WorldWideScience

Sample records for legal issues involved

  1. 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.

  2. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    Leaving aside the natural desire to avoid the difficulties imposed by the enormously complex siting and certification process, a utility might decide to forego adding new capacity because of a variety of legal and institutional disincentives. Some of these are discussed in this chapter. The addition of new lines to support a competitive generating market also raises unique institutional issues. Perhaps the most important of these is the question of who should pay for the necessary capital expenditures. This issue also is discussed in this section

  3. 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

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

    Directory of Open Access Journals (Sweden)

    LeGrandeur Jane

    2010-03-01

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

  5. Assisted reproduction involving gestational surrogacy: an analysis of the medical, psychosocial and legal issues: experience from a large surrogacy program.

    Science.gov (United States)

    Dar, Shir; Lazer, Tal; Swanson, Sonja; Silverman, Jan; Wasser, Cindy; Moskovtsev, Sergey I; Sojecki, Agata; Librach, Clifford L

    2015-02-01

    What are the medical, psychosocial and legal aspects of gestational surrogacy (GS), including pregnancy outcomes and complications, in a large series? Meticulous multidisciplinary teamwork, involving medical, legal and psychosocial input for both the intended parent(s) (IP) and the gestational carrier (GC), is critical to achieve a successful GS program. Small case series have described pregnancy rates of 17-50% for GS. There are no large case series and the medical, legal and psychological aspects of GS have not been addressed in most of these studies. To our knowledge, this is the largest reported GS case series. A retrospective cohort study was performed. Data were collected from 333 consecutive GC cycles between 1998 and 2012. There were 178 pregnancies achieved out of 333 stimulation cycles, including fresh and frozen transfers. The indications for a GC were divided into two groups. Those who have 'failed to carry', included women with recurrent implantation failure (RIF), recurrent pregnancy loss (RPL) and previous poor pregnancy outcome (n = 96; 132 cycles, pregnancy rate 50.0%). The second group consisted of those who 'cannot carry' including those with severe Asherman's syndrome, uterine malformations/uterine agenesis and maternal medical diseases (n = 108, 139 cycles, pregnancy rate 54.0%). A third group, of same-sex male couples and single men, were analyzed separately (n = 52, 62 cycles, pregnancy rate 59.7%). In 49.2% of cycles, autologous oocytes were used and 50.8% of cycles involved donor oocytes. The 'failed to carry' group consisted of 96 patients who underwent 132 cycles at a mean age of 40.3 years. There were 66 pregnancies (50.0%) with 17 miscarriages (25.8%) and 46 confirmed births (34.8%). The 'cannot carry pregnancy' group consisted of 108 patients who underwent 139 cycles at a mean age of 35.9 years. There were 75 pregnancies (54.0%) with 15 miscarriages (20.0%) and 56 confirmed births (40.3%). The pregnancy, miscarriage and live birth

  6. 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

  7. 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.

  8. Surrogacy: Ethical and Legal Issues

    Directory of Open Access Journals (Sweden)

    Pikee Saxena

    2012-01-01

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

  9. Surrogacy: Ethical and Legal Issues

    Science.gov (United States)

    Saxena, Pikee; Mishra, Archana; Malik, Sonia

    2012-01-01

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

  10. Surrogacy: ethical and legal issues.

    Science.gov (United States)

    Saxena, Pikee; Mishra, Archana; Malik, Sonia

    2012-10-01

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

  11. Ethical and legal issues involved in the pro-active collection of personal information with the aim of reducing online disclosure

    CSIR Research Space (South Africa)

    Botha, J

    2016-09-01

    Full Text Available aims to highlight some of the major ethical and legal issues when pro-actively collecting personal information, through a South African case study, to assist in reducing the amounts of personal information being disclosed online....

  12. Telemedicine: licensing and other legal issues.

    Science.gov (United States)

    Siegal, Gil

    2011-12-01

    The growth of information technology and telecommunications has created promising opportunities for better, faster, more accessible, barrier-free health care; telemedicine (TM). The feasibility of many TM projects depends on resolving legal issues. Mastering technical issues or providing training remain important benchmarks for implementation of TM, but legal issues constrain progress. This article identifies the key legal issues, maps current legislation, and offers a forecast of necessary steps to expedite the dissemination of TM. Copyright © 2011 Elsevier Inc. All rights reserved.

  13. Ethical and Legal Issues in Gestational Surrogacy.

    Science.gov (United States)

    Casella, Claudia; Capasso, Emanuele; Terracciano, Lucia; Delbon, Paola; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Policino, Fabio; Niola, Massimo

    2018-01-01

    This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment. Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother). Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law. The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother).

  14. Ethical and Legal Issues in Gestational Surrogacy

    Science.gov (United States)

    Casella, Claudia; Capasso, Emanuele; Terracciano, Lucia; Delbon, Paola; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Policino, Fabio; Niola, Massimo

    2018-01-01

    Abstract This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment. Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother). Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law. The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother). PMID:29675478

  15. 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.

  16. Drug product selection: legal issues.

    Science.gov (United States)

    Christensen, T P; Kirking, D M; Ascione, F J; Welage, L S; Gaither, C A

    2001-01-01

    To review the potential legal liability of the pharmacist in the drug product selection process. Published articles identified through MEDLINE, published law reviews identified through InfoTrac, and appellate court decisions. Search terms used included pharmacist liability, drug product selection, and generic substitution. Additional articles, books, and appellate court decisions were identified from the bibliographies of retrieved articles and citations in appellate court decisions. Pharmacists engaging in drug product selection are civilly liable under three legal theories: negligence, express or implied warranties, and strict product liability. Potential criminal liability includes prosecution for insurance fraud, deceptive business practices, and violation of state drug product selection laws and regulation. Pharmacists increase their liability when engaging in drug product selection, but the increase is small. Still, the law continues to evolve as pharmacists seek expanded roles and responsibilities. When courts give closer examination to pharmacists' expanded role, it is likely that pharmacists' liability will increase.

  17. 7. Emerging Applications and Some legal Issues

    Indian Academy of Sciences (India)

    Home; Journals; Resonance – Journal of Science Education; Volume 6; Issue 8. Electronic Commerce - Emerging Applications and Some Legal Issues. V Rajaraman. Series Article Volume 6 Issue 8 August ... Author Affiliations. V Rajaraman1. IBM Professor of Information Technology JNCASR Bangalore 560 064, India.

  18. Legal issues of tax rates

    OpenAIRE

    Sadílek, Jiří

    2010-01-01

    Tax rate problems The subject of the graduation thesis is legal problems of tax rate. The aim of this thesis is description and estimation of the flat tax rate and states, where is established. First of all I define the basic kinds of tax systems - the tax system with one tax rate, the progressive tax system and the flat tax system. Further I deal with the principles and elements of the flat tax rate as interpreted by American economists Robert E. Hall and Alvin Rabushka who are generally ack...

  19. Legal Issues in Educational Technology: Implications for School Leaders.

    Science.gov (United States)

    Quinn, David M.

    2003-01-01

    Discusses several legal issues involving the use of educational technology: Freedom of speech, regulation of Internet material harmful to minors, student-developed Web pages, harassment and hostile work environment, staff and student privacy, special education, plagiarism, and copyright issues. Includes recommendations for addressing technology…

  20. 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

  1. Privacy and legal issues in cloud computing

    CERN Document Server

    Weber, Rolf H

    2015-01-01

    Adopting a multi-disciplinary and comparative approach, this book focuses on emerging and innovative attempts to tackle privacy and legal issues in cloud computing, such as personal data privacy, security and intellectual property protection. Leading international academics and practitioners in the fields of law and computer science examine the specific legal implications of cloud computing pertaining to jurisdiction, biomedical practice and information ownership. This collection offers original and critical responses to the rising challenges posed by cloud computing.

  2. Selected Legal Issues in Catholic Schools.

    Science.gov (United States)

    Shaughnessy, Mary Angela

    This book examines legal issues that affect Catholic high schools. Chapter 1 discusses sources of the law and how fairness and due process, federal and state statutes, and various guidelines shape the law. Tort law, corporal punishment, search and seizure, defamation of character, and negligence are covered in chapter 2. Chapter 3 details issues…

  3. 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)

  4. Legal issues with wind farm stakeholders

    International Nuclear Information System (INIS)

    Atcheson, A.

    2006-01-01

    Legal issues concerning wind power development and landowners were reviewed. Agreements with landowners present opportunities and risks for developers and land agents. Generally, a landowner agreement provides for a period of testing and an option to lease land for the purposes of installing and operating wind turbines. Provisions are used to set out the terms of the option and the lease; restrictions on use of the land by both parties; and the amount and method of payment. In order to establish a valid option to lease, it is necessary to have good and valuable consideration, certainty of terms and conditions, and compliance with statutes. If the term is too long or alienation of land appears too permanent, a transfer tax may be payable to the landowner. In Ontario, no land transfer tax is payable on a land lease if the term cannot exceed 50 years. Developers should expect basic terms to become public knowledge, and recognize that residents living near planned wind installations can use the local planning process to slow down or break a project, especially if they are concerned about negative environmental impacts such as noise. The arguments against wind farms on the basis of low frequency noise (LFN) are particularly damaging because they apply to all sites near human settlements, and the effects of LFN at inaudible levels have not been sufficiently studied to rule out the possibility of negative health effects. More comprehensive studies on the health effects of LFN are needed. Legal complications may also arise from wind theft, where one party with rights in a parcel of land erects a structure limiting the wind resource on an adjacent parcel of land without compensation. Further complications may arise from wind envy, where landowners may become envious of neighbours hosting turbine sites, while they must live with the sight and sound of the turbines without receiving compensation. Potential wind theft solutions include setback regulations; land pooling

  5. Legal issues with wind farm stakeholders

    Energy Technology Data Exchange (ETDEWEB)

    Atcheson, A. [Stikeman Elliott LLP, Toronto, ON (Canada)

    2006-07-01

    Legal issues concerning wind power development and landowners were reviewed. Agreements with landowners present opportunities and risks for developers and land agents. Generally, a landowner agreement provides for a period of testing and an option to lease land for the purposes of installing and operating wind turbines. Provisions are used to set out the terms of the option and the lease; restrictions on use of the land by both parties; and the amount and method of payment. In order to establish a valid option to lease, it is necessary to have good and valuable consideration, certainty of terms and conditions, and compliance with statutes. If the term is too long or alienation of land appears too permanent, a transfer tax may be payable to the landowner. In Ontario, no land transfer tax is payable on a land lease if the term cannot exceed 50 years. Developers should expect basic terms to become public knowledge, and recognize that residents living near planned wind installations can use the local planning process to slow down or break a project, especially if they are concerned about negative environmental impacts such as noise. The arguments against wind farms on the basis of low frequency noise (LFN) are particularly damaging because they apply to all sites near human settlements, and the effects of LFN at inaudible levels have not been sufficiently studied to rule out the possibility of negative health effects. More comprehensive studies on the health effects of LFN are needed. Legal complications may also arise from wind theft, where one party with rights in a parcel of land erects a structure limiting the wind resource on an adjacent parcel of land without compensation. Further complications may arise from wind envy, where landowners may become envious of neighbours hosting turbine sites, while they must live with the sight and sound of the turbines without receiving compensation. Potential wind theft solutions include setback regulations; land pooling

  6. EMERGING LEGAL ISSUES REGARDING CIVILIAN DRONE USAGE

    Directory of Open Access Journals (Sweden)

    Andrei-Alexandru STOICA

    2018-05-01

    Full Text Available Unmanned vehicles are becoming a common sighting in our day-to-day life and are soon going to become an important economic drive in creating workspaces and help achieve new milestones in human activities. As such, the technology revolving around the unmanned vehicles will push itself as much as it’s needed but with each achievement in the field of robotics a legal issue arises around how to use the newly acquired piece of technology in a public or private space and whether or not should such a technology be placed under a strict governmental control. As the saying by Prof. Henry W. Haynes (1879 goes “The possession of great powers and capacity for good implies equally great responsibilities in their employment. Where so much has been given much is required.” so does an unmanned vehicle and its operator must follow a degree of legal guidelines on how to properly use the gadget and to also to understand the legal limitations when interacting with other entities. This paper will focus on identifying and answering some legal issues regarding what is required for a drone to fly over an identifiable space, but also if the operator must have a document that was conferred by a state to acknowledge the skills of the pilot or should a software limitation be in place for national security safeguards. The paper will also tackle the issue of identifying legal documents from different states that can be applied to drone flight operations and also if different states have adopted sanctions to persons who did not abide to said legal norms.

  7. Ocean energy: key legal issues and challenges

    International Nuclear Information System (INIS)

    Wright, Glen; Rochette, Julien; O'Hagan, Anne Marie; De Groot, Jiska; Leroy, Yannick; Soininen, Niko; Salcido, Rachael; Castelos, Montserrat Abad; Jude, Simon; Kerr, Sandy

    2015-01-01

    Ocean energy is a novel renewable energy resource being developed as part of the push towards a 'Blue Economy'. The literature on ocean energy has focused on technical, environmental, and, increasingly, social and political aspects. Legal and regulatory factors have received less attention, despite their importance in supporting this new technology and ensuring its sustainable development. In this Issue Brief, we set out some key legal challenges for the development of ocean energy technologies, structured around the following core themes of marine governance: (i) international law; (ii) environmental impacts; (iii) rights and ownership; (iv) consenting processes; and (v) management of marine space and resources. (authors)

  8. Protective force legal issues: the security perspective

    International Nuclear Information System (INIS)

    Rich, B.L.

    1984-01-01

    There has been much discussion and some controversy on the legal issues faced by the Department of Energy's (DOE) protective forces in the performance of their security duties. These include the observance of legal proprieties in the arrest of non-violent demonstrators, the use of lethal weapons, and the extent of protective forces' authority to carry weapons and protect DOE's security interests offsite. In brief, the need to protect DOE's security interests may be in nominal conflict with other requirements. When faced with a potential conflict in requirements, we in the DOE security community must place first attention to the security mission -- to deter and prevent hostile acts

  9. Carbon Capture and Storage: legal issues

    Energy Technology Data Exchange (ETDEWEB)

    Mace, M.J.

    2006-10-15

    Carbon dioxide Capture and Storage (CCS) describes the process of capturing CO2 emissions from industrial and energy-related processes, compressing the gas to a liquid form, transporting it to a storage site (by pipeline, ship, truck or rail), and injecting it into a geological cavity – to isolate it from the atmosphere. CCS has been described as one option in the 'portfolio' of mitigation options - useful as a bridging technology to address the most prevalent greenhouse gases by volume in the short term, while economies make the shift from fossil fuels to low-carbon energy sources, including renewables. The IPCC has estimated that CCS has the potential to contribute 15-55% of the cumulative mitigation effort worldwide until 2100. However, for this to occur, the IPCC estimates that several hundreds or thousands of CO2 capture systems would need to be installed over the next century. Such a prospect raises a host of legal and regulatory issues and concerns. CCS activities will have to be undertaken in a manner consistent with the range of existing regulatory frameworks developed at the national level to address environmental and health and safety risks. But consistency with international law will also be essential where transboundary impacts are possible, transboundary transportation is involved, or offshore storage activities are contemplated.

  10. Venturing into cyberspace - some legal issues

    International Nuclear Information System (INIS)

    Gahtan, A.M.

    1999-01-01

    Issues regarding the use of the world-wide web by oil and gas companies were discussed. A series of overhead viewgraphs were used to illustrate general advertising and promotion issues including liability for links and frames, web site development agreements, and web site hosting agreements. The meaning of industry or product-specific advertising, trade mark infringement implications, the significance of foreign jurisdictions in operating a website, other significant website concepts, and the general principles of website development and attendant legal implications are explored

  11. Legal and ethical issues in robotic surgery.

    Science.gov (United States)

    Mavroforou, A; Michalodimitrakis, E; Hatzitheo-Filou, C; Giannoukas, A

    2010-02-01

    With the rapid introduction of revolutionary technologies in surgical practice, such as computer-enhanced robotic surgery, the complexity in various aspects, including medical, legal and ethical, will increase exponentially. Our aim was to highlight important legal and ethical implications emerged from the application of robotic surgery. Search of the pertinent medical and legal literature. Robotic surgery may open new avenues in the near future in surgical practice. However, in robotic surgery, special training and experience along with high quality assessment are required in order to provide normal conscientious care and state-of-the-art treatment. While the legal basis for professional liability remains exactly the same, litigation with the use of robotic surgery may be complex. In case of an undesirable outcome, in addition to physician and hospital, the manufacturer of the robotic system may be sued. In respect to ethical issues in robotic surgery, equipment safety and reliability, provision of adequate information, and maintenance of confidentiality are all of paramount importance. Also, the cost of robotic surgery and the lack of such systems in most of the public hospitals may restrict the majority from the benefits offered by the new technology. While surgical robotics will have a significant impact on surgical practice, it presents challenges so much in the realm of law and ethics as of medicine and health care.

  12. Medico-legal issues in breast imaging

    Energy Technology Data Exchange (ETDEWEB)

    Purushothaman, H.N., E-mail: hema.purushothaman@bartsandthelondon.nhs.uk [Department of Radiology, St Bartholomew' s Hospital, London (United Kingdom); Wilson, R. [Department of Radiology, The Royal Marsden Hospital, Sutton, Surrey (United Kingdom); Michell, M.J. [Department of Radiology, King' s College Hospital, London (United Kingdom)

    2012-07-15

    Aim: To identify medico-legal issues that occur in the diagnosis and radiological management of breast disease and to propose measures to reduce the risk of patient complaints and legal action in breast radiology and diagnosis. Materials and methods: Institutional review board approval was not applicable for this study. A retrospective study was undertaken and records of 120 medico-legal investigations over a 10 year period were examined. The reports were compiled by two consultant breast radiologists. Results: The mean age of the patients represented in this study was 48.3 years. The main complaint in this series was a delay in diagnosis (92%) followed by inappropriate or inadequate treatment (8%). 81% of cases were patients who had presented to the symptomatic clinic. The main presenting symptom was a palpable lump (65%). Substandard care was cited in 49/120 cases (41%). The mean average delay in diagnosis was 15.6 months. Of the cases cited as substandard care, 61% were considered the fault of the radiologist and 14% considered the fault of the breast surgeon. Of the cases where the radiologist was considered to be at fault, microcalcification was the most common mammographic sign to be missed or misinterpreted (12/26 cases, 46%). Conclusion: The most common complaint in this series was delay in diagnosis with microcalcification being the main mammographic sign that was either not seen or misinterpreted by the radiologist. Clear and precise written protocols are recommended for all breast imaging practice to ensure that medico-legal investigations will be greatly reduced.

  13. Medico-legal issues in breast imaging

    International Nuclear Information System (INIS)

    Purushothaman, H.N.; Wilson, R.; Michell, M.J.

    2012-01-01

    Aim: To identify medico-legal issues that occur in the diagnosis and radiological management of breast disease and to propose measures to reduce the risk of patient complaints and legal action in breast radiology and diagnosis. Materials and methods: Institutional review board approval was not applicable for this study. A retrospective study was undertaken and records of 120 medico-legal investigations over a 10 year period were examined. The reports were compiled by two consultant breast radiologists. Results: The mean age of the patients represented in this study was 48.3 years. The main complaint in this series was a delay in diagnosis (92%) followed by inappropriate or inadequate treatment (8%). 81% of cases were patients who had presented to the symptomatic clinic. The main presenting symptom was a palpable lump (65%). Substandard care was cited in 49/120 cases (41%). The mean average delay in diagnosis was 15.6 months. Of the cases cited as substandard care, 61% were considered the fault of the radiologist and 14% considered the fault of the breast surgeon. Of the cases where the radiologist was considered to be at fault, microcalcification was the most common mammographic sign to be missed or misinterpreted (12/26 cases, 46%). Conclusion: The most common complaint in this series was delay in diagnosis with microcalcification being the main mammographic sign that was either not seen or misinterpreted by the radiologist. Clear and precise written protocols are recommended for all breast imaging practice to ensure that medico-legal investigations will be greatly reduced.

