regarding procedures, it consisted in a case study with a descriptive focus. From observation of the reality of X Advocacy and Legal Consultancy and its claims in relation to obtaining ISO 14001 certification, it is possible to propose as solution the implementation of a number of initiatives and sustainability actions in three pillars – social, environmental and economic. Suggestions were also developed about the dimensions of quality in order to formulate the basis for X Advocacy and Legal Consultancy environmental policy and possible implementation of ISO 14,001. 

  14. Incidence of legal blindness from age-related macular degeneration in denmark: year 2000 to 2010

    DEFF Research Database (Denmark)

    Bloch, Sara Brandi; Larsen, Michael; Munch, Inger Christine

    2012-01-01

    To report incidence rates of legal blindness from age-related macular degeneration (AMD) and other causes in Denmark from years 2000 to 2010 in the age group at risk of AMD aged 50 years and older.......To report incidence rates of legal blindness from age-related macular degeneration (AMD) and other causes in Denmark from years 2000 to 2010 in the age group at risk of AMD aged 50 years and older....

  15. [Uterine subrogation: medical and legal aspects of the first legally supported case in Argentina].

    Science.gov (United States)

    Urquiza, M Fernanda; Carretero, Inés; Quaini, Fabiana Marcela; Inciarte, Florencia; Pasqualini, R Agustín; Pasqualini, R Sergio

    2014-01-01

    A woman aged 38 was referred to this center for surrogacy treatment, after subtotal ablation of her uterus due to a severe postpartum hemorrhage. Her hormonal profiles and ovarian structure were normal. The husband proved fertile and semen analysis was normal. The carrier, a woman 39 years old, fertile with two children of her own, and a long bonding friendship with the patient. After hormonal stimulation with gonadotropins and GnRH antagonist, six mature oocytes were obtained. These originated four embryos after in vitro fertilization, three of which were transferred to the carrier, achieving a singleton pregnancy which led to the birth of a normal child, now more than a year old. A lawsuit was filed after birth requesting the baby be registered with the biological parents name. The judge granted the request based on evidence and testimonies provided, international jurisprudence history and specification in Article 19 of the Argentine Constitution: "No inhabitant of the Nation shall be obliged to do what the law does not demand .nor be deprived of what it does not prohibit". This is an almost ideal example of the proceedings in a case of subrogation. However, we must always bear in mind the fact that in our country there is as yet no regulatory framework for these treatments, therefore there is a high probability of conflict.

  16. Economic consequences of legal and illegal drugs: The case of social costs in Belgium.

    Science.gov (United States)

    Lievens, Delfine; Vander Laenen, Freya; Verhaeghe, Nick; Putman, Koen; Pauwels, Lieven; Hardyns, Wim; Annemans, Lieven

    2017-06-01

    Legal and illegal drugs impose a considerable burden to the individual and to society. The misuse of addictive substances results in healthcare and law enforcement costs, loss of productivity and reduced quality of life. A social cost study was conducted to estimate the substance-attributable costs of alcohol, tobacco, illegal drugs and psychoactive medication to Belgian society in 2012. The cost-of-illness framework with prevalence-based and human capital approach was applied. Three cost components were considered: direct, indirect and intangible costs related to substance misuse. The direct and indirect cost of addictive substances was estimated at 4.6 billion euros in Belgium (419 euros per capita or 1.19% of the GDP) and more than 515,000 healthy years are lost due to substance misuse. The Belgian social cost study reaffirms that alcohol and tobacco impose the highest cost to society compared to illegal drugs. Health problems are the main driver of the social cost of legal drugs. Law enforcement expenditure exceed the healthcare costs but only in the case of illegal drugs. Estimating social costs of addictive substances is complex because it is difficult to determine to what extent the societal harm is caused by substances. It can be argued that social cost studies take only a 'snapshot' of the monetary consequences of substance misuse. Nevertheless, the current study offers the most comprehensive analysis thus far of the social costs of substance misuse in Belgium. Copyright © 2017 Elsevier B.V. All rights reserved.

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

    Science.gov (United States)

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

    2018-05-01

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

  18. Imaging characteristics in legally founded cases of assaultive child abuse

    International Nuclear Information System (INIS)

    Lin-Dyken, D.; Smith, W.L.; Alexander, R.

    1990-01-01

    This paper reports on this study performed to document the imaging findings associated with assaultive child abuse as confirmed by an independent criterion. At least one of the authors acted as a consultant in 105 alleged cases of child abuse owing to physical assault between 1987 and 1989. Seventy-six cases were founded by the Department of Human Services. 57/76 of founded cases had fractures. Most commonly only one fracture was noted (32 cases), but up to seven fractures were present in a patient. The tibia was the most commonly fractured bone (23 cases) followed in frequency by the femur (22), skull (15), and humerus (14). Multiple rib fractures were seen in 10 cases

  19. Discrimination of legal entities: Phenomenological characteristics and legal protection

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

    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.

  20. Legal Frontiers in the Global Dissemination of Technology and Knowledge: Three Case Studies

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2008-01-01

    This article explores a few alternatives to the traditional legal and economic theories regarding the problem of global dissemination of knowledge and technology to developing countries. In particular, it examines three cases in which the classical notion of intellectual property rights seems...... to have been exploited in favor of developing countries, both through its conventional application and through more flexible views of such legal institution. The first case deals with the phenomenon of peer production through electronic networks; the second discusses the regulation of trademarks...... in the context of collective rights; and finally, the third case tackles the recent problem of the so-called "abandonwares" and its implications of economic and legal nature....

  1. Legal aspects relating to the captation and exploitation of groundwater in Spain; Aspectos legales a considerar en las obras de ejecuion, instalacion y puesta en servicio de las captaciones de agua subterranea en Espana

    Energy Technology Data Exchange (ETDEWEB)

    Garcia Ruiz, T.

    2007-07-01

    The legal aspects relating to the captation and exploitation of groundwater in Spain are very broad and are contained in a large number of provisions, which in many cases are presented in a piece-meal fashion, making it difficult its interpretation. In most cases, is the experience of professionals working in the area which is used to be knowing and synthesizing all the legal nuances, since often the own competent administrations have a biased approach of the law. This article presents a compendium of the main laws that affect the captation and exploitation of ground-water in Spain. (Author)

  2. Medico-legal analysis of a case of mass shooting.

    Science.gov (United States)

    Kuruc, R; Šidlo, J; Zummerová, A; Šikuta, J; Baloghová, A

    Despite the existence of organised crime in Slovakia, no case has ever been monitored in which one individual used a firearm against several people, as happens in the U.S. or in Western Europe. The aim of this work is to demonstrate a "unique" case in the history of Slovak criminality, when six members of one family were killed and some other accidental victims were wounded or even killed by one perpetrator using a firearm.

  3. [Histopathological analysis of organs submitted by legal medicine experts in Baojii City: 358 forensic identification cases].

    Science.gov (United States)

    Dong, Du-xuan; Shi, Ping-xia; Li, Yun-li; Tian, San-hu; Yang, Jia; Gao, Gang; Zheng, Yun; Jia, Le; Ju, Hong-ya; Sun, Lu-ying; Chen, Ni; Wang, Xiao-bao

    2014-08-01

    To analyze pathological characteristics of organs recovered during forensic autopsy submitted by legal medicine experts. From Baoji city, 358 cases of forensic autopsy specimens from a series of routine exams were collected. And histopathological diagnoses were reviewed. Majority of the 358 cases were young men. The major causes of death were trauma, sudden death and poisoning. The cause of death was determined with histology in 250 cases. No typical histological changes were noted in 101 cases. The tissue autolysis and decomposition were present in 7 cases. The major pathological diagnosis was cardiovascular disease, followed by diseases in respiratory, nervous, and digestive systems. Forensic autopsy with its professional characteristics, is different from regular autopsy. When diagnosing cause of death by histopathological examination, pathologists should collaborate with legal medicine experts to know the details of the cases, circumstances surrounding the death, and specific forensic pathological characteristics.

  4. Defendant’s free will in legal collaboration and its relation with pre-trial detention

    Directory of Open Access Journals (Sweden)

    Antonio Henrique Graciano Suxberger

    2017-03-01

    Full Text Available The legal collaboration, a type of evidence used on organized crime prosecutions, demands free will of the defendant. Appraising the defendant’s free will, many critics cover the deals made with an arrested defendant during the negotiation of the legal collaboration. These two institutes — legal collaboration and pre-trial detention —, although they do not present themselves as a cause-effect relation, commonly are approached in practice as associated. This essay intends to evaluate the defendant’s free will during pre-trial detention and the legal collaboration’s bargaining. It asserts a strict and clear relation between pre-trial detention and the legal collaboration bargaining. Identifying occasional problems do not imply the conclusion on the existence of a structural problem to legal collaboration institute. This consideration is relevant to avoid superficial solutions that could fragilize even more the held defendant. Methodologically, from a literature review and document analysis about the subject, the paper clarifies what is a “criminal case” and what it means to the study.

  5. U.S. Case Law and Legal Precedent Affirming the Due Process Rights of Immigrants Fleeing Persecution.

    Science.gov (United States)

    Sidhu, Shawn S; Boodoo, Ramnarine

    2017-09-01

    The political discourse on domestic immigration policy has shifted rapidly in recent years, mirrored by similar shifts in the geopolitical climate worldwide. However, a nuanced assessment of the legal basis backing such rhetoric is sorely lacking. This article examines the historical, legal, and case law precedent as it pertains specifically to immigrants who are fleeing persecution and residing within the United States. Due process rights emerged from the Fifth, Sixth, and Fourteenth Constitutional Amendments and have been expanded to include this population through several sequential United States Supreme Court Cases. We review the 1951 Convention Related to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees and examine subsequent case law and legal precedent. We then present evidence documenting widespread violations of due process rights for immigrants fleeing persecution. Specifically, we address the right to a fair hearing for individuals fearing for their lives upon return to their home country, the right against wrongful detainment, and the right to apply for asylum regardless of religion or country of origin. We conclude by addressing potential counterarguments to our thesis, future directions, and the role of forensic psychiatrists. © 2017 American Academy of Psychiatry and the Law.

  6. Modelling Legal Argument: Reasoning with Cases and Hypotheticals

    Science.gov (United States)

    1988-02-01

    case- based reasoning plays an important role in such diverse domains as law [Levi, 1949), historical political analysis [Neustadt and May, 1986; Alker...contained information on physical, economic and political disputes and common mediation 5 tactics, their failures and corrections for those failures...library of 13 Wall Street. He had opera tickets in his pocket for 8:00 that night - "Pagliacci" - and his socialite fiance and her parents were to

  7. Can legal research benefit from evaluation studies?

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2011-01-01

    Full Text Available The article describes what evaluation studies have to offer to legal research. Several cases and types of evaluations are presented, in relation to legal or semi-legal questions. Also, a short overview of the contemporary history of evaluation studies is presented. Finally, it will address the question of how to ensure that in legal research and in legal training attention is paid to theories, designs and methods of evaluation studies.

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

    Science.gov (United States)

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

    2014-09-01

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

  9. Coronary atherosclerosis in medico-legal autopsy cases

    Directory of Open Access Journals (Sweden)

    VN Prasad

    2014-09-01

    Full Text Available Background: Coronary atherosclerosis is the major cause of death worldwide. Lifestyle and habits are the major contributory factor in the development of coronary atherosclerosis. Materials and Methods: This is an autopsy-based study in which 45 autopsy cases were randomly selected for study. Proximal one third of all three epicardial coronary arteries (LAD, LCX and RCA were dissected out for study and serial sections were made and stained with H&E method and under the light microscope. Atherosclerosis was graded according to American heart association classification. The risk factors (cigarette smoking, hypertension, diabetes, alcohol consumption, age, sex were also correlated with the grade of atherosclerosis. Results: Seventy-Eight percent of American Heart Association classification grade V lesions were seen in > 70 yrs of age. Almost all cases of > 70 yrs of age had American Heart Association classification grade > IV lesions. Out of all grade IV lesions, 88.9% was seen in male while only 11.1% in female. Similarly out of all grade V lesions, 77.8% was seen in male while 22.2% in female. LAD showed maximum involvement by higher grade lesion, followed by LCX and RCA. American Heart Association classification grade > IV in LAD, LCX and RCA was seen in 25(55.6%, 5(11.1%, and 3(6.7% cases respectively. Conclusion: Higher grade lesion occurs in advancing age. Various cardiovascular risk factors were significantly associated with higher grade of lesions. The multiple risk factors had a synergistic effect on the progression of coronary atherosclerosis. DOI: http://dx.doi.org/10.3126/jpn.v4i8.11492 Journal of Pathology of Nepal; Vol.4,No8(2014 607-611

  10. THE LEGAL PROTECTION FOR REAL LAND RIGHT HOLDER IN CASE OF FORGED RINCIK

    Directory of Open Access Journals (Sweden)

    Nirwana Nirwana

    2017-12-01

    Full Text Available The legal Protection For Real Land Right Holder in Case of Forged Rincik. The research aimed to investigate (1 the legal protection for the land owner whose possession was based on rincik evidence, and (2 the legal protection on the good-will buyer based on the forged rincik document used in the land sale transaction. This was the normative legal research, also called the library research or documentary study because the research was only conducted on the written regulations or other legal materials or secondary data consisting of the primary and secondary legal materials. The interview was performed to strengthen the theories and opinions in the research. The research also used the Secondary data. the data were analysed and presented using the qualitative descriptive method. The research result indicate that: (1 the real land owner with rincik possession issued after the year 1960 based on the decision of Indonesian Supreme Court No. 560K / PID / 2008 has not been fully protected due to the fact that the seller is funished for forging the rincik., returning the right to the land owner can not be carried out due to the decision of Indonesian Supreme Court Number. 482 / PK / Pdt / 2014 which make the buyer win, while the real land owner is the directed to sue the land seller to give the compensation: and (2 the legal protection on the good faith buyer based on forget rincik in the land sale transaction has been fully protected and has the ringt to possess the land based on the decision of Indonesian Supreme Court Number. 482/PK/Pdt/2014 because the buyer has bought the land in the presence of Temporary Land Title Registar.

  11. A Corpus-Based Discourse Information Analysis of Chinese EFL Learners' Autonomy in Legal Case Brief Writing

    Science.gov (United States)

    Chen, Jinshi

    2017-01-01

    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…

  12. ILLEGAL ACTS - CONDITION OF LIABILITY FOR DAMAGES CAUSED IN EXERCISING LEGAL LABOR RELATIONS

    Directory of Open Access Journals (Sweden)

    Ştefania-Alina Dumitrache

    2014-11-01

    Full Text Available According to article 253 and 254 of Labor Code, both employers and employees are responsible under the rules and principles of contractual liability for damages to the other party of legal labor relationship and we emphasize that this is not purely civil liability, but a variety of it, determined by the specific peculiarities of legal labor relations. Thus, we highlight that labor law provisions which refer to liability for damages complement, unquestionably, with the common law relating to civil liability. The paper analyzes the objective basis of legal accountability, namely the illicit act causing damages committed in fulfilling labor duties or in connection tot hem, therewith the method detailed and comparative documentation of legislation in the field and relevant doctrine.

  13. Awareness of legal and social issues related to reproductive health among adolescent girls in rural Varanasi.

    Science.gov (United States)

    Kansal, Sangeeta; Singh, Sweta; Kumar, Alok

    2017-01-01

    Data on awareness of adolescent's on the legal and social issues/acts related to reproductive health, especially in rural areas, are scarce. The aim of the present cross-sectional study is to assess the awareness level of legal and social issues related to reproductive health and its association with the various individual and family/household level characteristics. 650 adolescent girls in the age group of 15-19 years were interviewed with the help of pretested and semistructured questionnaire and focus group discussions were also conducted for qualitative findings in Chiraigaon block of district Varanasi. It was observed that 42.9% of the respondents were aware of legal age of marriage, 14.9% knew about the right age of childbearing. Dowry prohibition act and domestic violence act were known to 46% and 27% respondents, respectively, and only 2.6% were aware of medical termination of pregnancy act. Logistic regression analysis shows the significant effect of education on awareness of legal age of marriage, right age of childbearing, domestic violence, and dowry prohibition acts, which is also supported by qualitative findings. All the important legal issues/acts should be included in high school curriculum and female teachers should be involved in training program for adolescents. Role of mass media in creating awareness about these issues in their routine programs should be ascertained. Accredited Social Health Activist and Anganwadi workers should be aware of and include these issues/acts in adolescent meetings.

  14. Legal and institutional frameworks for government relations with citizens

    International Nuclear Information System (INIS)

    Caddy, J.

    2000-01-01

    Unacceptably low or declining confidence in public institutions in OECD Member countries has led governments to view the issue of government-citizen relations with growing concern and to take initiatives to strengthen this fundamental relationship. Governments have begun to realize that they can better anticipate citizens' evolving and multiple needs by pro-actively involving them in the policy-making process in order to develop solutions to issues as they first appear, and not when they become pressing problems. When government succeeds in anticipating citizens' needs and aspirations, it earns currency in the form of trust. The price of failure is a loss of legitimacy. The conditions for trust in government include a well-educated citizenry, transparent processes and accountability. Government needs to establish a 'level playing field' so that citizens can see that their interests are being treated fairly. Citizens, for their part, need to learn to value fairness in government over special favours for well-connected groups. Transparency in government helps to assure citizens that they are being treated fairly. Accountability helps ensure that government failures are corrected and that public services meet expectations. Governments increasingly realize that they will not be able to conduct and effectively implement policies, as good as they may be, if their citizens do not support them. (author)

  15. Subordinate Mechanism of Legal Regulation of Relations in the Framework of the Contract Procurement System to Meet the Needs of the Public

    Directory of Open Access Journals (Sweden)

    Evgeny V. Solomonov

    2016-01-01

    Full Text Available The article discusses the theoretical issues of legal regulation mechanism features of separate stages of public procurement. Conclusions about the legal nature of the type of legal regulation, its relationship with the peculiarities of the legal facts and legal relations are given.

  16. Occlusion and temporomandibular disorders: a malpractice case with medical legal considerations.

    Science.gov (United States)

    Bucci, M B; Aversa, M; Guarda-Nardini, L; Manfredini, D

    2011-01-01

    Occlusion and temporomandibular The issue of temporomandibular disorders (TMD) diagnosis and treatment has become a matter of increasing interest in the medical legal field in recent years. The old-fashioned theories based on the occlusal paradigm was proven to be erroneous, and clinicians who still provide irreversible treatments to TMD patients have to be conscious of the potential legal consequences of their behavior. The present paper described an illustrative case report of a patient to whom extensive and irreversible occlusal therapies were performed with the unique aim to provide relief from TMD symptoms. The treatment was unsuccessful and the dental practitioner was called into cause for a professional liability claim. The clinician was judged guilty of malpractice on the basis of the lack of scientific evidence of the irreversible occlusal approaches to TMD, which were erroneously used and did not give the patient any benefit, thus forcing him to a non necessary financial and biological cost. The failure to satisfy the contract with the patient, which is usually not covered by any insurance company, forced the practitioner to give the money back to the patient. The ethical and legal implications of such case were discussed, with particular focus on the concept that medical legal advices need to satisfy the highest standards of evidence and have to be strictly based on scientific knowledge.

  17. A contract-law perspective on legal cases in financial reporting: the Netherlands, 1880-1970

    NARCIS (Netherlands)

    Camfferman, C.

    2012-01-01

    This paper proposes a framework for the historical analysis of judicial decisions in financial reporting that may provide a basis for comparative research in the historical relation between the law and accounting. It is suggested that contract law may have been the dominant legal domain in which

  18. Analysis of Discourse Structure of Cases Verdict in The District Court (A Study of Legal Language

    Directory of Open Access Journals (Sweden)

    Usman Pakaya

    2017-11-01

    Full Text Available The title of this article is the discourse structure of cases verdict in the district court (a study of legal language. This article discusses several elements that compose verdict in a criminal case, such as heading, the identity of the defendant, the attorney’s indictment, witnesses’ testimony, the testimony of the accused, and the verdict statements. This study employed the qualitative method to find out the scientific facts. This article is aimed at proving that discourse structure can be used as a framework in unraveling a case verdict.

  19. Public relations violated by unlawful use of documents to form a legal entity

    Directory of Open Access Journals (Sweden)

    Petukhov E.V.

    2014-12-01

    Full Text Available The problems of determining the direct object of crime under article 173.2 of the RF Criminal Code are investigated. It’s noted that the article contains two independent corpus delicti. The characteristic that unites them is the direct object of crime, which is broken in two ways: by person providing the relevant documents and by person receiving these documents and information. Scientific points of view concerning the understanding of crime object are estimated. Understanding the object as a legal order of carrying out business activities doesn’t allow to outline the scope of the corresponding relations. Many crimes under chapter 22 of the RF Criminal Code impinge these relations. The author disagrees with the recognition of public relations, ensuring the use of necessary documents for registration of only those organizations that are engaged in lawful activities, as direct object of unlawful use of documents to form (establish, reorganize a legal entity. It’s emphasized that documents submission to the registering authority for registration of legal entities and individual entrepreneurs can be carried out by the applicant or his representative acting on the basis of a notarized power of attorney. The fact of forming legal entity should be connected with certain individuals. Then the organization will have certain responsible persons. The act provided by the analyzed corpus delicti, contributes to this rule violation. It’s summarized that the direct object of crime under considered article is public relations arising due to ensuring the statutory procedure for personalization and identification of responsible individual forming (establishing, reorganizing a legal entity.

  20. Understanding how social enterprises can benefit from supportive legal frameworks : a case study report on social enterpreneurial models in Greece

    NARCIS (Netherlands)

    Argyrou, A.a; Blomme, R.J.; Lambooy, T.E.; Kievit, H.

    2016-01-01

    This study aims to test how legal factors affect the corporate structure of a social enterprise. The current article focuses on the legal factor of governance as the decision-making power of stakeholders within the social enterprise. The authors conducted a case study and examined a major social

  1. [End-of-life decisions in cases of vegetative state from the legal point of view].

    Science.gov (United States)

    Duttge, G

    2011-10-01

    The perspective of having to "vegetate" in a so-called persistent vegetative state over an indefinite period of time is regarded as unacceptable by many people. How to operationalise and enforce the patients "right of self-determination" in such cases is a subject of current medical and ethical debate. In addition, there is great uncertainty about how far and how long further treatment or supply is still indicated in such cases. The article discusses the legal framework and illustrates existing uncertainties and points out those aspects that demand clarification. © Georg Thieme Verlag KG Stuttgart · New York.

  2. Teaching, the Legal Education and Carl Rogers Assumptions: A Case Study in a Private University

    Directory of Open Access Journals (Sweden)

    Leonardo José Peixoto Leal

    2015-12-01

    of examination lawyers and tenders, existing today a new vision called "legal education crisis" in Brazil. According to Carl Rogers (1972, the main role of the teacher is not only to teach but to help the student to learn. This idea has been legitimized internationally since the publication of the UNESCO Report (Delors, 1998, when it pointed out that "learning to know" constitutes one of the pillars of contemporary education. Rogers (1972, in the 1960s,  drew up a list of 10 assumptions implicit deeply rooted among teachers, paradigms that should be addressed by teachers The methodology used was literature and documents with a qualitative approach in the case like an argument from Case Study, considering the Master in Law and the experiences of the Monitoring and Group Study Program. It concludes that the critical evaluation is important in the formation of the legal profession, because the legal education needs to renew itself, from a teaching practice centered learning.

  3. A New Look at The Right to Privacy: Case Snowden and legal postmodernity

    Directory of Open Access Journals (Sweden)

    José Isaac Pilati

    2014-12-01

    Full Text Available http://dx.doi.org/10.5007/2177-7055.2014v35n69p281 Edward Snowden was responsible for the disclosure of the data collection program developed by the National Security Agency. This sparked a strong debate on new forms of violation of the right to privacy, which demonstrates the need to adapt the law to the reality resulting from technological innovations. In this new technological context, this article is based on the Snowden case to discuss the political and legal issues of privacy. The doctrinal approach to the topic is updated and proposes a theoretical approach to privacy as collective good in the Legal Theory of Postmodernism, a new paradigm.

  4. Clinical characteristics and legal consequences of violent behavior: a case of bipolar disorder.

    Science.gov (United States)

    Gómez-Durán, E L; Carrión, M I; Xifró, A; Martin-Fumadó, C

    2010-01-01

    The main subject of criminal proceedings is that of criminal responsibility, from this point of view bipolar disorders sometimes seem to be a neglected subject in legal scholarship. Yet they may affect decision-making across the spectrum of the law, especially when manic and psychotic symptoms are implicated. This case studies a 37-year-old woman, diagnosed with bipolar affective in disorder, who attacked the neighbour of her ex-husband during a manic episode with psychotic symptoms. Two groups of those psychotic symptoms are especially remarkable: delusions and experiences of influences playing on her body and thought insertion (threat/control–override symptoms). Hostility against her ex-husband was also implicated in the attack. Researchers have pointed all those symptoms as important predictors of violence, and they have determinant legal correlates.

  5. Difficulties are multiplying - topical legal issues relating to nuclear waste disposal

    International Nuclear Information System (INIS)

    Strassburg, W.

    1985-01-01

    The report points out topical legal issues relating to nuclear waste disposal, yet leaves no doubt that the technical-scientific concept for nuclear waste disposal incorporated into the nuclear energy law in 1976 was a success. Nonetheless it is desirable that there should be persistent efforts especially on the part of parliament when issuing legislation or statutory orders to reach greater clearness and thus predictability in areas where technology has been proven by many years of practice. (orig./HSCH) [de

  6. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    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.......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...

  7. Epilepsy-related automobile accidents in Japan: legal changes about a precedent and penal regulations.

    Science.gov (United States)

    Imataka, G; Arisue, K

    2016-01-01

    In Japan, having epilepsy was defined as an absolute disqualification for driving license in the Road Traffic Act enacted in 1960. In view of subsequent changes in domestic road traffic conditions and advances in epilepsy treatment and owing to efforts by interested parties, the 2002 revision of the Road Traffic Act conditionally permitted epileptic patients to obtain a driver's license. However, as fatal traffic accidents associated with driving by epileptic patients continued thereafter, their legal responsibility for driving a car was extensively discussed in newspapers and other media as well as in the Diet. In June 2013, the Road Traffic Act was again revised to incorporate punitive clauses applicable to those with difficulty in driving (not limited to epilepsy only but including various diseases and conditions) who falsely claimed that they had no driving difficulty in the procedure for obtaining or renewing their driver's license. With this revision marking a turning point, the Act on Punishment for Acts That Cause Death or Injury to Others by Driving a Car was enforced as a new statute in May 2014. This paper presents five cases of traffic accidents involved with epileptic patients to explain the impact of these accidents on the 2013 legal revision and a subsequent trend of toughening of legal penalties.

  8. Analysis of the Ethical, Legal and Economic Domains of Corporate Social Responsibility: A Business Case

    Directory of Open Access Journals (Sweden)

    Diana Carolina Peláez Villada

    2013-12-01

    Full Text Available The tendency of organizations is to achieve positioning and legitimacy through strategies of corporate social responsibility (CSR. This article focuses on the analysis of CSR practices and it seeks, through a business case, to define a method to examine the benefits of its application in society and in organizations. From the proposal of Schwartz (2011 on the domains of corporate social responsibility, where the ethical, economic, and legal dimensions of philanthropic organizations converge, financial reports and social balances of a company, were studied, where we identified, financial, ethical, and tax variables which allowed us to establish the orientation and balance between social responsibility practices and corporate image.

  9. Assessing changes in HIV-related legal and policy environments: Lessons learned from a multi-country evaluation.

    Science.gov (United States)

    Ferguson, Laura; Nicholson, Alexandra; Henry, Ian; Saha, Amitrajit; Sellers, Tilly; Gruskin, Sofia

    2018-01-01

    There is growing recognition in the health community that the legal environment-including laws, policies, and related procedures-impacts vulnerability to HIV and access to HIV-related services both positively and negatively. Assessing changes in the legal environment and how these affect HIV-related outcomes, however, is challenging, and understanding of appropriate methodologies nascent. We conducted an evaluation of a UNDP project designed to strengthen legal environments to support the human rights of key populations, in particular LGBT populations, women and girls, affected by HIV in sub-Saharan Africa. We analyzed data on activities designed to improve legal environments through a systematic document review and 53 qualitative interviews. The project made substantial strides towards legal change in many places, and examples provide broader lessons for work in this area. Two core pillars appear fundamental: a government-led participatory assessment of the legal environment, and building the capacity of those impacted by and engaged in this work. Systematic attention to human rights is vital: it can help open new spaces for dialogue among diverse stakeholders, foster new collaborations, and ensure local ownership, nuanced understanding of the political landscape, attention to marginalized populations, and accountability for (in)action. Entry points for effecting legal change go beyond "HIV laws" to also include other laws, national policies and strategies. Conducting legal environment assessments, multi-stakeholder dialogues, action planning and related activities, alongside capacity building, can contribute to changes in knowledge and attitudes directly relevant to reforming laws that are found to be harmful. Shorter-term goals along the causal pathway to legal change (e.g. changes in policy) can constitute interim markers of success, and recognition of these can maintain momentum. Increasing understanding of progress towards changes in the legal environment

  10. Assessing changes in HIV-related legal and policy environments: Lessons learned from a multi-country evaluation.

    Directory of Open Access Journals (Sweden)

    Laura Ferguson

    Full Text Available There is growing recognition in the health community that the legal environment-including laws, policies, and related procedures-impacts vulnerability to HIV and access to HIV-related services both positively and negatively. Assessing changes in the legal environment and how these affect HIV-related outcomes, however, is challenging, and understanding of appropriate methodologies nascent.We conducted an evaluation of a UNDP project designed to strengthen legal environments to support the human rights of key populations, in particular LGBT populations, women and girls, affected by HIV in sub-Saharan Africa. We analyzed data on activities designed to improve legal environments through a systematic document review and 53 qualitative interviews.The project made substantial strides towards legal change in many places, and examples provide broader lessons for work in this area. Two core pillars appear fundamental: a government-led participatory assessment of the legal environment, and building the capacity of those impacted by and engaged in this work. Systematic attention to human rights is vital: it can help open new spaces for dialogue among diverse stakeholders, foster new collaborations, and ensure local ownership, nuanced understanding of the political landscape, attention to marginalized populations, and accountability for (inaction. Entry points for effecting legal change go beyond "HIV laws" to also include other laws, national policies and strategies.Conducting legal environment assessments, multi-stakeholder dialogues, action planning and related activities, alongside capacity building, can contribute to changes in knowledge and attitudes directly relevant to reforming laws that are found to be harmful. Shorter-term goals along the causal pathway to legal change (e.g. changes in policy can constitute interim markers of success, and recognition of these can maintain momentum. Increasing understanding of progress towards changes in the legal

  11. False Testimony and Oath: Reopening a Legal Case in Iranian Courts

    Directory of Open Access Journals (Sweden)

    Iman Zeajeldi

    2017-02-01

    Full Text Available In Iranian legal laws, hearing a case ends by issuing the final judgment. However, the law has provided conditions where the individuals can apply for retrial so that their rights will be protected and losses will be prevented. This means that court will rehear a case for which it has issued a final judgment. Now, each of the parties to the claim who has applied for reopening must prove the conditions of reopening. One of the conditions is proving the falsehood in the claim. Yet, the question is ‘under which conditions the falsehood brings about the annulment of the judgment issued’. The present research aims to study the effects of falsehood cases in the possibility of applying for reopening and annulling the judgment issued.

  12. Legal Issues Related to Donation of Organs, Tissues and Cells of Human Origin

    Directory of Open Access Journals (Sweden)

    Gabriela Mironov

    2010-06-01

    Full Text Available Scientific developments, positive changes in attitude of the man and the new legal framework allow the donation of organs, tissues and cells of human origin. In this context it is necessary to clarifywhether the donation covered by the special law is, legally, one and the same as that covered by the Romanian Civil Code in force and qualified the successor’s right to accept or reject late withdrawals for transplantation. The right to life and physical integrity is personal patrimony; it is a subjective civil right that has no economic content and it cannot be measured in money. Consequently, the content of these rights can not be expressed in money, the property does not belong to their owner. Given the above view, "the right of disposal" to donation of organs, tissues and cells of human origin is an attribute of ownership, right to life and physical integrity, as a personal right that is an intimate attribute patrimonial related to the person’s right to dispose of his body as it wishes, within the law. Addressing these issues it is necessary to clarify the legal consequences of donating organs, tissues and cells of human origin, considering that medical activities are becoming more numerous.

  13. The Rio Orinoco and the haven - two major cases from a legal point of view

    International Nuclear Information System (INIS)

    Jacobsson, M.

    1993-01-01

    The International Oil Pollution Compensation Fund (IOPC Fund), an inter-governmental organization with 49 member states, has recently been involved in two major oil spills of great interest from both a legal and a technical point of view. The Rio Orinoco incident occurred in Canada and the Haven incident took place in Italy. The Rio Orinoco was carrying asphalt when it grounded in the Gulf of St Lawrence. The grounding led to extensive salvage and cleanup operations carried out on behalf of the Canadian authorities. The claims for compensation, totalling 15 million Canadian dollars (12.5 million US dollars), were settled out of court. This paper discusses the main legal problems that arose, for example, the reasonableness of certain operations and the relationship between pollution prevention and salvage. The Haven exploded off Genoa with 144,000 metric tons of crude oil on board. A large quantity of oil escaped, necessitating extensive cleanup operations in Italy, France, and Monaco. Over 1,300 claims for compensation have been submitted totalling US$1.4 billion. This paper deals with some of the main legal problems that have arisen as a result of this incident, for example, the admissibility of claims relating to non-economic damage to the marine environment and the method to be applied for the conversion of the maximum amount payable by the IOPC Fund into Italian lire

  14. Some legal aspects related implementation at Brazil of the International Atomic Energy Agency recommendations related to radiation protection

    International Nuclear Information System (INIS)

    Mezrahi, Arnaldo; Matos, Gilberto Cardoso de; Wieland, Patricia

    2002-01-01

    The National Nuclear Energy Commission (CNEN) - the Brazilian nuclear regulatory authority- applies the basic guidelines regarding Radiation Protection (CNEN standard NE-3.01) in force since June 1988, for the licensing and control of nuclear, industrial, medical and research facilities, as well as for the safety of sources and for radioactive material transportation. In 1996, the IAEA published a new recommendations that established patterns for protection against ionizing radiation and for the safety of radiation sources and recommended Member States to adopt them. The adoption of the IAEA document, namely Safety Series 115, by a member state, does not imply to follow the whole text. The application of IAEA recommendations, contained in its documents, should take into consideration the autochthonous characteristics of each Member State. The Safety Series 115 has a very broad scope involving recommendation to countries at different development stages, especially those that do not even have a nuclear regulatory authority. In the specific case of Brazil, besides its advanced technological level, there exists a very complex and effective legal framework that hinders the establishment of norms and regulations regarding radiation protection guidelines. Therefore the direct application of the IAEA's recommendations requires a very careful legal evaluation in order to avoid conflicts of competence and duplication of efforts among the different involved authorities. This paper presents some of the important legal aspects especially in what concerns CNEN's competence, which is responsible for the issuance of the new radiation protection guidelines in accordance with the legislation. (author)

  15. A critical review of legal framework as a factor of coops development: Case of Serbia

    Directory of Open Access Journals (Sweden)

    Petković Goran

    2016-01-01

    Full Text Available Contemporary cooperative movement must rest on the original cooperative principles that were confirmed and modernized by the Congress of International Co-Operative Alliance held in Manchester in 1995. Development of coops legislative framework in Serbia has a long history and presently the matter of cooperatives is governed by the federal Law on Cooperatives adopted in 1996. The text analyzes the extent to which a legislative framework can be an incentive for and/or impediment to cooperatives' operation in Serbia, and what sort of results can be expected from a modernized and improved legal framework. Interview of key players in the coop sector was one of the research methods. Other methods include historical, comparative analysis and case study. The paper includes four parts: a historical and legal background of development of coops in Serbia; b legislative framework; c successful case study and d framework for further development. The paper also analyses cooperatives within the environment of social enterprises and evaluates their role in the social inclusion process.

  16. Acute Precipitants of Physical Elder Abuse: Qualitative Analysis of Legal Records From Highly Adjudicated Cases.

    Science.gov (United States)

    Rosen, Tony; Bloemen, Elizabeth M; LoFaso, Veronica M; Clark, Sunday; Flomenbaum, Neal E; Breckman, Risa; Markarian, Arlene; Riffin, Catherine; Lachs, Mark S; Pillemer, Karl

    2016-08-01

    Elder abuse is a common phenomenon with potentially devastating consequences for older adults. Although researchers have begun to identify predisposing risk factors for elder abuse victims and abusers, little is known about the acute precipitants that lead to escalation to physical violence. We analyzed legal records from highly adjudicated cases to describe these acute precipitants for physical elder abuse. In collaboration with a large, urban district attorney's office, we qualitatively evaluated legal records from 87 successfully prosecuted physical elder abuse cases from 2003 to 2015. We transcribed and analyzed narratives of the events surrounding physical abuse within victim statements, police reports, and prosecutor records. We identified major themes using content analysis. We identified 10 categories of acute precipitants that commonly triggered physical elder abuse, including victim attempting to prevent the abuser from entering or demanding that he or she leave, victim threatening or attempting to leave/escape, threat or perception that the victim would involve the authorities, conflict about a romantic relationship, presence during/intervention in ongoing family violence, issues in multi-generational child rearing, conflict about the abuser's substance abuse, confrontation about financial exploitation, dispute over theft/destruction of property, and disputes over minor household issues. Common acute precipitants of physical elder abuse may be identified. Improved understanding of these acute precipitants for escalation to physical violence and their contribution to elder abuse may assist in the development of prevention and management strategies.

  17. Toxic Lung Injury in a Patient Addicted to “Legal Highs” – Case Study

    International Nuclear Information System (INIS)

    Kulhawik, Dorota; Walecki, Jerzy

    2015-01-01

    Toxic lung injury may manifest itself in many different ways, ranging from respiratory tract irritation and pulmonary edema in severe cases to constrictive bronchiolitis, being a more distant consequence. It is most often the result of accidental exposure to harmful substances at work, at home, or a consequence of industrial disaster. This article presents a case of toxic lung injury which occurred after inhalation of legal highs, the so-called “artificial hashish” and at first presented itself radiologically as interstitial pneumonia with pleural effusion and clinically as hypoxemic respiratory insufficiency. After treatment with high doses of steroids, it was histopathologically diagnosed as organizing pneumonia with lipid bodies. Due to the lack of pathognomonic radiological images for toxic lung injury, information on possible etiology of irritants is very important. As novel psychoactive substances appeared in Europe, they should be considered as the cause of toxic lung injury

  18. The agreement as a universal means of legal regulation of property relations

    Directory of Open Access Journals (Sweden)

    Я. В. Новохатська

    2015-11-01

    Full Text Available Problem statement. The participants of the civil circulation are given the opportunity to conclude a contract which constitutes a fundamental framework of civil relations. The interests of the parties are realized through the conclusion and implementation of contracts. The agreement is a universal means of legal regulation of property relations, which provides the achievement of objectives defined by the parties. The purpose of the contract may be economic, social or other, while remaining expressed in legal terms, that is legal. Civil contracts are concluded for the purpose of transferring items of property, execution of work or providing services. Analysis of recent research works and publications. The modern theory of civil contract has been presented in the works by V.Lutsya, I. Zhylinkova, M. Sibilova and other authors. The aim of this work is define the specific features of a civil contract as a regulator of civil relations, the order of its conclusion, modification and termination, the correlation of terms and conditions that constitute its content. The main research material. A contract is an agreement between two or more parties on the establishment, modification or termination of civil rights and obligations. The agreement is a unity of the subjective element - the will and the objective element - declaration of intent. The free declaration of intent (will of the parties to a contract is one of the manifestations of freedom of agreement as one of the principles of civil law. The parties are free to conclude a contract, to choose a contracting party and determine the contract terms and conditions on the basis of the law and customs of business conduct, the principle of prudence, integrity and fairness. The concurrence of the wills of the parties - the expression of will by one party and counter-declaration by the other - creates an agreement that gives rise to a contractual relationship. That is a contract provides for expression of the

  19. Emission certificates. Legal, tax-related and practical aspects; Emissionszertifikate. Rechtliche, steuerliche und praktische Aspekte

    Energy Technology Data Exchange (ETDEWEB)

    Hack, Christoph; Bartholl, Carsten; Hartmann, Astrid (eds.)

    2011-07-01

    The book discusses the issue of emission certificates from the view of public law, civil law and tax law, in consideration of practical experience with emission reduction projects. The subjects discussed range from emission trading from the view of public law to the civil law and regulatory law aspects of emission trading and taxation law. The legal situation in Germany is covered from the view of public and private law. The state of legislation on emission reduction in the USA is gone into, and practical experience relating to the Clean Development Mechanism is presented. (orig./RHM)

  20. [Health-related consequences of obstructive sleep apnea: daytime sleepiness, accident risk and legal aspects].

    Science.gov (United States)

    Orth, M; Kotterba, S

    2012-04-01

    Daytime sleepiness for any reason leads to impairment of daytime performance and an increased accident rate. The consequences are an increase of illness- and accident-related costs for the health system. Obstructive sleep apnea (OSA) is one of the major reasons for increased daytime sleepiness, especially in professional drivers. The accident frequency in OSA can be significantly reduced by adequate continuous positive airway pressure (CPAP) therapy. Up till now there are no uniform legal regulations about the handling of OSAS patients or patients with daytime sleepiness due to other diseases as far as driving ability is concerned.

  1. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...... identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment...