  14. Legal and regulatory issues affecting compressed air energy storage

    Energy Technology Data Exchange (ETDEWEB)

    Hendrickson, P.L.

    1981-07-01

    Several regulatory and legal issues that can potentially affect implementation of a compressed air energy storage (CAES) system are discussed. This technology involves the compression of air using base load electric power for storage in an underground storage medium. The air is subsequently released and allowed to pass through a turbine to generate electricity during periods of peak demand. The storage media considered most feasible are a mined hard rock cavern, a solution-mined cavern in a salt deposit, and a porous geologic formation (normally an aquifer) of suitable structure. The issues are discussed in four categories: regulatory issues common to most CAES facilities regardless of storage medium, regulatory issues applicable to particular CAES reservoir media, issues related to possible liability from CAES operations, and issues related to acquisition of appropriate property rights for CAES implementation. The focus is on selected federal regulation. Lesser attention is given to state and local regulation. (WHK)

  15. An Interdisciplinary Seminar on Legal Issues in Medicine.

    Science.gov (United States)

    Moore, Dale L.

    1989-01-01

    A seminar on legal issues in medicine brings together medical (obstetrics/gynecology) and law students to promote mutual understanding of the legal and medical realms, their effects on each other, and the potential for cooperation. (MSE)

  16. Antiprogestin drugs: ethical, legal and medical issues.

    Science.gov (United States)

    Cook, R J; Grimes, D A

    1992-01-01

    RU 486 allows women the choice of a medical rather than a surgical abortion, and, for most women, the choice is one of procedure, not of whether to have an abortion. Issues surrounding RU 486 were explored in an American Society of Law and Medicine conference in December 1991 entitled "Antiprogestin Drugs: Ethical, Legal and Medical Issues." An introduction to 14 conference papers provides an overview of the proceedings. Baulieu, the father of RU 486, described updated developments in its use and the medically supervised method of abortion. Bygdeman and Swahn presented their work in Sweden on combining RU 486 with a prostaglandin to make abortion more effective. They suggested that the drug may be an attractive postovulation contraceptive. Greenslad et al. discussed service delivery aspects of the use of RU 486. Holt considered the implications of use of the drug in low-resource settings. A survey of obstetricians and gynecologists, presented by Heilig, indicates that 22% more physicians would perform a medical abortion. Patient perspectives were addressed by David, who stated that measuring acceptability of an abortion technique is difficult; women have historically used whatever method is available. A collaborative research project in India and Cuba on why women chose certain methods was reported by Winikoff et al. (90% of women would choose medical abortion if faced with the choice again). Berer analyzed French data on women's perspectives on medical vs. surgical abortion. The question of adolescent use of the drug was considered by Senderowitz, who lamented the lack of data on the subject and described what is known about adolescent pregnancy. Macklin proposed a framework for ethical analysis and used facts to address ethical questions. Weinstein provided another ethical framework, to analyze whether pharmacists have a right to refuse to provide abortifacient drugs. Buc approached the subject from a legal point of view and concluded that, whereas legal problems

  17. 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)

  18. Gas purchasing -- Business, legal, and contracting issues

    International Nuclear Information System (INIS)

    Krathwohl, E.J.

    1998-01-01

    While the daily newspapers and radio are full of articles and advertisements concerning the impending opening up of the electric industry to customer choice of supplier, little attention is being given to choice in the natural gas markets. The fact is, however, that except for California and some scattered pilot programs, retail electric markets are not yet open and even the imminent deadlines for retail access may prove to be illusory. For example, Rhode Island retail electric markets, by law, were open to competition July 1, 1997 but a month later less than a handful of customers had chosen alternative suppliers. In contrast, customers everywhere are already able to choose their own gas supplier, other than the local gas utility that had supplied all customers for so many years. With this new freedom of choice comes not only a number of benefits, but also risks. This article seeks to provide customers some guidance in obtaining such benefits and avoiding the risks. Ultimately, that is accomplished through a careful selection process, best done by means of an RFP with expert assistance, and through a negotiated gas contract. Before addressing specific contracting issues one must understand the legal and regulatory framework which governs the transportation of the natural gas

  19. The Chemical Weapons Convention -- Legal issues

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-08-01

    The Chemical Weapons Convention (CWC) offers a unique challenge to the US system of constitutional law. Its promise of eliminating what is the most purely genocidal type of weapon from the world`s arsenals as well as of destroying the facilities for producing these weapons, brings with it a set of novel legal issues. The reservations about the CWC expressed by US business people are rooted in concern about safeguarding confidential business information and protecting the constitutional right to privacy. The chief worry is that international verification inspectors will misuse their power to enter commercial property and that trade secrets or other private information will be compromised as a result. It has been charged that the Convention is probably unconstitutional. The author categorically disagrees with that view and is aware of no scholarly writing that supports it. The purpose of this presentation is to show that CWC verification activities can be implemented in the US consistently with the traditional constitutional regard for commercial and individual privacy. First, he very briefly reviews the types of verification inspections that the CWC permits, as well as some of its specific privacy protections. Second, he explains how the Fourth Amendment right to privacy works in the context of CWC verification inspections. Finally, he reviews how verification inspections can be integrated into these constitutional requirements in the SU through a federal implementing statute.

  20. Electrons without borders: legal issues in exporting power

    International Nuclear Information System (INIS)

    Atcheson, Aaron

    2011-01-01

    Miller Thomson LLP provides a range of personal and business law legal services to a variety of projects, particularly those involving renewable energy generation. This paper discusses the legal issues the company has faced in exporting power. There are three ways to export electricity, sale of environmental attributes/carbon credits across borders, via existing transmission facilities and via new transmission facilities. Authorizations by the relevant provincial entity are required to export via the existing transmission. To export power across into the US, permission is needed from both the National Energy Board (NEB) and from the US authorities. The history and the process of obtaining this permission through the NEB are discussed in detail. The approvals and considerations necessary to transport power through new transmission facilities and sale of environmental attributes are given in detail. The paper concludes that a special project is needed with unique opportunities to make the export of power the destination for all production.

  1. Legal issues in cash balance pension plan conversions.

    Science.gov (United States)

    Forman, J B

    2001-01-01

    Replacing a traditional pension with a cash balance plan raises a number of complicated and unsettled legal issues, including the protection of accrued benefits, the rate of benefit accrual, age discrimination and notice requirements. This article discusses those issues and concludes that routine conversions to cash balance plans appear to be legal both currently and into the foreseeable future.

  2. Legal, privacy, security, access and regulatory issues in cloud computing

    CSIR Research Space (South Africa)

    Dlodlo, N

    2011-04-01

    Full Text Available a gap on reporting are on are legal , privacy, security, access and regulatory issues. This paper raises an awareness of legal, privacy, security, access and regulatory issues that are associated with the advent of cloud computing. An in...

  3. Proposed REDD+ project for the Sundarbans: Legal and institutional issues

    Directory of Open Access Journals (Sweden)

    Saiful Karim

    2013-07-01

    Full Text Available Sundarbans, a Ramsar and World Heritage site, is the largest single block of tidal halophytic mangrove forest in the world covering parts of Bangladesh and India. Natural mangroves were very common along the entire coast of Bangladesh. However, all other natural mangrove forests, including the Chakaria Sundarbans with 21,000 hectares of mangrove, have been cleared for shrimp cultivation. Against this backdrop, the Forest Department of Bangladesh has developed project design documents for a project called ‘Collaborative REDD+ Improved Forest Management (IFM Sundarbans Project’ (CRISP to save the only remaining natural mangrove forest of the country. This project, involving conservation of 412,000 ha of natural mangrove forests, is expected to generate, over a 30-year period, a total emissions reduction of about 6.4 million tons of CO2. However, the successful implementation of this project involves a number of critical legal and institutional issues. It may involve complex legal issues such as forest ownership, forest use rights, rights of local people and carbon rights. It may also involve institutional reforms. Ensuring good governance of the proposed project is very vital considering the failure of the Asian Development Bank (ADB funded and Bangladesh Forest Department managed ‘Sundarbans Biodiversity Conservation Project’. Considering this previous experience, this paper suggests that a comprehensive legal and institutional review and reform is needed for the successful implementation of the proposed CRISP project. This paper argues that without ensuring local people’s rights and their participation, no project can be successful in the Sundarbans. Moreover, corruption of local and international officials may be a serious hurdle in the successful implementation of the project.

  4. [Some legal issues on sexual delinquency].

    Science.gov (United States)

    Romi, Juan C

    2009-01-01

    In this article we describe the criminal sexual conducts and their incidence in crime, as well as the psychogenesis of the criminal sexual behaviour, the profile of the sexual delinquent and the most common sexual disturbances found. It shall be mentioned the paraphilic crime, the serial sexual delinquent and their legal consequences.

  5. The Kozloduy absurdity: Legal and political dimensions of the Bulgarian Nuclear Power Plant issue

    International Nuclear Information System (INIS)

    Semov, A.

    2006-01-01

    The issue of Kozloduy NPP is long-standing and sensitive. Complicated technical, legal, economical, political and purely ethical issues are involved in it. Their entire review in this brief presentation is impossible. The paper therefore only dwells on some of the major issues, the way they have been presented by the Civil Committee for Kozloduy NPP Defence. Following an outline of the way the situation developed, the paper discusses legally binding acts and then considers other legally relevant factors. The possible existence of a friendly political climate in Europe allowing reconsideration of the matter is also dealt with. (author)

  6. Legal issues confronting the occupational physician.

    Science.gov (United States)

    Lewis, Kenneth S; Kleper, Ann-Louise

    2002-01-01

    Occupational physicians are frequently participants in a legal arena in which the interests of the patient are in conflict with those of the patient's employer. What is best for the patient may be viewed as financially burdensome or damaging to the employer. Pressures may be brought to bear upon the doctor, who is also concerned with furthering business relationships with the employer, to take action that is inimical to the patient's well-being. This article addresses legal liability and ethical responsibility in three situations: (1) when limitations or constraints are placed upon the physician's professional judgment in treating the patient; (2) when demands are made upon the physician to release medical information regarding a patient; and (3) when the physician is asked to perform a medical evaluation for purposes of litigation.

  7. 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.

  8. Telemental Health for Children and Adolescents: An Overview of Legal, Regulatory, and Risk Management Issues.

    Science.gov (United States)

    Kramer, Gregory M; Luxton, David D

    2016-04-01

    The use of technology to provide telemental healthcare continues to increase; however, little has been written about the legal and regulatory issues involved in providing this form of care to children and adolescents. This article reviews existing laws and regulations to summarize the risk management issues relevant to providing telemental healthcare to children and adolescents. There are several legal and regulatory areas in which telemental health clinicians need to have awareness. These areas include: 1) Licensure, 2) malpractice liability, 3) credentialing and privileging, 4) informed consent, 5) security and privacy, and 6) emergency management. Although legal and regulatory challenges remain in providing telemental healthcare to children and adolescents, it is possible to overcome these challenges with knowledge of the issues and appropriate risk management strategies. We provide general knowledge of these key legal and regulatory issues, along with some risk management recommendations.

  9. 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

  10. Legal issues in the transboundary movement of radioactive waste

    International Nuclear Information System (INIS)

    Pelzer, N.

    2000-01-01

    The transboundary movement of radioactive waste is a politically sensitive issue, which implies the raising of complex legal questions. Transborder transportation may be governed by various national jurisdictions on its way from the State of origin via the transit States to the State of destination. The overall goal to be achieved is safe management during all the necessary steps of transport, handling, storage and disposal. Far-reaching approximation or harmonization of national law applicable is to be aimed at in order to facilitate transboundary movement. Article 27 of the 1997 Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (Joint Convention) provides for a regime which, in principle, is appropriate. However, there are still open questions and, perhaps, lacunae remaining. Low risk materials exempt or released from regulatory control create specific problems owing to the fact that there are no agreed exemption or clearance levels which could be the base for unified legal provisions. The carrier may face different levels from State to State. The movement of radioactive waste by sea or air outside national jurisdictions is governed by the rules of Public International Law, especially by the 1982 United Nations Convention on the Law of the Sea, which in major parts is a codification of existing International Customary Law. During transport on the high seas, the ship is under the jurisdiction of the State under which flag she is sailing. If the nuclear cargo is loaded onto a ship sailing under the flag of a non-contracting party to the Joint Convention, there may be legal problems with regard to whether and to what extent the Joint Convention is applicable, even if the State of origin or the State of destination is a contracting party to the Joint Convention. If a nuclear incident occurs during the movement of the waste, complicated questions of nuclear liability law will have to be solved. As far as the

  11. Legal issues in power sale contract negotiations

    International Nuclear Information System (INIS)

    Goodwin, L.M.

    1990-01-01

    The Public Utility Regulatory Policies Act of 1978 (PURPA) is the foundation of the cogeneration industry. However, few cogeneration projects could be financed on the basis of PURPA alone. PURPA guarantees project owners the right to sell power at the purchasing utility's Avoided Cost, whatever that may be from time to time. However, the development and financing of a cogeneration project requires a secure and dependable income stream, not a mere guarantee of the right to receive the spot price for power. Accordingly, developers have found that a formal power sale contract with the purchasing utility is a prerequisite to successful project development. This paper summarizes some current issues in power sale contract negotiation, with a particular emphasis on contract terms which shift risks from the utility and its ratepayers to the developer. Many of these trends originally appeared before the advent of competitive bidding systems, but most will continue to affect power sale contracts under competitive bidding, and under IPP project development as well

  12. Transsexualism: Clinical Features and Legal Issues

    Directory of Open Access Journals (Sweden)

    Necla Keskin

    2015-12-01

    Full Text Available Although the epidemiological data is generally obtained from the patients that applied for gender reassignment surgery, it is known that transsexualism is not seen as rarely as it was estimated in the past and should be evaluated in detail because of its psychological and social consequences. Etiology remains to be unclear and biological and psychosocial factors are thought to be responsible for its development. Gender identity stabilizes approximately in 3-4 ages and it is impossible to change it after these ages. For this reason the aim of treatment approaches is to improve the conformity of individuals to their identity and life, but not to change the gender identity. The World Professional Association for Transgender Health [WPATH] published a guideline including standards of care [SOC] and SOC provide clinical guidance in follow-up and treatment of transsexual individuals. There is a detailed code in civil law about gender reassignment but when this code implemented strictly, the use of it is very limited and it is clear that a new arrangement is needed in this issue.

  13. 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.

  14. Contemporary Legal Issues in Electronic Commerce in Nigeria

    Directory of Open Access Journals (Sweden)

    TI Akomolede

    2008-10-01

    Full Text Available The Internet has no doubt added a great deal to the quality of human life today. It has knitted the world together as a global village. Many difficulties which hampered international and even national commercial transactions in the past have now been consigned to the dust-bin of history. The emergence of electronic commerce is as a result of the creation of the internet, through which commercial transactions are conducted between parties from different parts of the world and who may never see themselves in their lifetimes. However, the emergence of electronic commerce has also brought with it a number of legal and socio-economic problems, especially in the developing nations such as Nigeria – problems which pose significance challenges to the legal regime of electronic commerce in those countries. This paper examines these legal issues within the context of the current legal and regulatory framework for electronic commerce in Nigeria.

  15. Homicidal violence during foreign military missions - prevention and legal issues

    Directory of Open Access Journals (Sweden)

    G T Okulate

    2006-03-01

    Full Text Available Objectives. The study involved Nigerian soldiers engaged in peacekeeping missions in Liberia and Yugoslavia. Using case illustrations, the study sought to describe patterns of homicidal violence among soldiers from the same country or soldiers from allied forces, and to suggest possible reasons for the attacks. Design and setting. Nigeria was actively involved in peacekeeping missions in Liberia between 1990 and 1996. During this period, intentional homicidal attacks occurred among the Nigerian military personnel. Post- homicidal interviews conducted among the perpetrators were combined with evidence obtained at military courts to produce the case studies. Subjects. Six Nigerian military personnel who attacked other Nigerians or soldiers from allied forces, with homicidal intent. Results. Possible predisposing and precipitating factors for these attacks were highlighted. The possibility of recognising these factors before embarking on overseas missions was discussed, so that preventive measures could be instituted as far as possible. Finally, medico-legal implications of homicide in the military were discussed. Conclusions. A certain degree of pre-combat selection is essential to exclude soldiers with definite severe psychopathology. A clearly defined length of duty in the mission areas and adequate communication with home could reduce maladjustment. Health personnel deployed to mission areas should be very conversant with mental health issues so that early recognition of psychological maladjustment is possible.

  16. Domestic violence: legal issues for health care practitioners and institutions.

    Science.gov (United States)

    Hyman, A

    1996-01-01

    If health care practitioners and institutions became familiar with legal options available to survivors of domestic violence, they could better facilitate their patients' access to potentially life-saving recourses. Such options include calling the police and obtaining civil protection orders and bringing custody, divorce, and support actions. Provider awareness of legal obligations and other legal considerations that arise when handling domestic violence cases is important for patient care and the practice of good risk management. Examples of such issues include domestic violence protocol requirements, documentation of abuse, and repercussions of mandatory reporting laws. Health care providers should work in collaboration with community domestic violence programs in educating staff on issues pertaining to domestic violence and in crafting policies that promote patient safety and autonomy.

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

    Science.gov (United States)

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

    2014-03-01

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

  18. Comment: Legal Issues regarding the NBE Guideline on Diaspora ...

    African Journals Online (AJOL)

    This comment examines the legality of Guideline No. FIS/01/2016 issued by the National Bank of Ethiopia (on November 1st, 2016) regarding the relinquishing of shares in banks owned by foreign nationals of Ethiopian origin. It is argued that at the time of the auction, an Ethiopian born foreign national remains to be the ...

  19. Cyberspace in the Curricula: New Legal and Ethical Issues.

    Science.gov (United States)

    Smethers, J. Steven

    1998-01-01

    Finds that most journalism and mass communication programs integrate legal and ethical issues surrounding cyberspace and interactive media into existing courses, especially into ethics and communication law courses, but also into introductory survey courses, communication technology, and reporting classes. Details reasons why some programs do not…

  20. School Psychology in Rural Contexts: Ethical, Professional, and Legal Issues

    Science.gov (United States)

    Edwards, Lynn M.; Sullivan, Amanda L.

    2014-01-01

    Delivering psychological services in rural communities presents a number of unique challenges for practitioners relative to their peers in urban and suburban communities. In this article, the authors describe the current context of rural schools and examine the ethical and legal issues school psychologists may face when practicing in rural…

  1. Cross-Cultural Issues in Parent Involvement.

    Science.gov (United States)

    Tran, Bach-Tuyet Pham; And Others

    Four papers address cultural issues related to the involvement of limited-English-proficient parents in public schools in the United States. "Cultural Issues in Indochinese Parent Involvement" (Bach-Tuyet (Pham) Tran) outlines the linguistic, social, and practical barriers to Indochinese immigrant parent involvement and makes suggestions for…

  2. Practicing industrial safety - issues involved

    International Nuclear Information System (INIS)

    Gunasekaran, P.

    2016-01-01

    Industrial safety is all about measures or techniques implemented to reduce the risk of injury, loss to persons, property or the environment in any industrial facility. The issue of industrial safety evolved concurrently with industrial development as a shift from compensation to prevention as well. Today, industrial safety is widely regarded as one of the most important factors that any business, large or small, must consider in its operations, as prevention of loss is also a part of profit. Factories Act of Central government and Rules made under it by the state deals with the provisions on industrial safety legislation. There are many other acts related to safety of personnel, property and environment. Occupational health and safety is also of primary concern. The aim is to regulate health and safety conditions for all employers. It includes safety standards and health standards. These acts encourage employers and employees to reduce workplace hazards and to implement new or improve existing safety and health standards; and develop innovative ways to achieve them. Maintain a reporting and record keeping system to monitor job-related injuries and illnesses; establish training programs to increase the number and competence of occupational safety and health personnel

  3. Medical photography: current technology, evolving issues and legal perspectives.

    Science.gov (United States)

    Harting, M T; DeWees, J M; Vela, K M; Khirallah, R T

    2015-04-01

    Medical photographic image capture and data management has undergone a rapid and compelling change in complexity over the last 20 years. This is because of multiple factors, including significant advances in ease of photograph capture, alongside an evolution of mechanisms of data portability/dissemination, combined with governmental focus on health information privacy. Literature to guide medical, legal, governmental and business professionals when dealing with issues related to medical photography is virtually nonexistent. Herein, we will address the breadth of uses of medical photography, device properties/specific devices utilised for image capture, methods of data transfer and dissemination and patient perceptions and attitudes regarding photography in a medical setting. In addition, we will address the legal implications, including legal precedent, copyright and privacy law, informed consent, protected health information and the Health Insurance Portability and Accountability Act (HIPAA), as they pertain to medical photography. © 2015 John Wiley & Sons Ltd.

  4. 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.

  5. Epigenetics and Child Psychiatry: Ethical and Legal Issues.

    Science.gov (United States)

    Thomas, Christopher R

    2015-10-01

    Epigenetics has the potential to revolutionize diagnosis and treatment in psychiatry, especially child psychiatry, as it may offer the opportunity for early detection and prevention, as well as development of new treatments. As with the previous introduction of genetic research in psychiatry, there is also the problem of unrealistic expectations and new legal and ethical problems. This article reviews the potential contributions and problems of epigenetic research in child psychiatry. Previous legal and ethical issues in genetic research serve as a guide to those in epigenetic research. Recommendations for safeguards and guidelines on the use of epigenetics with children and adolescents are outlined based on the identified issues. Copyright © 2015 John Wiley & Sons, Ltd.

  6. 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.

  7. Alternative dispute resolution of medical-legal issues.

    Science.gov (United States)

    Barton, H M

    1991-02-01

    Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.

  8. Methodological issues involved in conducting qualitative research ...

    African Journals Online (AJOL)

    The purpose of this article is to describe the methodological issues involved in conducting qualitative research to explore and describe nurses' experience of being directly involved with termination of pregnancies and developing guidelines for support for these nurses. The article points out the sensitivity and responsibility ...

  9. Addressing Measurement Issues Related to Bullying Involvement

    Science.gov (United States)

    Casper, Deborah M.; Meter, Diana J.; Card, Noel A.

    2015-01-01

    In this article, we address measurement issues related to select aspects of bullying involvement with the goal of moving psychometrically sound measurement practices toward applied bullying research. We first provide a nontechnical introduction to psychometric considerations in measuring bullying involvement, highlighting the importance of…

  10. 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.

  11. The cloud security ecosystem technical, legal, business and management issues

    CERN Document Server

    Ko, Ryan

    2015-01-01

    Drawing upon the expertise of world-renowned researchers and experts, The Cloud Security Ecosystem comprehensively discusses a range of cloud security topics from multi-disciplinary and international perspectives, aligning technical security implementations with the most recent developments in business, legal, and international environments. The book holistically discusses key research and policy advances in cloud security - putting technical and management issues together with an in-depth treaties on a multi-disciplinary and international subject. The book features contributions from key tho

  12. 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.

  13. Legal issues in clouds: towards a risk inventory.

    Science.gov (United States)

    Djemame, Karim; Barnitzke, Benno; Corrales, Marcelo; Kiran, Mariam; Jiang, Ming; Armstrong, Django; Forgó, Nikolaus; Nwankwo, Iheanyi

    2013-01-28

    Cloud computing technologies have reached a high level of development, yet a number of obstacles still exist that must be overcome before widespread commercial adoption can become a reality. In a cloud environment, end users requesting services and cloud providers negotiate service-level agreements (SLAs) that provide explicit statements of all expectations and obligations of the participants. If cloud computing is to experience widespread commercial adoption, then incorporating risk assessment techniques is essential during SLA negotiation and service operation. This article focuses on the legal issues surrounding risk assessment in cloud computing. Specifically, it analyses risk regarding data protection and security, and presents the requirements of an inherent risk inventory. The usefulness of such a risk inventory is described in the context of the OPTIMIS project.

  14. 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.

  15. Ethical and legal issues in the clinical practice of primary health care.

    Science.gov (United States)

    Maestro, Francisco Javier; Martinez-Romero, Marcos; Vazquez-Naya, Jose Manuel; Pereira, Javier; Pazos, Alejandro

    2013-01-01

    Since it was conceived, the notion of primary care has been a crucial concept in health services. Most health care is provided at this level and primary care clinicians have an essential role, both in terms of disease prevention and disease management. During the last decades, primary health care has evolved from a traditional paternalistic model, in which patients played the role of passive recipient of care, towards a situation in which patients are partners involved in the decision making-process. This new context opened a considerable number of new ethical and legal aspects, which need to be comprehensively analyzed and discussed in order to preserve the quality of primary health care all around the world. This work reviews the most important ethical and legal issues in primary health care. Legislation issues are explained in the context of the Spanish Health Services.

  16. E-therapy: practical, ethical, and legal issues.

    Science.gov (United States)

    Manhal-Baugus, M

    2001-10-01

    E-therapy is a term that has been coined to describe the process of interacting with a therapist online in ongoing conversations over time when the client and counselor are in separate or remote locations and utilize electronic means to communicate with each other. It is a relatively new modality of assisting individuals resolve life and relationship issues. E-therapy utilizes the power and convenience of the internet to allow simultaneous (synchronous) and time-delayed (asynchronous) communication between an individual and a professional. For the purposes of this paper, e-therapy is defined as a licensed mental health care professional providing mental health services via e-mail, video conferencing, virtual reality technology, chat technology, or any combination of these. It does not include self-help methods such as public bulletin boards or private listservs. E-therapy is not psychotherapy or psychological counseling per se since it does to presume to diagnose or treat mental or medical disorders. However, e-therapy is flexible enough to also address many difficulties which clients present to the online therapist. As in other types of therapy, such as bibliotherapy, occupational therapy, and rehabilitation therapy), e-therapy does assist a person in addressing specific concerns with specific skills. This article examines the following issues of e-therapy. First, the types of e-therapy and related services are described to provide a background for the article. Second, the ethical codes which have been adopted by three major professional organizations (American Counseling Association, National Board for Certified Counselors, and the International Society for Mental Health Online) pertaining to e-therapy are summarized for professional and consumer use. Finally, the practical, ethical, and legal issues of e-therapy services are discussed fully.

  17. Legal and policy issues associated with monitoring employee E-mail

    Energy Technology Data Exchange (ETDEWEB)

    Segura, M.A.; Rither, A.C.

    1997-01-01

    This paper examines the legal issues involved with employer monitoring of employee e-mail. In addition to identifying pertinent legal issues, the paper provides guidelines that will help the Pacific Northwest National Laboratory (PNNL) establish a program for monitoring outgoing e-mail to insure compliance with company policies, particularly those regarding protection of trade secrets and proprietary information, and to comply with the Department of Energy`s (DOE) procedures for protecting Export Controlled Information (ECI). Electronic communication has allowed companies to enhance efficiency, responsiveness and effectiveness. E-mail allows employees to transmit all types of data to other individuals inside and outside of their companies. The ease with which information can be transmitted by e-mail has placed trade secrets, proprietary information, and other sensitive data at risk from inadvertent disclosure by employees. As employers attempt to protect their interests through measures such as monitoring e-mail, they may expose themselves to liability under federal and state laws for violating employee privacy. Business use of e-mail has proliferated so rapidly that the federal and state legal systems have not been able to adequately address the issues arising out of its use in the workplace.

  18. Preventing medico-legal issues in clinical practice

    Directory of Open Access Journals (Sweden)

    Bevinahalli N Raveesh

    2016-01-01

    Full Text Available The medical profession is considered to be one of the noblest professions in the world. The practice of medicine is capable of rendering noble service to humanity provided due care, sincerity, efficiency, and professional skill is observed by the doctors. However, today, the patient–doctor relationship has almost diminished its fiduciary character and has become more formal and structured. Doctors are no longer regarded as infallible and beyond questioning. Corporatization of health care has made it like any other business, and the medical profession is increasingly being guided by the profit motive rather than that of service. On the other hand, a well-publicized malpractice case can ruin the doctor's career and practice. The law, like medicine, is an inexact science. One cannot predict with certainty an outcome of cases many a time. It depends on the particular facts and circumstances of the case, and also the personal notions of the judge concerned who is hearing the case. The axiom “you learn from your mistakes” is too little honored in healthcare. The best way to handle medico-legal issues is by preventing them, and this article tries to enumerate the preventive measures in safeguarding the doctor against negligence suit.

  19. Legal and ethical issues in safe blood transfusion

    Directory of Open Access Journals (Sweden)

    Shivaram Chandrashekar

    2014-01-01

    Full Text Available Legal issues play a vital role in providing a framework for the Indian blood transfusion service (BTS, while ethical issues pave the way for quality. Despite licensing of all blood banks, failure to revamp the Drugs and Cosmetic Act (D and C Act is impeding quality. Newer techniques like chemiluminescence or nucleic acid testing (NAT find no mention in the D and C Act. Specialised products like pooled platelet concentrates or modified whole blood, therapeutic procedures like erythropheresis, plasma exchange, stem cell collection and processing technologies like leukoreduction and irradiation are not a part of the D and C Act. A highly fragmented BTS comprising of over 2500 blood banks, coupled with a slow and tedious process of dual licensing (state and centre is a hindrance to smooth functioning of blood banks. Small size of blood banks compromises blood safety. New blood banks are opened in India by hospitals to meet requirements of insurance providers or by medical colleges as this a Medical Council of India (MCI requirement. Hospital based blood banks opt for replacement donation as they are barred by law from holding camps. Demand for fresh blood, lack of components, and lack of guidelines for safe transfusion leads to continued abuse of blood. Differential pricing of blood components is difficult to explain scientifically or ethically. Accreditation of blood banks along with establishment of regional testing centres could pave the way to blood safety. National Aids Control Organisation (NACO and National Blood Transfusion Council (NBTC deserve a more proactive role in the licensing process. The Food and Drug Administration (FDA needs to clarify that procedures or tests meant for enhancement of blood safety are not illegal.

  20. On the Legal Issues of Teaching Evolution in Public Schools

    Science.gov (United States)

    Hermann, Ronald S.

    2013-01-01

    In order to effectively teach evolution to all students, even those resistant to learning evolution, science teachers may question the extent to which religion can legally be discussed in the public high school science classroom. Evolution is taught from a variety of approaches, each of which has legal implications. Four approaches to teaching…

  1. [The flexible fiberoptic bronchoscopy report: medico-legal issues].

    Science.gov (United States)

    Trosini-Désert, V; Morin, J-M; Fournier, C; Similowski, T; Vergnon, J-M

    2010-09-01

    The flexible bronchoscopy report is one of the tools permitting exchange of medical information in respiratory medicine and is an integral part of the medical record. Currently, there is no consensus on its content, and consequently, there are no recommendations. A survey was carried out involving experts from the Groupe d'Endoscopie de Langue Française (GELF--Endoscopy Research Group of the French Language Society of Pneumology) and a lawyer from the legal affairs and patient's rights department of the Paris public hospital system. Thirty-four questions distributed in eight chapters were asked in an eight-part questionnaire covering: 1) general administration, 2) environmental safety, 3) medical and anatomical description of the examination, 4) tolerance/complications of the examination, 5) conclusion, 6) image and video sequence capture, 7) administrative data for archiving, 8) disposable elements used during the examination. The results showed as many areas of convergence as they did divergence, between physicians, and between physicians and lawyer. Collective consideration is required to harmonize the writing of bronchoscopy reports, to provide a tool that is not only consensual and complete, but also valid and sound from the medicolegal viewpoint. Copyright © 2010 SPLF. Published by Elsevier Masson SAS. All rights reserved.

  2. Legal and Ethical Issues around Incorporating Traditional Knowledge in Polar Data Infrastructures

    Directory of Open Access Journals (Sweden)

    Teresa Scassa

    2017-02-01

    Full Text Available Human knowledge of the polar region is a unique blend of Western scientific knowledge and local and indigenous knowledge. It is increasingly recognized that to exclude Traditional Knowledge from repositories of polar data would both limit the value of such repositories and perpetuate colonial legacies of exclusion and exploitation. However, the inclusion of Traditional Knowledge within repositories that are conceived and designed for Western scientific knowledge raises its own unique challenges. There is increasing acceptance of the need to make these two knowledge systems interoperable but in addition to the technical challenge there are legal and ethical issues involved. These relate to ‘ownership’ or custodianship of the knowledge; obtaining appropriate consent to gather, use and incorporate this knowledge; being sensitive to potentially different norms regarding access to and sharing of some types of knowledge; and appropriate acknowledgement for data contributors. In some cases, respectful incorporation of Traditional Knowledge may challenge standard conceptions regarding the sharing of data, including through open data licensing. These issues have not been fully addressed in the existing literature on legal interoperability which does not adequately deal with Traditional Knowledge. In this paper we identify legal and ethical norms regarding the use of Traditional Knowledge and explore their application in the particular context of polar data. Drawing upon our earlier work on cybercartography and Traditional Knowledge we identify the elements required in the development of a framework for the inclusion of Traditional Knowledge within data infrastructures.

  3. Photovoltaic commercialization: an analysis of legal issues affecting a government-accelerated solar industry

    Energy Technology Data Exchange (ETDEWEB)

    Lamm, D.

    1980-06-01

    The Photovoltaics Research, Development, and Demonstration Act of 1978 is discussed. Legal issues, including solar access, the need for performance standards, the effects of building codes on photovoltaic system use and commercialization, and manufacturer and installer performance guarantees, are examined. Electric utility policies are examined, including interconnection, and rates and legal issues affecting them. (LEW)

  4. Legal and ethical issues arising with preimplantation human embryos.

    Science.gov (United States)

    Robertson, J A

    1992-04-01

    The development of in vitro fertilization has led to ethical and legal controversies concerning actions with externalized preembryos. A legal and ethical consensus is emerging that preembryos are not legal persons or moral subjects, although they are owed special respect because of their ability to implant and come to term. In addition, gamete providers are recognized as having dispositional authority over whether preembryos will be created, cryopreserved, placed in a uterus, discarded, donated, or used in research. Prior agreements over preembryo disposition are the best way to minimize disputes between the gamete providers.

  5. Resolving legal issues in the transfer of technologies in environmental restoration and waste management

    International Nuclear Information System (INIS)

    Katz, J.; Richards, F. III; Underwood, J.P.

    1994-01-01

    In reforming its contracting and procurement processes, the Department of Energy (DOE) should also make reforms to facilitate the transfer and commercialization of environmental restoration and waste management technologies between DOE laboratories and the private sector. These reforms would address the three related legal issues of patents, conflict of interest, and liability. This paper discusses each issue and considers possible solutions to them. These solutions include contractual clauses to specifically address the needs of all involved parties, improved definition of development and implementation rights, and increased protections for contractors. If DOE, or the Federal Government more generally, successfully resolves these issues and makes the appropriate changes to the DOE procurement system, transfer and commercialization will more efficiently, effectively, and easily occur

  6. Theoretical Issues of Legal Regulation of Municipal Solid Waste Handling

    OpenAIRE

    Altynbekkyzy Alua; Bekezhanov Dauren Nurzhanovich

    2017-01-01

    The relevance of comparative analysis of legal regulation of environmental protection is due to several reasons. Firstly, it expands the boundaries of interpretation of legal norms and acts of environmental law. Secondly, it allows relying on experience in the latest achievements of legislative activity in developed countries. Thirdly, taking into consideration the legislative mistakes of other countries, it helps to avoid similar mistakes in the process of improving Kazakh legislation. And f...

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

    Science.gov (United States)

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

    1997-11-01

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

  8. Forest carbon trading : legal, policy, ecological and aboriginal issues

    International Nuclear Information System (INIS)

    Elgie, S.

    2005-01-01

    Canada's forest ecosystems store 88 billion tonnes of carbon, with trees alone storing 13 billion tonnes, twice the global annual carbon emissions. Carbon trading could affect forest management. Certain types of forest carbon project will offer cost-effective carbon sequestration options. This paper addresses current concerns about forest carbon trading such as phony carbon gains, biodiversity impact and increased fossil fuel emissions. Statistics were presented with information on global carbon stocks. The Kyoto Protocol requires that Canada must count all changes in forest carbon stocks resulting from afforestation, reforestation or deforestation, and that Canada has the option of counting carbon stock changes from forest management. The decision must be made by 2006, and considerations are whether to present projected net source or sink, or whether to count current commercially managed areas or all timber productive areas. An outline of federal constitutional authority power regarding Kyoto was presented, including limits and risks of trade and treaty powers. The economics of forest carbon were outlined with reference to increasing forest carbon storage. A two-pronged approach was advised, with avoided logging and plantation and intensive management securing carbon and timber benefits. Examples of pre-Kyoto pilots were presented, including the SaskPower project, the Little Red River Cree project and the Labrador Innu project. The disadvantages of offset trading were presented. It was concluded that forest carbon markets are part of a larger vision for sustainable development in Canada's north, especially for aboriginal peoples, and may indicate a growing market for ecological services. Constitutional limits to federal power to regulate carbon trading are not insurmountable, but require care. Ownerships of forest carbon rights raises important policy and legal issues, including aboriginal right, efficiency and equity. An estimated cost of forest carbon projects

  9. Biomedical research involving patients with disorders of consciousness: ethical and legal dimensions

    Directory of Open Access Journals (Sweden)

    Michele Farisco

    2014-09-01

    Full Text Available The directive 2001/20/UE and the research involving patients with docs. Research involving patients with disorders of consciousness (DOCs deserves special ethical and legal attention because of its Janus-faced nature. On the one hand, it raises concerns about the risk to expose the involved subjects to disproportionate risks not respecting their individual dignity, particularly their right to be cared for; on the other hand, research is an essential tool in order to improve the clinical condition of patients with DOCs. The present paper concerns the ethical and legal dimensions of biomedical research involving patients with disorders of consciousness. In particular, it focuses on informed consent to experimental treatments, which is a challenging issue both from an ethical and legal point of view. The first part reads the Directive 2001/20/EU in the light of the experimentation of patients with DOCs, and suggests a revision in order to better assess the issue of informed consent. The particular case of informed consent for observational studies of non-communicative patients. The second part presents an informed consent form for studies through video-recording of patients unable to communicate their own consent. This form has been elaborated by the bioethics unit of the project "Review of the nosography of vegetative states: application of methods of behavioral analysis to individuals in coma or vegetative state" developed at the Italian National Institute of Health. Relevance of the suggested form. The paper describes the conceptual framework of the form for informed consent to studies through video-recoding, which is a relevant example of what issues should be included in an informed consent for any type of studies through video-recording of patients unable to express their own consent. The article has been sent on November the 7th 2013, before the adoption of the Regulation (EU no. 536/2014 (and consequent abrogation of the Directive 2001

  10. Theoretical Issues of Legal Regulation of Municipal Solid Waste Handling

    Directory of Open Access Journals (Sweden)

    Altynbekkyzy Alua

    2017-06-01

    Full Text Available The relevance of comparative analysis of legal regulation of environmental protection is due to several reasons. Firstly, it expands the boundaries of interpretation of legal norms and acts of environmental law. Secondly, it allows relying on experience in the latest achievements of legislative activity in developed countries. Thirdly, taking into consideration the legislative mistakes of other countries, it helps to avoid similar mistakes in the process of improving Kazakh legislation. And finally, it is the starting point for multilateral and bilateral cooperation in the field of environmental law.