  2. Assisted suicide: Models of legal regulation in selected European countries and the case law of the European Court of Human Rights.

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

    This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.

  3. Empathic media and advertising: Industry, policy, legal and citizen perspectives (the case for intimacy

    Directory of Open Access Journals (Sweden)

    Andrew McStay

    2016-11-01

    Full Text Available Drawing on interviews with people from the advertising and technology industry, legal experts and policy makers, this paper assesses the rise of emotion detection in digital out-of-home advertising, a practice that often involves facial coding of emotional expressions in public spaces. Having briefly outlined how bodies contribute to targeting processes and the optimisation of the ads themselves, it progresses to detail industrial perspectives, intentions and attitudes to data ethics. Although the paper explores possibilities of this sector, it pays careful attention to existing practices that claim not to use personal data. Centrally, it argues that scholars and regulators need to pay attention to the principle of intimacy. This is developed to counter weaknesses in privacy that is typically based on identification. Having defined technologies, use cases, industrial perspectives, legal views and arguments about jurisprudence, the paper discusses this ensemble of perspectives in light of a nationwide survey about how UK citizens feel about the potential for emotion detection in out-of-home advertising.

  4. Equality, Legal Certainty and Tax Legislation in the Netherlands
    Fundamental Legal Principles as Checks on Legislative Power: A Case Study

    Directory of Open Access Journals (Sweden)

    Hans Gribnau

    2013-03-01

    Full Text Available Fundamental legal principles may function as a check on legislative power protecting citizens against arbitrary interferences with their liberty. This contribution deals with the principle of equality and the principle of certainty. First, the testing of legislation against the principle of equality is presented as a case study of constitutional review. In the Netherlands, the constitutional dialogue between the legislator and the Dutch Supreme Court revolving around the principle of equality demonstrates a fair amount of subtle details. As a result, constitutional review can hardly be called an all or nothing affair.Secondly, retroactive tax legislation is dealt with. The legislator does seem to take the principle of legal certainty, another fundamental legal principle, quite seriously, although no testing of statutory legislation is possible by the courts. With regard to retroactive tax legislation the Government has committed itself in a memorandum, requested by Parliament, to adhere to rules of conduct with regard to different situations where it deems retroactive tax legislation to be justified. Thus, a soft law instrument facilitates a dialogue between different partners in the business of law-making.

  5. Alcohol effects on family relations: a case study.

    Science.gov (United States)

    Reinaldo, Amanda Márcia Dos Santos; Pillon, Sandra Cristina

    2008-01-01

    Problems related to alcohol abuse have been associated to different factors, regardless of the causes attributed to this phenomenon. Alcohol consumption and dependence is considered a public health problem and deserve attention because of the social, work, family, physical, legal and violence-related risks it represents. This study aimed to identify the effects of alcoholism on family relations and, by means of case management, to encourage the recovery of these relationships. The results show that the problems caused by alcohol abuse impose profound suffering to family members, which contributes to high levels of interpersonal conflict, domestic violence, parental inadequacy, child abuse and negligence, financial and legal difficulties, in addition to clinical problems associated to it.

  6. INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

    Directory of Open Access Journals (Sweden)

    A. Tyrtyshny

    2015-01-01

    Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.

  7. Perspectives on the divorce process: parental perceptions of the legal system and its impact on family relations.

    Science.gov (United States)

    Pruett, M K; Jackson, T D

    2001-01-01

    Through semistructured interviews, divorcing parents provide a consumer perspective of the legal process of divorce discussed in law and mental health literature. The parents offer a heightened awareness of families' basic needs within the legal system that may otherwise be overlooked by professionals. This article focuses on narrative accounts provided by 41 divorcing parents to describe both their positive and negative experiences with the legal system and court-related professionals. Although many parents entered the divorce process with hopes for a fair and reasonable experience and outcome, only 12 percent of the parents ended the process with positive expectations. Parents conveyed feelings of a lack of power and control over divorce outcomes. The responses from parents provide valuable insight into how reforms of the legal system can be structured best to increase the quality of the process and ameliorate potentially destructive effects of divorce on the family.

  8. Selected legal and institutional issues related to Ocean Thermal Energy Conversion (OTEC) development

    Energy Technology Data Exchange (ETDEWEB)

    Nanda, V. P.

    1979-06-01

    Ocean Thermal Energy Conversion (OTEC), an attractive alternative to traditional energy sources, is still in the early stages of development. To facilitate OTEC commercialization, it is essential that a legal and institutional framework be designed now so as to resolve uncertainties related to OTEC development, primarily involving jurisdictional, regulatory, and environmental issues. The jurisdictional issues raised by OTEC use are dependent upon the site of an OTEC facility and its configuration; i.e., whether the plant is a semipermanent fixture located offshore or a migrating plant ship that provides a source of energy for industry at sea. These issues primarily involve the division of authority between the Federal Government and the individual coastal states. The regulatory issues raised are largely speculative: they involve the adaptation of existing mechanisms to OTEC operation. Finally, the environmental issues raised center around compliance with the National Environmental Policy Act (NEPA) as well as international agreements. 288 references.

  9. Impact of Burnout on Organizational Outcomes, the Influence of Legal Demands: The Case of Ecuadorian Physicians

    Directory of Open Access Journals (Sweden)

    Paola Ochoa

    2018-05-01

    Full Text Available Interest in burnout has developed extensively worldwide, but there is scarce the literature regarding the consequences that new legal demands have on burnout and on organizational outcomes in physicians. The global context of the medical profession has been characterized in the recent years by changes in the employment patterns, profound intensification of work, and increment of labor flexibility. In this context, the study aims to analyze the influence of burnout on organizational outcomes in physicians, depending on new legal demands perception in Ecuador. Regarding the method, the research was cross sectional and in the first stage, studied the psychometric characteristics, validity and reliability of the instrument to assess burnout through a series of confirmatory factor analyses (CFA. In a second part, we assessed, the robustness of the model of causal relations between the burnout dimensions and organizational outcomes. We carried out a series of path analysis, structural equation model. The study was accomplished in five hospitals and the sample was incidental, comprising 435 physicians from Ecuador. We divided the group in two subcategories, Sample A, composed by participants that considered that new Criminal Code (COIP affects them and the Sample B, the group of physicians who believed that the COIP does not affect them. Burnout was assessed with the Spanish adaptation of the Maslach Burnout Inventory (MBI, the Organizational outcomes were measured with a seven-item self-report questionnaire, and we included an item regarding to the influence of new Criminal Code. We formulated four hypotheses, that considered that physicians who believed that the COIP affect them experience a greater negative influence of burnout on organizational outcomes. The results indicated that the group of physicians who believed that the COIP affects them (Sample A experienced a greater negative influence of cynicism on productivity than Sample B. Moreover

  10. Impact of Burnout on Organizational Outcomes, the Influence of Legal Demands: The Case of Ecuadorian Physicians.

    Science.gov (United States)

    Ochoa, Paola

    2018-01-01

    Interest in burnout has developed extensively worldwide, but there is scarce the literature regarding the consequences that new legal demands have on burnout and on organizational outcomes in physicians. The global context of the medical profession has been characterized in the recent years by changes in the employment patterns, profound intensification of work, and increment of labor flexibility. In this context, the study aims to analyze the influence of burnout on organizational outcomes in physicians, depending on new legal demands perception in Ecuador. Regarding the method, the research was cross sectional and in the first stage, studied the psychometric characteristics, validity and reliability of the instrument to assess burnout through a series of confirmatory factor analyses (CFA). In a second part, we assessed, the robustness of the model of causal relations between the burnout dimensions and organizational outcomes. We carried out a series of path analysis, structural equation model. The study was accomplished in five hospitals and the sample was incidental, comprising 435 physicians from Ecuador. We divided the group in two subcategories, Sample A, composed by participants that considered that new Criminal Code (COIP) affects them and the Sample B, the group of physicians who believed that the COIP does not affect them. Burnout was assessed with the Spanish adaptation of the Maslach Burnout Inventory (MBI), the Organizational outcomes were measured with a seven-item self-report questionnaire, and we included an item regarding to the influence of new Criminal Code. We formulated four hypotheses, that considered that physicians who believed that the COIP affect them experience a greater negative influence of burnout on organizational outcomes. The results indicated that the group of physicians who believed that the COIP affects them (Sample A) experienced a greater negative influence of cynicism on productivity than Sample B. Moreover, the lack of

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

    Science.gov (United States)

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

    2000-01-01

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

  12. A Case against the Legal Rules on Conflicted Interested Transactions in Colombian Corporate Law

    Directory of Open Access Journals (Sweden)

    Juan Antonio Gaviria

    2017-07-01

    Full Text Available This paper contends and explains why the Colombian corporate legal rules on conflict of interest are inefficient, proposing some legal changes. In particular, this paper poses four criticisms. First, Colombian law requires that the highest corporate body shall always authorize any transaction between the legal entity and any of its managers or controlling shareholders. Second, such authorization lacks any legal effect whenever the transaction is detrimental to the company. Third, all transactions entered into without such approval are voidable. Fourth, there are no exceptions regarding transactions among companies belonging to the same entrepreneurial group.

  13. EU international family law: Legal basis, sources, case law of ECJ

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet

    2012-01-01

    Full Text Available The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.

  14. RAPE CASES: GENRE AND RHETORICAL ANALYSIS OF CONTROVERSIAL MALAYSIAN LEGAL JUDGEMENTS

    Directory of Open Access Journals (Sweden)

    Maya Khemlani David

    2016-12-01

    Full Text Available Kachru and Smith (2008 emphasize that effectual communication in the context in which different varieties of world English are used, entails awareness of the varieties in use and their cultural, social, and ideational functions. Court reports by Malaysian Judges are part of legal documents, which may be considered as a genre. Investigating the linguistic details of these reports may be helpful in understanding the argumentative and persuasive strategies used in these judgments. The issue of rape and justice is an important concern in society. The aim of this study is to investigate Malaysian judgment reports in the English language on rape cases from a linguistic perspective. Specifically, the aim of the study is to identify court of appeal judgment reports of rape cases as a Genre and to identify the moves used in this genre. The moves within the genre were identified by studying two controversial reports which showed that the judgments might suffer from relying on pathos argumentation in one critical move.

  15. Labor rights as legal constitutional category – Kosovo in relation to international labor organization

    Directory of Open Access Journals (Sweden)

    Muhamet Vokrri

    2015-11-01

    Full Text Available The purpose of this study paper is the analyzing of the processes that followed the labor relations, its historical development respectively, since its first concrete efforts from the representatives of the workers (unions till the establishment of the International Labor Organization (1919. As it is known the labor law presents one of the fundamental rights of the human being, thus such rights (right to work, freedom of work are constitutional category and protected in whole legal systems of the present time. The efforts to install such positive spirit were not easy. Genuinely is known that bearers of progressive developments in this field (end of XIX century were organized groups of workers (unions, then initiatives from various statesmen and later to be materialized from the governments of present time followed by the addressing and protecting of these rights in international aspect. Practice has proved that creation, purpose and activity of International Labor Organization has provided its benefits in achieving the primary principles of work, such rights proclaimed by the majority of world states and embedded in their highest legal act (Constitution of the organization in question (ILO. We consider that bearers of government politics of Kosovo, responsible sectors of this field respectively, shall regard these rules set and implemented by this international body and at the same time make maximal efforts towards advancing the current legislation in this field as well as to utilize all necessary resources in order to achieve the vital goal which is the adherence in ILO. This would certainly have an impact on minimizing the occurrence of eventual discontent from the organized groups (Unions as well as other classes and naturally the progress and positive effects in this field would be visible and useful for the society.

  16. The current legal situation relating to food irradiation as assessed by the Land Government

    International Nuclear Information System (INIS)

    Frede, W.

    1994-01-01

    Discussed is the current legal situation of food irradiation procedures as assessed by the Government of Northrhine-Westfalia. The topics highest on the agenda are the unrestrained exchange of merchandise within the Internal Market and the problems arising from deviating legal stipulations in the individual EU member states. (vhe) [de

  17. Large-scale Water-related Innovative Renewable Energy Projects and the Water Framework Directive : Legal Issues and Solutions

    NARCIS (Netherlands)

    van Hees, S.R.W.

    2017-01-01

    This article discusses two legal issues that relate to the conflict between the interest of protecting water quality under the Water Framework Directive (WFD), versus the interest of promoting the use of innovative water-related renewable energy, with regard to the quota in the Renewable Energy

  18. Large-scale Water-related Innovative Renewable Energy Projects and the Habitats and Birds Directives: Legal Issues and Solutions

    NARCIS (Netherlands)

    van Hees, S.R.W.

    This article discusses two legal issues that relate to the conflict between the interest of protecting habitats and species under the Habitats and Birds Directives, versus the interest of promoting the use of innovative water-related renewable energy, with regard to the quota in the Renewable Energy

  19. Processing Multimodal Legal Discourse; The Case of Stanley ‘Tookie’ Williams

    NARCIS (Netherlands)

    van den Hoven, P.J.|info:eu-repo/dai/nl/070378096; Kišiček, Gabrijela

    2017-01-01

    We focus on a striking difference between prototypical legal discourse format and a complex multimodal discourse format: the role of the mediating narrator. In prototypical verbal legal discourse, the narrator concurs with one clearly identifiable top-voice. The narration is close to ‘monotone’; the

  20. Medico-legal and legal-penal aspects of expert opinions and adjudication in cases of intoxications with intoxicating agents and ethanol-like intoxicants

    Directory of Open Access Journals (Sweden)

    Monika Ćwiklińska

    2015-08-01

    Full Text Available Introduction: The available legal regulations in Poland do not define the concentration thresholds enabling to differentiate between the states of “after-use” versus “under the influence” of a drug, as it is in the case of alcohol. The aim of the study was to analyse jurisdiction in cases regarding the evaluation of the effects of intoxicating agents and ethanol-like intoxicants and to identify ambiguities and gaps in the applicable regulations leading to problems in preparing expert opinions. Material and methods: The material included the opinions of experts in the field of toxicology and forensic medicine made by the Department of Forensic Medicine in Lublin in the years 2009–2011 and records obtained in the process of inquiry from the regional prosecutor’s offices and courts in 52 cases. Results : Amongst 52 cases in which the ordered toxicology examinations demonstrated the presence of intoxicating agents in drivers’ blood (tetrahydrocannabinols in 39 and amphetamine in 21 cases in 2 cases petty offence proceedings were instituted (Art. 87 of the Petty Offence Code although high concentrations of xenobiotics indicated the state of being “under the influence” of a narcotic drug (Art. 178a of the Penal Code. Three cases were discontinued despite expert opinions that the drivers were at least in the after-narcotic use state. In only 3 cases were witnesses asked to provide testimony about the circumstances of the driver’s conduct. Conclusions : The analysis has demonstrated that judicial bodies expect forensic expertise based exclusively on toxicological examination results; when expert findings are inconclusive, they only administer litigations opportunistically applying the principle of the presumption of innocence understood literally. Considering the above, threshold values of “use” and “influence” of the most commonly detected drugs should be urgently determined.

  1. Legal briefs in dental bias case raise issues pivotal to epidemic.

    Science.gov (United States)

    1998-03-20

    The U.S. Supreme Court will hear oral arguments in March that could profoundly alter the way courts, employers, and the medical community deal with HIV. [Name removed] v. [Name removed] raises the issues of whom the law covers, whether health care providers have a choice in treating HIV and AIDS patients or refusing to treat them, and whether the stigma of HIV impedes an infected person's ability to participate in mainstream American life. This is the first time that the Supreme Court will interpret the Americans with Disabilities Act (ADA) and how the case is decided could affect the legal rights of people with other impairments. The case grew out of a dentist's refusal to treat an HIV-positive patient in his office because of the increased risk of contracting the disease. [Name removed] offered to treat [name removed] in a hospital, where infection control procedures are better. [Name removed] sued, relying on the ADA, and prevailed in both Federal district court and the 1st U.S. Circuit Court of Appeals. The Supreme Court asked both sides to discuss the following questions: does the ADA protect all people with HIV, including those with no symptoms, from discrimination; is reproduction a major life activity under the ADA; and should the court defer to the health-care provider's professional judgement for evaluating whether a patient poses a direct threat. [Name removed] argues that an asymptomatic person cannot be disabled under the meaning of the law and cites two celebrities as examples, Earvin "Magic" Johnson and Greg Louganis. [Name removed] argues that the definition of disability under the ADA is intentionally broad to achieve the remedial purpose of enabling Americans with disabilities to live full, independent and economically sufficient lives. The elements of the case, the key players, and the legislative history are reviewed.

  2. Enrolling HIV-positive adolescents in mental health research: A case study reflecting on legal and ethical complexities

    Directory of Open Access Journals (Sweden)

    Nataly Woollett

    2017-08-01

    Full Text Available Background. Adolescents living with HIV are an emerging group in the global HIV/AIDS epidemic. Mental health in this population affects HIV care, treatment, consequential morbidity and secondary transmission. There is a paucity of research regarding these youth in South Africa (SA, partly because section 71 of the National Health Act of 2003 (NHA requires parental or guardian’s consent. Objective. To explore legal and ethical issues related to conducting adolescent mental health research in SA. Methods. After obtaining a High Court order permitting research on minors aged <18 years without prior parental or guardian’s consent, we used qualitative and quantitative methods to interview adolescents in five clinics serving HIV-positive adolescents in Johannesburg. Results. Our study enrolled 343 participants; 74% were orphaned and did not have legal guardians, 27% were symptomatic for depression, anxiety or post-traumatic stress disorder, 24% were suicidal, and almost 90% did not feel that they belonged in the family with which they lived. Without court intervention, most of the participants could not have participated in this research because parental consent was impossible to obtain. This case study argues for exceptions to the parental consent requirement, which excludes orphaned and vulnerable children and youth from research. Conclusions. Recommendations are made to promote ethical integrity in conducting mental health research with adolescents. A balance is needed between protecting adolescents from exploitation and permitting access to benefits of research. Requiring parental consent for all research does not necessarily give effect to policy. For the vast majority of SA HIV-positive adolescents, parental consent is not possible. Section 71 of the NHA ought to be amended to facilitate valuable and necessary research concerning HIV-positive orphan children and adolescents.

  3. Legal aspects of public participation in the planning/licensing of environmentally related large-scale projects

    International Nuclear Information System (INIS)

    Kurz, A.

    1991-01-01

    A variety of legal problems arise in the planning/licensing of environmentally related large-scale projects associated with the control and evaluation of technical conditions and the ramifications in social and legal policy of the acceptance of, and resistance to, such projects. On the basis of a number of partial studies e.g. of the licensing procedure of a nuclear power plant (Neckar-2 reactor) the author examines the legal aspects of public participation in the administrative procedures of licensing/plans approval. The dichotomy of law and technology is covered, and public participation in administrative procedures is derived legally from the basic constitutional rights and the principle of fair hearing. After an outline of specific administrative procedures, public participation as part of administrative procedures is included in the broad legal framework of licensing/plans approval of environmentally related large-scale projects. The author concludes that public participation, within the framework of the basic decisions established by legislature, is not a tool to be used in deciding basic political conflicts. Instead, public participations in the application of law serves to protect the rights of the individual by ensuring fair proceedings paying attention to the subjective rights of the individual. As it is unable to decide political conflicts, it is also an unsuitable means of establishing of basic societal consensus, or of seeking acceptance of large-scale projects. (orig./HP) [de

  4. Legal and institutional tools to mitigate plastic pollution affecting marine species: Argentina as a case study

    International Nuclear Information System (INIS)

    González Carman, Victoria; Machain, Natalia; Campagna, Claudio

    2015-01-01

    Highlights: • Plastic pollution in Argentina harms vulnerable marine species of turtles and mammals. • One tool to advance their conservation is policy. • The legal and institutional framework pertinent to plastic pollution is explored. • Laws and agencies are in place, yet implementation and enforcement is deficient. • Interventions to mitigate plastic pollution and protect marine species are advanced. - Abstract: Plastics are the most common form of debris found along the Argentine coastline. The Río de la Plata estuarine area is a relevant case study to describe a situation where ample policy exists against a backdrop of plastics disposed by populated coastal areas, industries, and vessels; with resultant high impacts of plastic pollution on marine turtles and mammals. Policy and institutions are in place but the impact remains due to ineffective waste management, limited public education and awareness, and weaknesses in enforcement of regulations. This context is frequently repeated all over the world. We list possible interventions to increase the effectiveness of policy that require integrating efforts among governments, the private sector, non-governmental organizations and the inhabitants of coastal cities to reduce the amount of plastics reaching the Río de la Plata and protect threatened marine species. What has been identified for Argentina applies to the region and globally

  5. Medico legal aspects of self-injection of metallic mercury in cases of suicide or self-harming.

    Science.gov (United States)

    Da Broi, Ugo; Moreschi, Carlo; Colatutto, Antonio; Marcon, Barbara; Zago, Silvia

    2017-08-01

    Metallic mercury may be self-injected for suicidal or self-harm purposes or sometimes for superstitious or other inadvisable reasons. Local tissue or systemic consequences such as mercurialism can frequently occur in cases of subcutaneous or deep injection, while death due to pulmonary embolism and cardiac, brain, hepatic or renal toxicity may occur in cases of high dosage intravenous administration. The aim of this review is to focus on the diagnostic difficulties facing coroners and forensic pathologists when the courts require confirmation that evidence of self-injection of metallic mercury is the result of suicide or self-harming. Forensic examination performed on the corpses of victims who died in or out of hospital or on surviving injured or intoxicated victims showing signs of mercurialism, demands the careful evaluation of the death scene, of all related circumstances and of the clinical and autopsy data. Close interaction between forensic pathologists and toxicologists is also needed to identify and quantify mercury levels in blood, urine and tissue. Copyright © 2017 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  6. Bisphosphonate-related osteonecrosis of the jaw: historical, ethical, and legal issues associated with prescribing.

    Science.gov (United States)

    Faiman, Beth; Pillai, Aiswarya Lekshmi Pillai Chandran; Benghiac, Ana Gabriela

    2013-01-01

    The long-term effects of many drugs are unknown. Established risks are communicated to patients who participate in clinical trials during the informed consent process. However, unknown and unanticipated side effects of medications may occur years after treatment. Patients with metastatic bone cancer experience an imbalance between tumor cells and the bone marrow microenvironment. Increased cytokine release, osteoclastic activity, and uncoupled osteoblastic activity lead to weakened bone structure and osteolytic lesions. The bisphosphonates are a class of drugs available in IV and oral formulations to treat and prevent bone loss and decrease the risk of skeletal-related events. Intravenous bisphosphonates such as zoledronic acid and pamidronate disodium are approved by the US Food and Drug Administration for the treatment of bone pain and hypercalcemia of malignancy and the prevention of painful bone fractures in patients with metastatic bone cancer. Oral bisphosphonates such as alendronate, risedronate, and etidronate are used to reduce the risk of skeletal fractures in patients with osteoporosis and in breast cancer. Bisphosphonate-related osteonecrosis of the jaw (BRONJ) is a rare but painful complication of treatment characterized by infection, exposed bone, and poor wound healing. In this article, we discuss BRONJ and identify past, present, and future ethical and legal issues surrounding bisphosphonate administration.

  7. Legal framework related to access to information and public participation on nuclear activity

    International Nuclear Information System (INIS)

    Arias, M. C.; Bernaldez, A.L.; Ghiggeri, M.; Tula, C.

    2011-01-01

    The right of access to information by citizens about activities related to scientific and technological development of nuclear energy for peaceful uses, has evolved over time. Governments began to perceive the necessity and the benefits of informing the community, who manifested certain prejudices about nuclear activity as a consequence of the propelling of nuclear bombs in Nagasaki and Hiroshima. With the advent of environmental law and the influence of its principles, the idea of transparency of information in the nuclear field was imposed, and also the importance of both the inhabitants of countries with nuclear developments and neighbouring countries who may be affected by the bordering effects of ionizing radiation, could have access to information and to participate actively. The access to information and citizen participation has been institutionalized and reflected in international regulations through international conventions subscribed by our country and nationally through the National Constitution, the Provincials Constitutions, the City of Buenos Aires Constitution, Laws No. 25.675, 25.831 and PEN Decree No. 1172/03, among others. The present work aims to make an overview of the legal framework related to access to information on nuclear activity. (authors) [es

  8. Meta-Ethics and Legal Theory : The Case of Gustav Radbruch

    OpenAIRE

    Spaak, Torben

    2009-01-01

    The received view among legal theorists has been that Gustav Radbruch’s post-war standpoint was that law and morality are conceptually connected, and that therefore laws that are intolerably unjust are flawed law and must yield to justice; whereas Radbruch’s pre-war stance had been that of a legal positivist and a moral relativist. But recently Stanley Paulson has challenged the received view, arguing that Radbruch really wasn’t a legal positivist before the war, and that Radbruch’s pre-war a...

  9. Navigating legal constraints in clinical data warehousing: a case study in personalized medicine.

    Science.gov (United States)

    Jefferys, Benjamin R; Nwankwo, Iheanyi; Neri, Elias; Chang, David C W; Shamardin, Lev; Hänold, Stefanie; Graf, Norbert; Forgó, Nikolaus; Coveney, Peter

    2013-04-06

    Personalized medicine relies in part upon comprehensive data on patient treatment and outcomes, both for analysis leading to improved models that provide the basis for enhanced treatment, and for direct use in clinical decision-making. A data warehouse is an information technology for combining and standardizing multiple databases. Data warehousing of clinical data is constrained by many legal and ethical considerations, owing to the sensitive nature of the data being stored. We describe an unconstrained clinical data warehousing architecture, some of the legal constraints that have led us to reconsider this architecture, and the legal and technical solutions to these constraints developed for the clinical data warehouse in the personalized medicine project p-medicine. We also propose some changes to the legal constraints that will further enable clinical research.

  10. Peacetime Reprisals Under Article 51: An Argument for Legal Legitimacy in Cases of Terrorism

    National Research Council Canada - National Science Library

    Coffey, Holly S

    1997-01-01

    This thesis proposes a change to Article 51 of the UN Charter. The use of peacetime reprisals should be afforded the same legal legitimacy under the Charter as are acts characterized as self-defense in situations of terrorism...

  11. Interactive Effect of Immigration-Related Factors with Legal and Discrimination Acculturative Stress in Predicting Depression Among Asian American Immigrants.

    Science.gov (United States)

    Singh, Shipra; Schulz, Amy Jo; Neighbors, Harold W; Griffith, Derek M

    2017-08-01

    This study examined the impact of discrimination and legal acculturative stress on Major Depression Episode lifetime among Asian American immigrants. It further examined the role of immigration related-factors (age at immigration, reason for immigration, and years spent in the U.S.) on the relationship of acculturative stress and Major Depression Episode lifetime. The National Latino and Asian American Study 2002-2003 dataset was used. The study findings were: (1) high discrimination and legal acculturative stress were associated with Major Depression Episode lifetime; (2) age at immigration buffered the relationship of discrimination acculturative stress and Major Depression Episode lifetime as well as the relationship of legal acculturative stress and Major Depression Episode lifetime; and (3) years spent in the U.S. buffered the relationship of discrimination acculturative stress and Major Depression Episode lifetime only. These findings highlight the complex relationship of factors that impact the mental health of the Asian American immigrants.

  12. Mitigation of Marijuana-Related Legal Harms to Youth in California.

    Science.gov (United States)

    Banys, Peter

    2016-01-01

    If recreational marijuana is legalized for adults in California, a rational implementation of public policy would neither criminalize youth possession, nor medically pathologize it by conflating possession with addiction. The harms of a criminal justice approach to juveniles should not exceed the harms of the drug itself. Juvenile arrests and probation have consequences: (1) arrest records, probation, and juvenile hall; (2) an incarceration subculture, "crime school," psychological and re-entry costs; (3) school "zero-tolerance" expulsions and suspensions; (4) ineligibility for federal school loans; (5) employment screening problems; (6) racial disparities in arrests; (7) fines and attorney's fees; and (8) immigration/naturalization problems. Marijuana-related arrest rates in California dropped after a 2011 law making possession under 1 oz. an infraction for all, but juvenile marijuana arrests continue to outnumber arrests for hard drugs. Recommendations for prudent implementation policy include: stable marijuana tax funding for Student Assistance Programs (SAPs) in high schools; elimination of "zero-tolerance" suspension/expulsion policies in favor of school retention and academic remediation programs; juvenile justice transparency discriminating among infractions, misdemeanors, and felonies. Criminal sanctions and durations must be proportional to the offense. Probation-based interventions should be reserved for larger possession amounts and recidivist offenders, and outcomes should be independently evaluated.

  13. Legal aspects of public participation in the planning/licensing of environmentally related large-scale projects

    International Nuclear Information System (INIS)

    Kurz, A.

    1992-02-01

    A variety of legal problems arise in the planning/licensing of environmentally related large-scale projects associated with the control and evaluation of technical conditions and the ramifications in social and legal policy of the acceptance of, and resistance to, such projects. On the basis of a number of partial studies e.g. of the licensing procedure of a nuclear power plant (Neckar-2 reactor), the author examines the legal aspects of public participation in the administrative procedure of licensing/plans approval. The dichotomy of law and technology is covered, and public participation in administrative procedures is derived legally from the basic constitutional rights and the principle of fair hearing. After an outline of specific administrative procedures, public participation as part of administrative procedures is included in the broad legal framework of licensing/plans approval of environmentally related large-scale projects. The author concludes that public participation, within the framework of the basic decisions established by legislature, is not a tool to be used in deciding basic political conflicts. Instead, public participations in the application of law serves to protect the rights of the individual by ensuring fair proceedings paying attention to the subjective rights of the individual. As it is unable to decide political conflicts, it is also an unsuitable means of establishing of basic societal consensus, or of seeking acceptance of large-scale projects. This is reflected also in studies of the legal functions of public participation, according to which the lawfulness of procedures is observed without, however, the legitimacy of the project being achieved. (orig./HP) [de

  14. The Adversarial Principle in Prima Facie Judgments of the Legal Thesis Firmed in the Trial of Repetitive Cases

    Directory of Open Access Journals (Sweden)

    Juliana Provedel Cardoso

    2016-10-01

    Full Text Available The present articles objective is to analyse the highly effective adversarial principle from the Constitutional Democratic State of Law and the cooperative process structure. In this sense, an analysis of the repetitive cases model is made with special relevance to the Civil Procedure Codice 2015, put in evidence the preliminary injunction, the repetitive appeals and the resolution incident repetitive demands. With the establishment of the premises, an analysis of the adversarial principle is made on prima facie judgments of the legal thesis firmed in the trial of repetitive cases, in view of the motivation of the court decision (speech of the case and law (speech of the precedents.

  15. The Legal Ethical Backbone of Conscientious Refusal.

    Science.gov (United States)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

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

  16. Smart Contract Relations in e-Commerce: Legal Implications of Exchanges Conducted on the Blockchain

    Directory of Open Access Journals (Sweden)

    Philippa Ryan

    2017-10-01

    Full Text Available Much of the discussion around blockchain-based smart contracts has focused on whether or not they operate in the same way as legal contracts. However, it is argued that most contracts are social rather than legal in nature and are entered into because the parties trust each other to perform the agreed exchange. Little has been written to address how the blockchain’s trust protocol can enable the kind of social contracting that characterized the way exchanges were conducted before the Internet. This article aims to fill that gap by exploring blockchain-based smart contracts primarily as non-contractual social exchanges.

  17. Smart Contract Relations in e-Commerce: Legal Implications of Exchanges Conducted on the Blockchain

    OpenAIRE

    Philippa Ryan

    2017-01-01

    Much of the discussion around blockchain-based smart contracts has focused on whether or not they operate in the same way as legal contracts. However, it is argued that most contracts are social rather than legal in nature and are entered into because the parties trust each other to perform the agreed exchange. Little has been written to address how the blockchain’s trust protocol can enable the kind of social contracting that characterized the way exchanges were conducted before the Internet...

  18. The Energy Charter Treaty and Related Documents. A Legal Framework for International Energy Cooperation

    International Nuclear Information System (INIS)

    2004-01-01

    The Energy Charter Treaty is a unique instrument for the promotion of international cooperation in the energy sector. Following its entry into force on 16 April 1998, the Treaty, together with the related documents contained in this booklet, provides an important legal basis for the creation of an open international energy market. The Charter process includes the countries of the enlarged European Union, Central and Eastern Europe, the Russian Federation, Central Asia and the Caucasus, as well as Japan, Australia and Mongolia. The Treaty remains open for accession by all countries committed to observance of its principles. It is very positive in this regard that states such as China, Iran, South Korea and the countries of ASEAN are taking a close interest in the Charter process, thus opening up the prospect of a further extension of its geographical scope. The primary challenge facing the constituent members of the Energy Charter process in the coming years will be that of ensuring full implementation of the Treaty's commitments. This will entail increased focus on multilateral cooperation over transit, trade, investments, environmental protection and energy efficiency. By continuing to build on its existing work in these areas, the Charter process stands ready to play a key role in translating the aim of a truly open non-discriminatory energy market into reality. This publication reproduces the text of the following documents: Final Act of the European Energy Charter Conference with all Annexes thereto, as opened for signature in Lisbon on 17 December 1994 and corrected by the Protocol of Correction of 2 August 1996; the Chairman's Statement at Adoption Session on 17 December 1994, as reported in the Note from the Secretariat 42/94 CONF 115; the Joint Memorandum of the Delegations of the Russian Federation and the European Communities on Nuclear Trade, as reported in the Note from the Secretariat 42/94 CONF 115; the Concluding Document of the Hague Conference on

  19. Medication-Related Practice Roles: An Ethical and Legal Primer for School Psychologists

    Science.gov (United States)

    Shahidullah, Jeffrey D.

    2014-01-01

    Given the prevalence of school-age children and adolescents who are prescribed with and are taking psychotropic medications, a critical issue that school psychologists may likely encounter in contemporary practice is providing both quality and continuity of care to these students in the context of relevant legal and ethical parameters. With a…

  20. Legal and Ethical Issues Related to the Management of Cultural Heritage in Space

    Science.gov (United States)

    Walsh, Justin

    in space. The United Nations Outer Space Treaty of 1967 -the primary document governing how nations act in outer space -is now hopelessly out-of-date. There is no mention in the treaty of cultural heritage (the UNESCO convention that concerns international protection of cultural heritage on Earth was not completed until 1970), nor was there any recognition of the role private groups and individuals might play in space exploration. This paper will outline key legal and ethical issues related to cultural heritage management and protection. It will also suggest some ways in which culturally significant sites in space can be protected for future study and even touristic appreciation.

  1. [Burnout syndrome. Legal medicine: analysis and evaluation INAIL protection in cases of suicide induced by burnout within the helping professions].

    Science.gov (United States)

    Carlini, Luigi; Fidenzi, Luca; Gualtieri, Giacomo; Nucci, Giulia; Fagiolini, Andrea; Coluccia, Anna; Gabbrielli, Mario

    2016-01-01

    After a survey of the definition and etiopathogenesis of burnout syndrome (BOS) carried out with the support of the most reliable available literature on the subject, the essay focuses on clinical evaluation (psychometric identification and quantification) of burn-out. In accordance with Circular 71/2003 of INAIL, it is assumed to be essential both legally and scientifically knowledge that the syndrome of burnout, knowledge, which involves an analysis of the case conducted with objective strictness and critical sensibility. It is carried out by collecting data on work history, physiological history, remote and proximal pathological history and performing a physical examination including neuro-psychiatric and psycho-diagnostic tests surveys. Only after the ascertainment of an effective existence of a psychiatric syndrome related to burnout phenomenon indeed, it will be possible (and necessary) to quantify the period of illness and the potential temporary biological damage or, more rarely, a permanent one. Given the difficulty of applying the forensic methodology to BOS (among which: the evaluation of the previous state of the person, the assessment of the causal link, the difficulties of nosographic of mental illness, the near impossibility of adequate prognostic evaluation, the difficulty to identify suitable criteria for establishing the importance and nature of limitations of daily living), in order to quantify the damage as objective as possible, it will be necessary to: 1) reconstruct the previous mental state of the subject; 2) assess the psychopathological condition following the event which the action of recognition focuses on; 3) express the clinical severity graduation judgment of the framework as well as a prognosis regarding the mental disorder found. The second part of the analysis focuses on the relationship between BOS and "helping profession"; specific attention is paid, in this section of work, to the analysis of the relationship between a typical

  2. Book Review: EU External Relations Law: Text, Cases and Materials

    Directory of Open Access Journals (Sweden)

    Graham Butler

    2014-06-01

    Full Text Available This latest textbook contributing to the field of EU external relations law is unique in that it is the first such book in the post-Treaty of Lisbon environment to take a wide-angled look on as many aspects of the growing area as it continues to develop within the legal parameters as set by the Treaties, and it is suitably placed to become the core text for teaching this expanding EU policy field. In their book, EU External Relations Law: Text, Cases and Materials, Van Vooren and Wessel seek to fill the gap in up-to-date literature from a legal standpoint in the field of external relations of the EU, with a book that is suitable for delivery as a core textbook for students of all levels. Their analysis covering fifteen long chapters offers the reader a comprehensive insight into the world of EU external relations law, and allows for a thoroughly better understanding of all the encapsulated issues that are at play.

  3. Legal gaps relating to labour safety and health in the maritime transport sector in Spain.

    Science.gov (United States)

    Rodríguez, Julio Louro; Portela, Rosa Mary de la Campa; Carrera, Paula Vazquez

    2011-01-01

    Nowadays the labour sector is experiencing an important increase in the application of risk prevention policies. Although these policies are very significant due to their repercussions in the health of workers, we noticed important legal gaps in maritime sector regulations. Frequently sea workers are legally abandoned, by exclusion or omission, at the moment of claiming for the improvement of their working environment and the reduction of the negative consequences derived from this negligence over their safety and health. In the present paper we try to shed some light on this topic by analysing and examining minutely the Spanish applicable risk prevention legislation for this sector. Moreover, the recommendations of the International Maritime Organization are compared with the current application of the law. At the same time, we present some possible solutions to such problems from an objective point of view.

  4. Legal and administrative problems related to the treatment and disposal of radioactive wastes

    International Nuclear Information System (INIS)

    Cornelis, J.C.

    1976-01-01

    The consequence of the rapid expansion of nuclear power programmes is that the quantity of radioactive wastes will increase in proportion. These wastes are produced during the different stages of the fuel cycle. The management of these wastes raises certain legal problems particularly regarding the methods for final storage or for sea disposal. All these management methods have an international incidence and these aspects must be studied in step with technical problems. (N.E.A.) [fr

  5. Forensic Medicine in South Africa: Associations between Medical Practice and Legal Case Progression and Outcomes in Female Murders

    Science.gov (United States)

    Abrahams, Naeemah; Jewkes, Rachel; Martin, Lorna J.; Mathews, Shanaaz

    2011-01-01

    Background Forensic medicine has been largely by-passed by the tide of health systems research and evidence based medicine. Murder victims form a central part of forensic medical examiners' case load, and women murdered by intimate partners are an important subgroup, representing the most severe form and consequence of intimate partner violence. Our aim was to describe the epidemiology of female murder in South Africa (by intimate and non-intimate partners); and to describe and compare autopsy findings, forensic medical management of cases and the contribution of these to legal outcomes. Methods We did a retrospective national study in a proportionate random sample of 25 medico-legal laboratories to identify all homicides in 1999 of women aged 14 years and over. Data were abstracted from the mortuary file and autopsy report, and collected from a police interview. Findings In 21.5% of cases the perpetrator was convicted. Factors associated with a conviction for the female murders included having a history of intimate partner violence 1.18 (95%CI: 0.16–2.20), weapon recovered 1.36 (95% CI:0.58–2.15) and a detective visiting the crime scene 1.57 (95% CI:0.14–3.00). None of the forensic medical activities increased the likelihood of a conviction. Conclusion The findings raise important questions about the role of forensic medicine in these cases. PMID:22194868

  6. Forensic medicine in South Africa: associations between medical practice and legal case progression and outcomes in female murders.

    Directory of Open Access Journals (Sweden)

    Naeemah Abrahams

    Full Text Available BACKGROUND: Forensic medicine has been largely by-passed by the tide of health systems research and evidence based medicine. Murder victims form a central part of forensic medical examiners' case load, and women murdered by intimate partners are an important subgroup, representing the most severe form and consequence of intimate partner violence. Our aim was to describe the epidemiology of female murder in South Africa (by intimate and non-intimate partners; and to describe and compare autopsy findings, forensic medical management of cases and the contribution of these to legal outcomes. METHODS: We did a retrospective national study in a proportionate random sample of 25 medico-legal laboratories to identify all homicides in 1999 of women aged 14 years and over. Data were abstracted from the mortuary file and autopsy report, and collected from a police interview. FINDINGS: In 21.5% of cases the perpetrator was convicted. Factors associated with a conviction for the female murders included having a history of intimate partner violence 1.18 (95%CI: 0.16-2.20, weapon recovered 1.36 (95% CI:0.58-2.15 and a detective visiting the crime scene 1.57 (95% CI:0.14-3.00. None of the forensic medical activities increased the likelihood of a conviction. CONCLUSION: The findings raise important questions about the role of forensic medicine in these cases.