  11. Legal issues associated with preparing for a nuclear energy programme

    International Nuclear Information System (INIS)

    Pelzer, N.

    2009-01-01

    Developing and implementing a national programme for the civilian use of nuclear energy means embarking on the use of a Janus-faced form of energy. We all know that nuclear energy implies both extraordinary benefits and extraordinary risks. This fact requires a legal framework appropriate to cope with both elements of nuclear power. Legislators and State authorities have to establish a sound balance between risks and benefits. That is not at all an easy task. While excluding or limiting risks requires severe legal control mechanisms, the benefits can only fully be enjoyed if the legal framework ensures freedom of research and of economic and industrial development including the guarantee of property ownership and of investments. Combining both opposite poles seems like trying to square the circle. In case of a conflict between promotion and protection, there is no doubt that the protection against nuclear risks has to prevail. Therefore this aspect of nuclear law will be mainly dealt with in this presentation. Establishing a legal framework to tame the hazards of nuclear energy is a much more challenging task for law-makers than providing a legal basis for promoting the use of nuclear energy. With regard to the promotion of nuclear energy, States enjoy a broad range of discretion and may use a great number of legal and non-legal instruments to support the development of a nuclear programme. From a legal point of view, promoting nuclear energy does not require a specific regime. However, it does require a specific regime to control the risks of nuclear energy. States preparing for a nuclear energy programme have to be aware that the use of nuclear energy is not an exclusively national matter. In particular the risk associated with nuclear energy extends beyond national borders. Using the benefits also needs international cooperation in many fields including, e.g., research or fuel supply. Today a network of multilateral and bilateral international treaties exists

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

    Science.gov (United States)

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

    2013-03-01

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

  13. Iatrogenic splenic injury: review of the literature and medico-legal issues

    Directory of Open Access Journals (Sweden)

    Feola Alessandro

    2016-01-01

    Full Text Available Iatrogenic splenic injury is a recognized complication in abdominal surgery. The aim of this paper is to understand the medico-legal issues of iatrogenic splenic injuries. We performed a literature review on PubMed and Scopus using iatrogenic splenic or spleen injury and iatrogenic splenic rupture as keywords. Iatrogenic splenic injury cases were identified. Most cases were related to colonoscopy, but we also identified cases related to upper gastrointestinal procedures, colonic surgery, ERCP, left nephrectomy and/or adrenalectomy, percutaneous nephrolithotomy, vascular operations involving the abdominal aorta, gynecological operation, left lung biopsy, chest drain, very rarely spinal surgery and even cardiopulmonary resuscitation. There are several surgical procedures that can lead to a splenic injury. However, from a medico-legal point of view, it is important to assess whether the cause can be attributed to a technical error of the operator rather than being an unpredictable and unpreventable complication. It is important for the medico-legal expert to have great knowledge on iatrogenic splenic injuries because it is important to evaluate every step of the first procedure performed, how a splenic injury is produced, and whether the correct treatment for the splenic injury was administered in a judgment.

  14. Legal Issues Affecting Faculty and Administration in Higher Education.

    Science.gov (United States)

    Peach, Larry E.; Reddick, Thomas L.

    Legal aspects of college teaching and administration are discussed. The faculty and college are liable by tort law for students in three ways: intentional acts or interference, strict liability, and negligence. Intentional acts include improperly installed or dangerous equipment, while strict liability cases usually occur where fault is not…

  15. Legal, institutional, and political issues in transportation of nuclear materials at the back end of the LWR nuclear fuel cycle

    International Nuclear Information System (INIS)

    Lippek, H.E.; Schuller, C.R.

    1979-03-01

    A study was conducted to identify major legal and institutional problems and issues in the transportation of spent fuel and associated processing wastes at the back end of the LWR nuclear fuel cycle. (Most of the discussion centers on the transportation of spent fuel, since this activity will involve virtually all of the legal and institutional problems likely to be encountered in moving waste materials, as well.) Actions or approaches that might be pursued to resolve the problems identified in the analysis are suggested. Two scenarios for the industrial-scale transportation of spent fuel and radioactive wastes, taken together, high-light most of the major problems and issues of a legal and institutional nature that are likely to arise: (1) utilizing the Allied General Nuclear Services (AGNS) facility at Barnwell, SC, as a temporary storage facility for spent fuel; and (2) utilizing AGNS for full-scale commercial reprocessing of spent LWR fuel

  16. Legal, institutional, and political issues in transportation of nuclear materials at the back end of the LWR nuclear fuel cycle

    Energy Technology Data Exchange (ETDEWEB)

    Lippek, H.E.; Schuller, C.R.

    1979-03-01

    A study was conducted to identify major legal and institutional problems and issues in the transportation of spent fuel and associated processing wastes at the back end of the LWR nuclear fuel cycle. (Most of the discussion centers on the transportation of spent fuel, since this activity will involve virtually all of the legal and institutional problems likely to be encountered in moving waste materials, as well.) Actions or approaches that might be pursued to resolve the problems identified in the analysis are suggested. Two scenarios for the industrial-scale transportation of spent fuel and radioactive wastes, taken together, high-light most of the major problems and issues of a legal and institutional nature that are likely to arise: (1) utilizing the Allied General Nuclear Services (AGNS) facility at Barnwell, SC, as a temporary storage facility for spent fuel; and (2) utilizing AGNS for full-scale commercial reprocessing of spent LWR fuel.

  17. HIV vaccines in Canada: legal and ethical issues--an overview.

    Science.gov (United States)

    Garmaise, David

    2002-07-01

    In July 2002 the Legal Network released an overview paper on legal and ethical issues related to an HIV vaccine in Canada. The paper, which is based on a more detailed report prepared in collaboration with the Centre for Bioethics of the Clinical Research Institute of Montréal, calls for the establishment of a Canadian HIV Vaccine Plan.

  18. The legal and ethical issues in the techniques of blood transfusion ...

    African Journals Online (AJOL)

    The paper examines the legal and ethical issues that may arise and the principles that should be considered in the clinical practice for the transfusion of red blood cells and plasma into adults and children. Generally, the legal and ethical principles that apply to the medical transfusion therapy are not different from those ...

  19. Legal Issues Affecting Libraries and Librarians: Employment Law, Liability and Insurance, Contracts, and Problem Patrons.

    Science.gov (United States)

    Mika, Joseph J.; Shuman, Bruce A.

    1988-01-01

    This fourth lesson in a continuing education course on legal issues affecting libraries and librarians discusses the library's rights and legal responsibilities in the areas of censorship and intellectual freedom, the Freedom of Information Act and patron privacy, problem patrons, and ethical considerations of library services. (14 references)…

  20. Homophobic Expression in K-12 Public Schools: Legal and Policy Considerations Involving Speech that Denigrates Others

    Science.gov (United States)

    Eckes, Suzanne E.

    2017-01-01

    This article examines an education policy matter that involves homophobic speech in public schools. Using legal research methods, two federal circuit court opinions that have examined the tension surrounding anti-LGBTQ student expression are analyzed. This legal analysis provides non-lawyers some insight into the current realities of student…

  1. Legal issues of extended practice: Where does the responsibility lie?

    International Nuclear Information System (INIS)

    Buttress, Susan J.; Marangon, Tim

    2008-01-01

    The development of new roles in healthcare has been developing rapidly since even before the publication of the NHS Plan in 2000. The driving forces have encouraged the blurring of traditional professional role boundaries and the development of extended roles in practice in which health professionals have adopted tasks out of their normal scope of practice. This paper examines the legal implications of such actions and highlights the importance of recognising the legal responsibility of taking on tasks beyond their recognised role. The case law applicable to this area is discussed and applied to clinical negligence cases that could arise from practice that is beyond the scope of professionals within their field and appropriate conclusions are drawn

  2. Legal issues of extended practice: Where does the responsibility lie?

    Energy Technology Data Exchange (ETDEWEB)

    Buttress, Susan J. [MSc Professional Development, School of Healthcare Professions, University of Salford, Frederick Road, Salford M6 6PU (United Kingdom)], E-mail: s.buttress@salford.ac.uk; Marangon, Tim [Programme Leader MA Healthcare Law/LLB Health Law, Salford Law School, Lady Hale Building, University of Salford, M5 4WT (United Kingdom)

    2008-12-15

    The development of new roles in healthcare has been developing rapidly since even before the publication of the NHS Plan in 2000. The driving forces have encouraged the blurring of traditional professional role boundaries and the development of extended roles in practice in which health professionals have adopted tasks out of their normal scope of practice. This paper examines the legal implications of such actions and highlights the importance of recognising the legal responsibility of taking on tasks beyond their recognised role. The case law applicable to this area is discussed and applied to clinical negligence cases that could arise from practice that is beyond the scope of professionals within their field and appropriate conclusions are drawn.

  3. Legal Issues of A Surrogacy Contract Based on Iranian Acts

    Directory of Open Access Journals (Sweden)

    Amir Pirouz

    2011-06-01

    Full Text Available Assistive technologies have always opened new horizons in human's life, posed solutions to problemsand brought relief and prosperity for human beings. Iranian judicial authorities have recently recognizedthe importance of medical technologies. Accordingly, Iranian legal system has recognized surrogacy anda surrogacy contract seems unavoidable for surrogacy to be legally valid, socially acceptable andreligiously legitimate. As a legal defense of including a typical surrogacy contract in contract law, thisreview studies the four building blocks of a valid contract: the intention and consent of parties, theirlegal capacity, the subject of the contract and its legitimacy. Discussing related Iranian Acts concerningcontracts and responsibilities of parties, the authors of the present article deal with main commitmentsand responsibilities of the parties to a typical surrogacy contract: infertile couples, surrogate, fertilityclinic or medical institute, and surrogate's husband. The authors conclude that a surrogacy contract isaccepted based on article 10 of Iranian Civil Act 1928, pose some suggestions to be included in such acontract, and emphasize that a specific Act concerning surrogacy should be approved to cover rights andlegal needs of all parties to a surrogacy contract.

  4. An introduction to dento-legal issues and risks in orthodontics.

    Science.gov (United States)

    Ireland, A J; Willmot, D; Hunt, N P

    2015-02-16

    Orthodontic treatment is not without risk. This article aims to look at some of the dento-legal issues surrounding orthodontic treatment, the risks to both the clinician and the patient, and how some of these risks can be mitigated.

  5. [Legal issues of physician-assisted euthanasia part I--terminology and historical overview].

    Science.gov (United States)

    Laux, Johannes; Röbel, Andreas; Parzeller, Markus

    2012-01-01

    Under German criminal law, euthanasia assisted by the attending physician involves the risk of criminal prosecution. However, in the absence of clear legal provisions, the law concerning euthanasia has been primarily developed by court rulings and jurisprudential literature in the last 30 years. According to a traditional classification there are four categories of euthanasia: help in the dying process, direct active euthanasia, indirect active euthanasia and passive euthanasia. However, there is still no generally accepted definition for the general term "euthanasia". The development of the law on the permissibility of euthanasia was strongly influenced by the conflict between the right of self-determination of every human being guaranteed by the Constitution and the constitutional mandate of the state to protect and maintain human life. The decisions of the German Federal Court of Justice on euthanasia in the criminal trials "Wittig" (1984), "Kempten" (1994) and "Putz" (2010) as well as the ruling of the 12th Division for Civil Matters of the Federal Court of Justice (2003) are of special importance. Some of these decisions were significantly influenced by the discussions in the jurisprudential literature. However, the German Bundestag became active for the first time as late as in 2009 when it adopted the 3rd Guardianship Amendment Act, which also contains provisions on the legal validity of a living will independent of the nature and stage of an illness. In spite of the new law, an analysis of the "Putz" case makes it especially clear that the criminal aspects of legal issues at the end of a person's life still remain controversial. It is to be expected that this issue will remain the subject of intensive discussion also in the next few years.

  6. Wahdah Islamiyyah Palu: on Contemporary Islamic Legal Issues In The Internet

    Directory of Open Access Journals (Sweden)

    Rusli Rusli

    2017-12-01

    Full Text Available This paper deals with one of the Islamic organizations in Palu, Wahdah Islamiyah (Islamic Unity, in terms of theological and contemporary Islamic legal issues. The source of analysis is the website that Wahdah Islamiyah runs online. The paper concludes that Wahdah Islamiyah is influenced by the relatively strict theology of Wahhābism in religiosity and morality. Therefore, in legal issues, Wahdah Islamiyah embraced and accommodated relatively conservative views with various issues in relation to theological issues and Islamic legal issues such as women’s, social, economic, and political issues. From these views, it can be argued that their aim is to preserve the identity by constructing the concepts of shirk and bidʻah and reinforcing the relatively rigid juristic tradition to become the citadel from the attacks of doctrine seeking to demolish the building of Salafism.

  7. Legal, regulatory & institutional issues facing distributed resources development

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1996-10-01

    This report describes legal, regulatory, and institutional considerations likely to shape the development and deployment of distributed resources. It is based on research co-sponsored by the National Renewable Energy Laboratory (NREL) and four investor-owned utilities (Central & South West Services, Cinergy Corp., Florida Power Corporation, and San Diego Gas & Electric Company). The research was performed between August 1995 and March 1996 by a team of four consulting firms experienced in energy and utility law, regulation, and economics. It is the survey phase of a project known as the Distributed Resources Institutional Analysis Project.

  8. Legal and Organizational Issues in Collaborative User-Created Content

    OpenAIRE

    Sarvas, Risto

    2005-01-01

    Introduction In this paper we look into issues that arise when people collaboratively create digital content and want to publicly distribute it. We identify and analyze the issues based on four case studies on amateur content production. In our analysis we discuss the issues both from the amateurs’ point of view, and also, from the game brand owners’ perspective. User-created content (UCC) in games has become popular as demonstrated by game-related skins, mods and extensions, screenshots, gam...

  9. Legal issues in amending nuclear rules and regulations

    International Nuclear Information System (INIS)

    Ossenbuehl, F.

    2006-01-01

    Nuclear rules and regulations are composed of a multitude of provisions, benchmarks, etc. of different origins and different levels of legal quality. The Safety Criteria and Guidelines for Nuclear Power Plants published in the 'Bundesanzeiger' (Federal Gazette) by the competent federal ministry after consultation of the competent highest state authorities are of particular importance. The Safety Criteria were adopted by the States Committee for Atomic Energy on October 12, 1977 and published in the 'Bundesanzeiger'. The Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU) intends to revise and amend the contents of the safety criteria and guidelines applying to nuclear power plants. The question underlying this article is this: In what legal way can such an 'amendment' be achieved in a permissible fashion? This leaves out of consideration the question of the contents and applicability of amended provisions, such as the question to what extent amended regulations can also be applied to the nuclear power plants already licensed and in operation, or whether the concept of finality and the constitutional ban on retroactive effect or other constitutional or paramount rules contain restrictions on the contents of such regulations. Solely the question of a permissible amending procedure is under study. (orig.)

  10. Awareness of medico-legal issues among medical and dental college health professionals

    Directory of Open Access Journals (Sweden)

    S Senthilkumar

    2013-01-01

    Full Text Available Introduction: The changing doctor-patient relationship and commercialization of modem medical practice has affected the practice of medicine. The fundamental values of medicine insist that the doctors should be aware about the various medico-legal issues which help in proper recording of medical management details. Aim: To evaluate the knowledge on Medico-legal Issues among Medical and Dental College Health Professionals of Meenakshi University (MAHER, Tamilnadu. Materials & Method: A cross-sectional survey was conducted among health professionals of Meenakshi University (MAHER, Tamilnadu. A total o f320 health professionals (163 medical and 157 dental participated in the study. A structured, closed ended, self-administered questionnaire was used for collection of data. Chi-square test was used to compare the awareness of medico-legal issues between medical and dental health professionals. Results: Among the 320 health professionals, 87.4% of medical and 76.1% of dental professionals were aware about the informed consent, 18.8% of medical and 5.7% of dental professionals had awareness about COPRA and only 14.3% of medical and 7.6% of dental professionals had awareness regarding the Medico-legal programs/courses. Conclusions: The results illustrated that the participants had little awareness on medico-legal issues. Hence there is an urgent need to update the understanding of these issues to be on a legally safer side.

  11. Noninvasive Prenatal Genetic Testing: Current and Emerging Ethical, Legal, and Social Issues.

    Science.gov (United States)

    Minear, Mollie A; Alessi, Stephanie; Allyse, Megan; Michie, Marsha; Chandrasekharan, Subhashini

    2015-01-01

    Noninvasive prenatal genetic testing (NIPT) for chromosomal aneuploidy involving the analysis of cell-free fetal DNA became commercially available in 2011. The low false-positive rate of NIPT, which reduces unnecessary prenatal invasive diagnostic procedures, has led to broad clinician and patient adoption. We discuss the ethical, legal, and social issues raised by rapid and global dissemination of NIPT. The number of women using NIPT is anticipated to expand, and the number of conditions being tested for will continue to increase as well, raising concerns about the routinization of testing and negative impacts on informed decision making. Ensuring that accurate and balanced information is available to all pregnant women and that access to NIPT is equitable will require policy guidance from regulators, professional societies, and payers. Empirical evidence about stakeholders' perspectives and experiences will continue to be essential in guiding policy development so that advances in NIPT can be used effectively and appropriately to improve prenatal care.

  12. Applications of neuroscience in criminal law: legal and methodological issues.

    Science.gov (United States)

    Meixner, John B

    2015-01-01

    The use of neuroscience in criminal law applications is an increasingly discussed topic among legal and psychological scholars. Over the past 5 years, several prominent federal criminal cases have referenced neuroscience studies and made admissibility determinations regarding neuroscience evidence. Despite this growth, the field is exceptionally young, and no one knows for sure how significant of a contribution neuroscience will make to criminal law. This article focuses on three major subfields: (1) neuroscience-based credibility assessment, which seeks to detect lies or knowledge associated with a crime; (2) application of neuroscience to aid in assessments of brain capacity for culpability, especially among adolescents; and (3) neuroscience-based prediction of future recidivism. The article briefly reviews these fields as applied to criminal law and makes recommendations for future research, calling for the increased use of individual-level data and increased realism in laboratory studies.

  13. The use of propofol by gastroenterologists: medico-legal issues.

    Science.gov (United States)

    Axon, Andrew E

    2010-01-01

    The increasing use of non-anesthesiologist-administered propofol for sedation during gastrointestinal endoscopy has both clinical and legal consequences. As medical practices develop, the law of clinical negligence will be applied in the context of such developments. While the law will recognize the desirability of advanced techniques and methods, in circumstances where an injury or adverse outcome occurs, the facts of a particular case will be scrutinized to determine whether or not the duty of care between patient and clinician has been breached. This paper considers a number of specific matters likely to arise in the context of a clinical negligence/malpractice claim resulting from the use of non-anesthesiologist-administered propofol, in particular the role and standard of care expected of gastroenterologist and/or anesthetic provider, the relevance of FDA labeling, the implementation and use of protocols, the importance of patient selection and informed consent. Copyright 2010 S. Karger AG, Basel.

  14. Schools of Education: Legal and Political Issues of Accreditation

    Science.gov (United States)

    Koff, Robert H.; Florio, David H.

    1977-01-01

    A policy-making forum created to examine substantive issues related to the formulation of a national accreditation policy for schools of education will help sort out and accommodate differences in ideological positions. (Author)

  15. WOC practice in cyberspace: legal and ethical issues.

    Science.gov (United States)

    Hoyman, K

    2001-07-01

    WOC nurses have the opportunity to extend their practice geographically by using electronic media, also called telehealth or "practicing in cyberspace." Currently, laws and regulations affecting this aspect of practice are in rapid flux. In addition, practicing electronically makes the ethical issues of choice, privacy, and confidentiality more acute. This article describes the current status of relevant legislation, discusses relevant ethical issues, and provides guidelines for WOC nurses who are considering the use of e-mail and video conferencing within their practice.

  16. [The phenomenon of alcoholism in Poland as a legal issue].

    Science.gov (United States)

    Jagielska-Burduk, Alicja; Jagielska, Iwona; Janicki, Radosław; Grabiec, Marek

    2012-01-01

    Alcoholism is a problem of a social value. About 140 million people worldwide suffer from alcoholism. Research has demonstrated adverse effects of alcohol. In the scientific project were confirmed: increased risk of cancer, liver disease, abnormal course of pregnancy and development of fetus. Among alcoholics are frequent phenomena of criminal behavior, accidents and trauma. The Polish Constitution granted the right to health citizens. The consequence of the above mentioned constitutional guarantee is the duty of the state that consists in caring for the functioning of a society free from addictions and alcohol problems. The basic legal act in this field is the Act on Upbringing in Sobriety and Counteracting Alcoholism. The state policy in the fight against alcoholism is implemented at various levels of both government and local government. The established National Agency for Solving Alcohol Problems drafts a National Programme for Prevention and Solving Alcohol Problems every year. Also important are public awareness campaigns conducted to raise awareness about the negative effects of alcohol.

  17. A Coast Guard Commander's Quick Reference Manual for Legal Issues

    National Research Council Canada - National Science Library

    1997-01-01

    ...). ̂ Following an alcohol incident, review the member's security clearance lAW COMDTlNST M5510.16. ̂ Review the status of members involved in alcohol abuse incidents and take appropriate disciplinary, remedial, educational and I or...

  18. Ethical Issues of Reproductive Technologies: Legal and Ethical.

    Science.gov (United States)

    Kammler, Kim

    Ethical issues which surround the reproductive technologies being used to assist infertile couples include social impact, surrogacy, access to service and confidentiality. The use of reproductive technologies does not appear to cause harm, and often does a lot of good for the family and society. Surrogacy could be a valuable tool for the infertile…

  19. Legal Issues in Educational Management in Nigeria | Fayokun ...

    African Journals Online (AJOL)

    The interaction of issues of law and schooling are becoming more pronounced by the day as our society continues to witness significant and rapid socio-political and economic changes. In an age that is globally infused with the concern for individual rights, there is of recent an emergence of local court cases as a ...

  20. Evaluation of legal aspects of activities involving radiations: proposal for a new legislation

    International Nuclear Information System (INIS)

    Borges, Jose C.

    1997-01-01

    The present brazilian legislation status concerning activities in which occurs or may occur any exposure to ionizing radiations, involves several incoherencies and privileges, as a consequence of legal rights generated from labor principles which have no social or scientific base. In this study, several legal labor topics are analysed and a new doctrine context is proposed, based mainly on a equal treatment for all insalubrious and dangerous activities done by workers of both private and public sectors (author). 8 refs

  1. Current issues in medically assisted reproduction and genetics in Europe: research, clinical practice, ethics, legal issues and policy

    Science.gov (United States)

    Harper, Joyce C; Geraedts, Joep; Borry, Pascal; Cornel, Martina C; Dondorp, Wybo; Gianaroli, Luca; Harton, Gary; Milachich, Tanya; Kääriäinen, Helena; Liebaers, Inge; Morris, Michael; Sequeiros, Jorge; Sermon, Karen; Shenfield, Françoise; Skirton, Heather; Soini, Sirpa; Spits, Claudia; Veiga, Anna; Vermeesch, Joris Robert; Viville, Stéphane; de Wert, Guido; Macek, Milan

    2013-01-01

    In March 2005, a group of experts from the European Society of Human Genetics and European Society of Human Reproduction and Embryology met to discuss the interface between genetics and assisted reproductive technology (ART), and published an extended background paper, recommendations and two Editorials. Seven years later, in March 2012, a follow-up interdisciplinary workshop was held, involving representatives of both professional societies, including experts from the European Union Eurogentest2 Coordination Action Project. The main goal of this meeting was to discuss developments at the interface between clinical genetics and ARTs. As more genetic causes of reproductive failure are now recognised and an increasing number of patients undergo testing of their genome before conception, either in regular health care or in the context of direct-to-consumer testing, the need for genetic counselling and preimplantation genetic diagnosis (PGD) may increase. Preimplantation genetic screening (PGS) thus far does not have evidence from randomised clinical trials to substantiate that the technique is both effective and efficient. Whole-genome sequencing may create greater challenges both in the technological and interpretational domains, and requires further reflection about the ethics of genetic testing in ART and PGD/PGS. Diagnostic laboratories should be reporting their results according to internationally accepted accreditation standards (International Standards Organisation – ISO 15189). Further studies are needed in order to address issues related to the impact of ART on epigenetic reprogramming of the early embryo. The legal landscape regarding assisted reproduction is evolving but still remains very heterogeneous and often contradictory. The lack of legal harmonisation and uneven access to infertility treatment and PGD/PGS fosters considerable cross-border reproductive care in Europe and beyond. The aim of this paper is to complement previous publications and

  2. [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.

  3. Cruise Crimes: Economic-Legal Issues and Current Debates

    OpenAIRE

    Thomas R Panko; Babu P George; Tony L Henthorne

    2009-01-01

    Cruise tourism is one of the sunshine sectors of international tourism and is growing rapidly in many parts of the world. It is estimated that the growth rate of cruise tourism is twice the rate of tourism overall. Notwithstanding all the positives that accompany this growth, many critics have drawn attention to the “dark side” of cruise crimes. The eco-system aboard the cruise ship offers a fertile ground for the occurrence of crimes. The present paper examines the issue of crimes onboard fr...

  4. Legal aspects of biobanking as key issues for personalized medicine & translational exploitation

    DEFF Research Database (Denmark)

    Minssen, Timo; Schovsbo, Jens Hemmingsen

    2014-01-01

    the legal framework for biobanking and in particular for the challenges posed by PM. We conclude that any decisions as to the design of the regulatory environment should follow a process that takes account of the values, hopes and concerns of all stakeholders involved. In particular, we stress...... how the legal and ethical challenges might be dealt with analytically and in a practical way that reflects the concerns and interest of stakeholders in biobanking and results in a transparent, legally and ethically robust system. In our closing remarks we make recommendations on how to improve...

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

    Science.gov (United States)

    Nemie, Puteri; Kassim, Jahn

    2009-08-01

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

  6. Experiencing abortion rights in India through issues of autonomy and legality: A few controversies.

    Science.gov (United States)

    Patel, Tulsi

    2018-06-01

    Abortion laws in India, like other laws, are premised on the 1861 British Penal Code. The Medical Termination of Pregnancy Act was passed in 1971 to circumvent the criminality clause around abortion. Yet the law continues to render invisible women's right to choose. Legal procedures have often hindered in permitting abortion, resulting in the death of a mother or the foetus. Despite the latest techno-medical advances, the laws have remained stagnant or rather restrictive, complicated further by selective female foetus abortions. Legal resistance to abortion-seeking after 20 weeks gestation adversely affects women, depriving them of autonomy of choice. In this paper, raising important gender, health and ethical issues are illustrated through a recent legal case in India. Feminist campaigns against the legal mindset in India are emerging.

  7. The US Opioid Crisis: Current Federal and State Legal Issues.

    Science.gov (United States)

    Soelberg, Cobin D; Brown, Raeford E; Du Vivier, Derick; Meyer, John E; Ramachandran, Banu K

    2017-11-01

    The United States is in the midst of a devastating opioid misuse epidemic leading to over 33,000 deaths per year from both prescription and illegal opioids. Roughly half of these deaths are attributable to prescription opioids. Federal and state governments have only recently begun to grasp the magnitude of this public health crisis. In 2016, the Centers for Disease Control and Prevention released their Guidelines for Prescribing Opioids for Chronic Pain. While not comprehensive in scope, these guidelines attempt to control and regulate opioid prescribing. Other federal agencies involved with the federal regulatory effort include the Food and Drug Administration (FDA), the Drug Enforcement Agency (DEA), and the Department of Justice. Each federal agency has a unique role in helping to stem the burgeoning opioid misuse epidemic. The DEA, working with the Department of Justice, has enforcement power to prosecute pill mills and physicians for illegal prescribing. The DEA could also implement use of prescription drug monitoring programs (PDMPs), currently administered at the state level, and use of electronic prescribing for schedule II and III medications. The FDA has authority to approve new and safer formulations of immediate- and long-acting opioid medications. More importantly, the FDA can also ask pharmaceutical companies to cease manufacturing a drug. Additionally, state agencies play a critical role in reducing overdose deaths, protecting the public safety, and promoting the medically appropriate treatment of pain. One of the states' primary roles is the regulation of practice of medicine and the insurance industry within their borders. Utilizing this authority, states can both educate physicians about the dangers of opioids and make physician licensure dependent on registering and using PDMPs when prescribing controlled substances. Almost every state has implemented a PDMP to some degree; however, in addition to mandating their use, increased interstate

  8. Ethical Issues and Legal Constraints to the Freedom of Information Act

    African Journals Online (AJOL)

    Unfortunately, there are legal constraints that can hinder the smooth operation of the act. Such constraints need to be dismantled immediately. Besides, there is a great need to address various ethical issue that may equally arise among media practitioners in the course of operating within the limits of the law, posing great ...

  9. Implementing CDM projects. A guidebook to host country legal issues; CDM - Clean Development Mechanism

    Energy Technology Data Exchange (ETDEWEB)

    Curnow, P [Baker and McKenzie, London (United Kingdom); Hodes, G [UNEP Risoe Centre on Energy, Climate and Sustainable Development, DTU, Roskilde (Denmark)

    2009-08-15

    The Clean Development Mechanism (CDM) continues to evolve organically, and many legal issues remain to be addressed in order to maximise its effectiveness. This Guidebook explains through case studies how domestic laws and regulatory frameworks in CDM Host Countries interact with international rules on carbon trading, and how the former can be enhanced to facilitate the implementation and financing of CDM projects. (author)

  10. Future issues in transplantation ethics: ethical and legal controversies in xenotransplantation, stem cell, and cloning research.

    Science.gov (United States)

    Shapiro, Robyn S

    2008-07-01

    With little prospect of developing a sufficient supply of human transplantable organs to meet the large and growing demand, attention has turned to xenotransplantation, as well as stem cell and cloning research, as possible approaches for alleviating this allograft shortage. This article explores ethical and legal issues that surround developments in these fields.

  11. Gender-Based Pay Disparities in Intercollegiate Coaching: The Legal Issues.

    Science.gov (United States)

    Gaal, John; Glazier, Michael S.; Evans, Thomas S.

    2002-01-01

    Explores the legal issues surrounding pay disparities between men and women in intercollegiate coaching, including how courts have treated disparate wage claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, and Title IX, and the defenses used by institutions. Offers suggestions for defending claims and a detailed review of…

  12. Development of the Ethical and Legal Issues in Counseling Self-Efficacy Scale

    Science.gov (United States)

    Mullen, Patrick R.; Lambie, Glenn W.; Conley, Abigail H.

    2014-01-01

    The authors present the development of the Ethical and Legal Issues in Counseling Self-Efficacy Scale (ELICSES). The purpose of this article is threefold: (a) present a rationale for the ELICSES, (b) review statistical analysis procedures used to develop the ELICSES, and (c) offer implications for future research and counselor education.

  13. Long-Term Autobiographical Memory for Legal Involvement: Individual and Sociocontextual Predictors

    Science.gov (United States)

    Quas, Jodi A.; Alexander, Kristen Weede; Goodman, Gail S.; Ghetti, Simona; Edelstein, Robin S.; Redlich, Allison

    2010-01-01

    We examined adults' long-term autobiographical memory for a dramatic life event-participating as a child victim in a criminal prosecution because of alleged sexual abuse. The study is unique in several ways, including that we had extensive documentation concerning the sexual abuse allegations, the children's involvement in their legal case, and…

  14. 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

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

    Science.gov (United States)

    Robertson, I A

    2010-06-01

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

  16. The Reach of the Arbitration Agreement to Parties involved in the Same Legal Relationship

    Directory of Open Access Journals (Sweden)

    Felipe Vollbrecht Sperandio

    2012-07-01

    Full Text Available Complex legal relationships may involve a net of companies, linked to each other by several autonomous contracts, performing works and services towards a single project. If disputes arise, resolving each of them independently may result in incompatible decisions, situation which could hinder the project outcome. Therefore, it might be recommended to resolve these disputes into multi-party proceedings or multiple proceedings before the same arbitral tribunal. In order to achieve the purpose, the proper legal instruments shall be identified and, based on these; a contractual framework has to be tailored.

  17. Current issues in medically assisted reproduction and genetics in Europe: research, clinical practice, ethics, legal issues and policy.

    Science.gov (United States)

    Harper, Joyce; Geraedts, Joep; Borry, Pascal; Cornel, Martina C; Dondorp, Wybo J; Gianaroli, Luca; Harton, Gary; Milachich, Tanya; Kääriäinen, Helena; Liebaers, Inge; Morris, Michael; Sequeiros, Jorge; Sermon, Karen; Shenfield, Françoise; Skirton, Heather; Soini, Sirpa; Spits, Claudia; Veiga, Anna; Vermeesch, Joris Robert; Viville, Stéphane; de Wert, Guido; Macek, Milan

    2014-08-01

    How has the interface between genetics and assisted reproduction technology (ART) evolved since 2005? The interface between ART and genetics has become more entwined as we increase our understanding about the genetics of infertility and we are able to perform more comprehensive genetic testing. In March 2005, a group of experts from the European Society of Human Genetics and European Society of Human Reproduction and Embryology met to discuss the interface between genetics and ART and published an extended background paper, recommendations and two Editorials. An interdisciplinary workshop was held, involving representatives of both professional societies and experts from the European Union Eurogentest2 Coordination Action Project. In March 2012, a group of experts from the European Society of Human Genetics, the European Society of Human Reproduction and Embryology and the EuroGentest2 Coordination Action Project met to discuss developments at the interface between clinical genetics and ART. As more genetic causes of reproductive failure are now recognized and an increasing number of patients undergo testing of their genome prior to conception, either in regular health care or in the context of direct-to-consumer testing, the need for genetic counselling and PGD may increase. Preimplantation genetic screening (PGS) thus far does not have evidence from RCTs to substantiate that the technique is both effective and efficient. Whole genome sequencing may create greater challenges both in the technological and interpretational domains, and requires further reflection about the ethics of genetic testing in ART and PGD/PGS. Diagnostic laboratories should be reporting their results according to internationally accepted accreditation standards (ISO 15189). Further studies are needed in order to address issues related to the impact of ART on epigenetic reprogramming of the early embryo. The legal landscape regarding assisted reproduction is evolving, but still remains very

  18. Issues involved in translating technical texts from English into ...

    African Journals Online (AJOL)

    Issues involved in translating technical texts from English into Northern Sotho. ... some of the problems encountered by the translator, such as the lack of equivalent technical terms in the target language. ... AJOL African Journals Online.

  19. Comparison between legal regulations on radiation protection issued by two governmental bodies

    International Nuclear Information System (INIS)

    Jonchev, L.

    1996-01-01

    Legal problems evolving from the equivalence of the rights and obligations of two Bulgarian governmental regulatory bodies: the Ministry of Health and the Committee on the Use of Atomic Energy for Peaceful Purposes (CUAEPP) are discussed. The adequate texts in the legal regulations showing some contradictory and conflicting topics are considered. Special attention is paid to the issues of licensing and regulatory responsibilities of both organizations as well as liquidation of accident consequences. Some proposals for elimination of the discrepancies in those documents are given. 8 refs. (author)

  20. Ethical and legal issues in caring for asylum seekers and refugees in the UK.

    Science.gov (United States)

    Hamill, M; McDonald, L; Brook, G; Murphy, S

    2004-11-01

    Inward migration to the UK remains topical and controversial as numbers continue to increase. Many immigrants have specific health care needs and may shoulder a large burden of infectious disease. Imposition of legal constraints can have a huge impact on the medical care afforded to immigrants. Currently UK policy is to treat, free of charge and with NHS resources, those who fulfil specific criteria. However an increasing number are being asked to pay for their treatment. Many health care professionals are confused as to current legal restrictions and require guidance on the associated ethical issues. We concentrate on provision of care to HIV positive individuals and use cases to illustrate some of the issues. However these issues are equally pertinent to practitioners in all branches of medicine.

  1. Ethical, social, and legal issues surrounding studies of susceptible populations and individuals.

    Science.gov (United States)

    Soskolne, C L

    1997-01-01

    Calls for professional accountability have resulted in the development of ethics guidelines by numerous specialty and subspecialty groups of scientists. Indeed, guidelines among some health professions now address vulnerable and dependent groups: but these are silent on issues related to biomarkers. In parallel, attention has been drawn to human rights concerns associated with attempts to detect hypersusceptible workers, especially in democratic countries. Despite this, concern for vulnerable populations grows as advances in biomarker technology make the identification of genetic predisposition and susceptibility markers of both exposure and outcome more attainable. In this article, the principles derived from the ethical theory of utilitarianism provide the basis for principle-based ethical analysis. In addition, the four principles of biomedical ethics--respect for autonomy, beneficence, nonmaleficence, and social justice--are considered for biomarker studies. The need for a context in which ethical analysis is conducted and from which prevailing social values are shown to drive decisions of an ethical nature is emphasized; these include statutory regulation and law. Because biomarker studies can result in more harm than good, special precautions to inform research participants prior to any involvement in the use of biomarkers are needed. In addition, safeguards to maintain the privacy of data derived from biomarker studies must be developed and implemented prior to the application of these new technologies. Guidelines must be expanded to incorporate ethical, social, and legal considerations surrounding the introduction of new technologies for studying susceptible populations and individuals who may be vulnerable to environmental exposures. PMID:9255569

  2. SELECTED RENEWABLE ENERGY LEGAL ISSUES IN THE CONTEXT OF LOGISTICS MANAGEMENT

    Directory of Open Access Journals (Sweden)

    Aneta Suchoń

    2015-06-01

    Full Text Available The purpose of the paper is, fi rstly, to present renewable energy sources in Poland compared with other EU countries and, secondly, to evaluate legal regulations relating to the implementation of renewable energy projects and to operation in the context of logistics management. The article also presents the defi nition and statistical data on renewable energy. Then, it focuses on legal aspects of the building process of wind farms and biogas plants. It also points out the process of organising the project, including ensuring a legal title to lands and obtaining, apart from the building permit, some other decisions. Next, the paper raises selected issues of fi nancing the projects and of a contract engineer. Finally, it refers to the stage of operating the biogas plants and to the obligations relating to the agricultural biogas.