  7. Evaluation of approved and non-approved requests for therapeutic abortion in cases referred to legal medicine organization of Lorestan province in 2013

    Directory of Open Access Journals (Sweden)

    peyman Astaraki

    2015-09-01

    Full Text Available Background: Authorizing abortion in some cases of fetal and maternal diseases which was implemented by passing its law in 2005, a major change in therapeutic abortion was performed in Iran,s health system. Although there may be cases of illegal abortion, but our study examined legal abortion of Lorestan province in 2013, which led to increase in awareness of health professionals about indications of therapeutic abortion, the time to do it and answer to related questions. Materials and Methods: In this epidemiological and cross-sectional study, all applications for abortion permission, received by Lorestan legal organization in 2013, were studied. The data were recorded in a questionnaire and analyzed using SPSS software. Results: From 205 cases during a year, 144 of them obtained permission for abortion of which 88% issued for fetal abnormalities and 12% due to illness of the mother. The most common diseases in the fetus were, the brain and skull abnormalities, and in the mothers, cardiovascular diseases and hematologic abnormalities were the highest. In these cases, the most frequency belonged to the age group of 25-34 years. For 61 requests, permission for abortion had not been issued. High gestational age (26 cases and diseases of the brain and skull, were the most common reasons of request for abortion. Conclusion: Abortion means therapeutic abortion and with the increase in the authorized therapeutic abortion, the illegal abortion will be reduced and leads to increase in the health of pregnant women. By increasing awareness of the medical staff about permitted therapeutic abortion and related laws, a correct and better guidance of pregnant women, we can help them to have a healthy community. As well as the problems of obstetricians and gynecologists, in this field, will be decreased.

  8. Abortion, metaphysics and morality: a review of Francis Beckwith's defending life: a moral and legal case against abortion choice.

    Science.gov (United States)

    Nobis, Nathan

    2011-06-01

    In Defending Life: A Moral and Legal Case Against Abortion Choice (2007) and an earlier article in this journal, "Defending Abortion Philosophically"(2006), Francis Beckwith argues that fetuses are, from conception, prima facie wrong to kill. His arguments are based on what he calls a "metaphysics of the human person" known as "The Substance View." I argue that Beckwith's metaphysics does not support his abortion ethic: Moral, not metaphysical, claims that are part of this Substance View are the foundation of the argument, and Beckwith inadequately defends these moral claims. Thus, Beckwith's arguments do not provide strong support for what he calls the "pro-life" view of abortion.

  9. Legal issues relating to the feed-in of biogas under the Gas Network Access Ordinance; Rechtsfragen der Biogaseinspeisung nach der GasNZV

    Energy Technology Data Exchange (ETDEWEB)

    Stappert, Holger; Johannsen, Sven Leif Erik [Luther Rechtsanwaltsgesellschaft mbH, Duesseldorf (Germany)

    2012-07-01

    In the authors' view, the legislature has set itself ambitious goals in regulating the feed-in of biogas into the natural gas grid. Aside from the economic considerations that are leading investors to prefer other investment opportunities there are also a number of unresolved technical issues relating to the feed-in of biogas. Furthermore, network operators find themselves confronted with considerable legal uncertainty as they process grid connection applications, i.e. in the time interval from application submission until contract conclusion. In spite of being allowed only 3 months for processing connection applications, grid operators are required to bind themselves to a high degree in approving an application. This is a particular cause of difficulty given the as yet unresolved technical problems and is accordingly subject to controversy. In those difficult cases where it not possible to guarantee year-round feed-in of biogas into the grid because of unavailability of deodorant plants that would be needed for the ability to backfeed biogas into upstream grids, resolution would often nevertheless be possible if it was clearly indicated that use of a ''bypass solution'' as a means of ensuring overall cost-effectiveness would be accepted as a capacity-enhancing measure for purposes of cost allocation. This would provide grid operators a way of reliably circumventing the technical difficulties associated with deodorisation, enabling them to connect biogas production plants to the grid without having to deal with these technical issues which still await their final resolution. Under the law currently in force there is no legal impediment, subject to the specifics of the individual case, to accepting a bypass solution as a capacity enhancing measure. It would help grid operators in obtaining legal certainty, and ultimately promote investment in biogas projects, if the legislature were to clarify these issues in the Gas Network Access Ordinance.

  10. An audit of the toxicology findings in 555 medico-legal autopsies finds manner of death changed in 5 cases.

    Science.gov (United States)

    Langlois, Neil E I; Gilbert, John D; Heath, Karen J; Winskog, Calle; Kostakis, Chris

    2013-03-01

    An audit of toxicological analysis in Coronial autopsies performed at Forensic Science South Australia was conducted on the cases of three pathologists. Toxicological analysis had been performed in 555 (68 %) from a total of 815 autopsies. It was found that the proffered manner of death was changed from the provisional report (provided immediately after the post-mortem examination) in five cases (just under 1 %) as a consequence of the toxicological findings. This is a limited study as it is retrospective, not all cases had toxicological analysis and the findings are constrained by the range of the substances that could be detected. Nonetheless, the audit supports the application of toxicological analysis in medico-legal death investigation and suggests that an inclusive policy should be adopted.

  11. The Outsourcing In Public Administration: Advantages, Disadvantages And Threats To The Legal Regime Of Labor Relations

    Directory of Open Access Journals (Sweden)

    Fernanda Maria Afonso Carneiro

    2016-12-01

    Full Text Available Outsourcing is a modern management technique where ancillary activities are transferred to other companies. Its use on a larger scale was determined when companies, in an attempt to reduce costs and improve the quality of its products and services, go to focus their attention on core activities, disengaging from the direct execution of core activities. Theoutsourcing has been used frequently by the State. This paper aims to make a general approach on outsourcing with emphasis on its application in the public sector, investigating the possible threats to the legal staffing schemes used by state entities.

  12. Ethical and legal issues related to the donation and use of nonstandard organs for transplants.

    Science.gov (United States)

    Cronin, Antonia J

    2013-12-01

    Transplantation of nonstandard or expanded criteria donor organs creates several potential ethical and legal problems in terms of consent and liability, and new challenges for research and service development; it highlights the need for a system of organ donation that responds to an evolving ethical landscape and incorporates scientific innovation to meet the needs of recipients, but which also safeguards the interests and autonomy of the donor. In this article, the use of deceased donor organs for transplants that fail to meet standard donor criteria and the legitimacy of interventions and research aimed at optimizing their successful donation are discussed. Copyright © 2013. Published by Elsevier Inc.

  13. Case Study of a Coffee War: Using the "Starbucks v. Charbucks" Dispute to Teach Trademark Dilution, Business Ethics, and the Strategic Value of Legal Acumen

    Science.gov (United States)

    Melvin, Sean P.

    2012-01-01

    A Harvard Business School-style teaching case can be a powerful pedagogical tool to teach law and ethics to business students because instructors can combine a traditional business case study with Socratic-style dialogue and legal analysis from a managerial perspective. This teaching note includes suggestions for several methods of using the case,…

  14. The Consent of the Victim as Legal Defence in Cybercrime cases

    Directory of Open Access Journals (Sweden)

    Maxim DOBRINOIU

    2017-05-01

    Full Text Available The rise of Cybercrimes provides with great concerns among users, industry, banking sector or public institutions in terms of how much secure their computer systems or computer data are. Both Ethical and Non-Ethical hacking came-up as viable solutions for any natural or legal person willing to perform its own security checks. Taking into consideration the nature of such security evaluation techniques, that in certain situations may be regarded as cybercrimes, there should be a proper understanding of the circumstances when the victim may grant permission to the attackers to perform specific tasks against its own systems or data, especially when these belongs to a public institution.

  15. Evaluation of Legal Data Protection Requirements in Cloud Services in the Context of Contractual Relations with End-Users

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2014-03-01

    Full Text Available Purpose – to analyse the compliance with basic principles of data protection in selected consumer oriented cloud services contracts, and also to highlight the adequate level of data protection in the mentioned contracts, evaluating existing data protection directive 95/46/EC, also proposed General data protection regulation.Design/methodology/approach – various survey methods have been used in the work integrated. Documental analysis method has been used in analysis of scientific literature, legal acts and other documents, where aspects of legal data protection requirements have been included. Legal documents analysis method together with logical-analytic method has been used in analysing Directive 95/46/EU, Proposal for a regulation of the European Parliament and of the Council and jurisprudence of the European Court of Human Rights. Comparative method has been applied for revealing difference between particular cloud services contracts and also comparing the compliance of cloud services contracts to requirements of basic European data protection principles, established in the international documents.Findings – from the brief analysis of selected consumer oriented cloud service providers, it may be implied that more or less all the legal principles, established in the legal acts, are reflected in the privacy policies and/or service agreements. However, it shall be noted that there is a big difference in wording of the analysed documents. Regarding other principles, all examined cloud service providers do not have indemnification provisions regarding unlawful use of personal data.Research limitations/implications – the concept of the contract was presented in a broad sense, including the privacy policies and/or terms and conditions of the service providers. In accordance with the content of the principles, the authors grouped data protection principles, applied in cloud services into fundamental and recommendatory.Practical implications

  16. Poppers: legal highs with questionable contents? A case series of poppers maculopathy.

    Science.gov (United States)

    Rewbury, Rebecca; Hughes, Edward; Purbrick, Robert; Prior, Stephen; Baron, Mark

    2017-11-01

    Poppers are volatile alkyl nitrite compounds that are inhaled to enhance sexual experience and for their psychoactive effects. A less well-known side effect is foveal maculopathy, which has emerged following changes in their chemical composition. It is unclear if certain individuals are more susceptible to retinal damage or if there is a relationship between pattern of inhalation and brands used. A case series of 12 patients presenting to Sussex Eye Hospital, Brighton, with poppers-related visual impairment. Follow-up data were available in 10 cases, at a median time interval of 5 months (range 0-31 months). Eight samples of poppers were analysed using proton nuclear magnetic resonance spectroscopy. Patients presented with disrupted central vision occurring soon after inhalation. All demonstrated disruption of the inner segment/outer segment junction on spectral domain optical coherence tomography. Six of the brands implicated in causing visual symptoms contained isopropyl nitrite, while Jungle Juice Plus varieties, used without side effects in one case, contained amyl nitrite, 2-methyl butyl nitrite and isobutyl alcohol. In general, symptomatic resolution, alongside partial, if not full, recovery of foveal architecture was observed following abstention. On the basis of the products tested here, it seems that isopropyl nitrite is toxic to the fovea and can cause significant visual disturbance. The production of poppers is unregulated and their popularity is concerning, particularly given their exemption from the Psychoactive Substances Act 2016, which might suggest that they are harmless chemicals. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

  17. The Knowledge Level and Opinions of Physicians about the Medical and Legal Procedures Related to Physical Child Abuse

    Directory of Open Access Journals (Sweden)

    Sema Demirçin

    2017-04-01

    Full Text Available Background: In order to diagnose child abuse, physicians need to consider the possibility of abuse in every child they encounter, have sufficient information about the topic and manage the cases according to current law. Aims: To determine the knowledge level of physicians on child abuse and to learn their opinions about the procedures when they suspect child abuse. Study Design: A questionnaire (cross-sectional study. Methods: A detailed questionnaire was applied to 390 physicians of whom 233 were general practitioners. The first part of the questionnaire included demographic variables (age, gender, occupational experience and the frequency of child physical abuse cases encountered, since that is the most easily diagnosed and proven form of abuse. The second part consisted of 32 questions about diagnosis of physical child abuse and procedures during the follow-up of the cases. Statistical analyses were performed using SPSS version 18.0. Results: Of the participating physicians, 47.4% (n=185 were female and only 13.1% of the physicians had some kind of postgraduate training on child abuse. The correct response rate of specialists compared to general practitioners was significantly higher. A total of 263 (72.3% physicians thought that there was a specific law on physical child abuse in the Turkish Republic. More than two-thirds of physicians thought that reporting should only be addressed to Social Services and physicians should not be obliged to report to law enforcement. Conclusion: The results of the present study adds to the already known necessity for better training of physicians about physical child abuse and the need to refresh their knowledge through postgraduate courses. According to current regulations, it is obligatory to report abuse cases to the public prosecutor and/or police, therefore physicians also need training in respect of the legal status and medico-legal approach to these cases

  18. Groundwater Challenges of the Lower Rio Grande: A Case Study of Legal Issues in Texas and New Mexico

    Directory of Open Access Journals (Sweden)

    Elizabeth Wheat

    2015-03-01

    Full Text Available In 1938, Texas, New Mexico, and Colorado signed the Rio Grande Compact, establishing terms of apportionment for some of the water from the Rio Grande for the three states. Following congressional approval in 1939, this compact governs water allocation in a region with a variable climate and frequent drought conditions and established the Rio Grande Compact Commission, comprised of a commissioner from each state and one from the federal government, to enforce the compact. With an increasing population and declining surface water supply, the Compact has been tested among the parties and within the states themselves. In a case currently before the U.S. Supreme Court, Texas v. New Mexico and Colorado (2013, Texas claims New Mexico is violating the Compact and Rio Grande Project Act by using water in excess of its apportionment through its allowance of diversions of surface and groundwater. The issue is further compounded by disputes within Texas over separate legal regimes for groundwater and surface water. Combined with growing scarcity issues, the allocation of water in the Lower Rio Grande presents a timely natural resource challenge. This review explores legal issues involved in the case as well as growing challenges of population growth, agricultural development needs, and water shortages.

  19. The legal regime of the relations between the center and the administrative-territorial units within the contemporary administrative systems

    Directory of Open Access Journals (Sweden)

    Silvia GORIUC

    2017-12-01

    Full Text Available The decentralization of public administration refers to the process of increasing the autonomy of local communities by transferring new decision-making responsibilities, as well as financial and patrimonial resources, respecting the principle of subsidiarity, reducing current spending and increasing transparency in relation to citizens and increasing the quality and access to public services, or in other words, is a process of transferring authority and administrative responsibilities from central to local government in the areas of planning, decision-making, legal accountability and public service management.

  20. Contrasting Medical and Legal Standards of Evidence: A Precision Medicine Case Study.

    Science.gov (United States)

    Marchant, Gary E; Scheckel, Kathryn; Campos-Outcalt, Doug

    2016-03-01

    As the health care system transitions to a precision medicine approach that tailors clinical care to the genetic profile of the individual patient, there is a potential tension between the clinical uptake of new technologies by providers and the legal system's expectation of the standard of care in applying such technologies. We examine this tension by comparing the type of evidence that physicians and courts are likely to rely on in determining a duty to recommend pharmacogenetic testing of patients prescribed the oral anti-coagulant drug warfarin. There is a large body of inconsistent evidence and factors for and against such testing, but physicians and courts are likely to weigh this evidence differently. The potential implications for medical malpractice risk are evaluated and discussed. © 2016 American Society of Law, Medicine & Ethics.

  1. Legal Treatment Given the Oil leak in the Frade field . Case Study: (i Liability and signing of Conduct Adjustment Term

    Directory of Open Access Journals (Sweden)

    Alexandre Ricardo Machado

    2016-06-01

    Full Text Available This paper is to discuss how were treated  the legal and environmental consequen- ces caused by the large oil spill occurred in the FRADE FIELD, State of Rio de Janeiro, Brazil by the Company CHEVRON Brazil, in the face of brazilian authorities. On the text it will be discussed important decisions taken related to objective liability from the Company due to damages and the theories that have been taken into consideration for the extinction of two public civil actions filed by the Federal Public Ministry by an agre- ement called “Conduct Adjustment Term”. This study will make a chronological analysis of the facts that occurred on the two oil spills and how the company Chevron Brazil handled the incident, especially after be signed the undertaking between this Company, the Federal Public Ministry (MPF, National Agency Petroleum (ANP and the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA solving the two public civil actions and proposals related to incidents in the Frade field in 2011 and 2012. The process also triggered imposition of financial penalties, already collected. On this comments shall be made considerations related to the incident and its “solution” for this legal formula and, given the severity of the accident, the indicated measures show hit or not the sectors involved.

  2. Is The Late Mandibular Fracture From Third Molar Extraction a Risk Towards Malpractice? Case Report with the Analysis of Ethical and Legal Aspects

    Directory of Open Access Journals (Sweden)

    Weuler dos Santos Silva

    2017-06-01

    Full Text Available Objectives: The present study reports a case of late mandibular fracture due to third molar extraction and highlights the inherent clinical, ethical and legal aspects related to this surgical complication. Material and Methods: A female patient underwent surgical procedure for the extraction of the mandibular right third molar. Two days after the surgery the patient reported pain and altered occlusion in the right side of the mandible. After clinical and radiographic re-examination, the diagnosis of late mandibular fracture was established. A second surgery, under general anaesthesia, was performed for the fixation of the mandibular bone. Results: The fractured parts were reduced and fixed with locking plate systems and 2 mm screws following load-sharing principles. The masticatory function showed optimal performance within 7 and 21 days after the surgery. Complete bone healing was observed within 1 year of follow-up. Conclusions: For satisfactory surgical outcomes, adequate surgical planning and techniques must be performed. Signed informed consents explaining the risks and benefits of the treatment must be used to avoid ethical and legal disputes in dentistry.

  3. The right to die in Canadian legislation, case law and legal doctrine.

    Science.gov (United States)

    Plachta, M

    1994-01-01

    This article discusses moral, social, medical and legal problems pertaining to the so-called 'right to die' from the perspective of Canadian criminal legislation (the Criminal Code), constitutional law (the Charter of Rights and Freedoms) and court rulings. Regarding the latter, the opinions delivered in Nancy B v Hôtel-Dieu de Quebec and Rodriguez v British Columbia (Attorney General) are especially significant. In Rodriguez, the Supreme Court of British Columbia unequivocally rejected the petitioner's submission that the Charter of Rights and Freedoms guarantees the right to die. This judgment was upheld on appeal by both the British Columbia Court of Appeal and the Supreme Court of Canada. In addition, the article addresses the complex problem of legislating the right to die in Canada. Several options are examined, such as professional judgment and advance health care directives including living wills and powers of attorney for health care. In this context, the recommendations adopted by both the Law Reform Commission of Canada and provincial commissions are analysed. Finally, the article discusses the legislation proposed recently in Alberta, Manitoba, Newfoundland, Ontario and Saskatchewan. It seems doubtful, however, whether a nation-wide solution will be found in the near future.

  4. Therapeutic Jurisprudence in Health Research: Enlisting Legal Theory as a Methodological Guide in an Interdisciplinary Case Study of Mental Health and Criminal Law.

    Science.gov (United States)

    Ferrazzi, Priscilla; Krupa, Terry

    2015-09-01

    Studies that seek to understand and improve health care systems benefit from qualitative methods that employ theory to add depth, complexity, and context to analysis. Theories used in health research typically emerge from social science, but these can be inadequate for studying complex health systems. Mental health rehabilitation programs for criminal courts are complicated by their integration within the criminal justice system and by their dual health-and-justice objectives. In a qualitative multiple case study exploring the potential for these mental health court programs in Arctic communities, we assess whether a legal theory, known as therapeutic jurisprudence, functions as a useful methodological theory. Therapeutic jurisprudence, recruited across discipline boundaries, succeeds in guiding our qualitative inquiry at the complex intersection of mental health care and criminal law by providing a framework foundation for directing the study's research questions and the related propositions that focus our analysis. © The Author(s) 2014.

  5. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

    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.

  6. The impact of legal vulnerability on environmental inequalities. A case study of coastal populations in Guadeloupe (French Antilles)

    Science.gov (United States)

    Claeys, Cécilia; Arnaud, Aurélie; Lambert, Marie-Laure

    2017-10-01

    This paper draws on sociology, geography and law to analyse the exposure of populations to coastal multihazards in a postcolonial and overseas context. The research is based on a case study conducted in two municipalities in Guadeloupe (French Antilles): Deshaies and Capesterre-Belle-Eau. The corpus of data consists of 52 interviews conducted with inhabitants and institutional actors, as well as a set of spatialized data and a regulatory corpus. The analysis underscores how public policies must contend with a complex territorial reality that is still bound to the postcolonial past and legacy of slavery in Guadeloupe. The potential contradictions between regularization policies, hazard prevention policies and policies to curb insalubrious housing tend to expose the most fragile populations to what we refer to here as legal vulnerability.

  7. Legal Pluralism: Interactions Between Official and Unofficial Laws: The Case Study of a Multi-ethnic Community Farm

    Directory of Open Access Journals (Sweden)

    Gabriela Ribeiro Farinha

    2015-12-01

    Full Text Available A multi-ethnic community farm, located in California, was created in 2011 to be commonly exploited by refugees and emigrants from different countries.This paper aims to describe, as an observable fact, how distinct non-state normativities behave and relate in their dynamic process of interaction, surpassing the usual state/local law bases of analysis.The farm was approved by the state authorities and the NGO has created its regulations. Concomitantly, the distinct communities of farmers have defied and transformed the farm’s regulations by incorporating their competing legal land tenure regimes and legal postulates in the same structure of the unofficial law of the farm, through a common frame of meaning and the enactment of the “autonomy rule”. This has allowed the growers to follow their normativities inside the farm. However, its creation process and daily practice also exposes the relevance of the official law in its constitution, shape and function. En 2011 se creó en California una granja multiétnica comunal, para que fuera explotada en comunidad por refugiados y emigrantes de diferentes países. Este artículo pretende describir, como hecho observable, cómo se comportan y se relacionan normativas no estatales en un proceso dinámico de interacción, superando las bases de análisis estado/local habituales del derecho. Las autoridades estatales aprobaron la granja, y la ONG creó su propia normativa. Al mismo tiempo, las diferentes comunidades de agricultores han desafiado y transformado el reglamento de la granja, incorporando sus regímenes legales de tenencia de tierras vigentes, y los postulados legales en la misma estructura del derecho no oficial, a través de un marco común de significado y la promulgación de la “norma de autonomía”. Esto ha permitido a los productores seguir sus normativas dentro de la finca. Sin embargo, su proceso de creación y práctica diaria también pone de manifiesto la importancia del

  8. Analysis of geodetic and legal documentation in the process of expropriation for roads. Krakow case study

    Science.gov (United States)

    Trembecka, Anna

    2013-06-01

    Amendment to the Act on special rules of preparation and implementation of investment in public roads resulted in an accelerated mode of acquisition of land for the development of roads. The decision to authorize the execution of road investment issued on its basis has several effects, i.e. determines the location of a road, approves surveying division, approves construction design and also results in acquisition of a real property by virtue of law by the State Treasury or local government unit, among others. The conducted study revealed that over 3 years, in this mode, the city of Krakow has acquired 31 hectares of land intended for the implementation of road investments. Compensation is determined in separate proceedings based on an appraisal study estimating property value, often at a distant time after the loss of land by the owner. One reason for the lengthy compensation proceedings is challenging the proposed amount of compensation, unregulated legal status of the property as well as imprecise legislation. It is important to properly develop geodetic and legal documentation which accompanies the application for issuance of the decision and is also used in compensation proceedings. Zmiana ustawy o szczególnych zasadach przygotowywania i realizacji inwestycji w zakresie dróg publicznych spowodowała przyspieszony tryb pozyskiwania gruntów przeznaczonych pod budowę dróg. Wydawana na jej podstawie decyzja o zezwoleniu na realizację inwestycji drogowej wywołuje szereg skutków, tj. m.in. ustala lokalizację drogi, zatwierdza podziały geodezyjne, zatwierdza projekt budowlany a także powoduje nabycie nieruchomości z mocy prawa, przez Skarb Państwa lub jednostki samorządu terytorialnego. Przeprowadzone badania wykazały iż w powyższym trybie miasto Kraków nabyło w okresie 3 lat ponad 31 ha gruntów przeznaczonych na realizację inwestycji drogowych. Odszkodowanie ustalane jest w drodze odrębnego postępowania w oparciu o operat szacunkowy okre

  9. Legal Uncertainty in Criminal Cases Termination Institute Enforcement in Connection with Reconciliation of the Parties

    Directory of Open Access Journals (Sweden)

    Zabuga E. E.

    2014-07-01

    Full Text Available The author analyzes the judicial application practice of the RF Criminal Code, Art. 76, of the RF Criminal Procedure Code (in criminal cases involving crimes small and moderate, Art. 25; some procedural problems are designated.

  10. On the use of law in transatlantic relations: legal dialogues between the EU and US

    NARCIS (Netherlands)

    Fahey, E.

    2014-01-01

    Law plays a significant role in contemporary transatlantic relations outside of the bilateral context which, from the perspective of EU external relations law, might seem neither conventional nor apparent. Non-bilateral transatlantic relations increasingly deploy law as a communication tool between

  11. Medico-legal analysis of a case of mass shooting

    Directory of Open Access Journals (Sweden)

    Roman Kuruc

    2014-12-01

    Full Text Available Despite the existence of organised crime in Slovakia, no case has ever been monitored in which one individual used a firearm against several people, as happens in the U.S. or in Western Europe. The aim of this work is to demonstrate a “unique” case in the history of Slovak criminality, when six members of one family were killed and some other accidental victims were wounded or even killed by one perpetrator using a firearm.

  12. Unstable networks among women in academe: the legal case of Shyamala Rajender.

    Science.gov (United States)

    Kohlstedt, S; Fischer, S

    2009-01-01

    Scientific networks are often credited with bringing about institutional change and professional advancement, but less attention has been paid to their instability and occasional failures. In the 1970s optimism among academic women was high as changing US policies on sex discrimination in the workplace, including higher education, seemed to promise equity. Encouraged by colleagues, Shyamala Rajender charged the University of Minnesota with sex discrimination when if failed to consider her for a tenure-track position. The widely cited case of this chemist was not, however, settled easily and involved nearly a decade of university grievance procedures and litigation that grew to a class action lawsuit. As the case gained national attention and internal resistance stiffened, the clusters of women who had been encouraging flickered, faded and sometimes regrouped. A negotiated settlement (consent decree) ended Rajender's case, and it opened the door for hundreds of other to present their grievances regarding gender discrimination. Networks and support groups proved important but also unstable for individuals who sought equity before and during the implementation of the decree. The Rajender case thus exposes the painful, balky and inevitably contentious process of fighting discrimination. It also demonstrates the power and limits of institutions and litigation, as well as the possibilities and disappointments of informal and formal women's networks.

  13. Ibn Ḥazm on Homosexuality. A case-study of Ẓāhirī legal Methodology

    Directory of Open Access Journals (Sweden)

    Adang, Camilla

    2003-06-01

    Full Text Available This article discusses the views of the teologian and legal scholar Ibn Ḥazm of Cordoba (d. 456/1064 on homosexuality. Although reference is made to his literary work Ṭawq al-ḥamāma, which is rich in anecdotes on homoerotic attraction, the article focuses on Ibn Ḥazm's multivolume legal tract Kitāb al-Muḥallā, a work written from a Ẓāhirī, or literalist perspective. A step-by-step analysis of Ibn Hazm's legal reasoning on homosexuality, both male (liwāṭ and female (siḥāq is provided, and comparisons with the views of other jurist, especially Mālikis, are made. Unlike his Mālikī contemporaries, Ibn Ḥazm holds that homosexuality is not to be equated with fomication (zinā, which incurs the death penalty. Instead, he advocates a relatively mild punishment of up to ten lashes for homosexual practices, based upon his idiosyncratic interpretation of the revealed sources which is illustrated here. Although Ibn Ḥazm is believed by some modem authors to have had homosexual leanings himself, he categorically condemns sexual contacts between members of the same sex as immoral and sinful, and believes that homosexuals should be reformed.

    Este artículo discute las opiniones de Ibn Ḥazm de Córdoba (m. 456/1064 jurista y teólogo, acerca de la homosexualidad. Aunque se hace referencia a su obra literaria Ṭawq al-ḥamāma, rica en anécdotas sobre atracción homoerótica, el artículo se centra en su voluminosa obra legal zahirí Kitāb al-Muḥallā y analiza el razonamiento legal de Ibn Ḥazm sobre la homosexualidad tanto masculina (liwāf como femenina (siḥāq comparándola con la de otros juristas, en particular, malikíes. A diferencia de sus contemporáneos malikíes, Ibn Hazm mantiene que la homosexualidad no debe equipararse a la fornicación (zinā que incurre en la pena de muerte. Por el contrario, aboga por el relativamente suave

  14. Legal, Tender: The Deferred Romance of Pedagogical Relation in "The Paper Chase"

    Science.gov (United States)

    Stillwaggon, James; Jelinek, David

    2011-01-01

    Films depicting educational relationships typically emphasize personal connections between students and teachers over the educational goals that such relations facilitate. In doing so, these films raise the question of how teachers stand in relation to their institutional roles in such a way as to inspire students' desires for knowledge. In this…

  15. Legal review on PTSD defense of adolescent patients in criminal cases

    Directory of Open Access Journals (Sweden)

    Xiaofu Li

    2017-02-01

    Full Text Available Post-Traumatic Stress Disorder is nothing new for Chinese society; however, Chinese courts are hesitated to accept the PTSD as a mental defense for adolescent patients. PTSD defense might be popular in future and court shall give proper weight to relevant factors. It is a big problem that there are no procedures or instructions for the connection between diagnosis and judgment. The paper illustrates the origination of PTSD and its development in USA with some relevant cases. Even the American courts consider PTSD as a problem. And there should be detailed regulations in China to keep pace with the development of science technology.

  16. A micro case study of the legal and administrative arrangements for river health in the Kangaroo River (NSW).

    Science.gov (United States)

    Mooney, C; Farrier, D

    2002-01-01

    Kangaroo Valley is a drinking water supply catchment for Kangaroo Valley village, parts of the Southern Highlands and Sydney. It is also a popular recreation area both for swimming and canoeing. Land use has traditionally been dominated by dairy farming but there has been significant and continuing development of land for hobby farms and rural residential subdivision. Dairy industry restructuring has affected the viability of some farms in the Valley and created additional pressure for subdivision. River health is a function of flows, water quality, riparian vegetation, geomorphology and aquatic habitat and riverine biota. River flows in the Kangaroo River are affected by water extraction and storage for urban water supply and extraction by commercial irrigators and riparian land holders which have a significant impact at low flows. Current water quality often does not meet ANZECC Guidelines for primary contact and recreation and the river is a poor source of raw drinking water. Key sources of contaminants are wastewater runoff from agriculture, and poorly performing on-site sewage management systems. Riparian vegetation, which is critical to the maintenance of in-stream ecosystems suffers from uncontrolled stock access and weed infestation. The management of land use and resulting diffuse pollution sources is critical to the long term health of the river. The Healthy Rivers Commission of New South Wales Independent Inquiry into the Shoalhaven River System Final Report July, 1999 found that the longer term protection of the health of the Kangaroo River is contingent upon achievement of patterns of land use that have regard to land capability and also to the capability of the river to withstand the impacts of inappropriate or poorly managed land uses. This micro case study of Kangaroo Valley examines the complex legal and administrative arrangements with particular reference to the management of diffuse pollution for river health. In the past, diffuse pollution has

  17. SOME LEGAL ASPECTS OF ENERGY SECURITY IN THE RELATIONS BETWEEN EU AND RUSSIA

    Directory of Open Access Journals (Sweden)

    Ovidiu-Horia Maican

    2009-12-01

    Full Text Available The need for a sustainable, secure and competitive energy supply has long been recognized within the Community, and has been addressed on numerous occasions, notably in the Green Papers elaborated by the Commission in 2000 and 2006. Recent supply crises and rapidly escalating fuel prices have focused the minds of leaders across the European Union, as well as those of businesses and individual energy consumers. Energy policy transcends a range of different policy areas, including competition, transport, environment and energy itself. Decisions relating to energy policy in Europe are primarily within the remit of individual Member State governments, with the European Commission’s powers limited to two specific areas (creation of the European single market and matters relating to nuclear safety and security under the EURATOM Treaty. The extent of the transfer of powers towards Europe is clearly a critical decision point and in practice a sensitive balance is likely to be required between those matters for which the Commission should have responsibility and those where Member State governments retain sole authority. European officials are putting into evidence their belief that Europe’s energy predicament is acute and mention energy security as a priority issue for the Common Foreign and Security Policy. Policy commitments say that energy strategy must move beyond the internal sphere and become systematically a part of EU external relations. The Commission’s 2006 Energy Green Paper promised “a better integration of energy objectives into broader relations with third countries”.

  18. Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective

    Directory of Open Access Journals (Sweden)

    M S Pandit

    2009-01-01

    Full Text Available A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.

  19. Legal and institutional tools to mitigate plastic pollution affecting marine species: Argentina as a case study.

    Science.gov (United States)

    González Carman, Victoria; Machain, Natalia; Campagna, Claudio

    2015-03-15

    Plastics are the most common form of debris found along the Argentine coastline. The Río de la Plata estuarine area is a relevant case study to describe a situation where ample policy exists against a backdrop of plastics disposed by populated coastal areas, industries, and vessels; with resultant high impacts of plastic pollution on marine turtles and mammals. Policy and institutions are in place but the impact remains due to ineffective waste management, limited public education and awareness, and weaknesses in enforcement of regulations. This context is frequently repeated all over the world. We list possible interventions to increase the effectiveness of policy that require integrating efforts among governments, the private sector, non-governmental organizations and the inhabitants of coastal cities to reduce the amount of plastics reaching the Río de la Plata and protect threatened marine species. What has been identified for Argentina applies to the region and globally. Copyright © 2015 Elsevier Ltd. All rights reserved.

  20. Forensic human identification in the United States and Canada: a review of the law, admissible techniques, and the legal implications of their application in forensic cases.

    Science.gov (United States)

    Holobinko, Anastasia

    2012-10-10

    Forensic human identification techniques are successful if they lead to positive personal identification. However, the strongest personal identification is of no use in the prosecution--or vindication--of an accused if the associated evidence and testimony is ruled inadmissible in a court of law. This review examines the U.S. and Canadian legal rulings regarding the admissibility of expert evidence and testimony, and subsequently explores four established methods of human identification (i.e., DNA profiling, forensic anthropology, forensic radiography, forensic odontology) and one complementary technique useful in determining identity, and the legal implications of their application in forensic cases. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.

  1. Legal aspects of work related stress in nursing. Exploring the issues.

    Science.gov (United States)

    Abu al Rub, R

    2000-03-01

    Nurses are under a great deal of distress related to a variety of work stressors. Work related stress jeopardizes the mental and physical well being of nurses, as well as the quality of care provided for clients. The Occupational Safety and Health Act of 1970 holds employers responsible for the mental and physical well being of their employees. However, the regulations are not always straightforward concerning compensation claims for mental disabilities due to work stress. Recovery of claims is possible if standards (i.e., personal injury, causal relationship between injury and employment) are met. Requirements for recovery of physical/mental and mental/physical claims are agreed on by most states, whereas mental/mental claims are controversial among states and courts. Nurses can monitor and influence legislation to create requirements to encourage employers to develop preventive approaches to reducing work induced stress.

  2. Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia

    Directory of Open Access Journals (Sweden)

    Saldi Isra

    2017-08-01

    Full Text Available It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles.

  3. Transnational crime and the interface between legal and illegal actors : the case of the illicit art and antiquities trade

    NARCIS (Netherlands)

    Tijhuis, Antonius Johannes Gerhardus

    2006-01-01

    In this PhD study the interface between legal governments and corporations on the one hand, and transnational criminals at the other hand, is analysed in depth. In the first part of the book, a typology of interfaces is developed that can be used to describe interfaces between legal and illegal

  4. Political and Legal Consciousness of Young People in the Region (a Case Study of Jewish Autonomous Region)

    Science.gov (United States)

    Lutsenko, Ekaterina; Tyurina, Yulia; Korolyova, Irina; Shishmakov, Stanislav; Shishmakov, Vladimir; Nikolaeva, Natalia

    2016-01-01

    The paper deals with particularities of political and legal consciousness of young people in view of a region against the background of the general standpoint of the Russian citizens and Russian youth in questions of the political and legal spheres. The opinion of the young people and citizens of the country as a whole is evaluated based on the…

  5. Intellectual property arguments in tobacco industry legal challenges: lessons from recently concluded cases

    Directory of Open Access Journals (Sweden)

    Suzanne Zhou

    2018-03-01

    A substantial body of jurisprudence now confirms that IP does not provide the scope of protection commonly claimed by the industry. Tobacco control practitioners faced with such arguments can be confident that they are unfounded. Country / measure / jurisdiction Australia - plain packaging (WTO dispute settlement system Australia - plain packaging (High Court of Australia Australia - plain packaging (investor-state arbitration Uruguay - restrictions on brand variants and 80% graphic health warnings (investor-state arbitration United Kingdom - standardised packaging (Court of Appeal of England and Wales IP issues Obligation to provide certain trademark protections under TRIPS Protection of trademark as property under constitution Expropriation of trademark as investment under treaty; fair and equitable treatment re treatment of trademarks Expropriation of trademark as investment under treaty; fair and equitable treatment re treatment of trademarks Obligation to provide certain trademark protections under TRIPS and EU law; protection of trademark as property under European and UK law Decided in favour of Pending, reportedly Australia Australia, 2012 Australia, 2015 (dismissed at jurisdictional stage Uruguay, 2016 United Kingdom, 2016 Positive right to use trademark? Pending, point conceded as 'no' by complainants No Not decided No No Public health justification Pending Not applicable Not decided Yes Yes [Recent cases raising trademark issues

  6. Current ethical and legal issues in health-related direct-to-consumer genetic testing.

    Science.gov (United States)

    Niemiec, Emilia; Kalokairinou, Louiza; Howard, Heidi Carmen

    2017-09-01

    A variety of health-related genetic testing is currently advertized directly to consumers. This article provides a timely overview of direct-to-consumer genetic testing (DTC GT) and salient ethical issues, as well as an analysis of the impact of the recently adopted regulation on in vitro diagnostic medical devices on DTC GT. DTC GT companies currently employ new testing approaches, report on a wide spectrum of conditions and target new groups of consumers. Such activities raise ethical issues including the questionable analytic and clinical validity of tests, the adequacy of informed consent, potentially misleading advertizing, testing in children, research uses and commercialization of genomic data. The recently adopted regulation on in vitro diagnostic medical devices may limit the offers of predisposition DTC GT in the EU market.

  7. The legal and regulatory framework relative to safety and environment in the uranium mines in Niger

    International Nuclear Information System (INIS)

    Mahamane, S.

    2001-01-01

    The mining sector holds an important position in Niger economy. Considerable funds have been invested for the promotion, exploration and exploitation of mineral resources since the colonial period. This has resulted in the discovery of numerous deposits among which are those of uranium. Today, uranium represents more than 3/4 of Niger export revenues. The mining sector is supervised by the Ministry of Mines and Energy. The Ministry applies the mining policy as defined by the government. It elaborates legislative and regulatory texts and sees to their implementation. Regarding uranium, mining activities have been governed since 1961 by various orientation laws and implementation decrees. However, to face up to the harmful consequences on national economy of successive drops of price and sales of its major export product, and taking into account the new international requirements relating to economy globalization and sustainable development, Niger set up a diversification strategy of its mining productions as part of which a new mining code particularly incentive has been established in 1993. The new mining code provides significant advantages to investors. These advantages insure them a great cost effectiveness of their investments in Niger and easy and less onerous respect of regulations regarding safety and protection of environment. Tremendous efforts have been, thus, provided by the IAEA, the Ministry of Mines and Energy and the uranium companies for an optimal protection of workers and the public, especially against the hazards of ionizing radiations. This will to improve the situation has resulted in the adoption of several laws and their application decrees as well as various sectorial laws designed by various Ministry departments concerned with environmental issues and risks prevention. Among these texts are the renewal of the order No 31 M/MH which has defined since 1979 the main axis of the Niger regulations as regards to radioprotection and the design of

  8. Cancer patient perceptions on the ethical and legal issues related to biobanking.

    Science.gov (United States)

    Master, Zubin; Claudio, Jaime O; Rachul, Christen; Wang, Jean C Y; Minden, Mark D; Caulfield, Timothy

    2013-03-08

    Understanding the perception of patients on research ethics issues related to biobanking is important to enrich ethical discourse and help inform policy. We examined the views of leukemia patients undergoing treatment in clinics located in the Princess Margaret Hospital in Toronto, Ontario, Canada. An initial written survey was provided to 100 patients (64.1% response rate) followed by a follow-up survey (62.5% response rate) covering the topics of informed consent, withdrawal, anonymity, incidental findings and the return of results, ownership, and trust. The majority (59.6%) preferred one-time consent, 30.3% desired a tiered consent approach that provides multiple options, and 10.1% preferred re-consent for future research. When asked different questions on re-consent, most (58%) reported that re-consent was a waste of time and money, but 51.7% indicated they would feel respected and involved if asked to re-consent. The majority of patients (62.2%) stated they had a right to withdraw their consent, but many changed their mind in the follow-up survey explaining that they should not have the right to withdraw consent. Nearly all of the patients (98%) desired being informed of incidental health findings and explained that the information was useful. Of these, 67.3% of patients preferred that researchers inform them and their doctors of the results. The majority of patients (62.2%) stated that the research institution owns the samples whereas 19.4% stated that the participants owned their samples. Patients had a great deal of trust in doctors, hospitals and government-funded university researchers, moderate levels of trust for provincial governments and industry-funded university researchers, and low levels of trust towards industry and insurance companies. Many cancer patients surveyed preferred a one-time consent although others desired some form of control. The majority of participants wanted a continuing right to withdraw consent and nearly all wanted to be

  9. [Giving medico-legal opinions in cases with suspicion of medical mistake.part 1. between medicine and justice.

    Science.gov (United States)

    Chowaniec, Czesław; Chowaniec, Małgorzata; Wilk, Mateusz

    2017-01-01

    Creating medico-legal opinion is a sophisticated investigative, analytical, decision-making and creative process. Forensic medicine specialist in cooperation with clinical medicine consultants, on the basis of evidence analysis, which was gathered during procedures and contained in the acts has to create an objective and essential opinion. This opinion is a vital, very important and irreplaceable proof in every case. Judicial body consults with forensic medicine specialist or specialists if there are circumstances for settlement of which there is a need of classified informations - art. 193 of Penalty Code. Forensic medicine specialists face many difficulties which may have effect on quality, positiveness of opinion, compliance with the deadline, increasing expectancy of judicial body or sides. It is very difficult to find clinical specialists which except their clinical knowledge have basic knowledge about law, the role and duties of an court expert. In this article we discuss creating-opinion problems, role and position of court expert in confrontation with expectations of judicial body and the Justice with particular emphasis on medical mistakes and assessment of medical proceedings. We show the complexity of creating of medical opinions, especially these institutional.