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

    Science.gov (United States)

    Hustoles, Carol L. J.

    2012-01-01

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

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

    Science.gov (United States)

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

    2018-04-01

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

  5. Students' Involvement in Faculty Research: Ethical and Methodological Issues

    Directory of Open Access Journals (Sweden)

    Linda M. Ferguson

    2004-12-01

    Full Text Available Faculty who engage students as participants in their qualitative research often encounter methodological and ethical problems. Ethical issues arise from the fiduciary relationship between faculty and their students, and violations of that relationship occur when the educator has a dual role as researcher with those students. Methodological issues arise from research designs to address these ethical issues. This conflict is particularly evident in faculty research on pedagogy in their own disciplines, for which students are necessary as participants but are captive in the relationship. In this article, the authors explore the issues of double agency when faculty involve students as participants in their research.

  6. [The awareness of pediatricians about ethical legal issues of medical care provision].

    Science.gov (United States)

    Polunina, N V; Shmelev, I A; Konovalov, O A

    2016-01-01

    The implementation of rights of under-age patients in medical institutions in many ways depends on level of awareness of pediatricians about availability and mechanisms of legal guarantees provided to them by law and hence depends quality of medical care of children population. The study was carried out to analyze opinions of pediatricians about issues of implementation of rights of patients. The results are presented concerning sociological survey of 261 pediatricians of the Samarskaia oblast. The study established inadequate awareness of respondents about ethical legal issues of medicine and rate of application of knowledge about legal acts in practical activity. The awareness was higher among pediatricians of younger age with duration of professional work lesser than 10 years. This phenomenon is explained by inclusion of courses of biomedical ethics and medical law in educational programs of medical educational institutions during last decade. The direct dependence is established between awareness of pediatricians about issues of bioethics and the level of their qualification. The most of the respondents consider that the have sufficient level of knowledge about rights of children-patients and their parents related to reservation of medical secrecy, consent or refuse of parents to medical intervention and receiving full information about child's health. The overwhelming majority of pediatricians, independently of professional category and duration of service, provided this right implementing modern informational and collegiate model of interaction with parents of ill child and informed that always obtained their consent about medical care. However, such rights of children were limited by framework of child's health and ability for apprehending information about one's health and prospective medical intervention. All respondents participated in survey insisted that they never disclosed medical secrecy. The development of legal literacy of pediatricians by

  7. Traumatic spinal cord injuries – epidemiologic and medico-legal issues

    OpenAIRE

    Hanganu Bianca; Velnic Andreea Alexandra; Petre-Ciudin Valentin; Manoilescu Irina; Ioan Beatrice Gabriela

    2017-01-01

    Spinal cord injuries represent a special category of injuries in traumatic pathology, with high morbidity and mortality, which justify their analysis with the aim to identify useful aspects in order to prevent and treat them. We therefore performed a retrospective study on 426 cases in order to analyze epidemiology and medico-legal issues related to spinal cord injuries. The studied items regarded socio-demographic aspects (gender, age, home region), type of lesions (vertebral, spinal cord, a...

  8. German law on circumcision and its debate: how an ethical and legal issue turned political.

    Science.gov (United States)

    Aurenque, Diana; Wiesing, Urban

    2015-03-01

    The article aims to illuminate the recent debate in Germany about the legitimacy of circumcision for religious reasons. The aim is both to evaluate the new German law allowing religious circumcision, and to outline the resulting conflict between the surrounding ethical and legal issues. We first elucidate the diversity of legal and medical views on religious circumcision in Germany. Next we examine to what extent invasive and irreversible physical interventions on infant boys unable to given their consent should be carried out for non-medical reasons. To this end, the potential benefits and harms of circumcision for non-medical reasons are compared. We argue that circumcision does not provide any benefits for the 'child as a child' and poses only risks to boys. We then set out to clarify and analyse political (rather than ethical) justifications of the new circumcision law. We demonstrate through this analysis how the circumcision debate in Germany has been transformed from a legal and ethical problem into a political issue, due at least in part to Germany's unique historical context. Although such a particular political sensibility is entirely comprehensible, it raises particular problems when it comes to framing and responding to medical ethical issues - as in the case of religious circumcision. © 2013 John Wiley & Sons Ltd.

  9. LEGAL

    African Journals Online (AJOL)

    Manufacturers' Association (PMA) and most of its members took government to court. ... Since 2 May 2004, it has been unlawful to supply medicines. 'according ... This article focuses on some of the key issues that are of ... chain for some time.

  10. Ethical issues in research involving children and young people

    International Nuclear Information System (INIS)

    Scally, Andy

    2014-01-01

    This article identifies the key ethical issues that need to be addressed in any research study involving children and young people, accessed through the NHS. It makes specific reference to the Declaration of Helsinki and to additional guidance developed for researchers from a variety of disciplines, both within healthcare and in other fields of study. The focus of the paper is on defining the key ethical issues, identifying the complexities in the legislative framework underpinning research involving this patient group and offering practical advice on when, and how, ethical approval needs to be sought

  11. Legal and Policy Issues for LGBT Patients with Cancer or at Elevated Risk of Cancer.

    Science.gov (United States)

    Cahill, Sean R

    2018-02-01

    To understand the major legal and policy issues for lesbian, gay, bisexual and transgender (LGBT) cancer patients. LGBT health policy research. Major policy issues include discrimination, lack of cultural competency and clinically appropriate care, insurance coverage, family recognition, and sexual orientation and gender identity data collection. Nurses play a major role in providing affirming and competent care to LGBT cancer patients. Using correct names and pronouns with transgender patients, and collecting sexual orientation and gender identity data can send an affirming message to LGBT patients, as well as inform decision support and preventive screenings, and improve treatment outcomes. Copyright © 2017 Elsevier Inc. All rights reserved.

  12. 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.

  13. Public Relations Manager Involvement in Strategic Issue Diagnosis.

    Science.gov (United States)

    Lauzen, Martha M.

    1995-01-01

    Reports on an exploratory study that seeks to build theoretical understanding of how public relations practitioner involvement in one type of strategic organizational decision making--strategic issue diagnosis--is related to shared values with top management, diagnosis accuracy, strategy pursued, and the power of the public relations function. (TB)

  14. Informed consent in experimentation involving mentally impaired persons: ethical issues

    Directory of Open Access Journals (Sweden)

    Carlo Petrini

    2010-12-01

    Full Text Available The problem of experimentation involving subjects whose mental condition prevents them from understanding information and providing proper informed consent has been addressed in various codes, declarations, conventions, treaties and regulations adopted by national, international and supranational institutions and authorities. This article summarizes the basic ethical criteria these documents provide and stresses the historical development from the nearly total exclusion of incapacitated subjects, established in the mid-twentieth century, to their contemporary inclusion in clinical trials on certain ethical conditions. The problem of proxy consent by legal representatives for participation in clinical trials is addressed particularly in reference to current Italian regulations. Exceptions to human experimentation requirements in emergency situations are also briefly discussed.

  15. Legal issues in E-commerce and E-contract in Albania

    Directory of Open Access Journals (Sweden)

    Uarda Roshi

    2016-11-01

    Full Text Available Electronic commerce has become a key aspect for many businesses all around the world. This new form of commerce has reshaped the ways of trading, revolutionizing the way of doing business and has brought competitive advantages for both consumer and business. Over the last few years Albania is witnessing a digital revolution too, however although internet access has grown significantly only a few enterprises and a small number of companies have engaged in e-commerce activities. The development of e-commerce is an important element of national economy. Being a new important sector, e-commerce can only flourish where there is a good infrastructure, both legal and technological, which is attractive to consumers and business. So the need for rules and principles facilitating e-commerce has become increasingly evident, too. This paper attempts to provide an overview of the regulatory framework, legal issues and the challenges in the development of electronic commerce in Albania.

  16. Participation of Public Benefit Organizations in Income Tax – Financial and Legal Issues

    Directory of Open Access Journals (Sweden)

    Robert Musiałkiewicz

    2014-03-01

    Full Text Available The purpose of the article is a legal analysis of the participation of public benefit organizations in personal income tax. The author defines public benefit organizations, indicating the conditions that they need to meet in order to be able to participate in the personal income tax. Broad considerations relate to the analysis of the legal structure of the 1% tax deduction, its scope and the procedures for transfer of funds from the State budget to eligible entities. The article also presents the scale of the issues against the background of the practical functioning of the public finances. The article summarizes the reflection on the rationality and the essence of the transfer of public funds to public benefit organizations.

  17. Ethical, legal and practical issues of establishing an adipose stem cell bank for research.

    Science.gov (United States)

    West, C C; Murray, I R; González, Z N; Hindle, P; Hay, D C; Stewart, K J; Péault, B

    2014-06-01

    Access to human tissue is critical to medical research, however the laws and regulations surrounding gaining ethical and legal access to tissue are often poorly understood. Recently, there has been a huge increase in the interest surrounding the therapeutic application of adipose tissue, and adipose-derived stem cells. To facilitate our own research interests and possibly assist our local colleagues and collaborators, we established a Research Tissue Bank (RTB) to collect, store and distribute human adipose tissue derived cells with all the appropriate ethical approval for subsequent downstream research. Here we examine the legal, ethical and practical issues relating to the banking of adipose tissue for research in the UK, and discuss relevant international guidelines and policies. We also share our experiences of establishing an RTB including the necessary infrastructure and the submission of an application to a Research Ethics Committee (REC). Copyright © 2014 British Association of Plastic, Reconstructive and Aesthetic Surgeons. Published by Elsevier Ltd. All rights reserved.

  18. Introduction of low-osmolar contrast agents in radiology: medical, economic, legal, and public policy issues

    International Nuclear Information System (INIS)

    Jacobson, P.D.; Rosenquist, C.J.

    1988-01-01

    This case study of the public policy implications of introducing a new technology in radiology, namely, low-osmolar contrast media (LOCM), raises the issues of whether and how to place appropriate limits on new technologies. Although these contrast media represent small episodic costs, they may add up to an aggregate expenditure of nearly $1 billion per year if used for all contrast injections. As a result, this technology raises a number of important medical, economic, legal, and public policy questions. The cost-effectiveness analysis and an analysis of the medical evidence suggest that LOCM should be limited to high-risk patients. The authors discuss in this article how the legal system might respond to such limitations, and they consider various public policy options for adopting restrictions on use. They conclude that the medical profession should take the lead in developing protocols for appropriate assessment, reimbursement, and use of LOCM

  19. Ethical, Legal and Social Issues in Japan on the Determination of Blood Relationship via DNA Testing.

    Science.gov (United States)

    Toya, Waki

    2017-01-01

    DNA paternity testing has recently become more widely available in Japan. The aim of this paper is to examine the issues surrounding (1) the implementing agency, whether the testing is conducted in a commercial direct-to-consumer (DTC) setting or a judicial non-DTC setting, and (2) the implementation conditions and more specifically the legal capacity of the proband (test subject). Literature research in Japanese and English was conducted. Some countries prohibit commercial DNA testing without the consent of the proband or her or his legally authorized representative. But as in some cases, the results of DTC paternity testing have proven to be unreliable. I propose a complete prohibition of DTC DNA paternity testing in Japan. In many cases of paternity testing, the proband is a minor. This has led to debate about whether proxy consent is sufficient for paternity testing or whether additional safeguards (such as a court order) are required. In cases where commercial DNA testing has been conducted and the test results are produced in court as evidence, the court must judge whether or not to admit these results as evidence. Another important issue is whether or not paternity testing should be legally mandated in certain cases. If we come to the conclusion that DNA test results are the only way to conclusively establish a parent-child relationship, then our society may prioritize even more genetic relatedness over other conceptions of a parent-child relationship. This prioritization could adversely affect families created through assisted reproductive technology (ART), especially in situations where children are not aware of their biological parentage. This paper argues for a complete prohibition of DTC DNA paternity testing in Japan, and highlights that broader ethical and legal deliberation on such genetic services is required.

  20. Renewable energies. Ambivalences, governance, legal issues; Erneuerbare Energien. Ambivalenzen, Governance, Rechtsfragen

    Energy Technology Data Exchange (ETDEWEB)

    Ekardt, Felix; Hennig, Bettina; Unnerstall, Herwig (eds.)

    2012-07-01

    The present publication is dedicated to renewable energies. The move to a new energy and climate policy impinges on many central humanistic issues (including issues of a legal, economic, sociological, ethical and politological nature). How is it possible to resolve the ambivalences that are associated with the use of renewable energies and which draw our attention not only to renewable energies as such but also to issues of energy efficiency and sufficiency. What political and economic instruments are needed in order to accelerate the market entry of renewable energies and at the same time contain the ambivalences associated with them? And what questions of legal interpretation result from the application of such instruments in practice, be it in the context of subsidies under the Renewable Energy Law or the laws on the planning of building projects. And where lie the causes of the fact seen here that so many individuals in business, the political realm and the public at large are finding it hard to go with the transition to renewable energies?.

  1. The radioactive waste dilemma and the issues for local government: the legal framework

    International Nuclear Information System (INIS)

    Woolley, J.

    1991-01-01

    The regulatory framework applying to the development of a deep depository is explained and some uncertainties are highlighted. The framework's apparent distinction between the ''open'' planning process and the ''closed'' processes of authorisation under the Radioactive Substances Act 1960 and licensing under the Nuclear Installations Act 1965 is considered. The traditional potential for local authority and public involvement in the ''open'' process is contrasted with the traditional absence of such involvement in the ''closed'' process. Legal arguments supporting fuller involvement in the ''open'' process and greater involvement in the ''closed'' process are presented and existing powers are mentioned. The viability of the continued distinction between the ''open'' process and the ''closed'' process of the framework is questioned and the potentially far-reaching impact of the European Directives on environmental assessment and freedom of access to environmental information is discussed in this context. (author)

  2. Ethical, legal and social issues to consider when designing a surrogacy law.

    Science.gov (United States)

    Ekberg, Merryn Elizabeth

    2014-03-01

    The aim of this article is to address the ethical, legal and social issues that arise when a woman becomes pregnant and gives birth to a child with the intention of surrendering this child to another woman or couple. The secondary aim is to offer some recommendations that will be beneficial for the lawmakers, policymakers and regulators who design and enforce the rules and regulations that govern surrogacy arrangements. The article considers both commercial and altruistic surrogacy and highlights some of the similarities and differences between the two. Beginning with the initial question of whether surrogacy should be legal, the controversial questions raised relate to the time before conception, during the pregnancy and after the birth of the child. The article concludes that surrogacy arrangements are ethical and should be legal because they enable the medically and socially infertile, including singles and same-sex couples, the opportunity to become parents and to enjoy the lifelong pleasures of parenthood. For many, this will be the strongest argument for the legalisation of surrogacy and the greatest benefit to arise from surrogacy arrangements.

  3. 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.

  4. Ethical issues in Alzheimer's disease research involving human subjects.

    Science.gov (United States)

    Davis, Dena S

    2017-12-01

    As we aggressively pursue research to cure and prevent Alzheimer's disease, we encounter important ethical challenges. None of these challenges, if handled thoughtfully, would pose insurmountable barriers to research. But if they are ignored, they could slow the research process, alienate potential study subjects and do damage to research recruits and others. These challenges are (1) the necessity of very large cohorts of research subjects, recruited for lengthy studies, probably ending only in the subjects' death; (2) the creation of cohorts of 'study ready' volunteers, many of whom will be competent to consent at the beginning of the process, but move into cognitive impairment later; (3) reliance on adaptive trial design, creating challenges for informed consent, equipoise and justice; (4) the use of biomarkers and predictive tests that describe risk rather than certainty, and that can threaten participants' welfare if the information is obtained by insurance companies or long-term care providers; (5) the use of study partners that creates unique risks of harm to the relationship of subject and study partner. We need greater attention, at all levels, to these complex ethical issues. Work on these issues should be included in research plans, from the federal to the local, and should be supported through NIH in the same way that it supported work on the ethical, legal and social implications of genetic research. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2017. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

  5. Size matters: the ethical, legal, and social issues surrounding large-scale genetic biobank initiatives

    Directory of Open Access Journals (Sweden)

    Klaus Lindgaard Hoeyer

    2012-04-01

    Full Text Available During the past ten years the complex ethical, legal and social issues (ELSI typically surrounding large-scale genetic biobank research initiatives have been intensely debated in academic circles. In many ways genetic epidemiology has undergone a set of changes resembling what in physics has been called a transition into Big Science. This article outlines consequences of this transition and suggests that the change in scale implies challenges to the roles of scientists and public alike. An overview of key issues is presented, and it is argued that biobanks represent not just scientific endeavors with purely epistemic objectives, but also political projects with social implications. As such, they demand clever maneuvering among social interests to succeed.

  6. Guidelines for conducting bulletproof workplace investigations: Part II--searches, surveillance, and other legal issues.

    Science.gov (United States)

    Koen, Clifford M; Mitchell, Michael S

    2012-01-01

    A proper and thorough investigation can help avoid or successfully defend lawsuits. When conducting workplace investigations, employers must take care to conduct reasonable searches and not violate employees' rights to privacy. This article addresses privacy and other legal issues surrounding the use of various types of electronic surveillance including wiretapping, video/photography, and monitoring of e-mail. While conducting such searches, employers must be vigilant in their efforts to avoid liability for defamation and to properly document the investigation. Guidance is provided on these issues along with advice on the recommendation and/or remedial action that may result from the investigation and a checklist of additional considerations when conducting investigations resulting from harassment.

  7. International legal and political issues associated with the export/import of nuclear power plants

    International Nuclear Information System (INIS)

    Manning Muntzing, L.