  10. REVOLUTIONS AND INTERNATIONAL RELATIONS: THE AFRICAN CASE

    Directory of Open Access Journals (Sweden)

    Paulo Fagundes Visentini

    2016-05-01

    Full Text Available Analysis of the impact of revolutions in the International Relations and the World System as constitutive and renewed elements. Criticizes the stance of theories that consider it a domestic phenomenon that causes a systemic disturbance, focusing in the case of the African Revolutions in the 1970s. Explores the international dimension they possess, considering their impact regarding the end of the Cold War, even though it happened in the periphery of the world.

  11. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

    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...

  12. BISPHOSPHONATE - RELATED MUCOSITIS (BRM: A CASE REPORT

    Directory of Open Access Journals (Sweden)

    Pavel Stanimirov

    2017-03-01

    Full Text Available Bisphosphonates (BPs are the most widely used and effective antiresorptive agents for the treatment of diseases in which there is an increase in osteoclastic resorption, including post-menopausal osteoporosis, Paget’s disease, and tumor-associated osteolysis. Oral and maxillofacial surgeons are well aware of the side effects of bisphosphonates and mainly with bisphosphonate-related osteonecrosis of the jaws (BRONJ. Less known are the mucosal lesions associated with the use of these agents. In the scientific literature, there are only few reports of mucosal lesions due to the direct contact of the oral form of BPs with the mucosa (bisphosphonate-related mucositis. They are mostly related to improper use of bisphosphonate tablets that are chewed, sucked or allowed to melt in the mouth before swallowing. Lesions are atypical and need to be differentiated from other mucosal erosions. We present a case of bisphosphonate-related mucositis due to the improper use of alendronate.

  13. Legal issues in radon affairs

    International Nuclear Information System (INIS)

    Massuelle, M.H.

    1999-01-01

    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

  14. Legal issues in radon affairs

    Energy Technology Data Exchange (ETDEWEB)

    Massuelle, M.H. [Inst. de Protection et de Surete Nucleaire, Fontenay aux Roses (France)

    1999-12-01

    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 expertsand 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.

  15. The reception of Roman law in the Romano-Germanic legal family rights: the case of French law

    OpenAIRE

    André Olavo Leite

    2017-01-01

    The Romano-Germanic family of legal systems, also known as the family of civil law, comprehends the group of legal systems that traditionally trace their roots up to the Roman law and the Justinian codifications, and that identify themselves as heirs of several of its characteristics. This paper analyses the example of French law, in order to draw on the permanence of Roman law in the contemporary legal systems of the Romano-Germanic family of rights and to show that its reception in those le...

  16. Ibn Ḥazm on Homosexuality. A case-study of Ẓāhirī legal Methodology

    OpenAIRE

    Adang, Camilla

    2003-01-01

    This article discusses the views of the teologian and legal scholar Ibn Ḥazm of Cordoba (d. 456/1064) on homosexuality. Although reference is made to his literary work Ṭawq al-ḥamāma, which is rich in anecdotes on homoerotic attraction, the article focuses on Ibn Ḥazm's multivolume legal tract Kitāb al-Muḥallā, a work written from a Ẓāhirī, or literalist perspective. A step-by-step analysis of Ibn Hazm's legal reasoning on homosexuality, both male (

  17. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

    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...

  18. Comparison of Transition-Related IEP Content for Young Adults with Disabilities Who Do or Do Not Have a Legal Guardian

    Science.gov (United States)

    Millar, Dorothy Squatrito

    2009-01-01

    IEP transition-related content was compared between young adults with developmental disabilities who had or did not have legal guardians. It was found that students with guardians were more likely to earn a certificate of completion, and wanted to remain living with their families, in comparison to students without guardians who were more likely…

  19. A case of trauma related Acanthamoeba keratitis.

    Science.gov (United States)

    Kamel, A G M; Faridah, H; Yusof, S; Norazah, A; Nakisah, M A

    2004-12-01

    Acanthamoeba is an uncommon cause of keratitis but one of the most severe because of the prolonged and painful course of the disease and poor visual outcome. Although contact lens use is the principal risk factor, about 10% of cases occur following trauma and exposure to contaminated soil or water. Two cases of Acanthamoeba keratitis involving women contact lens wearers have previously been reported in Malaysia but this is the first time, a non contact lens related Acanthamoeba keratitis is reported. The case involved a 28 year old Indonesian male construction worker who had a trauma of the right eye during work. His eye was struck by sand and dust particles after which he quickly washed with water from an open tank at the construction site. He experienced pain, redness, glaring and blurring of vision of the right eye three days later. The diagnosis was missed at initial presentation but culture of the corneal scraping had proven Acanthamoeba as the aetiological agent. The history and clinical findings of this trauma related Acanthamoeba keratitis are briefly discussed.

  20. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    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...

  1. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    Medar Suzana

    2014-01-01

    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

  2. Regulatory and legal issues

    International Nuclear Information System (INIS)

    Raisler, K.M.; Gregory, A.M.

    1999-01-01

    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

  3. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

    The author comments about the knowledge evolution about radioactivity and describes the most important chemical elements capable of discharging it and all the types of radioactivity according with Mendelejef's classification. He analyses the celular sensibility related to many variables, listing the biological effects that may happen depending on the quantity of radiation and exposition time to radiation. He also calls attention to procedures of dosimetry and radioprotection that must be done when anatomo-pathological examination of body fluids, discharges and tissues are carried out, stressing that protective clothing must be wear, decontamination or to make useless the material involved are important to get the job done. A description of the appropriated conditions to perform autopsy, to anoint and to cremate contaminated bodies and the procedures used by the Navy Hospital Marcilio Dias service of anatomo-pathology, Instituto de Radioprotecao e Dosimetria (IRD) and Comissao Nacional de Energia Nuclear (CNEN) is given, based on the experience gained in performing necropsy of dead patients and one anatomo-pathological examination of upper limb amputated inside the surgical room. He finishes describing the macroscopic injuries observed and listing the instrumental used, the reports made, giving details about the necropsy carried out and answering medical-legal matters. (author)

  4. Legalizing markets and the consequences for poaching of wildlife species: the vicuña as a case study.

    Science.gov (United States)

    McAllister, Ryan R J; McNeill, Desmond; Gordon, Iain J

    2009-01-01

    Vicuña provide an excellent case study for examining the sustainable use of wildlife outside protected areas: the community-based conservation approach. Vicuña populations in the high Andes of Argentina, Bolivia, Chile, Ecuador and Perú fell to a critically low level, but a Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) ban on trade in their fiber has seen numbers recover dramatically, and now live shearing of vicuña for a high-value international market is being promoted as a mechanism to secure both sustainable vicuña populations and local livelihoods. We used a dynamic optimization model to explore the consequences of legalizing markets, including the consequences for poaching which is critical in vicuña dynamics. Using parameters obtained from the literature and expert knowledge, we explored different scenarios for the Argentine region of Cieneguillas. Our results showed that the role of the international market is ambiguous; live shearing for an international market can provide the very best of outcomes for both vicuña and local people, with large herds generating high revenues. But an international market also creates a market for poached vicuña fiber; as a result, vicuña numbers risk once again falling to critically low levels, resulting also in minimal revenues from sale of fiber. The message for the international community is that if community-based conservation is not implemented carefully then its impact can easily be perverse.

  5. Case report: polyuria related to dexmedetomidine.

    Science.gov (United States)

    Pratt, Alexandra; Aboudara, Matthew; Lung, Linn

    2013-07-01

    Dexmedetomidine has become a popular sedative in the intensive care unit for patients undergoing mechanical ventilation because of its highly selective α-2 agonism, which exerts a combination of anesthetic, analgesic, and anxiolytic effects. Bradycardia and hypotension have been reported as the most common side effects of its use in large studies. Dexmedetomidine has been reported to induce polyuria by suppressing vasopressin secretion and increasing permeability of the collecting ducts in a dose-dependent fashion. We report a case of dexmedetomidine-related polyuria that occurred with a high-dose continuous infusion and subsequently resolved with discontinuation of the drug. (Anesth Analg 2013;117:150-2).

  6. Legality in multiple legal orders

    NARCIS (Netherlands)

    Besselink, L.F.M.; Pennings, F.J.L.; Prechal, A.

    2010-01-01

    This is the Introductory chapter to The Eclipse of the Legality Principle in the European Union, Edited by Leonard Besselink, Frans Pennings, Sacha Prechal [European Monographs, vol. 75], Kluwer Law International, Alphen aan den Rijn, 2011 [2010], xxv + 303 pp.

  7. Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

    Energy Technology Data Exchange (ETDEWEB)

    Schwarze, J

    1986-01-01

    The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present.

  8. Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

    International Nuclear Information System (INIS)

    Schwarze, J.

    1986-01-01

    The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present. (CW) [de

  9. Correlates of Intentions to Use Cannabis among US High School Seniors in the Case of Cannabis Legalization

    Science.gov (United States)

    Palamar, Joseph J.; Ompad, Danielle C.; Petkova, Eva

    2014-01-01

    Background Support for cannabis (“marijuana”) legalization is increasing in the United States (US). Use was recently legalized in two states and in Uruguay, and other states and countries are expected to follow suit. This study examined intentions to use among US high school seniors if cannabis were to become legally available. Methods Data from the last five cohorts (2007–2011) of high school seniors in Monitoring the Future, an annual nationally representative survey of students in the US were utilized. Data were analyzed separately for the 6,116 seniors who reported no lifetime use of cannabis and the 3,828 seniors who reported lifetime use (weighted Ns). We examined whether demographic characteristics, substance use and perceived friend disapproval towards cannabis use were associated with 1) intention to try cannabis among non-lifetime users, and 2) intention to use cannabis as often or more often among lifetime users, if cannabis was legal to use. Results Ten percent of non-cannabis-using students reported intent to initiate use if legal and this would constitute a 5.6% absolute increase in lifetime prevalence of cannabis use in this age group from 45.6% (95% CI=46.6, 44.6) to 51.2% (95% CI=50.2, 52.2). Eighteen percent of lifetime users reported intent to use cannabis more often if it was legal. Odds for intention to use outcomes increased among groups already at high risk for use (e.g., males, whites, cigarette smokers) and odds were reduced when friends disapproved of use. However, large proportions of subgroups of students normally at low risk for use (e.g., non-cigarette-smokers, religious students, those with friends who disapprove of use) reported intention to use if legal. Recent use was also a risk factor for reporting intention to use as often or more often. Conclusion Prevalence of cannabis use is expected to increase if cannabis is legal to use and legally available. PMID:24589410

  10. Correlates of intentions to use cannabis among US high school seniors in the case of cannabis legalization.

    Science.gov (United States)

    Palamar, Joseph J; Ompad, Danielle C; Petkova, Eva

    2014-05-01

    Support for cannabis ("marijuana") legalization is increasing in the United States (US). Use was recently legalized in two states and in Uruguay, and other states and countries are expected to follow suit. This study examined intentions to use among US high school seniors if cannabis were to become legally available. Data from the last five cohorts (2007-2011) of high school seniors in Monitoring the Future, an annual nationally representative survey of students in the US were utilized. Data were analyzed separately for the 6116 seniors who reported no lifetime use of cannabis and the 3829 seniors who reported lifetime use (weighted Ns). We examined whether demographic characteristics, substance use and perceived friend disapproval towards cannabis use were associated with (1) intention to try cannabis among non-lifetime users, and (2) intention to use cannabis as often or more often among lifetime users, if cannabis was legal to use. Ten percent of non-cannabis-using students reported intent to initiate use if legal and this would be consistent with a 5.6% absolute increase in lifetime prevalence of cannabis use in this age group from 45.6% (95% CI=44.6, 46.6) to 51.2% (95% CI=50.2, 52.2). Eighteen percent of lifetime users reported intent to use cannabis more often if it was legal. Odds for intention to use outcomes increased among groups already at high risk for use (e.g., males, whites, cigarette smokers) and odds were reduced when friends disapproved of use. However, large proportions of subgroups of students normally at low risk for use (e.g., non-cigarette-smokers, religious students, those with friends who disapprove of use) reported intention to use if legal. Recent use was also a risk factor for reporting intention to use as often or more often. Prevalence of cannabis use is expected to increase if cannabis is legal to use and legally available. Copyright © 2014 Elsevier B.V. All rights reserved.

  11. Implicaciones criminológicas de los casos legales recibidos en una unidad de Psiquiatría: Resultados preliminares/ Legal cases received in a Psychiatric unit and it’s criminological implications: Preliminary results

    Directory of Open Access Journals (Sweden)

    Odalis Tibisay Parra Izarra (Venezuela

    2014-01-01

    ,1 % of legal references of the institutions of social formal control. Concluding that there criminological relevance in the "legal cases" referred to the Psychiatry Unit of the IAHULA and, it is suggested, that a professional like the clinical criminologist, of being considered in both instances, could serve of bridge between the Psychiatric Unit and the institutions of social formal control.

  12. Legal instruments and proposals for acts of the European Communities relating to the protection of the environment

    International Nuclear Information System (INIS)

    Lohse, S.

    1992-01-01

    The compilation comprises all legal instruments and proposals for legal instruments of the European Communities in the field of environmental protection which were incorporated in the EDP-aided compilation of the Federal Office for Environmental Protection, specialized field 'Juristic Environmental Issues'. It replaces the preceding compilation as of July 15, 1985, November 1, 1986, December 1, 1988 and March 1, 1991. The volume is subdivided into the sections: General information, regional development law, nature preservation law, law on water pollution control, refuse law, imission control law, atomic energy law, energy and mining law, law on dangerous materials and law on environmental health. (orig.) [de

  13. Linguistic and Cross-Cultural Complexities of A Specialized Legal Item: The ‘True And Fair’ Case

    Directory of Open Access Journals (Sweden)

    Annalisa Zanola

    2014-01-01

    The aim of our contribution is that of analysing the possible linguistic and cross-cultural contexts where the hendiadys true and fair was born, and exploring the meaning implications of the same ‘formula’ during the centuries. We start from the hypothesis that true and fair is a hendiadys, to show that the two terms take strength and completeness one from the other, so as to generate an only complex meaning, whose original usage was, last but not least,  a literary and poetical one. The analysis of the hendiadys moves from the non-legal to the legal context, following steps of the etymological and lexical research methodology.

  14. The interface of legal and esthetic considerations

    Science.gov (United States)

    Richard C. Smardon

    1979-01-01

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

  15. From a Pluralism of Grounds to Proto-Legal Relations: Accounting for the Grounds of Obligations of Justice

    Czech Academy of Sciences Publication Activity Database

    Pavlakos, George

    2017-01-01

    Roč. 30, č. 1 (2017), s. 59-74 ISSN 1467-9337 R&D Projects: GA ČR GA15-23955S Institutional support: RVO:68378122 Keywords : responsibility of justice * pluralism * obligation of justice * Mathias Risse Subject RIV: AG - Legal Sciences OBOR OECD: Law

  16. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    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

  17. The pursuit of the rule of law within a pluri-legal environment: Female circumcision—a case study

    NARCIS (Netherlands)

    Gibson, B.N.

    2014-01-01

    In nations where state law is in conflict with traditional or customary law, significant issues can arise regarding the implementation of and adherence to national laws. A thorough understanding of this phenomenon within the context of legal pluralism is likely to reduce some of this conflict and

  18. The seller's liability for material defects of the goods and the buyer's legal remedies in that case

    Directory of Open Access Journals (Sweden)

    Jovičić Katarina

    2014-01-01

    Full Text Available When the seller, in the sales contracts, delivers the goods with material deficiencies than the buyer will be entitled to use certain legal remedies against him. No legal system today questions this right of the buyer, but neither are the same legal remedies available to him everywhere, nor are the conditions under which they can be used the same. Substantial differences on this issue are noted between continental laws and common laws, but even the legal systems belonging to the same group do not have identical rules about them. That, to a significant extent, may be explained by the fact that the development path of the seller's responsibility for material defects in comparative law was not the same and for that reason an overview of that issue is given at the beginning of this paper. This is followed by the author's analysis of the buyer's notification on the defects of the goods as a condition for the seller's liability for material defects, and then the differences between systems of legal remedies of the buyer in continental and common laws are given, as well as solutions in several characteristic national laws within each group of laws. Rules of the Vienna Convention on contracts for the international sale of goods are exposed as a separate issue, keeping in mind their importance which is, above all, reflected in their impact on changes in national legislation in this area of law. In the conclusion it is noted that these changes flow toward the harmonization of the laws of the sale of goods, which facilitates trade and promotes economic prosperity.

  19. Documents and legal texts

    International Nuclear Information System (INIS)

    2015-01-01

    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)

  20. Legal issues in governing genetic biobanks: the Italian framework as a case study for the implications for citizen's health through public-private initiatives.

    Science.gov (United States)

    Piciocchi, Cinzia; Ducato, Rossana; Martinelli, Lucia; Perra, Silvia; Tomasi, Marta; Zuddas, Carla; Mascalzoni, Deborah

    2018-04-01

    This paper outlines some of the challenges faced by regulation of genetic biobanking, using case studies coming from the Italian legal system. The governance of genetic resources in the context of genetic biobanks in Italy is discussed, as an example of the stratification of different inputs and rules: EU law, national law, orders made by authorities and soft law, which need to be integrated with ethical principles, technological strategies and solutions. After providing an overview of the Italian legal regulation of genetic data processing, it considers the fate of genetic material and IP rights in the event of a biobank's insolvency. To this end, it analyses two case studies: a controversial bankruptcy case which occurred in Sardinia, one of the first examples of private and public partnership biobanks. Another case study considered is the Chris project: an example of partnership between a research institute in Bolzano and the South Tyrolean Health System. Both cases seem to point in the same direction, suggesting expediency of promoting and improving public-private partnerships to manage biological tissues and biotrust to conciliate patent law and public interest.

  1. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

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

  2. Catalog of NASA-Related Case Studies

    Data.gov (United States)

    National Aeronautics and Space Administration — The OCKO has developed over 50 case studies to enhance learning at workshops, training, retreats and conferences. Case studies make mission knowledge attractive and...

  3. Shaping legal abortion provision in Ghana: using policy theory to understand provider-related obstacles to policy implementation

    Science.gov (United States)

    2013-01-01

    Background Unsafe abortion is a major public health problem in Ghana; despite its liberal abortion law, access to safe, legal abortion in public health facilities is limited. Theory is often neglected as a tool for providing evidence to inform better practice; in this study we investigated the reasons for poor implementation of the policy in Ghana using Lipsky’s theory of street-level bureaucracy to better understand how providers shape and implement policy and how provider-level barriers might be overcome. Methods In-depth interviews were conducted with 43 health professionals of different levels (managers, obstetricians, midwives) at three hospitals in Accra, as well as staff from smaller and private sector facilities. Relevant policy and related documents were also analysed. Results Findings confirm that health providers’ views shape provision of safe-abortion services. Most prominently, providers experience conflicts between their religious and moral beliefs about the sanctity of (foetal) life and their duty to provide safe-abortion care. Obstetricians were more exposed to international debates, treaties, and safe-abortion practices and had better awareness of national research on the public health implications of unsafe abortions; these factors tempered their religious views. Midwives were more driven by fundamental religious values condemning abortion as sinful. In addition to personal views and dilemmas, ‘social pressures’ (perceived views of others concerning abortion) and the actions of facility managers affected providers’ decision to (openly) provide abortion services. In order to achieve a workable balance between these pressures and duties, providers use their ‘discretion’ in deciding if and when to provide abortion services, and develop ‘coping mechanisms’ which impede implementation of abortion policy. Conclusions The application of theory confirmed its utility in a lower-middle income setting and expanded its scope by showing that

  4. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

    see bilateral legal transaction whose subject is the future legacy or exactly specified legal issue from legacy, which aims to voluntarily change the law and customs of the established circuit of heirs, who partially performed legal effects among the living, and partly in case of death, the one that differs from the legacy through its irreversibility, we will then find its roots with the Franks and the Langobards, while its first clear shapes and forms we will find as early as XIII century. If we start from this initial premise, bearing in mind that different nations in different historical epochs attained a certain level of cultural, economic and legal emancipation, it is possible to draw another conclusion. It is the fact that disposal of assets in case of death, which meant some form of approval of the one in whose favour assets were disposed (what we would call today a bilateral legal transaction, has always preceded legacy as a unilateral legal transaction. Further on, it means that affatomia and thinx, as well as Morgengabe, can be considered roots in Germanic contractual inheritance law. But if we follow the development of an idea, abstracting the inevitable differences, Babylonian nudunu, Islamic vassijet, donatio mortis causa (from Babylon, through the Spartan and Roman law, to the Mirror of the Saxons, Vergabungen of the Schwabenspiegel, especially the Roman mancipatio familiae last will, can all equally be regarded as the roots of the contractual inheritance.

  5. Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    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.

  6. Necrotizing fasciitis: case series and review of the literature on clinical and medico-legal diagnostic challenges.

    Science.gov (United States)

    Fais, Paolo; Viero, Alessia; Viel, Guido; Giordano, Renzo; Raniero, Dario; Kusstatscher, Stefano; Giraudo, Chiara; Cecchetto, Giovanni; Montisci, Massimo

    2018-04-07

    Necrotizing fasciitis (NF) is a life-threatening infection of soft tissues spreading along the fasciae to the surrounding musculature, subcutaneous fat and overlying skin areas that can rapidly lead to septic shock and death. Due to the pandemic increase of medical malpractice lawsuits, above all in Western countries, the forensic pathologist is frequently asked to investigate post-mortem cases of NF in order to determine the cause of death and to identify any related negligence and/or medical error. Herein, we review the medical literature dealing with cases of NF in a post-mortem setting, present a case series of seven NF fatalities and discuss the main ante-mortem and post-mortem diagnostic challenges of both clinical and forensic interests. In particular, we address the following issues: (1) origin of soft tissue infections, (2) micro-organisms involved, (3) time of progression of the infection to NF, (4) clinical and histological staging of NF and (5) pros and cons of clinical and laboratory scores, specific forensic issues related to the reconstruction of the ideal medical conduct and the evaluation of the causal value/link of any eventual medical error.

  7. Application of legal measures as part of the policy for prevention of corruption in public sphere: Kosovo case

    Directory of Open Access Journals (Sweden)

    Vilard Bytyqi

    2016-07-01

    Full Text Available This paper will address the application of legal measures as part of the policy of corruption prevention in the public sphere. At present, corruption offenses have become a very dangerous phenomenon for the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice, and jeopardizing the essential development and the rule of law. Knowing that these criminal offenses carry a high social risk and are conducted with high professionalism from people who have the state power, a greater focus should be placed on its prevention. Naturally, the criminal sanctions against criminal acts of corruption have their positive effect, punitive and preventive, but these are the last measures that the state should use. The state of Kosovo in an effort to prevent corruption, has established in legal terms an advanced legislation in accordance with international laws and comparable to developed countries.

  8. Human Rights and the Excess of Identity: A Legal and Theoretical Inquiry into the Notion of Identity in Strasbourg Case Law.

    Science.gov (United States)

    Al Tamimi, Yussef

    2018-06-01

    Identity is a central theme in contemporary politics, but legal academia lacks a rigorous analysis of this concept. The aim of this article is twofold: (i) firstly, it aims to reveal presumptions on identity in human rights law by mapping how the European Court of Human Rights approaches identity and (ii) secondly, it seeks to analyse these presumptions using theoretical insights on identity. By merging legal and theoretical analysis, this article contributes a reading of the Court's case law which suggests that the tension between the political and apolitical is visible as a common thread in the Court's use of identity. In case law concerning paternity, the Court appears to hold a specific view of what is presented as an unquestionable part of identity. This ostensibly pre-political notion of identity becomes untenable in cases where the nature of an identity feature, such as the headscarf, is contended or a minority has adopted a national identity that conflicts with the majoritarian national identity. The Court's approach to identity in such cases reflects a paradox that is inherent to identity; identity is personal while simultaneously constituted and shaped by overarching power mechanisms.

  9. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

    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...

  10. Do Illegal Copies of Movies Reduce the Revenue of Legal Products? The case of TV animation in Japan (Japanese)

    OpenAIRE

    TANAKA Tatsuo

    2011-01-01

    Whether or not illegal copies circulating on the internet reduce the sales of legal products has been a hot issue in the entertainment industries. Though much empirical research has been conducted on the music industry, research on the movie industry has been very limited. This paper examines the effects of the movie sharing site Youtube and file sharing program Winny on DVD sales and rentals of Japanese TV animation programs. Estimated equations of 105 anime episodes show that (1) Youtube vi...

  11. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

    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)

  12. First HIV legal precedent in Kyrgyzstan: breach of medical privacy.

    Science.gov (United States)

    Iriskulbekov, Erik; Balybaeva, Asylgul

    2007-12-01

    A recent court case of a breach of the privacy rights of a person living with HIV/AIDS in Kyrgyzstan is the first of its kind in Central Asia, write Erik Iriskulbekov and Asylgul Balybaeva. ADILET, the NGO that brought the case to court, is one of only a few NGOs in Central Asia that provide legal assistance related to HIV and AIDS.

  13. The importance of legal counsel

    Directory of Open Access Journals (Sweden)

    Betsy Fisher

    2017-02-01

    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.

  14. Pathomorphological study on 106 autopsy cases of Thorotrast-related hepatic malignancies with comparison to non-Thorotrast-related cases

    International Nuclear Information System (INIS)

    Kojiro, Masamichi; Ito, Yuji

    1989-01-01

    The pathomorphological features of 106 autopsy cases of Thorotrast-related malignant tumours of the liver were studied and compared to those of non-Thorotrast-related cases. Among the 106 cases, 44 (41.5%) were cholangiocarcinoma, 42 (39.6%) were angiosarcoma, 17 (16.0%) were hepatocellular carcinoma, and three (2.8%) were double cancers. In contrast, in non-Thorotrast-related cases about 90% of the cases were hepatocellular and angiosarcoma was extremely rare. (author)

  15. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

    Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

  16. Selected Legal Challenges Relating to the Military use of Outer Space, with Specific Reference to Article IV of the Outer Space Treaty

    Directory of Open Access Journals (Sweden)

    Anél Ferreira-Snyman

    2015-12-01

    Full Text Available Since the end of the Second World War the potential use of outer space for military purposes persisted to be intrinsically linked to the development of space technology and space flight. The launch of the first artificial satellite, Sputnik 1, by the USSR in 1957 made Western states realise that a surprise attack from space was a real possibility, resulting in the so-called "space-race" between the USA and the USSR. During the Cold War space activities were intrinsically linked to the political objectives, priorities and national security concerns of the USA and the Soviet Union. After the Cold War the political relevance and benefits of space continued to be recognised by states. In view of the recent emergence of new major space powers such as China, the focus has again shifted to the military use of outer space and the potential that a state with advanced space technology may use it for military purposes in order to dominate other states. Article IV of the Outer Space Treaty prohibits the installation of nuclear weapons and weapons of mass destruction in outer space and determines that the moon and other celestial bodies shall be used for peaceful purposes only. Due to the dual-use character of many space assets, the distinction between military and non-military uses of outer space is becoming increasingly blurred. This article discusses a number of legal challenges presented by article IV of the Outer Space Treaty, relating specifically to the term peaceful, the distinction between the terms militarisation and weaponisation and the nature of a space weapon. It is concluded that article IV is in many respects outdated and that it cannot address the current legal issues relating to the military use of outer space. The legal vacuum in this area may have grave consequences not only for maintaining peace and security in outer space, but also on earth. Consequently, an international dialogue on the military uses of outer space should be

  17. The legal concept of ‘heritage’ in the world heritage convention: The case of Yakushima, Island

    Directory of Open Access Journals (Sweden)

    Makoto Hagino

    2016-06-01

    In doing this, it is necessary to introduce strictly defined legal terms from the civil law. In our civil law, the concept of ‘heritage’ is described as one concept, that is, joint-property or inheritance. Inheritance is owned jointly, and it consists of heirs and inheritance obligees, that is, all the peoples of the world. The inhabitants in Yakushima should recognize that they gave everyone from around the world the right to enjoy the naturale environment of their island after it was registered on the WH list.

  18. Legal Strategies Of Mining Companies To Reduce The Impact Of Outsourcing Contracts: Case Studie Of Minas-Rio Project

    Directory of Open Access Journals (Sweden)

    Maria Tereza Fonseca Dias

    2016-12-01

    Full Text Available This paper deals with the legal strategies to be adopted by mining companies to reduce the effects of outsourcing of mining activity in the region of Conceição do Mato Dentro, Alvorada de Minas and Dom Joaquim, Minas Gerais, Brazil. To delimit the object of study, we used bibliographic research and theoretical reference the bases outlined by the City and Otherness Program. As for the proposals for the solution of the problem, concluded the practice management connected to "compliance" in business and hiring insurance policy as a means to curb the practice as illegal or unlawful outsourcing.

  19. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

    This paper suggests that one response to growing scrutiny of authoritarian tactics is to turn to sub-constitutional public law, or private law. By using “ordinary” law in ways that seem consistent with formal and procedural aspects of rule of law, autocrats can nonetheless frustrate the rule of law and consolidate power, while also avoiding drawing unfavourable attention to that consolidation. I refer to this phenomenon as “abusive legalism.” This paper makes three main contributions to the s...

  20. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  1. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  2. Informed consent and the law--an English legal perspective.

    Science.gov (United States)

    Hassan, Majid

    2008-01-01

    'Informed consent' is a widely used term, but its application in a legal perspective can be varied. American and Commonwealth jurisdictions have developed a 'patient-based' true informed consent approach, whereas in the English legal system a 'doctor-based' approach has traditionally been applied in relation to disclosure of risk. This article will seek to compare these approaches and give a brief overview of some of the key legal rulings which have shaped the requirement of consent. The decision in the English case of Chester vs. Afshar is considered as showing the significance the court attached to the principle of autonomy and using ethical and policy considerations to depart from established principles of English law relating to consent to treatment and disclosure of risk. This review is intended as general information and not as legal advice which should be sought from defence organisation and specialist health care lawyers. Copyright 2008 S. Karger AG, Basel.

  3. Legal Aspects of the Web.

    Science.gov (United States)

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

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

  4. Health-related biotechnologies for infectious disease control in Africa: Ethical, Legal and Social Implications (ELSI) of transfer and development.

    Science.gov (United States)

    Sommerfeld, J; Oduola, A M J

    2007-01-01

    The African continent is disproportionately affected by infectious diseases. Malaria, HIV/AIDS, tuberculosis, and more "neglected" diseases including African trypanosomiasis, Buruli ulcer, leishmaniasis, onchocerciasis and trachoma continue to dramatically impact social and economic development on the continent. Health biotechnologies provide potential to develop effective strategies for the fight against the vicious circle of poverty and infections by helping in the development and improvement of novel affordable drugs, diagnostics and vaccines against these diseases. As the prospects of this emerging biotechnology research and deployment of its products become a reality in Africa, there is a need to consider the ethical, legal and social implications of both the scientific and technological advances and their use in the communities. The article provides a short overview of the potential values of biotechnology, issues involved in its transfer and presents the rationale, design and recommendations of the international workshop/symposium held in April 2005 at the International Institute for Tropical Agriculture (IITA) in Ibadan, Nigeria.

  5. [Amblyomma spp. case related to overseas travel].

    Science.gov (United States)

    Beyhan, Yunus Emre; Mungan, Mesut; Babür, Cahit

    2014-01-01

    Ticks are a threat to human health by blood sucking and vectoring many disease agents. Tick-borne diseases are seen all over the world and play an important role in the dissemination of diseases. Although many of the tick species are present in Turkey, Amblyomma genus is seen more in South America and Africa. In this case,a person returning to the country after travelling to Africa who presented to the hospital complaining of tick bites and brought ticks to the parasitology laboratory was identified as Ablyomma spp. nymph. This case is a report concerning care of tick bites when travelling abroad and shows that these ticks can transmit disease agents from abroad.

  6. Are chest radiographs justified in pre-employment examinations. Presentation of legal position and medical evidence based on 1760 cases

    International Nuclear Information System (INIS)

    Ladd, S.C.; Krause, U.; Ladd, M.E.

    2006-01-01

    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

  7. Prawne zagadnienia związane z dostępem do zawodu syndyka = Legal issues related to access to profession of curator in bankruptcy

    OpenAIRE

    Klimczyk, Agata

    2015-01-01

    Klimczyk Agata. Prawne zagadnienia związane z dostępem do zawodu syndyka = Legal issues related to access to profession of curator in bankruptcy. Journal of Education, Health and Sport. 2015;5(8):307-310. ISSN 2391-8306. DOI 10.5281/zenodo.28819 http://dx.doi.org/10.5281/zenodo.28819 http://ojs.ukw.edu.pl/index.php/johs/article/view/2015%3B5%288%29%3A307-310 https://pbn.nauka.gov.pl/works/611539 POL-index https://pbn.nauka.gov.pl/polindex/browse/article/article-4fcd78eb-6ccb-4...

  8. Analysis of Some Punishment Practices Based on Legal-Historical Principles of Iranian Society: Qajar Dynasty Case Study

    Directory of Open Access Journals (Sweden)

    Mohammad Reza Rezaeian Koochi

    2017-04-01

    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.

  9. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

    One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.

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

    Science.gov (United States)

    Beran, Roy G

    2010-04-01

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

  11. A case of eosinophilia related to irradiation

    International Nuclear Information System (INIS)

    Miki, Kozo; Matsumura, Tomohiro; Morishita, Masaharu; Namba, Kazuyuki; Kinoshita, Fumio

    1978-01-01

    A case of marked eosinophilia following radiotherapy for a malignant tumor of the lower jaw was reported. The patient (62 years old, male) was diagnosed as having squamous cell carcinoma, and the received external irradiation of 60 Co (the total dose of 2600 rad/13 f) and the administration of bleomycin (BLM) of 90 mg/6 f. However, the tumor did not disappear completely, and it was extracted. A marked increase of eosinophils was recognized 30 days after the finish of irradiation, and the percentage of eosinophils reached 46%. Moreover, it reached 52% 6 days after that time, but it decreased rapidly by blood transfusion during and after the operation. The percentage of eosinophils after the operation showed a mild or moderate increase. 5 months after the first irradiation, external irradiation of 60 Co with the total dose of 3000 rad/15 f was performed together with the administration of 5-Fu and BudR because of the recurrence. One month after irradiation started again, the percentage of eosinophils increased again to 23%, and after that, a rapid increase was still recognized. The percentage of eosinophils decreased to a normal range after blood transfusion. Eosinophilia in this case was suggested to be caused by radiatiotherapy, because an increase of eosinophils was recognized a certain period after irradiation, allergic reactions by drugs were not recognized on the skin except oral mucosa, and there was no past history of allergic diseases. (Ueda, J.)

  12. Is There a Conjunction Fallacy in Legal Probabilistic Decision Making?

    Directory of Open Access Journals (Sweden)

    Bartosz W. Wojciechowski

    2018-04-01

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

  13. Is There a Conjunction Fallacy in Legal Probabilistic Decision Making?

    Science.gov (United States)

    Wojciechowski, Bartosz W; Pothos, Emmanuel M

    2018-01-01

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

  14. Civil nuclear and responsibilities related to radioactive wastes. The 'cumbersome' wastes of the civil nuclear; The Parliament and the management of wastes from the civil nuclear; The Swiss legal framework related to the shutting down of nuclear power stations and to the management of radioactive wastes; Economic theory and management of radioactive wastes: to dare the conflict

    International Nuclear Information System (INIS)

    Rambour, Muriel; Pauvert, Bertrand; Zuber-Roy, Celine; Thireau, Veronique

    2015-01-01

    This publication presents the contributions to a research seminar organised by the European Centre of research on Risk, Collective Accident and Disasters Law (CERDACC) on the following theme: civil nuclear and responsibilities related to radioactive wastes. Three main thematic issues have been addressed: the French legal framework for waste processing, the comparison with the Swiss case, and the controversy about the exposure of societies to waste-induced risks. The first contribution addressed the cumbersome wastes of the civil nuclear industry: characterization and management solutions, the hypothesis of reversibility of the storage of radioactive wastes. The second one comments the commitment of the French Parliament in the management of wastes of the civil nuclear industry: role of Parliamentary Office of assessment of scientific and technological choices (OPECST) to guide law elaboration, assessment by the Parliament of the management of nuclear wastes (history and evolution of legal arrangements). The next contribution describes the Swiss legal framework for the shutting down of nuclear power stations (decision and decommissioning) and for the management of radioactive wastes (removal, financing). The last contribution discusses the risk related to nuclear waste management for citizen and comments how economists address this issue

  15. LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA

    Directory of Open Access Journals (Sweden)

    Edina Šehrić

    2016-09-01

    Full Text Available The institute of administrative contract was mentioned for the first time in the legislation of our country in the Preliminary Draft to the Law on Amandments of the Law on Administrative Procedure of Bosnia and Herzegovina from 2012. Although insufficiently, the first step is made towards fullfillment of the reform requirements in the area of admisitrative procedure on the way to the European integration and in accordance with the changed role of administration and the need for improvement of cooperation between the administration and citizens, or legal entities. In Bosnia and Herzegovina there is still no general legal regulation of administrative contracts, but administrative contracts are subjects to specific laws and as such already exist in the legal system. After some introductory remarks, the paper deals with the concept and characteristics of administrative contracts, and also presents legal regulation of administrative contracts highlighting their specificities and differences in relation to private law contracts. The importance of general legal norm governing administrative contracts is especially emphasized, as well as their importance for reform processes in our country. Accordingly, the importance of introducing a complaint as a legal remedy that a client can use if the public authority fails to meet contractual obligations is pointed out, but also the possibility of judicial protection in case of legal dispute.

  16. Energy Flexibility from Large Prosumers to Support Distribution System Operation—A Technical and Legal Case Study on the Amsterdam ArenA Stadium

    Directory of Open Access Journals (Sweden)

    Dirk Kuiken

    2018-01-01

    Full Text Available To deal with the rising integration of stochastic renewables and energy intensive distributed energy resources (DER to the electricity network, alternatives to expensive network reinforcements are increasingly needed. An alternative solution often under consideration is integrating flexibility from the consumer side to system management. However, such a solution needs to be contemplated from different angles before it can be implemented in practice. To this end, this article considers a case study of the Amsterdam ArenA stadium and its surrounding network where flexibility is expected to be available to support the network in the future. The article studies the technical aspects of using this flexibility to determine to what extent, despite the different, orthogonal goals, the available flexibility can be used by various stakeholders in scenarios with a large load from electric vehicle charging points. Furthermore, a legal study is performed to determine the feasibility of the technical solutions proposed by analysing current European Union (EU and Dutch law and focusing on the current agreements existing between the parties involved. The article shows that flexibility in the network provided by Amsterdam ArenA is able to significantly increase the number of charging points the network can accommodate. Nonetheless, while several uses of flexibility are feasible under current law, the use of flexibility provided by electric vehicles specifically faces several legal challenges in current arrangements.

  17. Should a doctor stop rendering medical services? Part II – Analysis of medico-legal conduct in cases of uncertainties regarding informed consent in minors. The Polish perspective

    Directory of Open Access Journals (Sweden)

    Justyna Zajdel

    2014-06-01

    Full Text Available introduction. The doctor’s decision whether to save the life of a minor who has attempted to commit suicide depends on the decision of the person who, under legal regulations, is responsible for the minor. In everyday medical practice doctors are often placed in difficult situations and often cannot make any decision. Such doubts arise when it is impossible to contact the person(s responsible for the minor. The doctor encounters similar issues when the parents of a minor under 16 years of age express different opinions on the recommended procedures, and are against the doctor’s decision and do not want their child to be hospitalized. materials and methods. The current legislation and doctrine was analyzed and an attempt was made to determine the way of conduct with regard to suicidal minors, and algorithmize the way of conduct towards such suicidal minors. The conduct was discussed on the two examples, based on real clinical cases. results. With regard to minors in a clinical state demanding urgent procedures, who have of the decision made by the guardian, and regardless of the fact there is no contact with the guardian. If the status is stable, the physician’s modus operandi depends on various accompanying circumstances. However, he is still obliged to provide medical help. discussion. A practical algorithm is presented and all the possible legal variations discussed and clarified.

  18. Disciplinary and Legal Actions Against Dermatologists in Canada.

    Science.gov (United States)

    Nasseri, Eiman

    2016-01-01

    Dermatologists face a litany of professional and legal risks in practice. To review cases of disciplinary and legal action against dermatologists in Canada. The Canadian Medical Protective Association, all 10 provincial medical colleges, and the Canadian Legal Information Institute were contacted to obtain data on legal or disciplinary action taken against dermatologists in their records. A literature review was performed regarding litigation against dermatologists in other countries. Six dermatologists in Canada faced disciplinary action in the last 5 to 30 years. Seven dermatologists and 5 other specialists in Canada faced lawsuits relating to dermatology in the last 1 to 144 years. Procedures and therapy are the most frequently sources of lawsuits against dermatologists both at home and abroad. Dermatologists need to remain vigilant to avoid disciplinary action and lawsuits from their increasing and varied interactions with patients. © The Author(s) 2015.

  19. Legal and ethical issues regarding social media and pharmacy education.

    Science.gov (United States)

    Cain, Jeff; Fink, Joseph L

    2010-12-15

    Widespread use of social media applications like Facebook, YouTube, and Twitter has introduced new complexities to the legal and ethical environment of higher education. Social communications have traditionally been considered private; however, now that much of this information is published online to the public, more insight is available to students' attitudes, opinions, and character. Pharmacy educators and administrators may struggle with the myriad of ethical and legal issues pertaining to social media communications and relationships with and among students. This article seeks to clarify some of these issues with a review of the legal facets and pertinent court cases related to social media. In addition, 5 core ethical issues are identified and discussed. The article concludes with recommendations for pharmacy educators with regard to preparing for and addressing potential legal issues pertaining to social media.

  20. Bank guarantee in Serbian and European legal systems

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

    Full Text Available The paper analyses a bank guarantee as an institute derived from a surety contract. By issuing a bank guarantee the bank commits to the creditor that it will fulfill valid and due liabilities of a debtor, in the event of default by the debtor. This collateral demonstrates significant advantages as compared to other personal assets, particularly with regards to a higher level of protection to creditors in contractual relations. Due to the aforementioned benefit the institute has been increasingly applied in legal dealings, both in our and other legal systems. In the paper, I will point out normative solutions in terms of regulation of a bank guarantee as a specific legal activity in which there is no accessoriness, which is not the case with security. This research particularly focuses on the comparative legal analysis of this collateral.

  1. Money Laundering. Aspects of Legal and Criminal Issues

    Directory of Open Access Journals (Sweden)

    Alina DUMITRACHE

    2011-11-01

    Full Text Available This study aims at analyzing objectively various techniques and methods of money laundering, both in classical and modern ways, by presenting case studies from the legal practice in Romania, in an attempt to clarify a number of issues related to the complexity of this crime, current and future tendencies of financial criminals for laundering proceeds of crime. Also, according to the analysis of comparative law performed in the last chapter, we highlighted a number of similarities and differences between the Romanian legislation and the legislative laws of other states, surprising the forms and effects of money laundering on the studied national systems as well as highlighting the measures for preventing and fighting against these crimes adopted by the analyzed legal systems. The comparative approach of the criminal and legal framework of preventing and combating money laundering is essential for the Romanian legal system efficiency in this matter.

  2. [Sarcoidosis related pleural effusion: 6 case reports and literatures review].

    Science.gov (United States)

    Wang, Feng; Tong, Zhaohui; Wang, Zhen; Wang, Xiaojuan; Xu, Lili

    2015-02-01

    To summarize the clinical features and the diagnosis-treatment points of sarcoidosis related pleural effusion. Six typical sarcoidosis related pleural effusion cases with pathological evidence were reviewed, and the clinical data of these cases were retrospectively analyzed and the related literatures were reviewed. The literature review was carried out respectively with "sarcoidosis", "pleural disease" and "pleural effusion" as the keywords in CNKI and PubMed database by January 2014. Six cases, including 1 male and 5 females, with sarcoidosis related pleural effusions were reported. 3 cases had bilateral effusions, 2 cases had left effusion and 1 case had right effusion. The pleural effusion routine test had a low specificity, which demonstrated that the fluid was exudate and consisted with large number of lymphocytes. 3 of these cases were diagnosed by medical thoracoscopy. Medical thoracoscopy revealed that pleural involvement was variable with multiple nodulespresent in some cases and subtle change in others. A total of 28 literatures and 92 cases with pleural involvement in sarcoidosis were retrieved from CNKI and PubMed database (time range: 2004.1-2014.1), including 59 cases of pleural effusion, 29 cases of pleural thickening, 3 cases of pneumothorax and 1 case of nodules in pleura. Pleural involvement in sarcoidosis was often misdiagnosed or mistreated as tuberculous pleurisy because the routine tests regarding pleural effusion usually had a low specificity. Medical thoracoscopy could provide clinicians with important clues to assist differentiation of the cause for non-conclusive pleural effusion in this situation.

  3. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

    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...

  4. Pathomorphological study on 106 autopsy cases of Thorotrast-related hepatic malignancies with comparison to non-Thorotrast-related cases

    International Nuclear Information System (INIS)

    Kojiro, Masamichi; Ito, Yuji

    1989-01-01

    The pathomorphological features of 106 autopsy case of Thorotrast (TH)-related malignant tumours of the liver were studied and compared to those of non-Thorotrast-related cases. Among the 106 cases, 44 (41.5%) were cholangiocarcinoma (CHC), 42(39.6%) were angiosarcoma (AGS), 17(16.0%) were hepatocellular carcinoma (HCC), and three (2.8%) were double cancers. In contrast, in non-Thorotrast-related cases about 90% of the cases were hepatocellular and angiosarcoma was extremely rare. (author)

  5. Participação da radiologia nas perícias necroscópicas de baleados realizadas no Instituto Médico-Legal do Rio de Janeiro The role of radiology in autopsy in gunshot wounds cases performed at "Instituto Médico Legal" of Rio de Janeiro

    Directory of Open Access Journals (Sweden)

    Silvia Falcão de Oliveira

    2005-04-01

    Full Text Available OBJETIVO: Este trabalho aborda as conseqüências de laudos necroscópicos incompletos de baleados, nos casos em que não foi possível o uso de recursos radiológicos para localizar os projéteis de arma de fogo. MATERIAIS E MÉTODOS: Foram analisados 8.185 laudos necroscópicos do Instituto Médico-Legal Afrânio Peixoto, Rio de Janeiro, RJ, referentes à demanda total de cadáveres no período de 1º de janeiro a 31 de dezembro de 2001, dos quais 3.122 casos corresponderam a necropsias de baleados. RESULTADOS: Desses casos, 309 corpos foram sepultados contendo ainda, no seu interior, projéteis de arma de fogo, podendo suscitar futuras indagações judiciais. No mesmo período foram solicitadas 23 exumações, 12 delas com a finalidade de recolher projéteis. Foram calculados os gastos relacionados à realização de necropsias de baleados - R$ 996,85 - e custos alusivos à realização de exumações com a finalidade de recolher projéteis de arma de fogo - R$ 1.155,40, visando a estabelecer o montante financeiro que poderia ser poupado pelos cofres públicos, a ser alocado para finalidades outras, se a perícia médico-legal de baleados, no exame inicial, obtivesse sucesso. CONCLUSÃO: Os resultados permitiram concluir que todos os atos necroscópicos de baleados devem seguir protocolos específicos, uma vez que perícias incompletas exigem exumação posterior, com gastos adicionais desnecessários.OBJECTIVE: To evaluate the consequences of incomplete necropsy reports of gunshot victims, in cases in which radiological methods were not used to locate the firearm projectiles. MATERIALS AND METHODS: A total of 8,185 necropsy reports of "Instituto Médico-Legal Afrânio Peixoto", Rio de Janeiro, Brazil, were reviewed. This corresponds to the total number of corpses of the period from January to December 2001, and 3,122 of these consisted of autopsies of gunshot victims. RESULTS: Out of these 3,122, 309 bodies were buried with the firearm

  6. The Seizure of Shares Due to Shareholder’s Personal Debt: a Historical Study of the Evolution of the Legal Treatment and Case Law Towards The Institute

    Directory of Open Access Journals (Sweden)

    Alexandre Ferreira de Assumpção Alves

    2016-12-01

    Full Text Available Historical analysis of the legal treatment of the seizure of shares due to shareholder’s personal debt and the impacts of such measure on the affectio societatis. In order to do so, with the usage of the deductive method of research, hereby it will be presenting two different views on the issue: a first one based solemnly on the rules and principles the are commonly accepted and a second based on logical arguments. Afterwards, the two premises are going to be confronted in order achieve the best answers. Moreover, with the usage of bibliographical and documental research, this work intends to demonstrate how the seizure of shares has evolved from an impossibility, under the terms of the article 292 of the Commercial Code, to a reality, whereas the seizure is now possible even on those cases where the article of association lacks the regulation on the issue.

  7. Transboundary river basin management in Europe
    Legal instruments to comply with European water management obligations in case of transboundary water pollution and floods

    Directory of Open Access Journals (Sweden)

    Andrea M. Keessen

    2008-12-01

    Full Text Available Although modern European water policy follows a river basin approach where Member States have to cooperate in order to achieve a ‘good status’ of their water bodies, the obligations arising from the European water directives are to be achieved by each Member State individually. This situation creates problems when water pollution and water quantity problems cross borders. It is still unclear whether Member States can be held responsible for not achieving objectives due to causes (partly originating abroad. This article describes some of the legal instruments that water authorities have at their disposal to comply with the European water management obligations in case of transboundary water pollution and floods and thus shape transboundary river management. The article describes instruments to create, implement and enforce transboundary cooperation, and addresses the possibility of transboundary compensation if cooperation fails. Here, the focus is on a civil lawsuit before a domestic court.

  8. Case study analysis of legal and institutional obstacles and incentives to the development of the hydroelectric potential at Goose River, Maine

    Energy Technology Data Exchange (ETDEWEB)

    None,

    1980-05-01

    The case study is an analysis of the legal, institutional, and financial incentives and obstacles to the development of the hydroelectric potential on the Goose River in Maine. The Goose River project concerns development by a private developer, Maine Hydro-Electric Development Corporation. The project is comprised of a five-dam system, with the first dam located at Swan Lake and the fifth dam about one mile from the sea. It will utilize the 7500 acre-feet of storage capacity of Swan Lake to run the four downstream power stations. The system is designed to generate 430 kWs of total capacity which would be sold to Central Maine Power, the local investor-owned public utility.

  9. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

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

  10. Karojisatsu in Japan: characteristics of 22 cases of work-related suicide.

    Science.gov (United States)

    Amagasa, Takashi; Nakayama, Takeo; Takahashi, Yoshitomo

    2005-03-01

    With the rapidly increasing number of work-related suicides in Japan (Karojisatsu, in Japanese), both applications for worker's compensation insurance and civil suits are proliferating. The phenomenon of work-related suicide is examined along with the process and related factors. With informed consent from bereaved families, two certified psychiatrists independently reviewed and summarized 22 insurance and legal reports filed by psychiatrists on employee suicides that were related to heavy workloads. A clinical epidemiologist participated in discussions with psychiatrists to reach a consensus concerning the cause of the suicides. Only one case involved a female. Seventeen had experienced personnel changes, such as a promotion or transfer. Low social support was recognized in 18, high psychological demand in 18, low decision latitude in 17, and long working hours in 19 cases (more than 11 hours per day for 3 months or more, and without a day off in 9). The subjects had depressive episodes by the ICD-10 criteria and showed suicidal signs. Ten of them saw a general practitioner because of unspecified somatic complaints, but no effective measures were taken. None of them had a history of psychiatric consultation or had received mental health education dealing with job stress management. Although causality cannot be made from this case series report, we hypothesize that long working hours, heavy workloads, and low social support may cause depression, which can lead to suicide. Appropriate countermeasures are urgently needed and the present findings suggest some of them are possible.

  11. Competence to stand trial evaluations of sovereign citizens: a case series and primer of odd political and legal beliefs.

    Science.gov (United States)

    Parker, George F

    2014-01-01

    Sovereign citizens hold a variety of beliefs that challenge the legitimacy of the United States government and criminal justice system. In criminal cases, sovereign citizens typically raise a variety of seemingly strange objections to the proceedings that can cause court participants to believe the defendant is not competent to stand trial. The author's case files were reviewed to identify all defendants who espoused sovereign citizen beliefs during a court-ordered competence-to-stand-trial evaluation. This case series consisted of nine evaluations completed between 2003 and 2012. A review of the outcomes in these cases showed that sovereign citizens typically have the capacity to understand criminal proceedings and assist an attorney. © 2014 American Academy of Psychiatry and the Law.

  12. [Work-related stress and mobbing: case series and gender differences].

    Science.gov (United States)

    Tonini, Stefano; Lanfranco, Andrea; Costa, Maria Cristina; Lumelli, Diego; Giorgi, Ines; Mazzacane, Fulvio; Scafa, Fabrizio; Candura, Stefano M

    2011-01-01

    The attention of international agencies and scientific community on mobbing (bullying) and work-related stress is increasing. However, research on gender differences and etiologic agents is still limited. This study describes the gender differences found in victims of mobbing and work-related stress in an Italian case series. Between 2001 and 2009, at the Occupational Medicine Unit of our Institution we examined 345 outpatients (197 women and 148 men) for suspected psychopathological work-related problems. After interdisciplinary diagnostic evaluation, the diagnosis of "mobbing syndrome" was formulated, according to international criteria (ICD-I0 and DSM-IV), in a minority of cases: 35 subjects. In the other workers, we found pre-existing psychiatric conditions (not related to work), or altered relationships dynamics with the colleagues. Significant gender differences emerged among people with "mobbing syndrome": there was a high prevalence of women (65%), with medium to high level of education; the most affected age group was between 34 and 45 years; several occupations were involved, with a clear preponderance of office workers. Women are mostly harassed for personal aspects related to emotional and relational factors; men for the content of their work. The knowledge of the phenomenon is an essential prerogative to contrast mobbing; this can be realized, at a preventive level, only through effective information and training for workers and employers, who have the legal obligation to preserve the integrity of the mental and physical status of their employees during the work.

  13. Legal bases of resource policy in the Federal Republic of Germany. A contribution towards law-related geography. Die rechtlichen Grundlagen der Ressourcenpolitik in der Bundesrepublik Deutschland. Ein Beitrag zur Rechtsgeographie

    Energy Technology Data Exchange (ETDEWEB)

    Graafen, R

    1983-01-01

    This work from the field of law-related geography deals with the legal regulations issued in the framework of resource policy and with their territorial effects. One of the purpose of law-related geography is to present those legal regulations which bear on territory in a manner easy to survey. The different legal forms to be considered (law, legal regulation, administrative regulation, statutes, law of the (European Community etc.) provide a means of approach. From the peculiarities of the individual legal forms it is possible to tell for instance in how far they possess validity as against citizens or only as against authorities, in how far they are cogent or only constitute recommendations, or whether citizens are allowed to participate in the precise definition of regulations, what standard of European Community law are immediately applied in the Federal Republic of Germany, or what the order of priority of legal regulations is. The study investigates above all the territory-related consequences of regional and land use planning, the federal mining law, energy policy with regard to black coal, brown coal, petroleum and naturel gas, of the planning of power plans sites, local supply concepts, transport infra-structure policy, the federal immission protection law and of regulations for the protection of nature or governing forest and water management. (orig./HSCH).

  14. [Asylum Law and Mental Health: An Interdisciplinary Analysis of the Coaction of Medical and Legal Aspects].

    Science.gov (United States)

    Hanewald, Bernd; Gieseking, Janina; Vogelbusch, Oliver; Markus, Inessa; Gallhofer, Bernd; Knipper, Michael

    2016-04-01

    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.

  15. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

    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.

  16. Intelligent Flowcharting Developmental Approach to Legal Knowledge Based System

    Directory of Open Access Journals (Sweden)

    Nitin Balaji Bilgi

    2011-10-01

    Full Text Available The basic aim of this research, described in this paper is to develop a hybrid legal expert system/ knowledge based system, with specific reference to the transfer of property act, within the Indian legal system which is often in demand. In this paper the authors discuss an traditional approach to combining two types of reasoning methodologies, Rule Based Reasoning (RBR and Case Based Reasoning (CBR. In RBR module we have interpreted and implemented rules that occur in legal statutes of the Transfer of property act. In the CBR module we have an implementation to find the related cases. The VisiRule software made available by Logic Programming Associates is used in the development of RBR part this expert system. The authors have used java Net Beans for development of CBR. VisiRule is a decision charting tool, in which the rules are defined by a combination of graphical shapes and pieces of text, and produces rules.

  17. A medical-legal review regarding the standard of care for epidural injections, with particular reference to a closed case.

    Science.gov (United States)

    Helm, Standiford; Glaser, Scott; Falco, Frank; Henry, Brian

    2010-01-01

    Interventional pain management is an evolving field, with a primary focus on the safety of the patient. One major source of risk to patients is intraarterial or intraneural injections. Interventional pain physicians have considerable interest in identifying techniques which avoid these complications. A recent article has reviewed complications associated with interventional procedures and concluded that the complications were due to deviation from a specific prescribed protocol. One of the cases reviewed went to jury trial and the record of that case is in the public domain. Two of the authors of the recent review were expert witnesses in the trial. They provided conflicting testimony as to alleged violations of the standard of care. Their criticisms also differed from a third criticism contained in the article as well as the protocol being advocated in the article, thus contravening the claim that there is one prescribed protocol which must be followed. The definition of standard of care varies amongst jurisdictions, but is generally defined as either that care which a reasonably well-trained physician in that specialty would provide under similar circumstances or as what would constitute reasonable medical care under the circumstances presented. Analysis of the case which went to trial indicates that there is not one prescribed protocol which must be followed; the definition of standard of care is broader than that. Interventional pain management is an evolving field and the standard of care is broadly defined.

  18. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

    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....

  19. Legal technique: approaches to section on types

    Directory of Open Access Journals (Sweden)

    І. Д. Шутак

    2015-11-01

    Full Text Available Legal technique is a branch of knowledge about the rules of doing legal work and creating in the process a variety of legal documents, which had previously been part of the theory of law. In modern conditions of the legal technique are isolated in a separate branch of legal science, focused on solving practical problems. The purpose of this article is to analyze the types of legal techniques, in particular, on the basis of theoretical propositions about legal technique to allocate substantial characteristics and types of legal technique. O. Malko and M. Matuzov consider legal technique as a set of rules, techniques, methods of preparation, creation, registration of legal documents, their classification and accounting for their excellence, efficient use. A similar meaning is investing in this concept Alekseev, determining that the legal technique is a set of tools and techniques used in accordance with accepted rules in the formulation and systematization of legal acts to ensure their perfection. So, legal technique – theoretical and applied legal science, which studies the regularities of rational legal practice in the creation, interpretation and implementation of law. In relation to the type of legal techniques in the literature proposed different classifications. For example, G. Muromtsev technique, which is used only in the field of law, divide on the technique of law-making (legislative technique, technique of law enforcement, interpretation, technique of judicial speech, interrogation, notarial activities. V. Kartashov shared legal technique on law making and enforcement (prorealtime, interpretive yourself and prevacidrebatezw, judicial or investigative, prosecutorial, and the like. Some authors clearly indicate that the criterion by which to distinguish types of legal techniques. So, S. Alekseev notes that legal technique is classified from the point of view of the legal nature of the act made on: a techniques of legal acts; b the

  20. Conflicts Related to Natural Resources Exploitation: A Case Study of ...

    African Journals Online (AJOL)

    Conflicts Related to Natural Resources Exploitation: A Case Study of Oil Crisis in Nigeria's Niger Delta Region and its Socio-Political and Economic Implications. ... on the environment leading to pollution of land, rivers, creeks and waterways.

  1. Legal process, litigation, and judicial decisions.

    Science.gov (United States)

    Beresford, H Richard

    2013-01-01

    Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

  2. Legal pluralism and social justice in economic and political development

    NARCIS (Netherlands)

    Benda-Beckmann, von F.

    2001-01-01

    Legal pluralism is an approach which accepts the possibility that within any given polity, there can be more than one 'legal order' and that the state is not the exclusive source of legal regulation. Nevertheless, defining whether a particular claim or social relation is legally sanctioned is a

  3. Building the South African Nation through Legal Deposit: The Impact ...

    African Journals Online (AJOL)

    The legal deposit of and preservation of digital materials depends on the proper legislative framework and implementation of the Legal Deposit Act. This article examines the challenges related to legal instruments affecting the legal deposit of digital materials in South Africa. Two main objectives of the study upon which this ...

  4. Strategic and legal framework in forestry and related sectors: Climate change mitigation in European Union and Serbia

    Directory of Open Access Journals (Sweden)

    Ranković Nenad

    2016-01-01

    Full Text Available The important role of forests in mitigating and adapting to climate changes is recognized and widely accepted. Therefore, it becomes a subject of universal interest and support. However, in the national strategies relating to climate change, the importance of the forestry sector in mitigating these changes is quite often not discussed in detail. In addition, the problem of climate change is not fully represented and included in national forestry policies. The aim of this research was to determine the compliance and differences of strategic and legislative frameworks in forestry and related sectors, relating to climate change mitigation in the EU and Serbia. At the EU level, there are two strategies and a policy framework, and in Serbia, eight sectoral strategies, referring and discussing the climate change mitigation through forestry. At the same time, these issues are highlighted as the primary objective, only in the Climate and Energy Package of the EU and the Forestry Development Strategy in Serbia. In terms of legislative framework in Serbia, two laws have climate change mitigation through forestry as the primary objective, while for the analyzed relevant EU legislation, this is a secondary objective. In Serbia, only the Forest law has a direct impact on climate change mitigation through forestry, while at EU level, there is no regulation, directive or communication, with the same direct influence. [Projekat Ministarstva nauke Republike Srbije, br. 43007: Studies of climate changes and their impact on the environment-monitoring impacts, adaptation and mitigation, podprojekat, 43007/16-III: Socio-economic development, mitigation and adaptation to climate change

  5. Artificial intelligence approach to legal reasoning

    International Nuclear Information System (INIS)

    Gardner, A.V.D.L.

    1984-01-01

    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

  6. Problemática jurídica de los estados intersexuales. El caso colombiano Legal problematic of intersexual states. The Colombian case

    Directory of Open Access Journals (Sweden)

    Sandra Patricia Duque Quintero

    2010-08-01

    need to combine legal, medical, and bioethical knowledge with the aim of building a theoretical and practical framework for approaching this problematic. The Colombian Constitutional Court established certain legal parameters for reaching decisions in cases of children with intersexual states.

    However, each case poses different challenges and should be approached with the aim of optimizing benefits for the patient.

     

  7. Case C-454/06, Pressetext Nachrichtenagentur v Austria – legal and economic aspects. Solutions for public administration

    Directory of Open Access Journals (Sweden)

    Radek Jurčík

    2013-01-01

    Full Text Available The overall question of when amendments to an existing agreement are to be regarded as constituting a new award of a public contract has not come before the ECJ. The Pressetext case and decision’s practice in the Czech Republic has solved this question: In order to ensure transparency of procedures and equal treatment of tenderers, amendments to provisions of a public contract during the currency of the contract constitute a new award of a contract when they are materially different in character from the original contract and, therefore, are such as to demonstrate the intention of the parties to renegotiate the essential terms of that contract. We can say that for this purpose an amendment to a public contract may be regarded as ‘material’ when: it introduces conditions which, had they been part of the initial award procedure, would have allowed for the admission of tenderers other than those initially admitted, or would have allowed for the acceptance of a tender other than the one initially accepted, it extends the scope of the contract considerably to encompass services not initially covered and it changes the economic balance of the contract in favour of the contractor in a manner which was not provided for in the terms of the initial contract.

  8. Case closed: research evidence on the positive public health impact of the age 21 minimum legal drinking age in the United States.

    Science.gov (United States)

    DeJong, William; Blanchette, Jason

    2014-01-01

    In 2006, the nonprofit organization Choose Responsibility called for repealing the 1984 National Minimum Drinking Age Act, which had led all 50 states to establish a minimum legal drinking age (MLDA) of 21 years, and allowing the states to lower their MLDA to 18 years. Two years later, the organization assembled a small group of college and university presidents (the Amethyst Initiative) to call publicly for a critical reexamination of the law. Public health and traffic safety experts responded to these efforts by generating new research on the age 21 MLDA, thus warranting an updated review of the literature. This review focuses primarily on research published since 2006, when Choose Responsibility began its public relations campaign to lower the MLDA. Recent research on the age 21 MLDA has reinforced the position that the current law has served the nation well by reducing alcohol-related traffic crashes and alcohol consumption among youths, while also protecting drinkers from long-term negative outcomes they might experience in adulthood, including alcohol and other drug dependence, adverse birth outcomes, and suicide and homicide. The age 21 law saves lives and is unlikely to be overturned. College and university leaders need to put into effect workable policies, stricter enforcement, and other evidence-based prevention efforts that have been demonstrated to reduce underage drinking and alcohol-related problems on campus and are being applied successfully at prominent academic institutions.

  9. Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications.

    Science.gov (United States)

    Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro

    2018-01-01

    Non-therapeutic body modification interventions are permitted within the limits of the use of one's own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents. In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors.

  10. Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications

    Science.gov (United States)

    Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro

    2018-01-01

    Abstract Non-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents. Results In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. Conclusion If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors. PMID:29675481

  11. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

    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....

  12. Mitochondrial replacement techniques and Mexico's rule of law: on the legality of the first maternal spindle transfer case

    Science.gov (United States)

    Medina-Arellano, María de Jesús

    2017-01-01

    Abstract News about the first baby born after a mitochondrial replacement technique (MRT; specifically maternal spindle transfer) broke on September 27, 2016 and, in a matter of hours, went global. Of special interest was the fact that the mitochondrial replacement procedure happened in Mexico. One of the scientists behind this world first was quoted as having said that he and his team went to Mexico to carry out the procedure because, in Mexico, there are no rules. In this paper, we explore Mexico's rule of law in relation to mitochondrial replacement techniques and show that, in fact, certain instances of MRTs are prohibited at the federal level and others are prohibited at the state level. According to our interpretation of the law, the scientists behind this first successful MRT procedure broke federal regulations regarding assisted fertilization research. PMID:28852557

  13. COST AND TIME ESTIMATES DURING THE SUPPLIER SELECTION OF AN INFORMATION SYSTEM FOR LEGAL AREA: A CASE STUDY COMPARING TRADITIONAL AND AGILE PROJECT APPROACHES

    Directory of Open Access Journals (Sweden)

    Vieira, G. L. S.

    2017-06-01

    Full Text Available Considering a direct correlation between projects requirements details levels and their performance, this paper aims to evaluate whether the adoption of more extensive and detailed cost, time and scope estimation processes based on both practices, traditional and agile, and executed concurrently with the supplier selection stage, could guarantee greater accuracy in these estimates, thus increasing project success rates. Based on a case study for the information system project implementation into the legal area of a large Brazilian company, five suppliers had their proposals analyzed and compared in terms of the costs and deadlines involved, as well as the project management processes used in theirs estimates. From the obtained results, it was possible to observe that not all companies follow, at least during the prospecting phase, their service proposals described management processes, according to the theory. Another important finding was that the proposals involving, at least partially, agile approach concepts, were more likely to justify their estimates. These proposals still presented lower values, whenever compared to those less adherents to the theoretical concepts, as those based on traditional concepts.

  14. How understanding and application of drug-related legal instruments affects harm reduction interventions in Cambodia: a qualitative study.

    Science.gov (United States)

    Tuot, Sovannary; Ngin, Chanrith; Pal, Khuondyla; Sou, Sochenda; Sawez, Ghazal; Morgan, Phylicia; Srey, Mony; Chan, Tola; Chhoun, Pheak; Golichenko, Olga; Choub, Sok Chamreun; Yi, Siyan

    2017-06-19

    Harm reduction interventions in Cambodia face numerous obstacles because of conflicting understanding and interests and inconsistencies in the implementation by law enforcement officials. This study aims to examine how understanding and application of Drug Control Law (DCL) and Village/Commune Safety Policy (VCSP) affects harm reduction interventions in Cambodia from the standpoints of law enforcement officials, people who inject drugs and people who use drugs (PWID/PWUD), as well as other key stakeholders. This qualitative study was conducted in the capital city of Phnom Penh in 2015. We held five focus group discussions (FGDs) with groups of PWID/PWUD, police officers, Sangkat/commune officers, and local non-governmental organization (NGO) field staff. We also conducted ten key informant interviews (KIIs) with representatives from government agencies, donor agencies, and NGOs. FGDs and KIIs with Cambodian participants were transcribed in Khmer and translated into English. KIIs with foreign participants were transcribed in English. Transcripts were read and re-read to identify emerging themes, which were reviewed and refined to develop common and divergent patterns. There was a huge gap between what the DCL and VCSP say and how law enforcement officers and PWID/PWUD understood them. The gap was also evident in how law enforcement officers implemented the DCL and VCSP. Harm reduction services, including health- and non-health-related interventions, were limited and challenged by unsupportive attitudes, misinterpretation of the DCL and VCSP, and the lack of full engagement with NGOs in the development of these instruments. The needs of PWID/PWUD in accessing health care services were not met due to misconduct of authorities while practicing the DCL and VCSP. Further, the misconduct and enforcement of the law and policy lead to increased social discrimination and physical abuses against PWID/PWUD. There is a lack of common understanding of the drug-related law and

  15. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

    Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

  16. Towards a Legal Recommender System

    NARCIS (Netherlands)

    Winkels, R.; Boer, A.; Vredebregt, B.; van Someren, A.

    2014-01-01

    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,

  17. Leveraging tuberculosis case relative locations to enhance case detection and linkage to care in Swaziland.

    Science.gov (United States)

    Brunetti, Marie; Rajasekharan, Sathyanath; Ustero, Piluca; Ngo, Katherine; Sikhondze, Welile; Mzileni, Buli; Mandalakas, Anna; Kay, Alexander W

    2018-01-01

    In Swaziland, as in many high HIV/TB burden settings, there is not information available regarding the household location of TB cases for identifying areas of increased TB incidence, limiting the development of targeted interventions. Data from "Butimba", a TB REACH active case finding project, was re-analyzed to provide insight into the location of TB cases surrounding Mbabane, Swaziland. The project aimed to identify geographical areas with high TB burdens to inform active case finding efforts. Butimba implemented household contact tracing; obtaining landmark based, informal directions, to index case homes, defined here as relative locations. The relative locations were matched to census enumeration areas (known location reference areas) using the Microsoft Excel Fuzzy Lookup function. Of 403 relative locations, an enumeration area reference was detected in 388 (96%). TB cases in each census enumeration area and the active case finders in each Tinkhundla, a local governmental region, were mapped using the geographic information system, QGIS 2.16. Urban Tinkhundla predictably accounted for most cases; however, after adjusting for population, the highest density of cases was found in rural Tinkhundla. There was no correlation between the number of active case finders currently assigned to the 7 Tinkhundla surrounding Mbabane and the total number of TB cases (Spearman rho = -0.57, p  = 0.17) or the population adjusted TB cases (Spearman rho = 0.14, p  = 0.75) per Tinkhundla. Reducing TB incidence in high-burden settings demands novel analytic approaches to study TB case locations. We demonstrated the feasibility of linking relative locations to more precise geographical areas, enabling data-driven guidance for National Tuberculosis Programs' resource allocation. In collaboration with the Swazi National Tuberculosis Control Program, this analysis highlighted opportunities to better align the active case finding national strategy with the TB disease

  18. CASE COMMENT ON NATIONAL LEGAL SERVICES AUTHORITY V. UNION OF INDIA & OTHERS (AIR 2014 SC 1863: A RAY OF HOPE FOR THE LGBT COMMUNITY

    Directory of Open Access Journals (Sweden)

    M.K. Sahu

    2016-01-01

    Full Text Available The lives of human beings are full of complexities, but LGBT face much more trauma compared to other people. What is necessary is to understand the sentiments of the LGBT community and also to grant them common human rights. But the world lowers its eyes and refuses a discussion over the granting of basic human rights to the LGBT community. And it is so sad to see that such discrimination exists even in the 21st century. Indian law, on the whole, only recognizes the paradigm of the binary genders of male and female, based on a person’s sex assigned at birth, which permits a gender system, including the laws relating to marriage, adoption, inheritance, succession and taxation, and welfare legislation. The most pertinent question with respect to the LGBT community is whether LGBT are to be discriminated against by other human beings. Merely being different does not give others the authority to ostracize one from society. In fact, in July 2009 the Delhi High Court ruled that consensual same-sex relations between adults in private could not be criminalized. Then in a recent judgment, the Supreme Court of India expressed its concerns over the mental trauma, emotional agony and pain of the members of the transgender community: all forms of mental suffering of the LGBT community, as well as ignorance and isolation of the community, were brought to an end by the Court’s decision in National Legal Services Authority v. Union of India & Others.

  19. Legal Information Sources: An Annotated Bibliography.

    Science.gov (United States)

    Conner, Ronald C.

    This 25-page annotated bibliography describes the legal reference materials in the special collection of a medium-sized public library. Sources are listed in 12 categories: cases, dictionaries, directories, encyclopedias, forms, references for the lay person, general, indexes, laws and legislation, legal research aids, periodicals, and specialized…

  20. Rule of law and legal epistemology

    NARCIS (Netherlands)

    Tjong Tjin Tai, Eric; Feteris, Eveline; Kloosterhuis, Harm; Plug, José; Smith, Carel

    2016-01-01

    In the positivistic conception of law, sources of law (statute, precedent) are strictly distinguished from other legal materials such as doctrine. Courts as well as academia are, however, beginning to recognise the legal relevance of doctrine and case law of lower courts. This acceptance of such

  1. Legal and regulator framework of radioactive waste

    International Nuclear Information System (INIS)

    Chavez Cassanello, Griselda; Mels Siningen, Celeste; Reina, Mariana; Vega, Hernan

    2009-01-01

    The present work intends to develop the legislative and regulatory framework in the matter of radioactive waste. The legal frame of the radioactive waste conformed by the National Constitution, the treaties and conventions, laws and decrees and regulatory norm in Argentine . The subject is approached from the international point of view considering the slogan of 36 The Annual Meeting of the Association Argentine de Nuclear Technology: 'The Nuclear Energy in the Present World'. This work also contains a special paragraph dedicated to the analysis of practical cases related to the subject and the activity of the National Commission of Atomic Energy. (author)

  2. Surveillance case definitions for work related upper limb pain syndromes

    OpenAIRE

    Harrington, J. M.; Carter, J. T.; Birrell, L.; Gompertz, D.

    1998-01-01

    OBJECTIVES: To establish consensus case definitions for several common work related upper limb pain syndromes for use in surveillance or studies of the aetiology of these conditions. METHODS: A group of healthcare professionals from the disciplines interested in the prevention and management of upper limb disorders were recruited for a Delphi exercise. A questionnaire was used to establish case definitions from the participants, followed by a consensus conference involving the core grou...

  3. The Use of Extra-Legal Arguments in the Judicial Interpretation of European Contract Law: A Case Study on Aziz v Catalunyacaixa (CJEU, 14 March 2013, Case C-415/11)

    NARCIS (Netherlands)

    Mańko, R.

    2015-01-01

    The Court of Justice of the EU (CJEU) is well known for its preference for extra-legal legal arguments over intra-legal ones. Indeed, in the CJEU’s interpretive practice, as a rule, linguistic arguments give way to systemic and teleological ones, and the Court’s prevalent approach favours policy

  4. Legal Network report calls for decriminalization of prostitution in Canada.

    Science.gov (United States)

    Betteridge, Glenn

    2005-12-01

    In December 2005 the Canadian HIV/AIDS Legal Network released Sex, work, rights: reforming Canadian criminal laws on prostitution. The report examines the ways in which the prostitution-related provisions of the Criminal Code, and their enforcement, have criminalized many aspects of sex workers' lives and have promoted their social marginalization. Evidence indicates that the criminal law has contributed to health and safety risks, including the risk of HIV infection, faced by sex workers. The Legal Network calls for the decriminalization of prostitution in Canada, and for other legal and policy reforms that respect the human rights and promote the health of sex workers. Despite the report's Canadian focus, its human rights analysis is relevant to the situation of sex workers in other countries where prostitution is illegal and sex workers face rights abuses. In this article, Glenn Betteridge, the principal author of the report, briefly sets out the case for law reform.

  5. A Story of Law and Incentives: A Comparative Legal Understanding of Corporate Risk and Incentives in Relation to Human Rights Liability

    OpenAIRE

    Kaeb, Caroline

    2012-01-01

    This work examines the concept of Corporate Social Responsibility (CSR), particularly corporate human rights responsibility, by telling a “story of law and incentives” in way that fosters a comparative legal understanding of corporate risks and motivational drivers. The 2008 financial crisis has shown that trustworthiness on the part of corporations is indispensable for the sustainable well-being of society and corporate success alike. This reality mandates assessing the current legal and eco...

  6. Argumentation in Legal Reasoning

    Science.gov (United States)

    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.

  7. [Abortion: towards worldwide legalization].

    Science.gov (United States)

    1998-09-01

    A table showing the current status of abortion in the world based on two recent and detailed studies is presented. Countries are categorized according to whether they totally prohibit abortion, permit it to save the mother's life, permit it to preserve her physical health or mental health, permit it for maternal socioeconomic reasons, or provide it at the mother's request. The countries are grouped into 5 geographic areas: America and the Caribbean; Central Asia, Middle East, and North Africa; East and South Asia and the Pacific; Europe; sub-Saharan Africa. The trend toward liberalization of laws is clear. The development of abortion laws is moving in the direction of complete legalization, that is, the creation of health norms that facilitate abortion for all women, with guarantees of medical safety. There are still countries that move to restrict access to abortion, and in a few cases, such as Colombia and Poland, legalization and prohibition have alternated depending on the social and political circumstances of the moment. In the past 12 years, 28 countries liberalized their laws in some way, while 4 countries with close ties to the Vatican restricted or prohibited access.

  8. Dementia and Legal Competency

    OpenAIRE

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

    2011-01-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

  9. The Relationship Between Factors Related to Divorce Request and Mental Health Among Divorce Applicant Women Referred to Legal Medicine Organization in Ahvaz, Iran

    Directory of Open Access Journals (Sweden)

    Lida Jalili

    2018-03-01

    Full Text Available Objective: This study aimed to investigate the relationship between factors related to divorce request with mental health among divorce applicant women in order to understand the effect of these factors on women's mental health.Materials and methods: This study was a cross-sectional study performed on 434 divorce applicant women who referred to legal medicine department of Ahvaz in 2013 based on convenience sampling. Information was collected by using researcher made questionnaire for factors affecting divorce and symptom checklist-25 (SCL-25 standard questionnaire. The data were analyzed using SPSS ver.18.Results: The results showed that among the social factors, life skills and communication, family and individual factors had a significant relationship with mental health among divorce applicant women (p < 0.05. No relationship was seen with economic and cultural factors affecting divorce request (p > 0.05.Conclusion: Regarding the negative effects of various causative factors of divorce on mental health of women including social, life skills, communication, family and individual factors strategies for prevention and reduction of these factors should be seriously considered for prevention and early treatment of mental health problems. These strategies include counseling before marriage, after marriage and during the divorce process.

  10. Relations of Parenting Quality, Interparental Conflict, and Overnights with Mental Health Problems of Children in Divorcing Families with High Legal Conflict

    Science.gov (United States)

    Sandler, Irwin N.; Wheeler, Lorey A.; Braver, Sanford L.

    2013-01-01

    The current study examined the associations between child mental health problems and the quality of maternal and paternal parenting, and how these associations were moderated by three contextual factors, quality of parenting by the other parent, interparental conflict, and the number of overnights parents had with the child. Data for the current study come from a sample of divorcing families who are in high legal conflict over developing or maintaining a parenting plan following divorce. Analyses revealed that the associations between child mental health problems and positive maternal and paternal parenting were moderated by the quality of parenting provided by the other parent and by the number of overnights children spent with parents, but not by the level of interparental conflict. When both parenting by the other parent and number of overnights were considered in the same model, only number of overnights moderated the relations between parenting and child behavior problems. The results support the proposition that the well-being of children in high conflict divorcing families is better when they spend adequate time with at least one parent who provides high quality parenting. PMID:24098960

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

    Science.gov (United States)

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

    2015-06-01

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

  12. 31 CFR 545.513 - Provision of certain legal services authorized.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Provision of certain legal services authorized. 545.513 Section 545.513 Money and Finance: Treasury Regulations Relating to Money and Finance... issued on a case-by-case basis authorizing receipt from unblocked sources of payment of professional fees...

  13. 31 CFR 598.507 - Provision of certain legal services authorized.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Provision of certain legal services authorized. 598.507 Section 598.507 Money and Finance: Treasury Regulations Relating to Money and Finance... case-by-case basis authorizing receipt from unblocked sources of payment of professional fees and...

  14. Sensibilidade jurídica e embate colonial: análise do caso Saramaka Vs. Suriname / Legal sensibility and colonial struggle: an analysis on the Saramaka vs. Suriname case

    Directory of Open Access Journals (Sweden)

    Assis da Costa Oliveira

    2012-08-01

    Full Text Available  Resumo O presente artigo analisa o caso povo Saramaka Vs. Estado do Suriname, julgado e monitorado pela Corte Interamericana de Direitos Humanos, com a seguinte estrutura: (1 apresentação do contexto histórico-cultural do caso; (2 reflexão sobre o papel do ativismo político-jurídico da Corte; (3 elaboração do resumo do caso Saramaka Vs. Suriname; (4 discussão das possíveis entradas da Antropologia no campo jurídico-judicial; (5 leitura do caso Saramaka Vs. Suriname pelo “olhar antropológico”. Palavras-Chave: Sensibilidade Jurídica; Direitos Indígenas; Antropologia do Direito; Direitos Humanos. Abstract This article analyze the case Saramaka People Vs. State of Suriname, judged and monitored by the Inter-American Court of Human Rights, with the following structure: (1 presentation of historical and cultural context of the case, (2 reflection on the political and legal activism of the Court, (3 preparation of the summary of the case Saramaka Vs. Suriname, (4 discussion of possible entries of Anthropology in the field legal-judicial, (5 reading of the case Saramaka Vs. Surinam with the " anthropological view”. Key-words: Legal Sensibility, Indigenous Rights, Anthropology of Law, Human Rights.  

  15. Teaching the Public Relations Case Studies/Campaigns Class.

    Science.gov (United States)

    Cottone, Laura Perkins

    The public relations case studies/campaigns class entails teaching students how to die and then come back to life. As students must learn to take a critical look at complex public and social issues, teachers should create an environment in which the students feel comfortable with the process of psychological reconstruction. Students must be taught…

  16. EU external relations law : text, cases and materials

    NARCIS (Netherlands)

    Van Vooren, Bart; Wessel, Ramses A.