    1978-01-01

    The benefits of nuclear power can be achieved by most nations only through international commerce that has been shaped by political considerations and implemented through legal instruments. The end product is a structure of legal agreements designed to implement the basic political and commercial decisions that are required for any nation to enter the nuclear power arena. The IAEA Statute, the Non-Proliferation Treaty and regional nuclear agreements have reflected the international political consensus concerning nuclear power. In recent years, however, events have occurred that in all probability will result in additional international arrangements. It is expected that the increase in terrorist activities will result in greater physical protection commitments, that concern for weapons proliferation will result in further definition of sanctions, and that such troublesome issues as double labelling of materials will be discussed by the international community. In areas such as bilateral agreements between nations, commercial arrangements and export licences, this is a period of rethinking, renegotiating, and readjusting. The result is a degree of uncertainty and lack of stability that could so jeopardize the potential for nuclear transfers that the nuclear energy option may not vest. While there always will be questions and issues, it is essential to settle some of the key problems without delay so that nuclear benefits can be realized. (author)

  8. Learning Lessons from the Past: Legal Issues Arising from Ireland's Child Abuse Reports

    Directory of Open Access Journals (Sweden)

    Ursula Kilkelly

    2012-01-01

    Full Text Available Inquiries have played an important role in telling the stories of children abused and neglected in Ireland in situations of family abuse, clerical abuse and institutional abuse. The inquiries – associated with the name of the chairperson (Ryan or by their geographical remit (Dublin, Ferns, Cloyne, Kilkenny and Roscommon – serve to vindicate the rights of the children affected and to identify the failure of the authorities to protect children from harm. They also make numerous recommendations as to how children’s treatment can be improved. Although each inquiry had varying terms of reference, scope and status, together they address a wide range of issues of both specific and general significance to the issue of child protection. Focus is clearly placed on how child protection practice can be improved but many of the inquiries also comment on the legal framework and make recommendations for the reform of various aspects of child protection law and policy. This paper argues that the legal implications of these inquiries can be reduced to three overarching issues: the legislative provision for the mandatory reporting of child abuse; the need for robust and effective inspection mechanisms to ensure the protection of children, and the issue of constitutional law reform. The analysis shows that these measures are neither straightforward nor a panacea to the intractable problem of providing effective protection to children from abuse. However, taken with the other recommendations identified in the child abuse reports, they represent the beginning of a lasting legacy for the victims of abuse so tragically failed by their families, by the state and by society at large.

  9. THE ISSUE OF CRYPTOCURRENCY LEGAL REGULATION IN UKRAINE AND ALL OVER THE WORLD: A COMPARATIVE ANALYSIS

    Directory of Open Access Journals (Sweden)

    Mykola Inshyn

    2018-01-01

    Full Text Available As soon as the usage of cryptocurrency in the last few years has been gaining popularity all over the world, and this global trend has affected Ukraine, the purpose of the paper is to examine the essence of cryptocurrency, to identify the issues of its legal regulation in Ukraine, as well as using the analysis of world experience in this sphere, to identify ways of the improvement for relevant domestic legislation. The authors have indicated that the cryptocurrency market (or “virtual” money operates successfully and provides an opportunity to analyse dynamics of the cost, supply, and demand of about 90-100 different cryptocurrency. Problem’s setting. The authors of the paper have emphasized that despite increasing popularity of cryptocurrency in Ukraine and throughout the world, there is no single clear definition of this concept. Therefore, the authors of this article state that cryptocurrency is a digital decentralized currency, a unit of which is a coin cryptographically protected against tampering since it is encrypted information that cannot be copied, while all information about transactions is stored in the blockchain system. Methodology. The study primarily uses comparative methods for the purposes of examination of the approaches taken under different jurisdictions towards cryptocurrency. Additionally, analysis of the body of theoretical literature on the matter was conducted. Results of the study allowed drawing several conclusions on the prospects of further development of the legal framework for cryptocurrencies in Ukraine since nowadays the country is neutral in the issue of using and regulating cryptocurrency and consequently it is losing precious time, because: first, potentially loses money, which could enter the state budget from individuals, who receive income from transactions on cryptocurrency markets; and secondly, the state runs a risk of citizens’ rights violation because of no real instruments for their

  10. Ethical, legal and social issues of genetic studies with African immigrants as research subjects.

    Science.gov (United States)

    Gong, Gordon; Kosoko-Lasaki, Sade; Haynatzki, Gleb; Cook, Cynthia; O'Brien, Richard L; Houtz, Lynne E

    2008-09-01

    There is growing interest in exploring gene-environment interactions in the etiology of diseases in immigrants from sub-Saharan Africa. Our experience working with the Sudanese immigrant population in Omaha, NE, makes clear the pressing need for geneticists and federal and local funding agencies to address the ethical, legal and social implications of genetic research with such vulnerable populations. Our work raises several questions. How does one design research with African immigrant participants to assure it is ethical? Many immigrants may not understand the purposes, risks and benefits involved in research because of low literacy rates, one of the results of civil wars, or concepts of biologic science foreign to their cultures. Is it possible to obtain truly informed consent? Do African immigrants perceive genetic research using them as subjects as racist? Is genetic research on minorities "biopiracy" or "bio-colonialism?" In our experience, some Sudanese immigrants have challenged the legality and ethics of genetic studies with profit-making as an end. We have concluded that it is essential to educate African immigrant or any other non-English-speaking immigrant participants in research using lay language and graphic illustrations before obtaining consent. Cultural proficiency is important in gaining the trust of African immigrants; profit-sharing may encourage their participation in genetic research to benefit all; involvement of African immigrant community leaders in planning, delivery and evaluation using the community-based participatory research approach will facilitate healthcare promotion, health literacy education, as well as genetic research. It is crucial to address the ethical, legal and social implications of genetic studies with African immigrants as research subjects.

  11. Legal issues of the environmental safety regulation in the sphere of nanotechnology in Russian Federation

    International Nuclear Information System (INIS)

    Belokrylova, Ekaterina A

    2013-01-01

    development and application of nanoproducts, inspite of fact, that these relationships have a significant financial segment. Thus, according to the Federal Act from December 13, 2010 'About federal budget for 2011 year and the period of 2012 and 2013 years' the expenses for realisation of program 'The infrastructure development of nano industry in Russian Federation for 2008-2011' were 250 milliard of Russian rubbles. The profound analyses of the current legal systems has demonstrated that nowadays the main legal regulation in nano sphere consist of some range of frame documents (accentuated by the author). Thereby, one of the most dynamic and developed field of innovative activities in Russian Federation – nanotechnology – is left out of environmental and legal area of protection and that is might lead to the raising level of ecological risks at the stage of creation and application nano products to the environment and humans' health. During the analyses of annual norms of the Report OECD 'Nano technologies: the Environment, health and safety' the conclusion is following – 2010 Russia has an extremely low degree of conceptual realization of the program in the sphere of forming the policy connected with nanotechnology and its impact on the environment and also a lack of implementations of norms into the national legal systems in terms of the assessment criteria of nano safety EHS (Environmental, Health and Safety) and ELSI (Ethical, Legal and Social Issues). To the great regret, there is no independent and precise legal act about the ways to creat and apply nano products with the certain definitions and principles and, more importantly, with the level of legal obligations and responsibility. This gap is not possible to fill by just altering and editing the existed legal acts due to the lack of the state Russian regulation. Thus, one of the most dynamic fields of innovative activities – nano technologies – is practically out of the regulation. It might lead to an

  12. Legal issues of the environmental safety regulation in the sphere of nanotechnology in Russian Federation

    Science.gov (United States)

    Belokrylova, Ekaterina A.

    2013-04-01

    development and application of nanoproducts, inspite of fact, that these relationships have a significant financial segment. Thus, according to the Federal Act from December 13, 2010 "About federal budget for 2011 year and the period of 2012 and 2013 years" the expenses for realisation of program "The infrastructure development of nano industry in Russian Federation for 2008-2011" were 250 milliard of Russian rubbles. The profound analyses of the current legal systems has demonstrated that nowadays the main legal regulation in nano sphere consist of some range of frame documents (accentuated by the author). Thereby, one of the most dynamic and developed field of innovative activities in Russian Federation - nanotechnology - is left out of environmental and legal area of protection and that is might lead to the raising level of ecological risks at the stage of creation and application nano products to the environment and humans' health. During the analyses of annual norms of the Report OECD "Nano technologies: the Environment, health and safety" the conclusion is following - 2010 Russia has an extremely low degree of conceptual realization of the program in the sphere of forming the policy connected with nanotechnology and its impact on the environment and also a lack of implementations of norms into the national legal systems in terms of the assessment criteria of nano safety EHS (Environmental, Health and Safety) and ELSI (Ethical, Legal and Social Issues). To the great regret, there is no independent and precise legal act about the ways to creat and apply nano products with the certain definitions and principles and, more importantly, with the level of legal obligations and responsibility. This gap is not possible to fill by just altering and editing the existed legal acts due to the lack of the state Russian regulation. Thus, one of the most dynamic fields of innovative activities - nano technologies - is practically out of the regulation. It might lead to an increase of

  13. Towards a European code of medical ethics. Ethical and legal issues.

    Science.gov (United States)

    Patuzzo, Sara; Pulice, Elisabetta

    2017-01-01

    The feasibility of a common European code of medical ethics is discussed, with consideration and evaluation of the difficulties such a project is going to face, from both the legal and ethical points of view. On the one hand, the analysis will underline the limits of a common European code of medical ethics as an instrument for harmonising national professional rules in the European context; on the other hand, we will highlight some of the potentials of this project, which could be increased and strengthened through a proper rulemaking process and through adequate and careful choice of content. We will also stress specific elements and devices that should be taken into consideration during the establishment of the code, from both procedural and content perspectives. Regarding methodological issues, the limits and potentialities of a common European code of medical ethics will be analysed from an ethical point of view and then from a legal perspective. The aim of this paper is to clarify the framework for the potential but controversial role of the code in the European context, showing the difficulties in enforcing and harmonising national ethical rules into a European code of medical ethics. 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/.

  14. AVIATION LEGAL ISSUES IN INDONESIA AND THAILAND: TOWARDS BETTER PASSENGERS’ RIGHTS IN ASEAN

    Directory of Open Access Journals (Sweden)

    Ridha Aditya Nugraha

    2017-04-01

    Full Text Available The aviation business in the ASEAN region has shown significant growth during the last decade. With the enactment of ASEAN Open Skies, there is no doubt that intra-ASEAN flights will continue to increase rapidly with Indonesia and Thailand experiencing significant effects from such development. Considering current rapid market capitalization, there is an urgency to establish equilibrium between commercial and passengers’ rights. Flight delays, cancellations, and denied boarding, either on domestic or international flights, are the main airline passengers’ rights issues that are always relevant and must be kept up-to-date with recent developments. In the context of the so-called integrated ASEAN skies, the urgency to establish a uniform legal framework on passengers’ rights has become essential. Learning from the current international legal framework, namely the Warsaw Convention, the Montreal Convention, and EU Regulation No. 261/2004, they could present the source of best solution. Considering that the latter was established by another regional initiative, it could be a particularly valuable guide for ASEAN, even though the current integration level of the EU and ASEAN are quite different. Also of importance, the bomb threat hoax phenomenon within Indonesia and Thailand shall also be discussed. Passengers’ rights must also be protected against the implications of such irresponsible acts.

  15. Minor's rights versus parental rights: review of legal issues in adolescent health care.

    Science.gov (United States)

    Maradiegue, Ann

    2003-01-01

    The right of adolescents to access confidential health care is sensitive and controversial. Recent challenges in the court system to adolescents' right to access abortion and contraception are eroding current law, including the Roe v Wade decision. The prospect of more than a million pregnancies in individuals under the age of 20 years in the United States with increasingly fewer alternatives to pregnancy is concerning. New regulations under the Health Insurance Portability and Accountability Act are adding yet another layer of complexity to the care of adolescents. Understanding legal issues surrounding adolescent rights to care can help the health care provider make appropriate care available to this age group. Keywords previously identified in CINAHL and MEDLINE were used to perform the literature search. LexisNexis was the search engine used to identify the laws and statutes.

  16. Illicit drugs, testing, prevention and work in France: ethical and legal issues.

    Science.gov (United States)

    Fantoni-Quinton, Sophie; Bossu, Bernard; Morgenroth, Thomas; Frimat, Paul

    2010-09-01

    The use of illicit drugs in the workplace raises issues pertaining to prevention and safety and the responsibility of the various members of staff. It also brings into question the interface between work and private life. If employees are in theory responsible for their own safety and risk heavy penalties in the event of the consumption of illicit drugs in the workplace, such behaviour has to be proved. In reality, the worker can only be partially and marginally held liable, given the fact that the employer is prohibited from infringing on their rights and liberties (restrictions on the searching of their personal belongings and lockers as well as on the carrying out of breath testing and saliva testing under restrictive conditions). Employers have for their part a broader range of responsibilities and, above all, an absolute obligation to achieve specific goals in terms of health and safety resulting in the need to take action. In accordance with the International Labour Organization recommendations, European and national legislation, the employer has to implement a suitable preventive policy. However, where is the balance between prevention and repression? Very few studies have raised these issues and our aim is to precisely situate the place of drug testing in the employer's repressive arsenal in France and to try to answer the legal and ethical issues raised. Thus, for example, repression can only be acceptable when it deals with moderate and non-addicted users, or it could be tantamount to discrimination.

  17. Ethical Legal and Social Issues of Biobanking: Past, Present, and Future.

    Science.gov (United States)

    Bledsoe, Marianna J

    2017-04-01

    The past 15 years has seen considerable changes in the research environment. These changes include the development of new sophisticated genetic and genomic technologies, a proliferation of databases containing large amount of genotypic and phenotypic data, and wide-spread data sharing among many institutions, nationally and internationally. These changes have raised new questions regarding how best to protect the participants of biobanking research. In response to these questions, best practices for addressing the legal, ethical, and social issues of biobanking have been developed. In addition, new ethical guidelines related to biobanking have been established, as well as new regulations regarding privacy and human subject protections. Finally, changes in the science and the research environment have raised complex ethical issues related to biobanking, such as questions about the most appropriate consent models to use for biobanking research, commercial use and ownership issues, and whether and how to return individual research results to biobank participants. This article reviews some of the developments over the past 15 years related to the ELSI of biobanking with a look toward the future.

  18. Labeling and the effect of adolescent legal system involvement on adult outcomes for foster youth aging out of care.

    Science.gov (United States)

    Lee, JoAnn S; Courtney, Mark E; Harachi, Tracy W; Tajima, Emiko A

    2015-09-01

    This study uses labeling theory to examine the role that adolescent legal system involvement may play in initiating a process of social exclusion, leading to higher levels of adult criminal activities among foster youth who have aged out of care. We used data from the Midwest Evaluation of the Adult Functioning of Former Foster Youth (Midwest Study), a prospective study that sampled 732 youth from Illinois, Iowa, and Wisconsin as they were preparing to leave the foster care system at ages 17 or 18. The youth were interviewed again at ages 19, 21, and 23 or 24. We used structural equation modeling to examine pathways to self-reported adult criminal behaviors from juvenile legal system involvement. The path model indicated that legal system involvement as a juvenile was associated with a lower likelihood of having a high school diploma at age 19, which was associated with a reduced likelihood of employment and increased criminal activities at age 21. Legal system involvement is more common among foster youth aging out of care, and this legal system involvement appears to contribute to a process of social exclusion by excluding former foster youth from conventional opportunities. (c) 2015 APA, all rights reserved).

  19. Issues with monitoring the safety of psychoactive products under a legal regulated market for new psychoactive substances ('legal highs') in New Zealand.

    Science.gov (United States)

    Rychert, Marta; Wilkins, Chris; Witten, Karen

    2017-09-01

    New Zealand's Psychoactive Substances Act (2013) established the world's first regulated market for 'low risk' psychoactive products ('legal highs'). Under an interim PSA regime, 47 existing products were permitted to be continued to be sold. To explore issues with the implementation of regulatory systems to monitor the safety of products on the legal market under the interim Psychoactive Substances Act regime. Semi-structured interviews with 30 key stakeholders, including industry, government agency, health and drug service professionals were conducted, transcribed and analysed thematically. In retrospect stakeholders questioned the decision to approve strong synthetic cannabinoid smoking products, noting their health risks because of product formulation, inconsistent manufacturing practices and smoking as the means of administration. Industry actors claimed the decision to approve synthetic cannabinoid smokeable products prevented potentially safer products from gaining market share. The system for withdrawing approved products which were subsequently found to be harmful was criticised for the poor quality of data available, limited engagement with health professionals and the slowness of product withdrawal. Many of the problems with the regime were attributed to the urgency under which the legal market under the interim Psychoactive Substances Act was established and implemented. The selection of 'safer' products, implementation of the product monitoring system, and engagement with health professionals may have benefited from more time and resources. An incremental approach to establishing the new market may have made the regulatory management of the new regime more workable. [Rychert M, Wilkins C, Witten K. Issues with monitoring the safety of psychoactive products under a legal regulated market for new psychoactive substances ('legal highs') in New Zealand. Drug Alcohol Rev 2017;00:000-000]. © 2017 Australasian Professional Society on Alcohol and other Drugs.

  20. Outsourcing medical data analyses: can technology overcome legal, privacy, and confidentiality issues?

    Science.gov (United States)

    Brumen, Bostjan; Heričko, Marjan; Sevčnikar, Andrej; Završnik, Jernej; Hölbl, Marko

    2013-12-16

    Medical data are gold mines for deriving the knowledge that could change the course of a single patient's life or even the health of the entire population. A data analyst needs to have full access to relevant data, but full access may be denied by privacy and confidentiality of medical data legal regulations, especially when the data analyst is not affiliated with the data owner. Our first objective was to analyze the privacy and confidentiality issues and the associated regulations pertaining to medical data, and to identify technologies to properly address these issues. Our second objective was to develop a procedure to protect medical data in such a way that the outsourced analyst would be capable of doing analyses on protected data and the results would be comparable, if not the same, as if they had been done on the original data. Specifically, our hypothesis was there would not be a difference between the outsourced decision trees built on encrypted data and the ones built on original data. Using formal definitions, we developed an algorithm to protect medical data for outsourced analyses. The algorithm was applied to publicly available datasets (N=30) from the medical and life sciences fields. The analyses were performed on the original and the protected datasets and the results of the analyses were compared. Bootstrapped paired t tests for 2 dependent samples were used to test whether the mean differences in size, number of leaves, and the accuracy of the original and the encrypted decision trees were significantly different. The decision trees built on encrypted data were virtually the same as those built on original data. Out of 30 datasets, 100% of the trees had identical accuracy. The size of a tree and the number of leaves was different only once (1/30, 3%, P=.19). The proposed algorithm encrypts a file with plain text medical data into an encrypted file with the data protected in such a way that external data analyses are still possible. The results

  1. Evolving legal framework of corporate governance in India – issues and challenges

    Directory of Open Access Journals (Sweden)

    Pankaj Kumar GUPTA

    2014-12-01

    Full Text Available Investors now started considering corporate governance as very essential factor before investment especially in view of the unstable environment in the securities market. It is considered that good corporate governance inspires, strengthens and maintains investor’s confidence by ensuring company’s commitment to higher growth and profits. Corporate Governance has become a major concern for global economies particularly the transition world. Sound corporate governance is extremely important for transition economies for creation of the key institutions, the private corporations, which drive the successful economic transformation to a market based economy, effective allocation of capital and development of financial markets, attracting foreign investment and making a contribution to the process of national development. The Corporate Governance issue has emerged primarily because of the growing importance of corporations in the national economies and their interaction with the international agencies and institutions. This paper presents the current scenario of corporate governance in India, the evolving legal framework and identified the major issues and challenges that need to be addressed to implement an effective system of corporate governance in India.

  2. U.S. financing for international independent power production projects: Legal and business issues

    International Nuclear Information System (INIS)

    Buehler, J.E. Jr.