    2014-01-01

    This major new textbook for students in European law uses a text, cases and materials approach to explore the law, politics, policy and practice of EU external relations, and navigates the complex questions at the interface of these areas. The subject is explored by explaining major constitutional

  17. Travel-related leptospirosis: a series of 15 imported cases.

    Science.gov (United States)

    van de Werve, Charlotte; Perignon, Alice; Jauréguiberry, Stéphane; Bricaire, François; Bourhy, Pascal; Caumes, Eric

    2013-01-01

    Leptospirosis belongs to the spectrum of travel-related infections. We retrospectively studied all the consecutive cases of travel-related leptospirosis seen in our department between January 2008 and September 2011. Patients were included with a clinical picture compatible with the disease within 21 days after return, the presence of a thermoresistant antigen or IgM antibodies, Elisa ≥ 1 /400, and a positive microagglutination test (MAT) ≥ 1/100. Fifteen leptospirosis cases were evaluated. Exposure occurred in Asia (47%), Africa (20%), the Caribbean (20%), and Indian Ocean (13%). Fourteen patients were infected during water-related activities. On admission the most frequent symptoms were fever (100%), headache (80%), and digestive disorders (67%). Relevant laboratory findings included impaired liver function tests (100%), lymphocytopenia (80%), thrombocytopenia (67%), and elevated C-reactive protein (CRP) (67%). Our cases were confirmed by MAT that found antibodies against nine different serovars. Seven patients were cured with amoxicillin, four with doxycycline, two with ceftriaxone, one with ceftriaxone, doxycycline, and spiramycin, whereas one recovered spontaneously (retrospective diagnosis). Eight patients were hospitalized. All patients recovered. Our cases involved nine different serovars. They were related to travel in Asia, Africa, and the Caribbean. Bathing or other fresh-water leisure activities (canoeing, kayaking, rafting) are the most likely at-risk exposure. Any traveler with fever and at-risk exposure should be investigated for leptospirosis. © 2013 International Society of Travel Medicine.

  18. Work related musculoskeletal disorders among farm workers: A case ...

    African Journals Online (AJOL)

    Work related musculoskeletal disorders among farm workers: A case study of an agricultural college in Zimbabwe. ... hazards, therefore a need for intervention to protect them from musculoskeletal complaints. Improvement in farm work practices through ergonomic training might help reduce musculoskeletal complaints.

  19. LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW

    Directory of Open Access Journals (Sweden)

    Emilian CIONGARU

    2014-05-01

    Full Text Available Knowing that in more and more cases, the only defence of the party whose law or interest has been injured is to invoke the abuse of law, the express interdiction of the abuse of law becomes a need as an answer to the social demand for legality and equality in all legal relationships. The issues of current legislation related to the abuse of law may be analysed in the light of the social role law has, especially from the viewpoint of its function of harmonization of the individual interests with the general ones. The concrete way to express the abuse of law is represented by the exercise of the subjective law beyond its legal limits as well as the pursuit of a goal in bad faith, but other goal than the one for which the law was consecrated. The role of legal liability for the abuse of law is represented by the legal relationship of constraint whose content consists in a plurality of rights and obligations of substantive or procedural law appearing as a result of commitment of some deeds non-compliant with the model prefigured by the legal norm by which the state is entitled to hold liable the one who exercised a subjective law in bad faith cumulated with the violation of the goal for which such law was consecrated and the guilty party is going to answer for their deed and to obey the sanctions provided under the law. This paper focuses on the conditions that must be met cumulatively, in the current legislation, so that the holder of a subjective law exercised abusively may become the subject of civil, contraventional, criminal, and administrative legal liability, etc.

  20. Radiologic protection: technical and legal aspects

    International Nuclear Information System (INIS)

    Pinto, A.V.A.

    1987-01-01

    Radiologic units are described with the aim to decodify the technical dosimetric language. The legal aspect of radiologic protection in Brazil is reported. Information about help in case of radiation accident is presented. (M.A.C.) [pt

  1. Transgender und „Transsexualität“ als Frage der Menschenrechte. Eine Einführung anhand von Rechtsfällen Transgender and ‘Transsexuality’ as a Question of Human Rights. An Introduction Using Legal Cases

    Directory of Open Access Journals (Sweden)

    Arne Duncker

    2006-07-01

    Full Text Available Als deutschsprachige Monographie zum neueren Transgender-Recht ist die vorliegende Dissertation Greifs über weite Strecken eine Pionierarbeit. Die Autorin untersucht in einer sehr schönen fallorientierten Übersicht die aktuelle Rechtsprechung oberster europäischer Gerichte (EuGH, EGMR. Ergänzend stellt sie die österreichische Rechtslage dar und schildert als Hintergrund der juristischen Entscheidungsprozesse die Entwicklung der außerjuristischen, namentlich medizinischen Diskurse. Die Arbeit stellt einen wichtigen Schritt zur rechtswissenschaftlichen Verarbeitung der bisher vorwiegend auf kulturwissenschaftlichem und medizinischem Gebiet geführten Transgender-Diskurse dar. Ihr ist eine weite Verbreitung zu wünschen.Greif’s dissertation, a German language monograph on recent transgender law, is in many ways a pioneering study. The author presents a very nice case-based overview of the current legal precedents of the highest European courts (EuGH, EGMR. She supplements this with a summary of the Austrian legal situation and provides as background a description of the development of non-legal, specifically medical, discourses. The work is an important step in the legal processing of transgender discourses, which, up till now, has primarily taken place in the arena of cultural studies and medicine. This work should be widely distributed.

  2. Legal aspects of intergenerational equity issues

    International Nuclear Information System (INIS)

    Green, H.P.

    1984-01-01

    This paper examines the extent to which American law and legal institutions have addressed problems of intergenerational equities. Beginning with a definition of the issue, the paper goes on to address conservation law, public debt ceilings, property law, and eugenic laws. The research supports the conclusion that neither statutory law, the formal expression of public policy articulated by the legislature, nor common law, the case-by-case definition of private legal rights by the courts has developed a coherent set of legal principles for dealing with the difficult problems of intergenerational equity. 15 references

  3. Benchmarking Alumni Relations in Community Colleges: Findings from a 2015 CASE Survey. CASE White Paper

    Science.gov (United States)

    Paradise, Andrew

    2016-01-01

    Building on the inaugural survey conducted three years prior, the 2015 CASE Community College Alumni Relations survey collected additional insightful data on staffing, structure, communications, engagement, and fundraising. This white paper features key data on alumni relations programs at community colleges across the United States. The paper…

  4. Benchmarking Alumni Relations in Community Colleges: Findings from a 2012 CASE Survey. CASE White Paper

    Science.gov (United States)

    Paradise, Andrew; Heaton, Paul

    2013-01-01

    In 2011, CASE founded the Center for Community College Advancement to provide training and resources to help community colleges build and sustain effective fundraising, alumni relations and communications and marketing programs. This white paper summarizes the results of a groundbreaking survey on alumni relations programs at community colleges…

  5. Recurrent episcleritis in relation to menstruation: a case report.

    Science.gov (United States)

    Rajoo, Sangeetha Govinda; Gandhewar, Jaishree

    2011-09-01

    To describe a case of recurrent episcleritis associated with a patient's menstrual cycle. A retrospective case review of a 39-year-old woman who presented with a 12-year history of recurrent episcleritis in relation to her menstruation. She was seen during an acute attack and started on a reducing regime of topical steroids for 5 weeks. She was then advised to use it a week before and after menstruation. Examination and investigations revealed episcleritis with a negative systems review. After starting the treatment, she was symptom free when reviewed at 4, 8, 14, and 33 weeks. Now, the patient uses topical steroids only 1 week before menstruation. Literature review revealed no recent case reports and provided insufficient evidence to understand this relationship. We recommend increased awareness and reporting because there is a need for more studies to understand this relationship and to provide evidence for management.

  6. Legal incentives for minimizing waste

    International Nuclear Information System (INIS)

    Clearwater, S.W.; Scanlon, J.M.

    1991-01-01

    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

  7. Dementia and legal competency.

    Science.gov (United States)

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

    2011-06-01

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

  8. Work-related olfactory disorder: a case series and review.

    Science.gov (United States)

    Park, Soon Woo; Kang, Young Joong; Eom, Huisu; Cho, Hyun-Jin; Ahn, Jungho; Lee, Sang-Gil

    2018-01-01

    The olfactory bulb is anatomically exposed and thus can be directly damaged by external stimulation. This can occur as an occupational injury owing to contact with organic solvents or other causes. We present cases of eight patients who sustained occupation-related exposure to potentially toxic substances and later presented with signs and symptoms of anosmia. We examined the occupational and medical characteristics of the patients and evaluated their work-relatedness. Case 1: A 50-year-old man performed high-frequency heat treatments for approximately 11 years. He experienced decreased senses for olfaction and taste during the later years culminating in the diagnosis of anosmia after 3 years (high work-relatedness). Case 2: A 54-year-old man whose work involved exposure to various organic solvents, such as spray painting and application of paint and thinners for approximately 4 years, was subsequently diagnosed with anosmia based on rhinorrhea, headache, and loss of olfaction (high work-relatedness). Case 3: A 44-year-old-man who performed spray painting for approximately 17 years developed anosmia (high work-relatedness). Case 4: A 44-year-old man was involved in ship engine cleaning once a month, for approximately 7 h per cleaning session; he was diagnosed with anosmia based on loss of olfaction (low work-relatedness). Case 5: A 41-year-old man worked in ship building block construction for approximately 13 years; anosmia diagnosis was based on loss of olfaction (low work-relatedness). Case 6: A 47-year-old woman performed product inspection and labeling at a plant manufacturing automobile parts; anosmia diagnosis was based on decreased olfaction and taste (low work-relatedness). Case 7: A 50-year-old woman performed epoxy coating in a plant manufacturing automobile parts; anosmia diagnosis was based on diminishing olfaction (low work-relatedness). Case 8: A 57-year-old woman performed cleaning of the area where mobile phone parts were manufactured

  9. Legal instruments and proposals for acts of the European Communities relating to the protection of the environment. As of May 12, 1993

    International Nuclear Information System (INIS)

    Lohse, S.

    1993-01-01

    The compilation comprises all legal instruments and proposals for legal instruments of the European Communities in the field of environmental protection which were incorporated in the EDP-aided compilation of the Federal Office for Environmental Protection, specialized field 'Juristic Environmental Issues'. It replaces the preceding compilations. The volume is subdivided into the sections: General information, regional development law, nature preservation law, law on water pollution control, refuse law, imission control law, atomic energy law, energy and mining law, law on dangerous materials and law on environmental health. (orig.) [de

  10. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, Ali; van Ours, Jan

    2017-01-01

    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

  11. Reproduction, women, and the workplace: legal issues.

    Science.gov (United States)

    Bertin, J E

    1986-01-01

    Legal conflict has marked the effort to protect workers against reproductive injury, and legal activity in the management of occupational risks reflects a much broader range of important social issues, such as sexual discrimination in the workplace. This article describes the evolving law related to reproductive hazards that concern men, women and children.

  12. Choice: Ethical and Legal Rehabilitation Challenges.

    Science.gov (United States)

    Patterson, Jeanne Boland; Patrick, Adele; Parker, Randall M.

    2000-01-01

    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…

  13. Some reflections on the formal legal aspect of the creation of non-agricultural cooperatives in Cuba, based on analysis of the Pinar del Río case

    Directory of Open Access Journals (Sweden)

    Orisel Hernández Aguilar

    2015-11-01

    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

  14. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

    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

  15. Relational Constraint Driven Test Case Synthesis for Web Applications

    Directory of Open Access Journals (Sweden)

    Xiang Fu

    2010-09-01

    Full Text Available This paper proposes a relational constraint driven technique that synthesizes test cases automatically for web applications. Using a static analysis, servlets can be modeled as relational transducers, which manipulate backend databases. We present a synthesis algorithm that generates a sequence of HTTP requests for simulating a user session. The algorithm relies on backward symbolic image computation for reaching a certain database state, given a code coverage objective. With a slight adaptation, the technique can be used for discovering workflow attacks on web applications.

  16. Burns related to electrosurgery - Report of two cases

    Directory of Open Access Journals (Sweden)

    Flora Margarida Barra Bisinotto

    Full Text Available Abstract Electrosurgery is a technology developed over the last few years and has become a very important tool in modern surgery. Most of the equipment is considered safe, although there are risks related to its use. Several lesions may be caused by electrocautery, and burns are the most common and feared. We report two cases of burns related to use of electrocautery and promote a literature review, because knowledge of electrosurgery fundamentals, its correct use, the choice of a safety device, constant monitoring, and immediate investigation before any suspicions surely can improve the operational experience for both surgeon and patient.

  17. Implementation of a fuzzy relational database. Case study: academic tutoring

    Directory of Open Access Journals (Sweden)

    Ciro Saguay

    2017-02-01

    Full Text Available This paper describes the process of implementation of a diffused relational database in the practical case of the academic tutorials of the Faculty of Engineering Sciences of the Equinoctial Technological University (UTE. For the implementation, the ANSI-SPARC database architecture was used as the methodology, which abstracts the information into levels, at the external level the functional requirements were obtained, at the conceptual level, the diffused relational model was obtained. To achieve this model, we performed the transformation of the diffuse data through mathematical models using the Fuzzy-Lookup tool and at the physical level the diffused relational database was implemented. In addition, an user interface was developed using Java through which data is entered and queries are made to the diffused relational database to verify its operation.

  18. Legal Order Founded on Human Wisdom

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2015-07-01

    Full Text Available In the present work I approach a topic of great complexity, always anchored in social actuality because it addresses to an extremely sensitive area in which law is intertwined with the human wisdom. I start from the reality that human spiritual balance as an obvious sign of human wisdom can be maintained in a secured social balance of the social order, as a manifestation of this virtue at a community level. I insist on the interferences between universal and social order in which is enrolled as an individual component the legal order. The specificity of this latter form of the inter-human relations is ensured by the peculiar physiognomy of law rules. There are rules of human behaviour which although present some own features to other social norms (generality, impersonality, typicality, these stand out by their obligation which allows, when necessary, to be done using coercive state power. Both creation and especially interpretation and application of the law rules, involves the legislature wisdom, to impose people legal orders which to order and discipline their relations with the environment in which they live and other members of human community so as to make possible a social balance and harmonious coexistence of humans. Legal order gives concreteness and expression to some fundamental valences of law: justice, equity and righteousness. Therefore, in the vast majority of live situations, especially in cases in which norms of law express “the will of the many”, they convince through their correctness and validity, harmonizing with the interests and aspirations of those whom are addressed, which exclude the intervention of human coercive force. Here, is a sign of human wisdom. But also as a sign of human wisdom can be considered appropriate and necessary the coercive intervention of the state, when the violation of a right occurred, the social order (also the legal one being more or less disturbed. In these situations, law intervention is

  19. Legal Education, Liberal Education, and the Trivial "Artes."

    Science.gov (United States)

    Kimball, Bruce A.

    1986-01-01

    Reviews the influence of liberal education upon legal education, studying the historical process according to which changes of emphasis within liberal education (from rhetoric to dialectic or the reverse) have been reflected in related changes in legal education. (AYC)

  20. Interpretation of 'Unnatural death' in coronial law: A review of the English legal process of decision making, statutory interpretation, and case law: The implications for medical cases and coronial consistency.

    Science.gov (United States)

    Harris, Andrew; Walker, Andrew

    2018-04-23

    The article examines the decision-making process for medical reporting of deaths to a coroner and the statutory basis for coronial decisions whether to investigate. It analyses what is published about the consistency of decision making of coroners and discusses what should be the legal basis for determining whether a particular death is natural or unnatural in English law. There is a review of English case law, including the significance of Touche and Benton and the development of 'unnatural' as a term of art, which informs what the courts have held to be an unnatural death. What case law indicates about multiple causes and the significance of the wording in the Coroners & Justice Act 2009 that triggers an investigation are considered. It highlights the importance of considering the medical cause of death and to what extent information other than the initial death report is required, before making the decision that the coroner's duty to open an investigation is triggered. The article concludes that a two-stage test is required. Firstly, is the cause of death medically unnatural? Secondly, whether the circumstances themselves are unnatural or such as to make a medically natural cause of death unnatural. If the coroner has reason to suspect the medical cause of death is unnatural per se the statutory duty to investigate will be engaged, regardless of the circumstances.

  1. Social and economic inequalities in fatal opioid and cocaine related overdoses in Luxembourg: a case-control study.

    Science.gov (United States)

    Origer, Alain; Le Bihan, Etienne; Baumann, Michèle

    2014-09-01

    To investigate social and economic inequalities in fatal overdose cases related to opioid and cocaine use, recorded in Luxembourg between 1994 and 2011. Cross-examination of national data from law enforcement and drug use surveillance sources and of forensic evidence in a nested case-control study design. Overdose cases were individually matched with four controls, when available, according to sex, year of birth, drug administration route and duration of drug use. 272 cases vs 1056 controls were analysed. Conditional logistic regression analysis was performed to assess the respective impact of a series of socioeconomic variables. Being professionally active [OR=0.66 (95% CI 0.45-0.99)], reporting salary as main legal income source [OR=0.42 (95% CI 0.26-0.67)] and education attainment higher than primary school [OR=0.50 (95% CI 0.34-0.73)] revealed to be protective factors, whereas the professional status of the father or legal guardian of victims was not significantly associated to fatal overdoses. Socioeconomic inequalities in drug users impact on the occurrence of fatal overdoses. Compared to their peers, users of illicit drugs with lower socioeconomic profiles show increased odds of dying from overdose. However, actual and self-referred socioeconomic characteristics of drug users, such as educational attainment and employment, may have a greater predictive value of overdose mortality than the parental socioeconomic status. Education, vocational training and socio-professional reintegration should be part of drug-related mortality prevention policies. Copyright © 2014 Elsevier B.V. All rights reserved.

  2. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    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......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...

  3. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

    This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

  4. Experiencing 'pathologized presence and normalized absence'; understanding health related experiences and access to health care among Iraqi and Somali asylum seekers, refugees and persons without legal status.

    Science.gov (United States)

    Fang, Mei Lan; Sixsmith, Judith; Lawthom, Rebecca; Mountian, Ilana; Shahrin, Afifa

    2015-09-19

    Asylum seekers, refugees and persons without legal status have been reported to experience a range of difficulties when accessing public services and supports in the UK. While research has identified health care barriers to equitable access such as language difficulties, it has not considered the broader social contexts of marginalization experienced through the dynamics of 'othering'. The current study explores health and health care experiences of Somali and Iraqi asylum seekers, refugees and persons without legal status, highlighting 'minoritization' processes and the 'pathologization' of difference as analytical lenses to understand the multiple layers of oppression that contribute to health inequities. For the study, qualitative methods were used to document the lived experiences of asylum seekers, refugees and persons without legal status. Thirty-five in-depth interviews and five focus groups were used to explore personal accounts, reveal shared understandings and enable social, cognitive and emotional understandings of on-going health problems and challenges when seeking treatment and care. A participatory framework was undertaken which inspired collaborative workings with local organizations that worked directly with asylum seekers, refugees and persons without legal status. The analysis revealed four key themes: 1) pre-departure histories and post-arrival challenges; 2) legal status; 3) health knowledges and procedural barriers as well as 4) language and cultural competence. Confidentiality, trust, wait times and short doctor-patient consultations were emphasized as being insufficient for culturally specific communications and often translating into inadequate treatment and care. Barriers to accessing health care was associated with social disadvantage and restrictions of the broader welfare system suggesting that a re-evaluation of the asylum seeking process is required to improve the situation. Macro- and micro-level intersections of accustomed societal

  5. Constructing collaborative communities of researchers in the environmental domain. A case study of interdisciplinary research between legal scholars and policy analysts

    NARCIS (Netherlands)

    van Rijswick, Marleen; bruzzone, silvia; Larrue, Corinne; Wiering, Mark; Crabbé, Ann

    2016-01-01

    The article offers an analysis of the interactions between legal and policy science researchers within a European project on flood risk management using a “Policy Arrangement Approach” (PAA). While interdisciplinary research is increasingly becoming a ‘must’ in environmental governance, under what

  6. Corruption and legal certainty; the case of Albania and the Netherlands Implementation of the Criminal Law Convention on Corruption in a transitional and consolidated democracy

    NARCIS (Netherlands)

    Peçi, Idlir; Sikkema, E.

    2010-01-01

    A discrepancy in corruption levels may be observed between Western European states and the post-communist states of Central and (South) Eastern Europe. In order to find out whether this discrepancy corresponds with a discrepancy in legal provisions, we embarked upon a comparative exercise aimed at

  7. Morally sensitive issues and cross-border movement in the EU. The cases of reproductive matters and legal recognition of same-sex relationships

    NARCIS (Netherlands)

    Koffeman, Nelleke Renate

    2015-01-01

    Within the European Union there is considerable diversity in morally sensitive issues like legal recognition of same-sex relationships and reproductive matters such as abortion, assisted human reproduction and surrogacy. Cross-border movement within the EU exposes and affects this diversity, as it

  8. The Development of Legal Policy and Legal Needs of Indonesian Immigration Law: Answered Partially, Forget the Rest

    Directory of Open Access Journals (Sweden)

    Bilal Dewansyah

    2015-08-01

    Full Text Available The replacement of the immigration law, from Law No. 9 of 1992 to Law No. 6 of 2011 reflected the development of immigration legal policy. As a branch of administrative law that has dynamic character, the reform immigration laws should address the immigration legal needs in practice. This paper discusses the development of Indonesian immigration legal policy and to what extent these developments address the immigration legal needs. Based on the author analyses, it can be concluded, firstly, the development of immigration legal policy, in legal direction context, emphasized to face the impact of globalization both positive and negative effects, and other developments in the future. In legal substances aspect, the current immigration legal policy change various principles immigration laws, such as the principle of selective policies are balanced with the principle of respect for human rights, although in certain settings are not in line with human rights (as in the case of the period of temporary prohibition to leave Indonesia, that can be extended continuously. In legal form and scope context, Indonesian immigration legal policy today, is more concerned with the rules of immigration law in detail than ever before. Secondly, the development of immigration legal policy answered the immigration legal needs particularly, such as in the case of human smuggling, but forget the rest of the immigration legal needs, in terms of the handling of illegal immigrants, asylum seekers and refugees.

  9. 22 CFR 92.89 - Fees for service of legal process.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Fees for service of legal process. 92.89 Section 92.89 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED SERVICES Quasi-Legal Services § 92.89 Fees for service of legal process. No charge should be made for...

  10. Legal clinic gender sensitive method for law students

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2008-01-01

    Full Text Available In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Niš has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.

  11. Trends of pesticide exposure and related cases in the Philippines.

    Science.gov (United States)

    Lu, Jinky Leilanie; Cosca, Katherine Z; Del Mundo, Jocelyn

    2010-01-01

    The study aims to provide a comprehensive trend of pesticide poisoning cases in the Philippines as well as pesticide exposures, and risk factors related to the adverse effects of pesticide. Records were gathered from the National Poison Control and Management Center (NPCMC), the Philippine General Hospital, De La Salle Medical Center, and other hospitals, and reviewed research studies conducted in the Philippines. Based on hospital surveys, the number of pesticide cases as well as mortality trends have been increasing. Studies from 2006 to 2010 showed that human health especially those of the farmers is at risk due to pesticide exposure. Illnesses and symptoms such as headache, skin abnormalities, fatigue, fever, and weaknesses were the common health complaints experienced by the farmers as reported in the research studies. Moreover, the studies showed risk factors to pesticide exposure, work practices, and pesticide residues in environmental media that could be contributory to pesticide poisoning cases. Government agencies should intensify their surveillance and regulation on both household and agricultural pesticides. The state of pesticide-related illnesses mirrors the poor safety practices among farmers as well as lack of necessary supervision from the government agencies.

  12. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

    Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær

    2012-01-01

    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 ...... 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.......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...... provisions’ which empower the municipalities to later ruling. This way of making plans postpones the actual regulation of an area (i.e. the planning permission) making it an individual ruling for instance at the application of building permits. Case studies show examples of this way of regulating an area...

  13. [A Forensic Autopsy Case Applied for Asbestos-Related Disease].

    Science.gov (United States)

    Makihara, Kosuke; Hamada, Tetsuo; Kasai, Kentaro; Tanaka, Toshiko; Sato, Hiroaki

    2016-03-01

    We had a forensic autopsy case that required additive pathological examination for the asbestos-related lung disease compensatory application afterwards. A man in his sixties with a history of occupational asbestos inhalation who had neither visited a hospital nor received a physical examination received forensic autopsy because of his death from unknown cause. An inmate said, "He developed cough and dyspnea, and died in the progression of the symptoms." The autopsy revealed widespread pleural plaques on both sides of the parietal pleura and multiple tumors in both sides of the lungs. The cause of death was diagnosed as lung cancer. Additional pathological examination was asked by his family to certify that he had suffered from asbestos-related lung disease in order to apply to the Asbestos-related Damage Relief Law. The Japanese criteria of the compensation law of asbestos-related lung cancer is the detection of more than 5,000 asbestos bodies per gram of dry lung tissue, while his number of asbestos bodies was 4,860. Asbestos bodies were reported to be accumulated in the distal lung parenchyma with no pathological changes. The present lung samples were collected from proximal section around the tumor, which might have made the number of asbestos bodies less than the criteria. Both the number of patients suffering from asbestos-related lung disease and the number of forensic autopsy cases have increased in Japan. Collecting lung samples from the appropriate lung section is essential and should be noted when the lung cancer is suspected at forensic autopsy in order to apply for asbestos-related lung disease compensation.

  14. Interrelation of the concepts «legal influence» and «administrative-legal influence»

    OpenAIRE

    Голуб, Віктор Олександрович

    2014-01-01

    The author analyzes the concept of «legal influence» and «administrative-legal influence» and examines their interrelation. Also the scientific positions related to understanding the essence of these concepts are analyzed. The author gives characteristic of the features, structural elements and forms of the administrative-legal influence. English abstract V. Golub Interrelation of the concepts «legal influence» and «administrative-legal influence» The author analyzes the concept of «legal inf...

  15. [Boxing-related cranial injury in children: a case report].

    Science.gov (United States)

    Timsit, S; Rougeau, T; Grevent, D; Chéron, G

    2012-11-01

    No pediatric recommendations exist in France on the exercise of boxing by children and adolescents despite the risk of traumatic injury, sometimes serious. We report the case of a 15-year-old boy who participated in amateur boxing and had a subdural hematoma. Brain injuries and concussions are frequent and multiple. Severity is not always correlated with the intensity of the blows. There are age-related features. Several international medical organizations oppose boxing for children and adolescents. Copyright © 2012 Elsevier Masson SAS. All rights reserved.

  16. The Curious Case of ‘Schools’ of International Relations

    DEFF Research Database (Denmark)

    Zhang, Yongjin; Kristensen, Peter Marcus

    2017-01-01

    This article interrogates the questions evoked by the curious case of ‘schools’ of thought in International Relations (IR) through the twin perspectives of the sociology of knowledge and geopolitics of knowledge. Drawing inspirations from the tradition of the sociology of IR pioneered by E. H. Carr......: to engage in a purposely contentious politics, to question the claim of the American ‘core’ as the creator, depositor, and distributor of universal knowledge, and to unveil the geo-historical linkage between the political and the epistemic. School labelling matters, we further argue, because it has become...

  17. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

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

  18. The Use and Incorporation of Extralegal Insights in Legal Reasoning

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2015-01-01

    Full Text Available Following the US example, European scholarship has seen more and more interdisciplinary or multidisciplinary academic work being carried out over the last few decades, not only in criminal law but also relating to private law and civil procedure. In such studies ‘extralegal’ knowledge from, for example, psychology, sociology and economics, is combined with existing legal insights and transformed into ‘novel’ legal knowledge. This has often led to new thoughts on how to organize our legal landscape and to new public policy issues and solutions.An intriguing question underlying these studies is whether it is in fact possible – and if so, how, why and when – to leap from such ‘extralegal’ insights to normative legal conclusions. How and when can any researcher step over from, for example, empirical psychological facts to legal normative value judgments (as one is required to do from a legal end, for instance as a judge ruling on a case? What, if anything, allows anyone to do so? What are the conditions under which it would be safe to say that one could cross over from one side to the other?By reviewing the existing methodological literature on this topic and by linking up with ideas about the (analogous use of comparative law materials, this paper – methodological in nature – tries to come up with a workable ‘method’ for crossing the border between social science disciplines and the law. As it turns out, a due process approach is the best available option. This approach asks of judges, practitioners and scholars to become familiar with the methodology of the social sciences. That hurdle might be overcome by using court-appointed experts to evaluate the usefulness of the extralegal materials. The judge would thus resort to an expert to advise him on how to be a decent gatekeeper when it comes to the possible use of insights from social sciences.

  19. Measures to Prevent Financial Fraud and Legalization of Illicit Funds

    Directory of Open Access Journals (Sweden)

    Chunitska Iryna I.

    2017-06-01

    Full Text Available The problems of preventing financial fraud and legalization of funds using mechanisms of the financial market are considered. The relevance of this problem in general and peculiar features of its research in developing economies are substantiated. The experience of organizations created to prevent the legalization of illicit funds is studied. It is determined that new organizations are created in response to the global challenges. It is justified that in Ukraine the fight against the legalization of illicit funds has actualized due to a lack of financial resources in the country, declaration of course towards European values and also as a result of the military conflict in the east of the country. The risk factors for financial fraud and illegal movement of financial flows are systematized according to the groups of conditions: pressure, favorable situation, propensity (justification. It is determined which levels of risk of generating illegal financial flows are inherent in different sectors of the economy depending on institutional factors. It is argued that the increase in the risks of illegal financial flows occurs under conditions of a low level of maturity of the institutional environment and a high level of information asymmetry. Types and tools of fraud in the financial market that increase the risks of illegal financial flows are systematized. It is determined that main types of fraud in the financial market are related to information manipulations and regulatory deficiencies. The world experience of legislative initiatives on counteracting the legalization of funds in financial markets is systematized. It is justified that, in order to prevent financial fraud and prevent legalization of illicit funds in Ukraine, it is necessary to ensure maximum transparency of information on the movement of financial flows in financial markets. In addition, regulators of the financial market should not only cooperate with each other but also prevent

  20. Features of legal mechanism environmental responsibility of citizens in Ukraine

    Directory of Open Access Journals (Sweden)

    О. О. Шинкарьов

    2015-05-01

    Full Text Available Problem setting. In this article it is examined the main conceptual approaches to understanding the legal arrangement for implementing citizens' environmental obligations. It is noted that despite the diversity of approaches to understanding the arrangement for implementing citizens' environmental responsibilities, most scientists include the concepts of: a a legal implementation arrangement, b the process of practical implementation, c the conditions and factors that influence it.  It is defined that the legal arrangement for implementing environmental obligations is guaranteed by prohibitions and legal regulations. In this case the regulatory legal act has two main functions:    1 prescribes the need to implement the legal obligation, determines it; 2 prescribes a result of the legal obligation implementation. Recent research and publications analysis. Particular attention is paid to the work of scientists in environmental law, including VI Andryeytseva, G. Anisimova, GI Baluk, AP Hetman M. Krasnov, II Karakash, V. Kostytsky, VV Nosik, M. Shulga, S. Shemshuchenko and others. However, most of them concerning coverage of only certain aspects, is a comprehensive analysis of the legal implementation mechanism is still lacking. It's analyzed the characteristics of the legal enforcement for implementing environmental responsibilities by citizens. It is determined that the legal arrangement for the implementation of environmental responsibilities is a part of a general arrangement of the law implementation. Ecological and legal arrangement for the implementation of environmental obligations is defined as a system of legal norms and legal relations by which the State provides the accomplishment of ecological  and legal regulations. Implementation of the constitutional obligations by the citizens is a process that is inherent in environmental responsibilities, in which there are several stages: 1 the ability to execute the obligations which are

  1. Age-related Decline in Case-Marker Processing and its Relation to Working Memory Capacity.

    Science.gov (United States)

    Sung, Jee Eun

    2017-09-01

    Purposes of the current study were to investigate whether age-related decline emerged in a case-marker assignment task (CMAT) and to explore the relationship between working-memory (WM) capacity and case-marker processing. A total of 121 individuals participated in the study with 62 younger adults and 59 elderly adults. All were administered a CMAT that consisted of active and passive constructions with canonical and noncanonical word-order conditions. A composite measure of WM tasks served as an index of participants' WM capacity. The older group performed worse than the younger group, and the noncanonical word order elicited worse performance than the canonical condition. The older group demonstrated greater difficulty in case-marker processing under the canonical condition and passive construction. Regression results revealed that age, education, and sentence type were the best predictors to account for performance on the CMAT. The canonicity of word order and passive construction were critical factors related to decline in abilities in a case-marker assignment. The combination of age, education, and sentence type factors accounted for overall performance on case-marker processing. Results indicated the crucial necessity to find a cognitively and linguistically demanding condition that elicits aging effects most efficiently, considering language-specific syntactic features. © The Author 2016. Published by Oxford University Press on behalf of The Gerontological Society of America. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  2. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

    Full Text Available Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. The growth of evidence informed law is an exciting development and one that promises to improve the legal system. In this paper I argue for the particular value of drawing not just upon empirical research methods when evaluating existing policies and practices but upon social science theories. Theory based research provides a basis for imagining and testing different models about how the legal system might operate. I support this argument by presenting research on social science frameworks for legal authority which are alternatives to the currently prevalent instrumental model.

  3. Pannus-related prosthetic valve dysfunction. Case report.

    Science.gov (United States)

    Moldovan, Maria-Sînziana; Bedeleanu, Daniela; Kovacs, Emese; Ciumărnean, Lorena; Molnar, Adrian

    2016-01-01

    Pannus-related prosthetic valve dysfunction, a complication of mechanical prosthetic valve replacement, is rare, with a slowly progressive evolution, but it can be acute, severe, requiring surgical reintervention. We present the case of a patient with a mechanical single disc aortic prosthesis, with moderate prosthesis-patient mismatch, minor pannus found on previous ultrasound examinations, who presented to our service with angina pain with a duration of 1 hour, subsequently interpreted as non-ST segment elevation myocardial infarction (NSTEMI) syndrome. Coronarography showed normal epicardial coronary arteries, an ample movement of the prosthetic disc, without evidence of coronary thromboembolism, and Gated Single-Photon Emission Computerized Tomography (SPECT) with Technetium (Tc)-99m detected no perfusion defects. Transthoracic echocardiography (TTE) evidenced a dysfunctional prosthesis due to a subvalvular mass; transesophageal echocardiography (TOE) showed the interference of this mass, with a pannus appearance, with the closure of the prosthetic disc. Under conditions of repeated angina episodes, under anticoagulant treatment, surgery was performed, with the intraoperative confirmation of pannus and its removal. Postoperative evolution was favorable. This case reflects the diagnostic and therapeutic management problems of pannus-related prosthetic valve dysfunction.

  4. Ovarian cancer-related hypophosphatemic osteomalacia--a case report.

    Science.gov (United States)

    Lin, Hung-An; Shih, Shyang-Rong; Tseng, Yu-Ting; Chen, Chi-Hau; Chiu, Wei-Yih; Hsu, Chih-Yao; Tsai, Keh-Sung

    2014-12-01

    Tumor-induced osteomalacia (TIO) is a rare paraneoplastic syndrome caused primarily by benign mesenchymal tumors. It has been associated with malignancies in rare cases. High serum levels of fibroblast growth factor (FGF) 23 reported in a group of patients with ovarian cancer had normal serum phosphate levels. There had been no ovarian cancer-related hypophosphatemic osteomalacia in a search of the literature. We investigated a 57-year-old woman with progressive low back pain. Clinical, biochemical, and radiological assessments were performed. The patient's serum phosphate and FGF23 levels were evaluated at baseline and after treatment for ovarian cancer. The patient presented with progressive low back pain and weight loss during the previous 6 months. Imaging studies revealed low bone mineral density and multiple suspicious spinal metastatic lesions. Laboratory examination showed hypophosphatemia, hyperphosphaturia, normocalcemia, an elevated serum alkaline phosphatase level, and an elevated serum FGF23 level. Because TIO was suspected, a tumor survey was performed, and ovarian carcinoma with multiple metastasis was detected. After surgery and chemotherapy treatments for ovarian cancer, the serum phosphate and FGF23 levels returned to normal, and the low back pain improved. To our knowledge, this is the first case of ovarian cancer-related hypophosphatemic osteomalacia reported in the literature. TIO should be considered in patients with ovarian cancer presenting with weakness, bone pain, and fractures. Investigation of TIO is appropriate when these patients present hypophosphatemia.

  5. Ovarian Cancer-Related Hypophosphatemic Osteomalacia—A Case Report

    Science.gov (United States)

    Lin, Hung-An; Shih, Shyang-Rong; Tseng, Yu-Ting; Chen, Chi-Hau; Chiu, Wei-Yih; Hsu, Chih-Yao

    2014-01-01

    Context: Tumor-induced osteomalacia (TIO) is a rare paraneoplastic syndrome caused primarily by benign mesenchymal tumors. It has been associated with malignancies in rare cases. High serum levels of fibroblast growth factor (FGF) 23 reported in a group of patients with ovarian cancer had normal serum phosphate levels. There had been no ovarian cancer-related hypophosphatemic osteomalacia in a search of the literature. Objective: We investigated a 57-year-old woman with progressive low back pain. Design and Intervention: Clinical, biochemical, and radiological assessments were performed. The patient's serum phosphate and FGF23 levels were evaluated at baseline and after treatment for ovarian cancer. Results: The patient presented with progressive low back pain and weight loss during the previous 6 months. Imaging studies revealed low bone mineral density and multiple suspicious spinal metastatic lesions. Laboratory examination showed hypophosphatemia, hyperphosphaturia, normocalcemia, an elevated serum alkaline phosphatase level, and an elevated serum FGF23 level. Because TIO was suspected, a tumor survey was performed, and ovarian carcinoma with multiple metastasis was detected. After surgery and chemotherapy treatments for ovarian cancer, the serum phosphate and FGF23 levels returned to normal, and the low back pain improved. Conclusions: To our knowledge, this is the first case of ovarian cancer-related hypophosphatemic osteomalacia reported in the literature. TIO should be considered in patients with ovarian cancer presenting with weakness, bone pain, and fractures. Investigation of TIO is appropriate when these patients present hypophosphatemia. PMID:25181387

  6. " Canvas " and the Legal Business Model

    Directory of Open Access Journals (Sweden)

    Frederico de Andrade Gabrich

    2016-06-01

    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.

  7. Supporting the legal Practitioner LKBS or the Web?

    NARCIS (Netherlands)

    Leenes, R.E.; Svensson, Jorgen S.

    1997-01-01

    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.

  8. 77 FR 12754 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2012-03-02

    ... DEPARTMENT OF ENERGY 10 CFR Part 719 48 Parts 931, 952 and 970 RIN 1990-AA37 Contractor Legal... rulemaking (NOPR) to revise existing regulations covering contractor legal management requirements and make... relating to the DOE notice of proposed rulemaking to revise existing regulations covering contractor legal...

  9. HYDROGEOLOGICAL RELATIONS ON KARSTIFIED ISLANDS - VIS ISLAND CASE STUDY

    Directory of Open Access Journals (Sweden)

    Josip Terzić

    2004-12-01

    Full Text Available An approach to the hydrogeological investigations on Adriatic islands is presented on the Island of Vis case study. Infiltration, accumulation and discharge of the groundwater occur in karstified rock mass. Hydrogeological relations are mostly a consequence of the geological setting, because of the complete hydrogeologic barrier in Komiža bay, and relative barrier in the area of karst poljes. Significant research was performed in the 1999 – 2000 period aimed of better understanding of hydrogeological relations. These investigations, as well as reinterpretation of some previously known data, included structural geology, hydrogeology, hydrology and hydrochemistry. Approximate rock mass hydraulic conductivity calculation is also shown, as well as level of its usability in such terrain. Based on all these methods, it is possible to conclude that on the Island of Vis there is no saline water present underneath the entire island. There is only a saline water wedge which is formed on the top of relatively impermeable base rock, some few tens of meters under recent sea level. With such a model, and taking in account the hydrological balance, it is possible to conclude that there is possibility of higher amount of groundwater exploitation then it is today (the paper is published in Croatian.

  10. Trust Mines: Legal Documents and Settlements

    Science.gov (United States)

    Legal Documents and Settlements related to the Northern Abandoned Uranium Mines Region including the Phase 1 Settlement Agreement and Environmental Response Trust Agreement, Phase 2 Settlement Agreement Removal Site Evaluation (RSE) Trust Agreement.

  11. Case report: A female case of isolated IgG4-related sclerosing cholangitis mimicking cholangiocarcinoma.

    Science.gov (United States)

    Xiao, Jianchun; Li, Guanqiao; Yang, Gang; Jia, Congwei; Li, Binglu

    2017-04-01

    IgG4-related disease is a newly recognized fibroinflammatory disorder, characterized by tumefactive lesions, storiform fibrosis and IgG4-positive plasma cells infiltration. IgG4-related sclerosing cholangitis (IgG4-SC) is the most common extrapancreatic manifestation of IgG4-related disease, but it is frequently associated with autoimmune pancreatitis(AIP). Only few case was reported to be diagnosed with IgG4-SC in the absence of AIP, with a striking male preponderance. Here we report a female case of isolated IgG4 related sclerosing cholangitis mimicking cholangiocarcinoma. A 58-year-old woman complaint of one-month history of jaundice and right upper quadrant discomfort, and the biliary reconstruction showed full-length wall thickening and segmental stenosis. Cholangiocarcinoma was then diagnosed. Choledochoplasty was performed, followed by Roux-en-Y anastomosis. However, pathological examination revealed IgG4-related sclerosing cholangitis (IgG4-SC) and the retrospective measurement of serum IgG4 was 346 mg/dL post-operatively. The patient was followed for another nine monthswithout recurrence. The differential diagnosis between cholangiocarcinoma and IgG4-SC is challenging due to significant overlap of clinical manifestations, lab tests and imaging characteristics. However, as an afterthought of this case, typical cholangiocarcinoma rarely presents full-length wall thickening. What the case taught us was pre-operative IgG4 measurement for patients with long bile duct involvement was highly recommended in order to rule out IgG4-SC.

  12. AIRBNB AND UBER: LEGAL PLATFORM BUT ILLEGAL NETWORKED BUSINESS

    Directory of Open Access Journals (Sweden)

    Saša Zupan Korže

    2018-05-01

    Full Text Available Airbnb’s and Uber's popularity and scope of their networked business has significantly grown in the last few years. Both companies are engaged in sectors, which are regulated. The purpose of this paper is to discuss the legal issues related to Airbnb networked hospitality business and to Uber's networked transport business, with focus on EU member states solutions and Slovenian approach. The research was carried out from July 2017 to March 2018. We used the method of content analysis of secondary sources, methods of compilation and comparisons, analyses of qualitative data, collected in semi-structures interviews and explanatory case studies. The results show that Airbnb and Uber have become victims of their own success. The hospitality and transport business that participants perform using Airbnb or Uber platform do not comply with sectorial regulation of majority of EU member states. European Commission suggested some guidelines to solve the issues related with networked businesses. Moreover, European Court of Justice pointed out the exact solution on Uber's case. The research opens a debate on legal issues related to new technology-based business models and questions the rationale that stand behind legal solutions.

  13. Combat-related posttraumatic stress disorder and criminal responsibility determinations in the post-iraq era: a review and case report.

    Science.gov (United States)

    Frierson, Richard L

    2013-01-01

    Since 2002, hundreds of thousands of United States troops have returned from the Iraq and Afghanistan theaters, many after multiple deployments. The high suicide rate and high prevalence of mood disorders, substance use disorders, and posttraumatic stress disorder (PTSD) in this population have been widely reported. Many returning soldiers have had difficulty adjusting to civilian life, and some have incurred legal charges. In this article, I review the prevalence and legal implications of combat-related PTSD in this population, including how symptoms of PTSD may be relevant in criminal responsibility determinations in jurisdictions that use a M'Naughten standard or American Law Institute (ALI) Model Penal Code test for criminal responsibility. Finally, an actual case in which a criminal defendant was found to lack criminal responsibility in a M'Naughten jurisdiction because of PTSD symptoms at the time of the alleged offense will be presented.

  14. Public contracts by negotiated procedure in cases of urgency – a new interpretation of the legal basis in light of experiences with organization of the 2012 European Football Championships

    Directory of Open Access Journals (Sweden)

    Krzysztof Horubski

    2013-06-01

    Full Text Available The negotiated procedure without publication of a contract notice is a special procedure for awarding public procurement contracts which departs from the obligation imposed on contracting authorities of respecting the freedoms of the internal market and rules of competition. The procedure may be applied in exceptional situations of extreme urgency resulting from an event which could not be foreseen. The current judicature of the Court of Justice of the EU provides interpretations of the legal basis for application of the procedure in specific cases. However, it does not address the issue of whether it is possible to regard improper performance of contractual obligations as unpredictable. It does not provide broader considerations concerning the form of regulations on the procedure of awarding public interest contracts either. These issues were subject to analysis in one of the resolutions of the National Appeal Chamber (KIO – the Polish authority issuing decisions in matters related to public procurement contracts. In resolution KIO/KD 58/10 of 6 August 2010, KIO assessed the correctness of the application of the negotiated procedure for changing the contractor of the Municipal Stadium in Wrocław in the run-up to the 2012 European Football Championships. KIO found that the significant delay in construction of the facility was unpredictably exceptional, and significantly threatened the timeliness of commissioning the facility, which resulted in termination of the agreement by the contracting authority. The resolution also included an assessment allowing for the position that such a situation was exceptional due to the scale of the threat to the public interest, including the commercial interest of the contracting authority, stemming from a lack of immediate performance of the contract if it resulted in disproportionate consequences for a specific community. The issue of acceptance of such an interpretation by EU institutions remains unresolved.

  15. " Canvas " and the Legal Business Model

    OpenAIRE

    Frederico de Andrade Gabrich

    2016-01-01

    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...

  16. Estimated cases of blindness and visual impairment from neovascular age-related macular degeneration avoided in Australia by ranibizumab treatment.

    Science.gov (United States)

    Mitchell, Paul; Bressler, Neil; Doan, Quan V; Dolan, Chantal; Ferreira, Alberto; Osborne, Aaron; Rochtchina, Elena; Danese, Mark; Colman, Shoshana; Wong, Tien Y

    2014-01-01

    Intravitreal injections of anti-vascular endothelial growth factor agents, such as ranibizumab, have significantly improved the management of neovascular age-related macular degeneration. This study used patient-level simulation modelling to estimate the number of individuals in Australia who would have been likely to avoid legal blindness or visual impairment due to neovascular age-related macular degeneration over a 2-year period as a result of intravitreal ranibizumab injections. The modelling approach used existing data for the incidence of neovascular age-related macular degeneration in Australia and outcomes from ranibizumab trials. Blindness and visual impairment were defined as visual acuity in the better-seeing eye of worse than 6/60 or 6/12, respectively. In 2010, 14,634 individuals in Australia were estimated to develop neovascular age-related macular degeneration who would be eligible for ranibizumab therapy. Without treatment, 2246 individuals would become legally blind over 2 years. Monthly 0.5 mg intravitreal ranibizumab would reduce incident blindness by 72% (95% simulation interval, 70-74%). Ranibizumab given as needed would reduce incident blindness by 68% (64-71%). Without treatment, 4846 individuals would become visually impaired over 2 years; this proportion would be reduced by 37% (34-39%) with monthly intravitreal ranibizumab, and by 28% (23-33%) with ranibizumab given as needed. These data suggest that intravitreal injections of ranibizumab, given either monthly or as needed, can substantially lower the number of cases of blindness and visual impairment over 2 years after the diagnosis of neovascular age-related macular degeneration.

  17. Relations of power in public schools: a case study

    Directory of Open Access Journals (Sweden)

    Maria Custódia Jorge Rocha

    2014-04-01

    Full Text Available In this paper, based on a few authors who see power as a substantive element – instituted power – and others who consider it as an action verb – instituting power (ROCHA, 2007 –, highlighting some types of power relevant in sociological and organizational research on schools, we present empirical data and institutional discourses, enabled by a case study of qualitative nature. Thus, we can say that relations of power in schools both allow the strengthening of hierarchical and asymmetrical relations of power that exist between institutional players and enable the creation of new “circles of power” that can be promptly activated or can be object of a modernization process held in a more or less generalized manner. This may be reinforced and introduced to players/students, our main target of study, as the most legitimate object, superseding all others but not canceling them. The key objective is to present school organization as a highly complex environment, especially when considered in the light of the multiple and cumulative relations of power that emerge and are materialized.

  18. DENOSUMAB-RELATED OSTEONECROSIS OF THE JAWS: A CASE REPORT

    Directory of Open Access Journals (Sweden)

    Milena Petkova

    2017-03-01

    Full Text Available Bisphosphonates are potent and effective drugs frequently used to prevent the skeletal complications associated with postmenopausal osteoporosis in women, to manage patients with multiple myeloma, hypercalcemia, and metastasis of cancer to the bone. The search for new medications with the same therapeutic effectiveness as the bisphosphonates but fewer side effects has resulted in the discovery of Denosumab, a human monoclonal antibody against the receptor activator for nuclear factor kappa B ligand (RANKL, therefore inhibiting osteoclast differentiation and function. Denosumab is a class of drugs that are entirely different from the traditional antiresorptive drugs, the bisphosphonates. Denosumab has several advantages, including better tolerability, ease of subcutaneous injection, a shorter half-life, and a reduced incidence of nephrotoxicity. Patients receiving bisphosphonates are at risk to develop a severe devastating complication - osteonecrosis of the jaws (ONJ - which is challenging to treat. Since 2010 there have been reports of ONJ in patients taking denosumab. In the 2014 position paper of the American Association of Oral and Maxillofacial Surgeons, the nomenclature “bisphosphonate-related osteonecrosis of the jaw” was changed to “medication related osteonecrosis of the jaw” (MRONJ. The change is justified to accommodate the growing number of osteonecrosis cases involving the maxilla and mandible associated with other antiresorptive (denosumab and antiangiogenic therapies. Here we report a development of denosumab-related osteonecrosis of the jaw (DRONJ - a new type of bony necrosis- in patient with bone metastases of breast cancer on Denosumab therapy. The patient has no previous history of taking bisphosphonates.

  19. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

    To see whether advocacy for abortion law and comprehensive abortion care (CAC) sites after legalization of abortion in Nepal is adequate among educated people (above school leaving certificate). 150 participants were assigned randomly who agreed to be in the survey and were given structured questionnaires to find out their perception of abortion and CAC sites. Majority know abortion is legalized and majority have positive attitude about legalization of abortion, however majority are not aware of abortion service in CAC sites and none knew the cost of abortion service. Proper and adequate advocacy of the new abortion law and CAC service is essential.

  20. 31 CFR 587.507 - Provision of certain legal services authorized.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Provision of certain legal services authorized. 587.507 Section 587.507 Money and Finance: Treasury Regulations Relating to Money and Finance...-case basis authorizing receipt from unblocked sources of payment of professional fees and reimbursement...

  1. Medical negligence. An overview of legal theory and neurosurgical practice: duty of care.

    Science.gov (United States)

    Todd, Nicholas V

    2014-04-01

    A working knowledge of the legal principles of medical negligence is helpful to neurosurgeons. It helps them to act in a "reasonable, responsible and logical" manner, that is a practice that is consistent with the surgical practice of their peers. This article will review and explain the relevant medical law in relation to duty of care with illustrative neurosurgical cases.

  2. Chernobyl and no legal consequences

    International Nuclear Information System (INIS)

    Sterzel, D.

    1987-01-01

    The author is doubtful about the judgement of the Superior Administrative Court Lueneburg of October 28, 1986 relating to the nuclear power plant of Brokdorf. Fundamental rights of citizens who live in the vicinity of a nuclear power plant are not guaranteed. The protection of life according to article 2 of the German Constitution should have priority over legal protection of atomic power plants pursuant to art. 14 of the Constitution. (CW) [de

  3. Tube Thoracostomy-Related Necrotizing Fasciitis: A Case Report

    Directory of Open Access Journals (Sweden)

    Shun-Pin Hsu

    2006-12-01

    Full Text Available Spontaneous pneumothorax is a serious complication of pulmonary tuberculosis that requires immediate treatment. Necrotizing fasciitis is a serious, rapidly progressive infection of the subcutaneous tissue and fascia, most related to trauma or surgery. Here, we report a case of pulmonary tuberculosis with spontaneous pneumothorax. A standard procedure of tube thoracostomy was performed for lung re-expansion. Two days after the tube was removed, necrotizing fasciitis developed from the puncture site. Computed tomography of the chest showed focal thickness with gas formation and loss of the fat plane over the chest wall, which is compatible with the diagnosis of necrotizing fasciitis. Aggressive treatment was given, including emergency fasciectomy and adequate systemic antibiotic and antituberculous treatment. The necrotizing fasciitis was successfully treated. The patient was discharged and sent home with maintenance antituberculous therapy.

  4. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Hamdi Podvorica

    2011-06-01

    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

  5. The Bald And Golden Eagle Protection Act, Species-Based Legal Protection And The Danger Of Misidentification

    Directory of Open Access Journals (Sweden)

    Johann C Knobel

    2015-12-01

    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.

  6. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

    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.

  7. The changing purpose of mental health law: From medicalism to legalism to new legalism.

    Science.gov (United States)

    Brown, Jennifer

    2016-01-01

    The role of law in regulating mental health detention has come to engender great contention in the legal and sociological disciplines alike. This conflict is multifaceted but is centred upon the extent to which law should control the psychiatric power of detention. In this manner the evolution of law regulating mental health detention has been seen in terms of a pendulous movement between two extremes of medicalism and legalism. Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally. Copyright © 2016 Elsevier Ltd. All rights reserved.

  8. 22 CFR 92.85 - Service of legal process usually prohibited.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Service of legal process usually prohibited. 92... RELATED SERVICES Quasi-Legal Services § 92.85 Service of legal process usually prohibited. The service of process and legal papers is not normally a Foreign Service function. Except when directed by the...

  9. CONSIDERATIONS REGARDING THE INTERPRETATION OF LEGAL NORM

    Directory of Open Access Journals (Sweden)

    Camelia IGNĂTESCU

    2013-12-01

    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.

  10. Legal protection in French environmental law

    International Nuclear Information System (INIS)

    Fromont, M.

    1983-01-01

    The author presents a comparison of the French and the Federal German legal provisions providing for preliminary legal protection in connection with proceedings where protection of the environment is involved. The author also discusses proceedings in contentious administrative matters in connection with the licensing of the construction and operation of nuclear power plants, as well as the protection of the laws in subject matters concerning airborne pollution control and environmental protection in general. One of the most outstanding different features is the fact that in legal proceedings on administrative matters in France, protection of the existing legal system is the main issue rather than the protection of individual rights, as is the case in the Fed. Republic of Germany. (HP) [de

  11. Legalized abortion in Japan.

    Science.gov (United States)

    Hart, T M

    1967-10-01

    The enactment of the Eugenic Protection Act in Japan was followed by many changes. The population explosion was stemmed, the birth rate was halved, and while the marriage rate remained steady the divorce rate declined. The annual total of abortions increased until 1955 and then slowly declined. The highest incidence of abortions in families is in the 30 to 34 age group when there are four children in the family. As elsewhere abortion in advanced stages of pregnancy is associated with high morbidity and mortality. There is little consensus as to the number of criminal abortions. Reasons for criminal abortions can be found in the legal restrictions concerning abortion: Licensing of the abortionist, certification of hospitals, taxation of operations and the requirement that abortion be reported. Other factors are price competition and the patient's desire for secrecy. Contraception is relatively ineffective as a birth control method in Japan. Oral contraceptives are not yet government approved. In 1958 alone 1.1 per cent of married women were sterilized and the incidence of sterilization was increasing.

  12. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

    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

  13. Imaginary on International Migrants’ Human Rights in the Legal System: Some Limitations to the Principle of Universality in the Case of Argentina

    Directory of Open Access Journals (Sweden)

    Anahí Patricia González

    2017-06-01

    Full Text Available The purpose of this study is to analyze social representations of members of the legal system about human rights of international immigrants arrived to Argentina in the second half of 20th century. A qualitative methodological strategy was implemented; semistructured interviews to members of the legal institution of Buenos Aires metropolitan area were used. The interviews were transcribed and processed with qualitative criteria by implementing the Strauss and Corbin's (2002 methodology. This article analyses two relevant dimensions: citizens’ rights and migration policies. Among the main findings in the discourse of the subjects interviewed, it can be said that negative social representations about foreign people and their arrival to the country prevail. Even though there is a gradient of opinions whose extremes meet. On the one hand, there are those affirming equality (formal in the access to all rights for native and migrant population. On the other hand, there are those who propose the priority of access to these rights for native subjects. The principle of universality from a human rights perspective is dwarfed when compared to the position of those who consider the migration control, the restriction of the arrival of migrants, and the closure of national borders as essential

  14. Religious legal systems: challenges of the modernity

    Directory of Open Access Journals (Sweden)

    Д. В. Лук’янов

    2015-11-01

    Full Text Available The influence of world globalization processes on the development of the religious legal systems has been analyzed in the paper. Globalization processes in the XXI century are regarding individuals, nations, and civilizations. Global transformations lead to qualitative changes in the socio-cultural relations and actualize a wide range of issues which are related to the formation of a new world culture. Modern globalization takes diverse range of public relations in its own orbit. The relationship between the legal systems in the twentieth century is some of the most important aspects of this process. However, the interaction of legal systems has significant differences from the interaction of economies of different countries. There are actual economic relations domination of Western financial and economic institutions and standardization of relevant rules. But the attempts to apply this approach to law lead to resistance to Western standards and the spread of major civilizational conflicts in different parts of the world. Globalization should be based on respect for cultural, religious and legal diversity. It has to ensure preservation of forced “Westernisation”. Significant differences in the impact of globalization on the convergence of legal systems of Western law (Romano-Germanic and Anglo-American and their impact on religious legal systems of Muslim, Hindu and Jewish law must be emphasized. The religious legal systems are not exposed to other systems and the related changes. This is due to such features as the divine nature, increased stability, specific sources of law etc. An important issue that requires further study is the reverse influence which religious law exercises to secularized modern legal system.

  15. THE CASE OF GOVERNMENT OF THE REPUBLIC OF ZIMBABWE v LOUIS KAREL FICK: A FIRST STEP TOWARDS DEVELOPING A DOCTRINE ON THE STATUS OF INTERNATIONAL JUDGEMENTS WITHIN THE DOMESTIC LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    Erika de Wet

    2014-04-01

    Full Text Available The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the domestic legal order. It concerned a binding decision by the (now suspended Southern African Development Community (SADC Tribunal against Zimbabwe, which was also enforceable in South Africa. A key issue before the Court was whether or not the South African statutory rules of civil procedure for the enforcement of foreign judgments also covered judgments of international courts and tribunals (as anticipated by Article 32(1 of the Protocol on the SADC Tribunal. As none of the relevant statutory legislation was applicable in this instance, the common law remained the only possible avenue through which the SADC Tribunal’s decision could be enforced in South Africa. At the time of the decision, the common law on the enforcement of civil judgments had developed only to a point where it provided for the execution of judgments made by domestic courts of a foreign state (ie decisions of other national courts. The Court was therefore confronted with whether or not an international decision in the form of a cost order of the SADC Tribunal amounted to a “foreign judgment” as recognized by the South African common law. The Court answered this question in the affirmative by relying on those clauses in the Constitution that committed South Africa to the rule of law, as well as its obligations under international law, and to an international-law friendly interpretation of domestic law. Although the decision is to be welcomed and applied the law correctly to the facts of the case, it does raise the issue of the wisdom of equating international judgments with foreign judgments on a more general scale. This relates to the fact that it is generally accepted in most jurisdictions that the recognition and enforcement of a

  16. Cutaneous Complications Related to Tattoos: 31 Cases from Finland.

    Science.gov (United States)

    Kluger, Nicolas

    2017-01-01

    Cutaneous complications related to permanent tattoos affect 2-30% of those patients who have tattooed their skin. Little is known about the cases of tattoo complications in Finland. The aim of this study was to conduct a retrospective review of a series of Finnish patients with cutaneous tattoo reactions. We collected cases of tattoo reactions from the Department of Dermatology at Helsinki University Central Hospital, from members of the Finnish dermatological society and from various other sources (author's private practice, tattooists, professional internet forum). We analysed the demographics, clinical presentation, diagnosis, and microscopic findings on the skin biopsies, and evaluated the therapeutic outcome. Thirty-one patients (16 men and 15 women, mean age 37.8) were included from 9 cities, mainly from Helsinki. Fifty-two percent (16/31) presented with an allergic tattoo reaction mainly against the red colour (75%, 12/16). Reactions were clinically polymorph ranging from scattered papules or nodules to complete infiltration of a colour. Lesions were itchy and sometimes painful. The reactions were lichenoid, granulomatous, pseudolymphomatous or less specific with a dermal lympho-histiocytic or plasmocytic infiltrate. Other diagnoses included tattoo blow-out (13%), melanoma within a tattoo, naevi within a tattoo (10% each), lichen planus (6%), granulomatous reaction with uveitis, sarcoidosis and dermatofibroma (3% each). Allergic tattoo reactions were mainly treated with local corticosteroid (CS) ointments, CS infiltration or surgical removal. This review is the largest series of tattoo complications in the Baltic area. It illustrates the wide spectrum of complications. Prospective, controlled therapeutic studies are necessary to assess the best treatment protocols for tattoo allergies and tattoo reaction management in general. © 2017 S. Karger AG, Basel.

  17. Against a Systemic Legal History

    Directory of Open Access Journals (Sweden)

    Simon Roberts

    2002-01-01

    Full Text Available This paper questions the resort to systems theory as the foundation of an evolutionary legal history. In particular, the theoretical legacy of Niklas Luhmann upon which Marie Theres Fögen proposes to draw seems to have limited application outside a context in which advanced system differentiation is present. Although (like Marx, Durkheim and Weber before him Luhmann drew in a broad evolutionary trajectory, he was concerned principally with “functionally differentiated society”. Earlier phases – covering precisely those formations that historians will presumably focus upon – are very hazily sketched in and relatively poorly theorised. In general, we should not too readily acknowledge “the exhaustion of the paradigm of modernity” (Santos, 1995 or rush to proclaim the obsolescence of multi-dimensional approaches such as those of Bourdieu (1977 and Giddens (1984. Any legal history that marginalises both human actors and the conditional environment has a considerable task in making up the ensuing deficit.

  18. Necessity of including medico-legal autopsy data in epidemiological surveys of individuals with major trauma.

    Science.gov (United States)

    Bagher, A; Wingren, C J; Ottosson, A; Andersson, L; Wangefjord, S; Acosta, S

    2015-08-01

    It is rare that epidemiological surveys of patients with major trauma include both those admitted to the emergency department and those sent for medico-legal autopsy. The main aim of the present population-based study of major trauma was to examine the importance of medico-legal autopsy data. A new injury severity score (NISS)>15 or lethal outcome was used as criteria for major trauma and to identify patients at the emergency, anaesthesiology and forensic departments and/or being within the jurisdiction of the Malmö police authority and subjected to a medico-legal autopsy between 2011 and 2013. According to Swedish legislation all trauma related deaths should be reported to the police who refer these cases for medico-legal autopsy. Among the 174 individuals included, 92 (53%) died and 81 (47%) underwent medico-legal autopsy. One hundred twenty-six patients were primarily admitted to hospital and 48 died before admission to hospital and were sent directly for medico-legal autopsy. Forty-four in-hospital deaths occurred, of whom 33 (75%) were sent to medico-legal autopsy. In those sent directly to the department of forensic medicine the proportion of accidents was lower (pautopsies among trauma-related deaths at hospital were high age (pautopsy according to legislation, but did not. The high proportion of positive toxicological findings among fatalities examined at medico-legal autopsy implies that toxicology screening should be routine in major trauma patients, in order to improve treatment and prevention. Copyright © 2015 Elsevier Ltd. All rights reserved.

  19. Legal relevance of the purpose of contract in German law

    Directory of Open Access Journals (Sweden)

    Dudaš Atila

    2013-01-01

    Full Text Available Unlike the French Civil code, the German Civil code belongs to the group of so-called anti-causalistic codifications, since it explicitly does not govern the issue of purpose (cause of contract. Due to this very reason, the delineation between abstract and causal juridical acts gains special importance in German law. The German Civil Code governs a number of juridical acts and other acts of legal importance that are abstract in their nature. Among them the abstract nature of the promise to fulfill an obligation (Schuldversprechung and the acknowledgement of a debt (Schuldannerkennung is traditionally considered the most prominent. However, the relation to the purpose for which they are concluded is not entirely interrupted, since in the case of frustration of their purpose, any asset given to the other party is subject to restitution under the rules of unjustified enrichment. The fact that the issue of purpose of contract is not explicitly governed in the German Civil Code, does not lead to the conclusion, though, that it is legally irrelevant. It gains legal relevance in two different aspects: as a licit and as an illicit purpose. On the one hand, juridical acts concluded with the aim to achieve illicit purposes are considered void, for which the Code's sections on the general confines of the principle of freedom of contract serve the statutory basis - such juridical acts infringe the institution of 'good customs' (gute Sitten, usually referred to as public policy, while the performance of other factual or legal acts in order to achieve illicit purposes are sanctioned under the rules of unjustified enrichment. On the other hand, lawful purposes of the parties gain legal relevance in relation to a range of various institutions. Concerning some of them the Code itself contains formulations implying the necessity to ascertain the purpose of contract, while in other cases the case law and the doctrine have come to such conclusion. The determination

  20. Legal Considerations for International Collaborative Research Contract

    International Nuclear Information System (INIS)

    Lee, D. S.; Oh, K. B.; Kim, H. J.; Lee, J. H.

    2007-01-01

    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

  1. Cannabis use and support for cannabis legalization

    OpenAIRE

    Palali, A. (Ali); Ours, Jan

    2016-01-01

    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...

  2. Relationship Marketing in Legal Services Marketing Strategy

    OpenAIRE

    Audronė Androšiūnaitė; Borisas Melnikas

    2013-01-01

    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...

  3. Psychiatric diagnosis in legal settings

    Directory of Open Access Journals (Sweden)

    Alfred Allan

    2005-12-01

    Full Text Available When asked to give a diagnosis in legal settings practitioners should be mindful of the tentative nature of psychiatric diag- noses and that courts require that such a diagnosis must have scientific credibility. South African courts are not explicit about the test they will apply to determine whether a diagno- sis is scientifically credible, but some guidance can be found in United States case law. This paper examines these criteria with reference to the disorders included in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR.

  4. Legal and methodological bases of comprehensive forensic enquiry of pornography

    Directory of Open Access Journals (Sweden)

    Berdnikov D.V.

    2016-03-01

    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.

  5. Comprehensive legal aid to the participants in criminal proceedings when applying security measures

    Directory of Open Access Journals (Sweden)

    Fadeev P.V.

    2014-12-01

    Full Text Available Legal assistance to the participants in criminal procedure is represented as a complex phenomenon, including the features of international legal assistance, qualified legal assistance, as well as the activities of public authorities in criminal proceedings and professional lawyers (attorneys, advocates, representatives to assist physical and legal persons to protect, safeguard and realize their rights and interests. Legal assistance in case of threat to life, health, rights of participants in criminal proceedings is considered. The activity of certain subjects of criminal proceedings aimed at explaining the rights of crime victims is analyzed. The grounds for applying security measures are determined. Proposals for improving part 3 of article 11 of the RF Criminal Procedure Code are made: “3. In case there is a threat of causing physical, property, moral damage or other harm prohibited by criminal law to rights and legitimate interests of the victim, witness or other participants in criminal proceedings as well as their close relatives, relatives or close persons, the court (judge, the prosecutor, the head of the investigative agency, the investigator, the preliminary investigation agency take security measures, provided by part 9 of article 166, part 2 of article 186, part 8 of article 193, paragraph 4 of part 2 of article 241 and part 5 of article 278 of this Code as well as other security measures provided by the RF legislation, in respect of those persons within twenty-four hours on the basis of these persons’ written (oral statement or on their own initiative within their competence”.

  6. Public perceptions of arguments supporting and opposing recreational marijuana legalization.

    Science.gov (United States)

    McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L

    2017-06-01

    In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments

  7. Work-Related Upper Limb Disorders: A Case Report

    Directory of Open Access Journals (Sweden)

    Zlatka Borisova Stoyneva

    2015-03-01

    Full Text Available In this study the complex interrelationship between physical factors, job stress, lifestyle and genetic factors on symptoms of work-related musculoskeletal disorders of the upper limbs is demonstrated by a case report and discussion of the literature. A 58 year old woman with long lasting complaints of the upper limbs with increasing intensity and duration, generalisation, combined with skin thickness, Raynaud’s phenomenon, joint disorders, arterial and pulmonary hypertension, metabolic lipid dysfunctions is presented. Occupational history proves continuous duration of service at a job with occupational physical static load with numerous repetitive monotonous systematic motions of fingers and hands as a weaver of Persian rugs followed by work at an automated loom and variable labour activities. Though the complaints dated since the time she was a manual weaver, the manifestations of generalized joint degenerative changes, system sclerosis with Raynaud’s phenomenon with similar upper extremities signs and symptoms discount upper limbs musculoskeletal disorder as caused only or mainly by occupational risk factors. The main principles and criteria for occupational diagnosis of musculoskeletal upper limb disorders and legislative requirements for their reglamentation are discussed.

  8. The legal nature of the contract currency bank account

    Directory of Open Access Journals (Sweden)

    Ольга Олегівна Чорна

    2016-06-01

    Full Text Available The Civil Code of Ukraine there are no specific rules governing contractual relationship currency bank account, and existing norms in the national legislation does not reflect the specificity, complexity bank currency relations; regulations that regulate banking operations in foreign currencies, in some cases inconsistent, uncoordinated and even contradictory; In addition, some based on somewhat outdated today philosophical position, affecting the development bank currency civil relations. Problems about the determination of the legal nature of the contract currency bank account, studied and continue to study the eminent jurist scholars, among which highlight G.F. Shershenevich, C.A. Fleyshyts, I.B. Nowicki, M.N. Agarkova, A.S. Ioffe, N.S. Kuznetsov, I.A. Bezkluboho etc. Purpose of the article – the definition of the legal nature of the contract currency bank account, as well as research and analysis of major scientific debate on the subject. Given the inextricable link between the two elements of a bank account without connectivity relations on the account balance on any loan or of storage, believe that the bank account agreement today is an independent civil - legal contract.

  9. Addressing legal and political barriers to global pharmaceutical access: options for remedying the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the imposition of TRIPS-plus standards.

    Science.gov (United States)

    Cohen-Kohler, Jillian Clare; Forman, Lisa; Lipkus, Nathaniel

    2008-07-01

    Despite myriad programs aimed at increasing access to essential medicines in the developing world, the global drug gap persists. This paper focuses on the major legal and political constraints preventing implementation of coordinated global policy solutions - particularly, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral and regional free trade agreements. We argue that several policy and research routes should be taken to mitigate the restrictive impact of TRIPS and TRIPS-plus rules, including greater use of TRIPS flexibilities, advancement of human rights, and an ethical framework for essential medicines distribution, and a broader campaign that debates the legitimacy of TRIPS and TRIPS-plus standards themselves.

  10. THE LEGALITY OF DIVORCE IN THE PERSPECTIVE OF HADITH

    Directory of Open Access Journals (Sweden)

    Ridwan Hasbi

    2016-05-01

    Full Text Available Cerai talak (formula for divorce and Cerai gugat (sue for divorce are two terms of termination of marriage bond in Indonesia. The formula of divorce is a term that coincides with a divorce coming from the will of a husband and sue for divorce is the desire of a wife to separate from her husband. Islamic Law legalizes the right of wives in cases of divorce redeem (khulu‘ and fasakh because of syiqaq. On the other side, there are signs setting the rights up, so that the given reasons to use the rights must be legal in syar‘i. The reasons for the legality of divorce is a common-cause factor, so that the banning with threatening hadiths as well as those of the hadiths that say wives must obey their husbands, the wives should not hurt their husband and the wives are prisoners of husbands are all categorized into general. At another angle, there also the hadiths concerning with the status a couple husband and wife is heaven and hell for them in a household. Contextualization of hadiths that ban a wife asking for divorce without any legal cause from Syar‘i, and also those of the hadiths legalize khulu‘ are the realization of the conjugal lives with regards to the mandate of Allah and religious values. The facts of a wife sue for divorce to her husband are the conditions related to a confusion occurred in a household which are influenced by a variety of factors, i.g. economy, adultery, polygamy, social strata and others. A sue for divorce which is Syar’i based condition is a disagreement prolonged strife after peace held between the two sides and act endangers a wife

  11. Legal aspects of radiactive installations

    International Nuclear Information System (INIS)

    Malheiros, T.M.M.; Knoefell, T.M.J.

    1988-01-01

    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

  12. Legal highs - legal aspects and legislative solutions.

    Science.gov (United States)

    Kapka-Skrzypczak, Lucyna; Kulpa, Piotr; Sawicki, Krzysztof; Cyranka, Małgorzata; Wojtyła, Andrzej; Kruszewski, Marcin

    2011-01-01

    In recent years the attention of society, the media and politicians has focused on the negative phenomenon of the occurrence of an enormous amount of new psychoactive substances flooding the European market. In Poland and in Europe they are known under the name 'legal highs' or 'smart drugs'. In many countries these compounds present a serious social and health problem. The core of the problem is the fact that in the light of the law these substances are legal, while actually they imitate the eff ect of illegal narcotics. Smart drugs are sold allegedly as 'products not intended for human consumption', under the cover of 'collector's commodities', 'incense sticks' or 'bath salts'. Efforts undertaken by many countries, including Poland, are biased towards gaining control over this pathological phenomenon by placing the subsequent substances on the list of prohibited agents. However, the resilient chemical and pharmaceutical industry still remains one step ahead by introducing new derivatives of already banned products, practically identical in action. The presented article is an attempt to bring closer the problem of smart drugs in Poland, from the occurrence of this alarming phenomenon, through the spread of sales in shops all over Poland, to a series of changes in the Polish anti-narcotic law, drastic actions of closing the shops throughout the entire country, and transferring the sale of smart drugs to the internet.

  13. Imaging of body packing: errors and medico-legal issues.

    Science.gov (United States)

    Reginelli, Alfonso; Russo, Anna; Urraro, Fabrizio; Maresca, Duilia; Martiniello, Ciro; D'Andrea, Alfredo; Brunese, Luca; Pinto, Antonio

    2015-10-01

    Body packing is the ingestion or insertion in the human body of packed illicit substances. Over the last 20 years, drug smuggling has increased global and new means of transport of narcotics have emerged. Among these, the most frequent one is the gastrointestinal tract: from mouth to anus, vagina, and ears. Cocaine is one of the most traded drugs, followed by heroin. Condoms, latex gloves, and balloons are typically used as drug packets for retention in the body. There are different radiologic modalities to detect illicit drugs in body packing: Plain radiography, computed tomography (CT), ultrasound, and magnetic resonance. Current protocols recommend the use of radiography to confirm packet retention and, in case of doubt, the use of abdominal CT scan with reduced mAs. In case of packet rupture, catastrophic effects can occur. Management of patients carrying packets of drugs is a recurrent medico-legal problem. To improve diagnostic accuracy and prevent hazardous complications, radiologists and emergency physicians should be familiar with radiologic features of body packing. The radiologist plays both a social and a medico-legal role in their assessment, and it should not be limited only to the identification of the packages but must also provide accurate information about their number and their exact location. In this review, we focus on diagnostic errors and medico-legal issues related to the radiological assessment of body packers.

  14. Seismic Activity: Public Alert and Warning: Legal Implications

    Science.gov (United States)

    Zocchetti, D.

    2007-12-01

    As science and technology evolve in ways that increase our ability to inform the public of potentially destructive seismic activity, there are significant legal issues for consideration. Even though countries and even states within the United States have differing legal tenets that could either change or at least re-shape the outcome of specific legal questions that this session will be pondering, there are fundamental legal principals that will permeate. It is often said that the law lags behind society and in particular its technological developments. No doubt in the area of warning the public of impending destructive forces of nature or society, the law will need to do some catching up. The law is probably adequately developed for at least some preliminary discussion of the key issues. No matter the legal scheme, if there is a failure or perceived failure in the system to warn people of a pending emergencies, albeit an earthquake, tsunami, or other predictable event, those who are harmed or believe they are harmed will seek relief under the law. Every day there are situations wherein the failure to warn or to adequately warn is key, such as with faulty or defective consumer products, escaped prisoners, and police high-speed vehicle chases. With alert and warning systems for disaster, however, we have a unique set of facts. Generally, the systems and their failures occur during emergencies or at least during situations under apparently exigent circumstances when the disaster's predictability is widely recognized as less than 100 percent. The law, in particular United States tort law, has been particularly lenient when people and organizations are operating during compressed timeframes and their actions are generally considered necessary to address circumstances relative to public safety. The legal system has been forgiving when the actor that failed or appeared to fail was government. The courts have liberally applied the principal of sovereign immunity to

  15. The penal aspect of the essence of the legal institute

    Directory of Open Access Journals (Sweden)

    Олег Миколайович Кревсун

    2016-04-01

    Full Text Available Law, like any social phenomenon, can be the object of cognition only if legal norms that is its components, will come into connection with other legal norms, not only to form separate elements of the law. Without a comprehensive study of the interaction between legal norms, their role in the regulation of social relations will be impossible to develop effective legal measures of influence on various spheres of public life. Unfortunately, proper attention to this issue in Ukraine is not given. Examined, in fact, a certain set of interconnected rules of law, but each of them, representing this population, is investigated separately, without necessary connection with other laws. However, as presented in the legal literature, the research results confirmed the existence in law of such legal norms, which are involved in the regulation of certain social relations, being in its totality as an integrated whole. Such laws called legal institutions. Legal institutions, subinstitutes and interdisciplinary subinstitutes of penal law, both from the point of view of legal terminology and from the point of view of defining the content, in domestic science remains thoroughly unexplored and only mentioned in some scientific works of foreign authors. The term “legal institution” is used by scholars more as a term authoritative sound. In this article, we first provide a definition of the legal Institute, subinstitute and cross-subinstitute of penal law, interpret the normative contents of the allocated inherent characteristics, focusing on the absence in domestic science studies on this issue.

  16. Health Law as a Legal Discipline

    DEFF Research Database (Denmark)

    Madsen, Helle Bødker

    2011-01-01

    The issue of how to dispose of aborted foetuses is a sensitive ethical and legal issue which relates directly to the legal status of the foetus. An illustrative example of this issue’s practical legal relevance is the Danish Council of Ethics’ recommendation of March 3, 2011, in reply...... to the Municipality of Odense regarding the establishment of a separate anonymous lawn for aborted foetuses at the town’s principal cemetery in order to provide parents with a free and optional alternative to the current procedure.The aim of this article is to analyse death before life in Danish law and to offer some...... general reflections on the legal status of cadaveric foetuses....

  17. Syphilis presenting as isolated cervical lymphadenopathy: two related cases.

    NARCIS (Netherlands)

    Crevel, R. van; Grefte, J.M.M.; Doorninck, D. van; Sturm, P.D.J.

    2009-01-01

    Two young adult brothers, with no apparent risk for sexually transmitted infections (STI), presented with unilateral cervical lymphadenitis. Syphilis was diagnosed by fine-needle aspiration cytology in one case, and subsequent serology and revision of a resected lymph node in the second case.

  18. Client participation in moral case deliberation: a precarious relational balance

    NARCIS (Netherlands)

    Weidema, F.C.; Abma, T.A.; Widdershoven, G.A.M.; Molewijk, A.C.

    2011-01-01

    Moral case deliberation (MCD) is a form of clinical ethics support in which the ethicist as facilitator aims at supporting professionals with a structured moral inquiry into their moral issues from practice. Cases often affect clients, however, their inclusion in MCD is not common. Client

  19. Power and control in the legal system: from marriage/relationship to divorce and custody.

    Science.gov (United States)

    Watson, Laurel B; Ancis, Julie R

    2013-02-01

    The purpose of this study was to examine the ways in which abuse that occurred during marriage/relationship continued within divorce and custody-related legal proceedings. Twenty-seven women participated in semistructured interviews. Interviews were analyzed utilizing a grounded theory approach in order to inductively arrive at a theory explaining how abuse dynamics may continue during legal proceedings. Participants identified child support litigation, custody and visitation battles, intimidation/harassment, deliberately prolonging the case, manipulating finances, and distortions of information as methods by which their exes sought to maintain power and control. Counseling implications are described.

  20. LEGAL SECURITY ON CELLPHONE TRADING THROUGH ELECTRONIC MEDIA IN INDONESIA

    OpenAIRE

    Aan Aswari

    2017-01-01

    The rapid growth of technology development brings impact on human life related to its utilization. This article analyzes legal security through several components in a cellphone trading through electronic media. This study is a conceptual idea and shows that the implementation of legal security in several components should provide solution to any potential conflicts. A good intention component should be applied to form an ideal legal relation from the beginning to the end and realization in p...

  1. Legal Security on Cellphone Trading Through Electronic Media in Indonesia

    OpenAIRE

    Aswari, Aan; Pasamai, Syamsudin; Qomar, Nurul; Abbas, Ilham

    2017-01-01

    The rapid growth of technology development brings impact on human life related to its utilization. This article analyzes legal security through several components in a cellphone trading through electronic media. This study is a conceptual idea and shows that the implementation of legal security in several components should provide solution to any potential conflicts. A good intention component should be applied to form an ideal legal relation from the beginning to the end and realization in p...

  2. Postmortem sperm procurement: a legal perspective.

    Science.gov (United States)

    Kahan, S E; Seftel, A D; Resnick, M I

    1999-06-01

    Postmortem sperm procurement with subsequent artificial insemination has become a technically feasible method for posthumous conception. A variety of legal questions exist involving the rights and relationships of the deceased, his family and his issue. We addressed these questions and designed a workable protocol for postmortem sperm procurement. MEDLINE, WESTLAW and LEXIS medical literature, and case law searches were conducted. United States and international case law, United States (federal and state) statutes, Uniform Law Commissions Acts, and law review commentaries and articles were reviewed. While postmortem sperm procurement is being requested throughout the United States, no standard protocol or procedural guidelines have been established by federal or state statute. Furthermore, the courts have not yet addressed this specific scenario in reported case law. Statutes and case law do address related factual scenarios and issues, including property rights in human bodies, rules governing transplantation of human organs/body parts, rights of parties in in vivo sperm bank donations and responsibilities of parents to the conceptus of artificial insemination. A workable protocol can be established by analyzing case law and statutes addressing factually similar scenarios. Urologists must focus on the express intent of the decedent and limit any postmortem sperm retrieval to the specific requests made by the decedent. Decedent requests should be documented in writing. The decedent must be competent and of majority age. In the absence of decedent expressed affirmative directive calling for sperm retrieval, no other relative or guardian may authorize this retrieval. Issues regarding the legitimacy and inheritance rights of the conceptus will most consistently be addressed when explicitly provided for in the will of the decedent.

  3. Deficiencies of regulation of euthanasia in legal acts of foreign countries

    Directory of Open Access Journals (Sweden)

    Polaks R.

    2014-01-01

    Full Text Available Today in most countries the practising of euthanasia is not permissible and as in any case of a criminal offence, which endangers the life of a person, criminal liability applies here. However, the analysis of legal norms in foreign criminal codes reveals several deficiencies, ranging from – the absence of legal regulation which leads to a paradoxical situation, when ignoring the motive and aim of the offence, euthanasia is qualified according to the article of the criminal code which provides for liability for murder with no mitigating circumstances, but assisted suicide liability does not apply at all, – to including special legal norms pertaining to this problematic issue, in the structure of criminal codes, in the disposition of which there is an absence of several mandatory constituent elements of these particular criminal offences, thus unduly extending the provision of these norms in practice also in the cases not related to “easy death”. The deficiencies of legal acts are observed also in those few countries which allow a definite form of euthanasia and its practising by means of special laws. And most importantly, foreign legislators ignore such forms of terminating the lives of incurably ill persons as active and passive non-voluntary euthanasia, which depending on the nature of the offence requires an appropriate legal framework, which so far has not been observed.

  4. [Technical statement by the Spanish Paediatric Association in relation to gender diversity in childhood and adolescence: Ethical and legal view from a multidisciplinary perspective].

    Science.gov (United States)

    Riaño Galán, Isolina; Del Río Pastoriza, Inés; Chueca Guindulain, María; Gabaldón Fraile, Sabel; de Montalvo Jááskeläinem, Federico

    2018-03-19

    An ethical and legal view of gender diversity in childhood and adolescence is presented from the perspective of the best interest of the child and the principle of protection against vulnerability. The identification of gender diversity in childhood and adolescence is a process that requires support, coordination and a multidisciplinary team that improves care and helps to obtain evidence that is lacking today. Secure, equitable and comprehensive access to care and health care should be guaranteed when required. It is necessary to promote a changing of social outlook, capable of overcoming the stereotypes that lead to discrimination and increase suffering. Respect for gender diversity in childhood and adolescence is a fundamental Human Right. The recognition of a positive value in diversity is an ethical imperative. All of this, without forgetting that we are talking about minors often in contexts of vulnerability, and currently very uncertain, so prudence is the main rule that should guide decision-making. Copyright © 2018. Publicado por Elsevier España, S.L.U.

  5. Legal requirements concerning the technical safety of nuclear installations

    International Nuclear Information System (INIS)

    Nolte, R.

    1984-01-01

    A short survey on nuclear risks and the nuclear safety conception is followed by the attempted clear definition of the semantic import of section 7, sub-section (2), No. 3 of the Atomic Energy Act. There are first beginnings of a concretization of the state-of-the-art in science and technology, i.e. all kinds of sub-legislative regulations such as the regulations of the Radiation Protection Ordinance which show scientific substance, guidelines issued by the Ministers, as well as codes for practice set up by various technical bodies and standardization associations, all of which are designed to compensate for this loop hole in the legislation. This study goes to examine to what extent administration and jurisdiction may take into account such codes of practice for the concretization of the legal requirements, and whether they are even binding on those executing the law. Only the respective regulations of the Radiation Protection Ordinance have a binding effect. All other guidelines and codes of practice are not legally binding per se, nor are they capable of being legally permitted by being referred to in terms of legal norms or by the self-commitment of those executing the law. Any attempt of using them, as the basis of a prime facie evidence or as an anticipating expertise, at least evidentarily for the concretization will have to fail owing to their evaluating character and to the fact that they may interfere in sociological conflict. An exception may be a case where a clear distinction can be made as to what extent the contents of such codes of practice is related to scientific and technological findings or to decisions based on evaluations. In such a case, a prima facil evicdence for the conformity of the regulation in question with the state-of-the-art in science and technology may be considered, which would easy the concretization of Art. 7 II Section 3 of the Atomic Law. (orig./HSCH) [de

  6. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

    I shall first introduce the idea of reasoning, and of defeasible reasoning in particular. I shall then argue that cognitive agents need to engage in defeasible reasoning for coping with a complex and changing environment. Consequently, defeasibility is needed in practical reasoning, and in particular in legal reasoning

  7. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

    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

  8. MAKING LEGAL SENSE OF HUMAN RIGHTS: Introduction

    African Journals Online (AJOL)

    eliasn

    and Legal Studies of the Ethiopian Civil Service College (ECSC) and the Law Faculty ..... 1789--which propagated the principles of liberte, egalite, and fraternite— ..... Ethiopians to take a financial, power/mandate, and time audit of the ..... Judicial application gives an assurance that in cases of violations, there is a possible ...

  9. Do ethics committees need a legal framework?

    Science.gov (United States)

    Byk, Christian

    2007-01-01

    The question "do ethics committees need a legal framework" may then raise fundamental discussion in the case of developing countries: will an ethical framework bring them a better capacity to assume their task? And what should this task be if we consider the particularities of clinical research conducted in developing countries?

  10. The Reliability and Legality of Online Education

    Science.gov (United States)

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

    2016-01-01

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

  11. [Acute scrotal pain in childhood: legal pitfalls].

    Science.gov (United States)

    Bader, Pia; Hugemann, Christoph; Frohneberg, Detlef

    2017-12-01

    Acute scrotal pain in childhood is an emergency.Sudden scrotal pain may be caused by a variety of diseases. Therefore, it is important to carefully consider the specific medical history and possible differential diagnoses in each case for fast and decisive action (e. g. in case of testicular torsion). As minors lack the capacity for consent, it is absolutely necessary to obtain consent from their legal guardian. However, obtaining consent in the available time frame can cause organisational challenges in an acute emergency, which may lead to situations in the daily routine where a therapeutic decision needs to be taken (including surgery) without legal security based on consent by the guardian. In some cases, the child's consent also needs to be taken into account, depending on its age and development.For the physician and surgeon in charge, the legal evaluation of the case at hand and therewith the obtainment of legal security are of great significance. © Georg Thieme Verlag KG Stuttgart · New York.

  12. 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

    Directory of Open Access Journals (Sweden)

    Héctor Barreiro Ramos

    2006-06-01

    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

  13. Ethical issues in medico-legal exposures

    International Nuclear Information System (INIS)

    O'Reilly, G.; Malone, J. F.

    2008-01-01

    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)

  14. The application of civil commitment law and practices to a case of delusional disorder: a cross-national comparison of legal approaches in the United States and the United Kingdom.

    Science.gov (United States)

    Fennell, Philip; Goldstein, Robert Lloyd

    2006-01-01

    Legal approaches to civil commitment in the United States and the United Kingdom are compared. A concise overview of the historical evolution of civil commitment in both countries precedes a discussion of the present scheme of commitment standards in each system. These current standards in U.S. and U.K. jurisdictions are then applied to a hypothetical case of delusional disorder. A discussion of the constructive use of civil commitment in patients with delusional disorder who may be dangerous focuses on its value as a preventive measure against potential harm to self or others, as well as the pros and cons of coercive assessment and treatment. Despite the many differences in approach to commitment, the authors concur that in both countries the patient with delusional disorder was committable before the commission of a serious criminal offense.

  15. Affirmative Action in Medical Education: A Legal Perspective.

    Science.gov (United States)

    Helms, Lelia B.; Helms, Charles M.

    1998-01-01

    Describes history of legal theory behind affirmative action, with examples from case law and Department of Education regulations, identifying legal pitfalls in admissions and financial aid, including categorization of students by race, racially disproportionate financial aid awards after accounting for need, racially disproportionate scholarship…

  16. Using Scaffolding to Improve Student Learning in Legal Environment Courses

    Science.gov (United States)

    May, Diane

    2014-01-01

    Students taking the initial legal environment course in a business school generally have little background in the law. Most of these students are learning new terms and are exposed to the workings of the legal system and statutes and cases for the first time. Some students have characterized learning the law as like "learning a new…

  17. LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research

    Directory of Open Access Journals (Sweden)

    Muhammad Helmy Hakim

    2016-05-01

    Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

  18. Stroke-related Wernicke's Aphasia Mistaken for Psychosis: A Case ...

    African Journals Online (AJOL)

    Patients with isolated Wernicke' aphasia present a variety of challenges to healthcare providers, The presentation of speech and language problems, especially with the features seen in Wernicke's aphasia, can be misinterpreted as psychiatric disorders. The authors present the case of a man who sustained a right-sided ...

  19. Controlling the Didactic Relation: A Case in Process Engineering Education

    Science.gov (United States)

    Jaako, Juha

    2014-01-01

    A case study was conducted during 1994-2013 on several groups of process engineering students to see what was needed to transform a single course from a teacher-centred to a student-centred learning environment (SCLE). Development work was done incrementally, using Herbart's didactic triangle as a theoretical framework. The effects of the…

  20. Novice Teachers' Case Dilemmas: Surprising Perspectives Related to Diversity.

    Science.gov (United States)

    Mastrilli, Thomas; Sardo-Brown, Deborah; Hinson, Stephanie

    This study described novice teachers' case dilemmas, analyzing them for assumptions made by teachers about teaching and learning as well as for solutions to the dilemmas. Twenty-one of the thirty-six dilemmas emphasized either minority students, students of low socioeconomic status, or students from single-parent households. Among the issues…

  1. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

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

  2. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    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

  3. Effects of abortion legalization in Nepal, 2001-2010.

    Directory of Open Access Journals (Sweden)

    Jillian T Henderson

    Full Text Available Abortion was legalized in Nepal in 2002, following advocacy efforts highlighting high maternal mortality from unsafe abortion. We sought to assess whether legalization led to reductions in the most serious maternal health consequences of unsafe abortion.We conducted retrospective medical chart review of all gynecological cases presenting at four large public referral hospitals in Nepal. For the years 2001-2010, all cases of spontaneous and induced abortion complications were identified, abstracted, and coded to classify cases of serious infection, injury, and systemic complications. We used segmented Poisson and ordinary logistic regression to test for trend and risks of serious complications for three time periods: before implementation (2001-2003, early implementation (2004-2006, and later implementation (2007-2010.23,493 cases of abortion complications were identified. A significant downward trend in the proportion of serious infection, injury, and systemic complications was observed for the later implementation period, along with a decline in the risk of serious complications (OR 0.7, 95% CI 0.64, 0.85. Reductions in sepsis occurred sooner, during early implementation (OR 0.6, 95% CI 0.47, 0.75.Over the study period, health care use and the population of reproductive aged women increased. Total fertility also declined by nearly half, despite relatively low contraceptive prevalence. Greater numbers of women likely obtained abortions and sought hospital care for complications following legalization, yet we observed a significant decline in the rate of serious abortion morbidity. The liberalization of abortion policy in Nepal has benefited women's health, and likely contributes to falling maternal mortality in the country. The steepest decline was observed after expansion of the safe abortion program to include midlevel providers, second trimester training, and medication abortion, highlighting the importance of concerted efforts to improve

  4. Effects of abortion legalization in Nepal, 2001-2010.

    Science.gov (United States)

    Henderson, Jillian T; Puri, Mahesh; Blum, Maya; Harper, Cynthia C; Rana, Ashma; Gurung, Geeta; Pradhan, Neelam; Regmi, Kiran; Malla, Kasturi; Sharma, Sudha; Grossman, Daniel; Bajracharya, Lata; Satyal, Indira; Acharya, Shridhar; Lamichhane, Prabhat; Darney, Philip D

    2013-01-01

    Abortion was legalized in Nepal in 2002, following advocacy efforts highlighting high maternal mortality from unsafe abortion. We sought to assess whether legalization led to reductions in the most serious maternal health consequences of unsafe abortion. We conducted retrospective medical chart review of all gynecological cases presenting at four large public referral hospitals in Nepal. For the years 2001-2010, all cases of spontaneous and induced abortion complications were identified, abstracted, and coded to classify cases of serious infection, injury, and systemic complications. We used segmented Poisson and ordinary logistic regression to test for trend and risks of serious complications for three time periods: before implementation (2001-2003), early implementation (2004-2006), and later implementation (2007-2010). 23,493 cases of abortion complications were identified. A significant downward trend in the proportion of serious infection, injury, and systemic complications was observed for the later implementation period, along with a decline in the risk of serious complications (OR 0.7, 95% CI 0.64, 0.85). Reductions in sepsis occurred sooner, during early implementation (OR 0.6, 95% CI 0.47, 0.75). Over the study period, health care use and the population of reproductive aged women increased. Total fertility also declined by nearly half, despite relatively low contraceptive prevalence. Greater numbers of women likely obtained abortions and sought hospital care for complications following legalization, yet we observed a significant decline in the rate of serious abortion morbidity. The liberalization of abortion policy in Nepal has benefited women's health, and likely contributes to falling maternal mortality in the country. The steepest decline was observed after expansion of the safe abortion program to include midlevel providers, second trimester training, and medication abortion, highlighting the importance of concerted efforts to improve access. Other

  5. Effects of Abortion Legalization in Nepal, 2001–2010

    Science.gov (United States)

    Henderson, Jillian T.; Puri, Mahesh; Blum, Maya; Harper, Cynthia C.; Rana, Ashma; Gurung, Geeta; Pradhan, Neelam; Regmi, Kiran; Malla, Kasturi; Sharma, Sudha; Grossman, Daniel; Bajracharya, Lata; Satyal, Indira; Acharya, Shridhar; Lamichhane, Prabhat; Darney, Philip D.

    2013-01-01

    Background Abortion was legalized in Nepal in 2002, following advocacy efforts highlighting high maternal mortality from unsafe abortion. We sought to assess whether legalization led to reductions in the most serious maternal health consequences of unsafe abortion. Methods We conducted retrospective medical chart review of all gynecological cases presenting at four large public referral hospitals in Nepal. For the years 2001–2010, all cases of spontaneous and induced abortion complications were identified, abstracted, and coded to classify cases of serious infection, injury, and systemic complications. We used segmented Poisson and ordinary logistic regression to test for trend and risks of serious complications for three time periods: before implementation (2001–2003), early implementation (2004–2006), and later implementation (2007–2010). Results 23,493 cases of abortion complications were identified. A significant downward trend in the proportion of serious infection, injury, and systemic complications was observed for the later implementation period, along with a decline in the risk of serious complications (OR 0.7, 95% CI 0.64, 0.85). Reductions in sepsis occurred sooner, during early implementation (OR 0.6, 95% CI 0.47, 0.75). Conclusion Over the study period, health care use and the population of reproductive aged women increased. Total fertility also declined by nearly half, despite relatively low contraceptive prevalence. Greater numbers of women likely obtained abortions and sought hospital care for complications following legalization, yet we observed a significant decline in the rate of serious abortion morbidity. The liberalization of abortion policy in Nepal has benefited women’s health, and likely contributes to falling maternal mortality in the country. The steepest decline was observed after expansion of the safe abortion program to include midlevel providers, second trimester training, and medication abortion, highlighting the importance

  6. The role of law as an instrument of communication within legal positivism

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

    This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a ...

  7. Latest legal and social developments in the euthanasia debate: bad moral consciences and political unrest.

    Science.gov (United States)

    Ferreira, N

    2007-06-01

    Several events that took place during recent years, such as the French Act on the rights of patients and the end of life, the Terri Schiavo case and Lord Joffe's proposal for an Assisted Dying Bill in the United Kingdom, have triggered the debate on euthanasia more than ever. It is therefore opportune to revisit basic notions related thereto and to make a comparative analysis of the legal regime of euthanasia in several countries in Europe and elsewhere, as well as to try to see how the public awareness of the problem has of late developed. There seems to be a clear trend in many legal systems towards an increasing respect for the patient's right to self-determination. However, we are still looking at a complex social game, where legal and medical terminology are manipulated and euphemisms are invented in order to accommodate bad moral consciences and avoid political unrest.

  8. Minors and Sexting: Legal Implications.

    Science.gov (United States)

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

    2016-03-01

    Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone. It has become common practice among young people, as cell phones are being given to adolescents at ever younger ages. Youths often send messages without giving appropriate thought to the content of the images. In studies on the subject, rates of minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. There is no clear national consensus on how sexting by minors is adjudicated, and therefore we compared several statutes. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. Two sexting episodes that were followed by suicide are described. We also address the role of the forensic mental health professional. © 2016 American Academy of Psychiatry and the Law.

  9. Caseload management, work-related stress and case manager self-efficacy among Victorian mental health case managers.

    Science.gov (United States)

    King, Robert

    2009-05-01

    In Australia and comparable countries, case management has become the dominant process by which public mental health services provide outpatient clinical services to people with severe mental illness. There is recognition that caseload size impacts on service provision and that management of caseloads is an important dimension of overall service management. There has been little empirical investigation, however, of caseload and its management. The present study was undertaken in the context of an industrial agreement in Victoria, Australia that required services to introduce standardized approaches to caseload management. The aims of the present study were therefore to (i) investigate caseload size and approaches to caseload management in Victoria's mental health services; and (ii) determine whether caseload size and/or approach to caseload management is associated with work-related stress or case manager self-efficacy among community mental health professionals employed in Victoria's mental health services. A total of 188 case managers responded to an online cross-sectional survey with both purpose-developed items investigating methods of case allocation and caseload monitoring, and standard measures of work-related stress and case manager personal efficacy. The mean caseload size was 20 per full-time case manager. Both work-related stress scores and case manager personal efficacy scores were broadly comparable with those reported in previous studies. Higher caseloads were associated with higher levels of work-related stress and lower levels of case manager personal efficacy. Active monitoring of caseload was associated with lower scores for work-related stress and higher scores for case manager personal efficacy, regardless of size of caseload. Although caseloads were most frequently monitored by the case manager, there was evidence that monitoring by a supervisor was more beneficial than self-monitoring. Routine monitoring of caseload, especially by a workplace

  10. Legal positions of the Constitutional Court of Ukraine: main signs and definition

    Directory of Open Access Journals (Sweden)

    Romana Reva

    2016-04-01

    Full Text Available The practice of a single body of constitutional jurisdiction indicates on the necessity of a certain number of amendments to the current Law of Ukraine “On the Constitutional Court of Ukraine”. It is impossible to achieve the quality regulation of these issues without a thorough scientific analysis of basic features of the legal positions of the Constitutional Court of Ukraine. The purpose of the article is to analyze the legal positions of the Constitutional Court of Ukraine and scientific views on their signs, to identify and describe the main features of the legal positions of the Constitutional Court of Ukraine. There are the conclusions made that an important step in any legal position research is the establishment of the legal nature. The article discusses different scientific views on the basic features of the legal positions of the Constitutional Court of Ukraine. On the basis of the analysis of acts of the Constitutional Court of Ukraine and scientific works, there are defined, in particular, the following main features of the legal positions of the Constitutional Court of Ukraine: they are the result of interpretation and represent the most generalized, concentrated expression of the Constitutional Court of Ukraine understanding of the provisions of the Constitution of Ukraine, laws and/ or other regulations, which are carried out within the jurisdiction of the Constitutional Court of Ukraine; they are the basis for the final decision, which is set in the act of the Constitutional Court of Ukraine; they appear in the reasoning and/ or the operative parts of the decisions and conclusions and some rulings; they have a special legal force; they are obligatory, that are binding throughout the territory of Ukraine for all public authorities, local governments, enterprises, institutions and organizations, officials, citizens and their associations; suitable for further repeated use in solving similar cases; as opposed to the decisions of

  11. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

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

  12. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

    Legal institutions are critical for the development of market-based economies. This paper defines legal institutions and discusses different indicators to measure their quality and efficiency. It surveys a large historical and empirical literature showing the importance of legal institutions in

  13. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

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

  14. Towards More Synergy in the Interpretation of the Prohibition of Sex Discrimination in European Law?
    A Comparison of Legal Contexts and some Case Law of the EU and the ECHR

    Directory of Open Access Journals (Sweden)

    Susanne D. Burri

    2013-01-01

    Full Text Available The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now covers more discrimination grounds, the scope of both EU law and the ECHR non-discrimination provisions has expanded and, in particular in the field of gender equality, there is an impressive body of - in particular EU - case law. National courts are confronted with issues that fall either under the ECHR or the EU provisions or both. Sometimes similar questions are interpreted by both European courts, for example in case of overlapping subject-matters, such as sex discrimination in the field of pensions, social security benefits or parental leave. The paper offers an analysis of the legal contexts and case law of both European systems in some areas that overlap and the main similarities and differences in approaches to sex equality in both systems. The comparison shows that while the ECtHR sometimes allows a gradual abolition of forms of direct sex discrimination, the approach of the Court of Justice is much stricter.

  15. Differences in harm from legal BZP/TFMPP party pills between North Island and South Island users in New Zealand: a case of effective industry self-regulation?

    Science.gov (United States)

    Wilkins, Chris; Sweetsur, Paul

    2010-01-01

    'Party' pills containing benzylpiperazine (BZP) and trifluoromethylphenylpiperazine (TFMPP) were sold legally in New Zealand until early 2008. Prospective studies of hospital emergency department admissions appeared to suggest that the harm from party pills was greater among South Island than North Island users. The party pill industry association (the Social Tonics Association of New Zealand or STANZ) claimed these differences were due to the voluntary code of practice adopted by their members in the North Island. The aims of this study were to examine differences in harm from party pills between North and South Island users in New Zealand, and to investigate possible reasons for any differences in harm, including the impact of industry self-regulation. A national household survey of BZP/TFMPP party pill use was conducted in New Zealand. Information on the ingredients of party pills was provided by the National Poisons Centre. In a number of instances last year users of party pills from the South Island were more likely than last year users from the North Island to report harm from party pills. There were no differences between the North and South Island users with regard to the mean number of BZP/TFMPP party pills taken, mean total milligrams of BZP/TFMPP ingested or prevalence of use of other drug types in combination with party pills. A minority of users in the South Island reported using extremely high numbers of BZP/TFMPP party pills in a single session and using extremely high potency brands of party pills. Last year party pill users from the South Island were more likely than those from the North Island to be students. A number of factors may have contributed to the greater harm from BZP/TFMPP party pills among South Island users including a higher proportion of student users with higher consumption of alcohol and other drugs. Users from both Islands commonly exceeded the dosage of BZP/TFMPP recommended by STANZ suggesting the STANZ code of conduct was

  16. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

    Important debates about the photovoltaic industry took place in 2009 and 2010 which have led to some evolutions of the French law having an economical impact on the arrangement of photovoltaic projects. The aim of this supplement to 'Droit de l'Environnement' journal is to answer some important questions at a time when the electricity market is not fully structured: the setting up of solar cell panels, town planing and property constraints; connection to the grid; project financing: power generation tariffs, partnership contract; the new legal framework set up in 2011: moratorium and new legal scheme; is 'green fiscality' still green and attractive? Settlement of disputes with the French government; actors reactions: authorities and professionals, opinion of an expert. (J.S.)

  17. Anaphylaxis related to avocado ingestion: a case and review

    OpenAIRE

    Abrams Elissa M; Becker Allan B; Gerstner Thomas V

    2011-01-01

    Abstract Anaphylaxis to avocado, independent of latex sensitization, has been rarely reported in the literature. This case report describes a 15 year old male who experienced anaphylaxis within half an hour after eating avocado-containing food. Avocado consumption is common in both North America and South America. It is important to consider avocado as a cause of anaphylaxis, even in patients not sensitized to latex.

  18. Care in Family Relations : The Case of Surrogacy Leave

    OpenAIRE

    Burri, Susanne

    2015-01-01

    The advance of reproductive technologies, like surrogacy arrangements, confronts courts with new demands and dilemmas. This contribution analyses the potential of EU law towards a better and more balanced reconciliation of work, private and family life when no national law applies. In two recent cases of the Court of Justice of the EU on leave for surrogacy mothers, the Advocates General Kokott and Wahl published diverging opinions on similar prejudicial questions of national courts. These op...

  19. Pathomorphological characteristics of 102 cases of Thorotrast-related hepatocellular carcinoma, cholangiocarcinoma, and hepatic angiosarcoma

    International Nuclear Information System (INIS)

    Nakashima, T.; Kojiro, M.; Ito, Y.; Mori, T.; Kido, C.

    1987-01-01

    We described the pathomorphological characteristics of 102 autopsy cases of Thorotrast (Th) related hepatic malignancies, and compared these to the features of non-Th-related cases. Among the 102 Th-related hepatic malignancies, 44 (43.1%) were cholangiocarcinoma (CHC), 39 (38.3%) were angiosarcoma (AGS), 16 (15.7%) were hepatocellular carcinoma (HCC), and 3 (2.9%) were double cancer. Grossly, the majority (91.7%) of Th-related CHC was located in the middle-peripheral portion of the liver. Th-related AGS was classified into four types: diffuse micronodular, multinodular, massive and mixed multinodular, and massive. Histologically, in CHC and HCC cases, there were no significant differences between Th-related and non-Th-related cases. AGS was characterized by two cell types (spindle-shaped cells and polyhedral cells) and three growth patterns (sinusoidal, carvernous, and solid). In non-cancerous areas, foci of varying degrees of sinusoidal dilatation with hyperplastic changes of sinusoidal lining cells were observed in all AGS cases and in some of the cases of Th-related CHC and HCC cases. In Th-related CHC cases, papillary proliferation of the epithelium of relatively large bile ducts was seen in 11 (29.7%) of the 37 cases, and proliferation of small bile ducts and/or bile ductules was seen in 9 (24.3%) of the 37 cases. However, similar histologic changes were also observed in the non-Th- related CHC cases. In Th-related HCC cases, mixed macro- and micronodular cirrhosis was superimposed on varying degrees of hepatic fibrosis related to Th deposition in 4 cases. (21.1%). (author)

  20. Legal consequences of kleptomania.

    Science.gov (United States)

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

    2009-12-01

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

  1. Location of gliomas in relation to mobile telephone use: a case-case and case-specular analysis

    DEFF Research Database (Denmark)

    Larjavaara, Suvi; Schüz, Joachim; Swerdlow, Anthony

    2011-01-01

    approaches: In a case-case analysis, tumor locations were compared with varying exposure levels; in a case-specular analysis, a hypothetical reference location was assigned for each glioma, and the distances from the actual and specular locations to the handset were compared. The study included 888 gliomas......The energy absorbed from the radio-frequency fields of mobile telephones depends strongly on distance from the source. The authors' objective in this study was to evaluate whether gliomas occur preferentially in the areas of the brain having the highest radio-frequency exposure. The authors used 2...... from 7 European countries (2000-2004), with tumor midpoints defined on a 3-dimensional grid based on radiologic images. The case-case analyses were carried out using unconditional logistic regression, whereas in the case-specular analysis, conditional logistic regression was used. In the case-case...

  2. Use cases and related business models for smart cities infrastructures

    CSIR Research Space (South Africa)

    Dlodlo, N

    2013-11-01

    Full Text Available related business model is described. A business model describes the value proposition, market segment, and cost structure, position in the network of competitors, the competitive advantage and the infrastructure of a business entity. This research started...

  3. The Legal Effect of Best-Interests-of-the-Child Reports in Judicial Migration Proceedings : A Qualitative Analysis of Five Cases

    NARCIS (Netherlands)

    Beltman, Daan; Kalverboer, Margrite; Zijlstra, Elianne; van Os, Carla; Zevulun, Daniëlle; Liefaard, Ton; Sloth-Nielsen, Julia

    2016-01-01

    In 2006 the Study Centre for Children, Migration and Law began research on a method for diagnostic assessments of, and reporting on, the best interests of the child in migration law cases. The reports, which are based on the Best Interests of the Child Model of Kalverboer and Zijlstra (2006) and

  4. Asperger syndrome related suicidal behavior: two case studies

    Directory of Open Access Journals (Sweden)

    Kocourkova J

    2013-11-01

    Full Text Available Jana Kocourkova, Iva Dudova, Jiri Koutek Department of Child Psychiatry, Charles University Second Faculty of Medicine, University Hospital Motol, Prague, Czech Republic Abstract: Asperger syndrome hinders adaptation to developmental challenges during childhood and adolescence, particularly with regard to interpersonal relationships. Individuals with Asperger syndrome display lack of empathy and limited ability to understand social and emotional exchanges with other people. Individuals with Asperger syndrome are significantly exposed to the risk of suicidal behavior, especially during adolescence. The authors describe cases of suicidal behavior in two adolescent boys with Asperger syndrome. Keywords: Asperger syndrome, suicidal behavior, adolescence

  5. Osteonecrosis related to intraosseous anesthesia: report of a case.

    Science.gov (United States)

    Woodmansey, Karl F; White, Robert K; He, Jianing

    2009-02-01

    Intraosseous anesthesia is an effective and increasingly used technique with few reported complications. The technique uses a specialized drill to perforate the osseous cortex where local anesthetic can then be deposited to anesthetize teeth. It has been reported that separation of the perforation drills from their plastic bases can occur because of the friction generated during osseous perforation. Prolonged rotation of the perforator drills in the bone can also cause excessive heat, which can lead to bone necrosis. This report describes a case of focal osteonecrosis subsequent to intraosseous anesthesia and discusses possible etiologies of this sequela.

  6. A Case of Hepatotoxicity Related to Kombucha Tea Consumption.

    Science.gov (United States)

    Gedela, Maheedhar; Potu, Kalyan Chakravarthy; Gali, Vasantha L; Alyamany, Kimberlee; Jha, Lokesh K

    2016-01-01

    The use of herbal and dietary supplements (HDSs) is widespread and growing due to the popular notion that these products are of natural origins and safe. Kombucha (or "mushroom") tea is one HDS that is consumed by people for various perceived health benefits. Kombucha tea is a well-known health beverage made by fermenting sweet black tea with a round, flat, gray fungus for a week or longer. There is concern, however, from the evidence of a few case reports currently available, that it may pose life-threatening and/or adverse effects for users.

  7. Clinical analysis of 503 cases of hyperthyroidism related hepatic damage

    International Nuclear Information System (INIS)

    Zhang Xiaoxia

    2004-01-01

    The clinical characteristics and the therapeutic method of 503 hyperthyroidism related hepatic damage in the paper was discussed. The incidence of the disease of hyperthyroidism related hepatic damage was 39.7%, the rate increases with the increase in age of the patients and the increase of the course of hyperthy-roidism (P 3 and FT 4 . The state of the illness may be get better with the treatment, and ALT and AST were all resumed; The hyperthyroidism was easy to lead to hepatic damage. Treatment was given priority to controlling of hyperthyroidism and put the protection of liver to the second place: the degree of hepatic damage was closely related to age, the course of disease and the state of illness. A timely diagnoses and proper therapy may be lead to desirable result. (author)

  8. Researchers and experts faced with legal issues in radon affairs

    International Nuclear Information System (INIS)

    Massuelle, M.; Pirard, P.; Hubert, P.

    1998-01-01

    In France, radon has emerged as a public health issue mainly at the initiative of scientists. Public authorities are currently considering regulations but for a long time scientists faced the radon issue alone. As a consequence, scientists were involved and are still involved in producing knowledge, in informing about their results, in giving advice to various bodies and individuals, and in participating in the process of technical standardization. These functions are identified in the paper in order to sketch out a typology of different situations, formal and informal, in which researchers transformed into experts are called to collaborate. During their missions related to radon, experts are exposed to 'legal risks', particularly in terms of civil liability or 'professional' responsibility and even criminal responsibility. They face legal difficulties because their roles are not clearly defined. Such difficulties will be also described in this paper, because they are symptomatic of the lack of a legal framework for public scientific expertise. Indeed, there is a growing need to involve scientific experts in decision-making in the field of public health. At the same time, however, there is increased protest against the technocratic nature of public decision-making. We observe an increase in the attribution of blame and penal responsibility in French society, as shown in the 'contaminated blood' case in which not only blood suppliers but also public officials and now politicians have been or are being prosecuted. Radon, which is a domestic risk whose reduction relies entirely on homeowners, is sui generis in many ways. Nevertheless, in an analysis of scientists' roles/actions and of the legal difficulties they meet, radon can be used to illustrate the problems that arise as expertise is developed about new risks. (authors)

  9. [The case of the 'lowlife': perceptions of danger and the prevention of disreputable behaviors in theRevista de Criminología, Psiquiatría, Medicina Legal y Ciencias Afinesin Buenos Aires, 1914-1923].

    Science.gov (United States)

    Dovio, Mariana

    2013-11-30

    We analyze the construction of the notion of the 'lowlife' in the city of Buenos Aires in the Revista de Criminología, Psiquiatría y Medicina Legal, from 1914-1923. We shall analyze the notion of 'lowlife', meaning behaviors situated in a border zone between crime and madness, from the point of view of prevention and perception of danger. The first way of analyzing the 'lowlife' examines institutional projects that were related to eugenics and that advocated preventive detention of dangerous people, 'alcoholists' and vagrants. The second involves identifying in moral and physical terms the kind of people who were targeted in the creation of intervention projects for those considered to be 'lowlifes', who could potentially damage the fabric of society in some way.

  10. SCALE--A Conceptual and Transactional Method of Legal Study.

    Science.gov (United States)

    Johnson, Darrell B.

    1985-01-01

    Southwestern University School of Law's two-year, intensive, year-round program, the Southwestern Conceptual Approach to Legal Education, which emphasizes hypothetical problems as teaching tools rather than the case-book method, is described. (MSE)

  11. Weighing the legal basis for housing rights in Zimbabwe | IDRC ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    2016-12-13

    Dec 13, 2016 ... Weighing the legal basis for housing rights in Zimbabwe ... through the Safe and Inclusive Cities partnership with the UK's Department for International Development. ... Transforming the slum: The case of Mumbai's M-Ward.

  12. [Application of hair analysis of selected psychoactive substances for medico-legal purposes. Part II. Cases of complex fatal poisonings: interactions of heroine - cocaine - amphetamines].

    Science.gov (United States)

    Rojek, Sebastian; Kłys, Małgorzata; Rzepecka-Woźniak, Ewa; Konopka, Tomasz

    2010-01-01

    The study represents an attempt at employing segmental hair analysis in complex poisonings with xenobiotic mixtures of heroine - cocaine - amphetamines in the context of the cause of death as a consequence of complex interaction mechanisms which occurred prior to death. Two cases of complex poisonings: heroine - cocaine and heroine - cocaine - amphetamines were analyzed and documented with macro- and microscopic examinations and complex toxicological examinations, including the analysis of classic biological material, i.e. samples of selective blood, and alternative material, i.e. hair samples. Determinations of opioids, cocaine and its metabolite and amphetamines in the hair biological matrix were performed using high performance liquid chromatography--atmospheric pressure chemical ionization--tandem mass spectrometry (HPLC-APCI-MS-MS). Segmental hair analysis of the investigated cases indicated a prolonged intake of similar psychoactive substances and a developed adaptation of the addicted to interaction mechanisms, which, however, led gradually to multiorgan anatomopathological changes, and in consequence to death.

  13. Legal mentality: the interpretation of the scientific discourse

    Directory of Open Access Journals (Sweden)

    Ігор Олексійович Поліщук

    2016-06-01

    Full Text Available The article deals with the specifics of the interpretation of «legal mentality ‘category in different scientific concepts. The most authoritative study of the mentality directions: social psychology, which is based on the sociological theory of E. Durkheim; general psychology, theory of archetypes as the basis of the «collective unconscious,» K. Jung, the concept of «social character», V. Rayh. Legal mentality – a deep, well-established system of views and opinions of a particular social group, class, stratum, people, nation or community to another institute of law, peculiarities of its application and role in society. The specifics of the legal mentality lies in its visual Depending on historical traditions and culture of a particular nation. This necessitates mandatory accounting features of the legal mentality of the people in the legislative process. Formation of legal culture of the people is impossible without its primer on its historical traditions, culture and language. Revival Ukrainian legal culture consistent with modern legal policy polyarchy. Despite the trend of integration of their own political, economic and legal systems in the European community of the European Union member states to carefully refer to the national legal traditions. National mentality and its features are reflected in the legal submissions which are contained in proverbs, sayings, myths, thoughts, tales, is the oral form of manifestation of the people's legal culture, as well as reflected in the customs, traditions, ways of working, which were made in the legal daily on throughout the history of the people. In addition, the features appear in the national legal notions and reactions in relation to such objects of political and legal reality as a state, local government, law, crime, punishment, the court, the trial, the political leaders, customs reform, civil servants, family, inheritance, labor, property, and so on. It is noted that in legal science

  14. Review: the legal duty of care for nurses and other health professionals.

    Science.gov (United States)

    Young, Andy

    2009-11-01

    To explore the nature and extent of the legal duty of care in relation to contemporary healthcare practice. The paper seeks to re-frame and update the legal duty of care for clinical nursing practice in the 21st century, taking into account collaborative and partnership working in healthcare practice. Doctrinal legal 'approach'. 'Black letter' legal research methodology used for data collection and analysis. Literature search using Westlaw and LexisNexis database(s) to identify recent common law decisions. There has been a perceptible doctrinal shift away from paternalism and toward patient empowerment and autonomy in the last decade. This has implications for nurses and other healthcare professionals in terms of consenting patients and acting reasonably to ensure quality patient care. A number of experienced nurses are currently assuming extended roles and some are completing medical tasks, traditionally allocated to doctors. These specialist practitioners must remember that additional responsibility invariably means increased professional risk and accountability. Therefore, it is essential that those engaging in advanced nursing practice, fully understand the nature and reach of their professional duty of care and the significance of statutory and common law developments. Nurses and other healthcare professionals must update their clinical skills and practice within a legal framework and to certain standards. The cases cited and discussed are relevant to all branches of nursing and indeed to all health professions.

  15. Opinions of legal professionals: Comparing child and adult witnesses' memory report capabilities

    Directory of Open Access Journals (Sweden)

    Jens Knutsson

    2014-07-01

    Full Text Available The opinions of legal professionals about child and adult witnesses might influence the likelihood that a case is allowed to proceed through the different stages of the legal process. With the aim of knowing the opinions of legal practitioners about child and adult witnesses, 84 legal professionals (Swedish police, prosecutors, and attorneys were surveyed about their beliefs about child and adult eyewitness memory (and metamemory abilities. The respondents answered 27 questions relating to nine forensically relevant belief areas in which they compared the memory ability of children (ages 7 to 11 years and adults. The results showed no differences in assessment among members of different professions and a general trend suggesting that, across the professions, children were believed to be poorer witnesses than adults regarding their memory abilities. Moreover, the professionals' within-group consensus was very low. These results are discussed in the context of eyewitness research findings and with respect to the implications for both legal and research practice.

  16. International and European legal aspects on underground geological storage of CO2

    International Nuclear Information System (INIS)

    Wall, C.; Olvstam, M.-L.; Bernstone, C.

    2005-01-01

    The often disconnected international and European legal rules regarding carbon dioxide (CO 2 ) storage in geological formations create legal uncertainty and a slow down in investments. Existing rules for waste dumping, such as the OSPAR and London Conventions implies that CO 2 storage in sub seabed geological formations is not permitted for climate change mitigating purposes. This paper emphasized that even in cases when complete certainty about the exact application of a legal rule is not possible, it is necessary to know if an activity is lawful. It also emphasized that CO 2 storage should be a priority in the international agenda. The current gaps in knowledge concerning the relevant international and European legislation directly related to CO 2 storage were identified in this paper, including long-term liability for risk of damages caused during the injection phase of the well. The current relevant legislation that is not directly concerned with CO 2 storage but which might have an impact on future legislation was also discussed along with relevant legal principles that might influence future legislation. Some of the many ongoing projects concerning CO 2 storage were reviewed along with papers and reports on regulating CO 2 storage. It was concluded that if CO 2 capture and storage is going to be a large-scale concept for mitigating climate change, the legal issues and requirements need to be an area of priority. 16 refs

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

    Science.gov (United States)

    Fisher, David

    2010-01-01

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

  18. The Relative Age Effect in Elite Sport: The French Case

    Science.gov (United States)

    Delorme, Nicolas; Boiche, Julie; Raspaud, Michel

    2009-01-01

    The relative age effect (RAE) is considered a common phenomenon in elite sport. However, it has not been examined systematically in previous research, and the mechanisms likely to generate or to limit such an effect are little understood. This paper investigates the prevalence of the RAE in French professional championship-level players, taking…

  19. Two Related Occupational Cases of Legionella longbeachae Infection, Quebec, Canada

    Science.gov (United States)

    Lajoie, Élisabeth; Lord, Judith; Lalancette, Cindy; Marchand, Geneviève; Levac, Éric; Lemieux, Marc-André; Hudson, Patricia; Lajoie, Louise

    2016-01-01

    Two patients with no exposure to gardening compost had related Legionella longbeachae infections in Quebec, Canada. Epidemiologic investigation and laboratory results from patient and soil samples identified the patients’ workplace, a metal recycling plant, as the likely source of infection, indicating a need to suspect occupational exposure for L. longbeachae infections. PMID:27314946

  20. Constitutional and legal protection for life support limitation in India

    Directory of Open Access Journals (Sweden)

    R K Mani

    2015-01-01

    Full Text Available Appropriate treatment limitations towards the end of life to reduce unwanted burdens require ethical clarity that is supported by appropriate legislation. The lack of knowledge of enabling legal provisions, physicians feel vulnerable to legal misinterpretation of treatment limiting decisions. In India the lack of societal awareness, inadequate exploration of the gray areas of bio-ethics and unambiguous legal position relating to terminal illness have resulted in poor quality end of life care. Much of the perceived vulnerability by the physician is attributable to insufficient knowledge and understanding of existing constitutional and legal position in India. While we await informed legal and legislative opinion, this paper highlights possible legal liabilities arising from treatment limitation decisions with available defense. It is hoped that such clarity would lead to more confident ethical decisions and improved end of life care for patients.