    1990-01-01

    Fundamental changes are occurring in the capital and project development markets both domestically and internationally. In the United States, the capital market has undergone dramatic changes recently, characterized by clubbed debt structures, uncertain pricing spreads, and declining leverage ratios. In response, project sponsors and their investment bankers have created innovative debt and equity structures to attract investors while at the same time minimizing project risk and preserving the flexibility for the project to operate optimally. The structure of a project financing, either U.S. or international, will vary depending on (1) the differing project management/control concerns, financial goals and risk profiles of the developer, equipment and fuel suppliers, bank lenders and equity sources, (2) regulatory issues, such as compliance with the Public Utility Holding Company Act (PUHCA) in the U.S. and similar national utility legislation in the host foreign country, and (3) the tax implications of a given structure to the project owner, lender, and equity supplier. In response to these investor-specific goals and/or constraints, various forms of project structures have been developed. The focus of this paper is on legal and business issues which arise in international project finance, using U.S.project finance as a model that expresses the risk profile that U.S. financial institutions are accustomed to and overlaying the unique risks that are added to project financing which are international in nature

  3. Procurement activities required by the nuclear program developed by nuclearelectrica national company- technical issues versus public acquisitions legal issues

    International Nuclear Information System (INIS)

    Vatamanu, Mariana

    2007-01-01

    Public procurement is one of the areas of the single market where the results of the liberalization drive have not yet measured up to expectations. This communication presents some technical issues versus public acquisition legal issues and suggests ways and means of improving contract award procedures. Procurement area includes the acquisition of goods, services and works, thus assumption not only for purchasing equipment, components, spare-parts or materials, but also hiring of the contractors or consultants to carry out services and works. Procurement is related to the function of management of supply, which encompasses aside range of planning function, coding and classification, stockholding policies, store-keeping, stores accounting, etc. but it is also related to the hiring of contractors or consultants for work or services. As an answer to the challenge of the increasing market globalization it has been developed the ISO quality system, within 9000 family of standards. The very intensive competition for all market clients, either locally or globally, encouraged development of a new concept of quality management systems. Due to its specificity of activity and with respect to the rules and legislation requirements imposed either by the internal Romanian Laws and Regulations or/and by international market rules and constrains, the development, construction and operation of a Nuclear Power Plant shall be performed in a controlled condition and based on specific authorizations obtained by the Owner of the NPP from the Romanian Regulatory Authorities. The experience, accumulated by over 10 years of operation of Cernavoda NPP Unit 1 by our company, demonstrates the high importance of the Quality Management System that imposes the quality of the components installed on the plant, the services and the works developed to assure a safety operation of the nuclear unit, with a strongly dependence by the procurement system established for purchasing of goods, services and

  4. The Use of Ascorbic Acid as a Food Additive: Technical-Legal Issues

    Science.gov (United States)

    Varvara, Michele; Bozzo, Giancarlo; Celano, Giuseppe; Disanto, Chiara; Pagliarone, Cosimo Nicola

    2016-01-01

    Ascorbic acid (C6H8O6) is an organic compound belonging to the family of monosaccharide. It is highly soluble in water, and is often called one of the secrets of the Mediterranean diet. Its use is widespread in the food industry is also important, having always been exploited for its antioxidant and stabilising ability. Many indeed are the additive formulations that take advantage of these properties. The purpose of this paper is to explain the characteristics that make ascorbic acid an important food additive and to emphasise the technical and legal issues related to its use in food productions. In particular, in the course of this employment, laws and scientific studies have been applied to the resolution of a lawsuit, having as its object the use of ascorbic acid in preparations of ground beef sold at a butcher shop. The views expressed in court by the technical consultant have led to the acquittal of the accused, in the light of the demonstrated and proven non-toxicity of the molecule and the use of a mixture of additives for the production of sausage. The European and national legislations, supported by numerous scientific studies, define the possible use of ascorbic acid according to the principle of quantum satis, and it can be used in foods for children. Our work aims to represent further evidence of the safety of use of ascorbic acid as a food additive, and – as confirmed by the legal decision reported – it wants to bring out the prospects for use of ascorbic acid for technological purposes even by registered establishments. PMID:27800425

  5. [Legal and medico-legal issues in adolescent medicine. A critical review of the present regulation and legislation].

    Science.gov (United States)

    Schwarzenberg, T L; Buffone, M R

    2001-02-01

    During the last years the Italian Government has taken many different initiatives to protect the adolescents rights to benefit from physical, psychical and social well-being. In particular, various projects concerning the promotion and the support of the school, the family, sport, mass-media, judicial and medical infrastructures, have been organised, promoted and financed. However, it is not always possible to assure a real safeguarding of teenagers rights; this especially happens because the problem concerning the autonomous capacity of minors to consent (or non consent) to the medical treatment is much debated. However, many contradictions still persist about the effective duration of the pediatric age. All the same, it must be noted that the Legislator apparently realised that not only the physical, psychological and social maturity proceed by steps, but also the legal capacity.

  6. Legal and Institutional Issues of Transportable Nuclear Power Plants: A Preliminary Study

    International Nuclear Information System (INIS)

    2013-01-01

    jointly the international and national actions required for ensuring the sustainability of nuclear energy through innovations in technology and/or institutional arrangements. A transportable nuclear power plant (TNPP) is a factory manufactured, transportable and relocatable nuclear power plant which, when fuelled, is capable of producing final energy products such as electricity and heat. Introducing a TNPP may require fewer financial and human resources from the host State. However, the deployment of such reactors will face new legal issues in the international context which need to be resolved to enable the deployment of such reactors in countries other than the country of origin. The objective of this report is to study the legal and institutional issues for the deployment of TNPPs, to reveal challenges that might be faced in their deployment, and to outline pathways for resolution of the identified issues and challenges in the short and long terms. It is addressed to senior legal, regulatory and technical officers in Member States planning to embark on a nuclear power programme or to expand an existing one by considering the introduction of a TNPP

  7. O exercício legal da medicina em LER/DORT The legal aspects involving repetitive strain injuries (RSI

    Directory of Open Access Journals (Sweden)

    Antonio Techy

    2009-08-01

    Full Text Available No relacionamento entre médico e paciente, além da boa prática da medicina, o médico está obrigado a conhecer e cumprir as leis, normas e convenções que podem garantir direitos a uns e gerar obrigações a outros, com base nas informações criadas e perenizadas em prontuários, atestados e pareceres, que servirão de referência às decisões de entidades públicas ou privadas na concessão ou na recusa de direitos e deveres legais. Apontamos como os médicos devem se comportar em relação aos pacientes e aos aspectos legais dentro desse cenário ocupacional, no sentido de adequar a conduta e prevenir eventuais dissabores, aos quais estamos expostos. Nossa ideia é chamar a atenção para a necessidade da prática médica dentro das normas legais, orientando onde buscar a respectiva informação. O médico não pode estar alheio à evolução da medicina, nem às atualizações permanentes das leis, normas e convenções da região em que atua.In order to have a good patient-physician relationship, besides practicing a fair and updated technical medicine, the physician is obligated to have knowledge of and follow the laws, rules and regulations, which grant specific rights to some and delegate obligations to others. The physician is responsible for writing legal statements based on information from medical records. These declarations will serve as important documents, upon which public or private entities will base their decision on granting rights or delegating obligations. This article stresses the importance of adequate physician decision making capacity when it comes to access the patient's needs within the working environment. It also emphasizes the seriousness of reaching an optimal treatment plan, in order to prevent expected complications. Our objective is to promote the practice of medicine within the current law, giving directions to the reader on where to obtain this information. Physicians have to keep themselves updated not

  8. 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

  9. 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

  10. Harassment, Bullying, and Discrimination of Lesbian, Gay, Bisexual, and Transgender Students: Legal Issues for North Carolina Schools

    Science.gov (United States)

    Hall, Will

    2007-01-01

    The purpose of the report is to inform students, parents, school personnel, and officials of the legal issues related to harassment, bullying, and discrimination of lesbian, gay, bisexual, and transgender (LGBT) students. This report describes existing research on the current school climate for LGBT youth as well as the harmful effects of…

  11. 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.

  12. Local and Transboundary Sharing of Water Resources: Legal and Equity Issues

    International Nuclear Information System (INIS)

    Mumma, A

    2001-01-01

    The article reviewed the law on water in local and transboundary contexts.The aim was to highlight the mechanisms for facilitating equity in the allocation and sharing of the resource. It has been demonstrated that, the relevant local and transboundary laws are in need for further urgent development in order to be able to achieve their objectives. The objective that will be of greatest importance in the 21. century is that of ensuring that, water conservation is fostered and promoted. The effort to meet the increasing demand for water, on the whole, have focused on attempts to increase supply to water users. In the era of increasing water scarcity, the management of demand and development of legal and other mechanisms to ensure efficient utilisation of the available water resources will become the central issue of the day. Equity in allocation will take, as it's central premises the conservation of the limited resource. The law will therefore need to develop increasingly in the direction of fostering a conservation ethic

  13. Traumatic spinal cord injuries – epidemiologic and medico-legal issues

    Directory of Open Access Journals (Sweden)

    Hanganu Bianca

    2017-12-01

    Full Text Available Spinal cord injuries represent a special category of injuries in traumatic pathology, with high morbidity and mortality, which justify their analysis with the aim to identify useful aspects in order to prevent and treat them. We therefore performed a retrospective study on 426 cases in order to analyze epidemiology and medico-legal issues related to spinal cord injuries. The studied items regarded socio-demographic aspects (gender, age, home region, type of lesions (vertebral, spinal cord, association with other trauma, circumstances leading to trauma (cause of the injury, season, data regarding hospitalization (medical condition at the hospital admission, number of days of hospitalization, clinical diagnosis, imaging exploration level and data resulting from autopsy (diagnosis, toxicological examination. Most of our results are consistent with literature data, except for some epidemiological items, which might be explained with cultural differences, life style and inhomogeneous population. Based on our results, the general conclusion is the need for prevention campaigns, focusing on road traffic accidents and falls (especially in elderly as the main causes of spinal cord injuries.

  14. Geoethical issues involved in Tsunami Warning System concepts and operations

    Science.gov (United States)

    Charalampakis, Marinos; Papadopoulos, Gerassimos A.; Tinti, Stefano

    2016-04-01

    The main goal of a Tsunami Warning System (TWS) is to mitigate the effect of an incoming tsunami by alerting coastal population early enough to allow people to evacuate safely from inundation zones. Though this representation might seem oversimplified, nonetheless, achieving successfully this goal requires a positive synergy of geoscience, communication, emergency management, technology, education, social sciences, politics. Geoethical issues arise always when there is an interaction between geoscience and society, and TWS is a paradigmatic case where interaction is very strong and is made critical because a) the formulation of the tsunami alert has to be made in a time as short as possible and therefore on uncertain data, and b) any evaluation error (underestimation or overestimation) can lead to serious (and sometimes catastrophic) consequences involving wide areas and a large amount of population. From the geoethical point of view three issues are critical: how to (i) combine forecasts and uncertainties reasonably and usefully, (ii) cope and possibly solve the dilemma whether it is better over-alerting or under-alerting population and (iii) deal with responsibility and liability of geoscientists, TWS operators, emergency operators and coastal population. The discussion will be based on the experience of the Hellenic National Tsunami Warning Center (HL-NTWC, Greece), which operates on 24/7 basis as a special unit of the Institute of Geodynamics, National Observatory of Athens, and acts also as Candidate Tsunami Service Provider (CTSP) in the framework of the North-Eastern Atlantic, the Mediterranean and connected seas Tsunami Warning System (NEAMTWS) of the IOC/UNESCO. Since August 2012, when HL-NTWC was officially declared as operational, 14 tsunami warning messages have been disseminated to a large number of subscribers after strong submarine earthquakes occurring in Greece and elsewhere in the eastern Mediterranean. It is recognized that the alerting process

  15. Exclusive contracts in the hospital setting: a two-edged sword, part 1: legal issues.

    Science.gov (United States)

    Portman, Robert M

    2007-05-01

    Hospitals routinely enter into contracts with radiology groups for the right to be the exclusive provider of radiology services at the facility in exchange for the group agreeing to provide and manage all aspects of that service within the hospital. These "exclusive contracts" generally result in the radiology department and associated equipment being closed off to physicians who are not part of the contracting group. Exclusive contracts are generally considered to be good for physicians who have them and bad for those excluded by them. In fact, while exclusive contracts offer obvious benefits to the physicians who receive them and obvious disadvantages for those who are excluded, they also present pitfalls for physicians in the chosen group. Part I of this article discusses the legal issues raised by exclusive contracts. Although these agreements appear to be anti-competitive, most courts have rejected antitrust challenges to exclusive contracts. Excluded physicians have had much greater success in attacking exclusive contracting arrangements on breach of contract and procedural/due process grounds. Exclusive contracting arrangements can also raise concerns under the Medicare-Medicaid anti-kickback statute if the contracting physicians are required to pay consideration or accept less than fair market value compensation in exchange for exclusive contracts. These agreements can also raise issues under the Stark II physician self-referral law if the contracting physicians are in a position to refer Medicare or Medicaid patients to the hospital. Part II of this article will discuss the advantages and disadvantages of exclusive contracts for physicians covered and not covered by such contracts, as well as strategies for avoiding them or minimizing their potential adverse impact. It also will discuss specific provisions of exclusive contracts that should be included or avoided.

  16. Regulatory challenges of robotics : Some guidelines for addressing legal and ethical issues

    NARCIS (Netherlands)

    Leenes, Ronald; Palmerini, Erica; Koops, Bert-Jaap; Bertolini, Andrea; Salvini, Pericle; Lucivero, Federica

    2017-01-01

    Robots are slowly, but certainly, entering people’s professional and private lives. They require the attention of regulators due to the challenges they present to existing legal frameworks and the new legal and ethical questions they raise. This paper discusses four major regulatory dilemmas in the

  17. Ethical and legal issues regarding the action and knowledge of orthodontists before civil liability

    Directory of Open Access Journals (Sweden)

    Luíza Valéria de Abreu Maia

    2014-10-01

    Full Text Available This study evaluated the ethical and legal conducts of orthodontists regarding the professional/patient relationship, documentation used and degree of knowledge on the professional liability during the exercise of their specialty. This study sought to assess whether the time since graduation of the dentist as an expert interfered with their knowledge degree about the dental professional liability. The object population of the present study consisted of 56 dental surgeons, specialized in orthodontics, from the city of Belo Horizonte, Minas Gerais State, Brazil. The research was carried out using a survey addressed to these professionals, and descriptive statistics of the data. Chi-square test was used to check independence between factors and comparisons of proportions.  100% interviewed professionals request orthodontic documentation prior to the start of treatment; 71.5% request final documentation; 91% professionals affirmed they file this documentation; however, only 21.4% keep records for over 20 years; and most professionals (86% use some sort of contract at the start of treatment, and a small percentage (30.4% regard the liability of orthodontists as objective. It can be concluded that the interviewed professionals should acquire a higher level of knowledge regarding the professional liability and current legislation involving dental surgeons.

  18. Personal genome testing: Test characteristics to clarify the discourse on ethical, legal and societal issues

    Directory of Open Access Journals (Sweden)

    Janssens A Cecile JW

    2011-06-01

    Full Text Available Abstract Background As genetics technology proceeds, practices of genetic testing have become more heterogeneous: many different types of tests are finding their way to the public in different settings and for a variety of purposes. This diversification is relevant to the discourse on ethical, legal and societal issues (ELSI surrounding genetic testing, which must evolve to encompass these differences. One important development is the rise of personal genome testing on the basis of genetic profiling: the testing of multiple genetic variants simultaneously for the prediction of common multifactorial diseases. Currently, an increasing number of companies are offering personal genome tests directly to consumers and are spurring ELSI-discussions, which stand in need of clarification. This paper presents a systematic approach to the ELSI-evaluation of personal genome testing for multifactorial diseases along the lines of its test characteristics. Discussion This paper addresses four test characteristics of personal genome testing: its being a non-targeted type of testing, its high analytical validity, low clinical validity and problematic clinical utility. These characteristics raise their own specific ELSI, for example: non-targeted genetic profiling poses serious problems for information provision and informed consent. Questions about the quantity and quality of the necessary information, as well as about moral responsibilities with regard to the provision of information are therefore becoming central themes within ELSI-discussions of personal genome testing. Further, the current low level of clinical validity of genetic profiles raises questions concerning societal risks and regulatory requirements, whereas simultaneously it causes traditional ELSI-issues of clinical genetics, such as psychological and health risks, discrimination, and stigmatization, to lose part of their relevance. Also, classic notions of clinical utility are challenged by the

  19. Ethical, legal and clinical aspects of live surgery in urology - contemporary issues and a glimpse of the future.

    Science.gov (United States)

    Cumpanas, Alin Adrian; Ferician, Ovidiu Catalin; Latcu, Silviu Constantin; Pricop, Catalin; Bardan, Razvan Tiberiu

    2017-01-01

    Beside dry and wet lab training, simulators, video tapes, fellowships and clinical visits, live surgery has gained popularity during the last years, being an attraction point at large scientific meetings and at postgraduate courses as well. This type of surgical training raises both ethical and legal issues. Thus, there are professional societies that have banned such meetings, mainly due to safety reasons for the patient. The current article aims to identify and to discuss ethical and legal issues related to the topic, advantages, disadvantages and weak points of this emerging challenge for modern medicine, trying to analyze the issues from all relevant points of view: those of the patient, the surgeon and the session attendant.

  20. Ethical and Legal Issues Associated with the Use of Aversives in the Public Schools: The SIBIS Controversy.

    Science.gov (United States)

    Jacob-Timm, Susan

    1996-01-01

    Explores four types of intervention available in treating self-injurious behavior (SIB). One effective, although controversial, treatment in reducing SIB involves use of Self-Injurious Behavior Inhibiting System (SIBIS), a device which delivers a mild electric shock following a blow to the head. Reviews and explains the ethical and legal issues…

  1. Novel shifts in memory research and their impact on the legal process: introduction to the special issue on memory formation and suggestibility in the legal process.

    Science.gov (United States)

    Otgaar, Henry; Sauerland, Melanie; Petrila, John P

    2013-01-01

    The functioning and frailties of memory are frequently at the centerpiece of much expert testimony about the reliability of eyewitness accounts. Although we have much knowledge about how false memories and suggestibility can affect testimonies, the contributions in this special issue show that when using a sound theoretical framework, novel directions in this field can surface. The papers in this issue can broadly be divided into contributions that are related to: (1) the exact determinants of false memory and suggestibility; (2) new paradigms in legal psychology; (3) positive consequences of memory illusions; and (4) developmental false memory research. Collectively, these contributions have the potential to provide novel shifts in memory research and push this field beyond its current boundaries. Copyright © 2013 John Wiley & Sons, Ltd.

  2. The autism "epidemic": Ethical, legal, and social issues in a developmental spectrum disorder.

    Science.gov (United States)

    Graf, William D; Miller, Geoffrey; Epstein, Leon G; Rapin, Isabelle

    2017-04-04

    Classic autism has gradually evolved into the concept of a larger "spectrum disorder." The rising prevalence of autism and autism spectrum disorder (autism/ASD) diagnoses can be largely attributed to broader diagnostic criteria, adoption of dimensional assessment strategies, increased awareness, linking of services to diagnosis, and the inclusion of milder neurodevelopmental differences bordering on normality. The spectrum disorder diagnosis raises numerous bioethical issues for individuals and society. Three groups of caregivers have important ethical, legal, and social obligations to individuals with autism/ASD: (1) families and advocates of individuals with autism/ASD; (2) health care and other professionals; and (3) governments. Each group may have different views of autism/ASD diagnostic criteria, screening, testing, and the effectiveness of various interventions. All see timely diagnosis as desirable, but earlier diagnosis may not be better, morally or practically. The growing practice of genetic testing in milder ASD raises ethical questions because of its uncertain scientific validity and limited clinical utility. Individuals with autism/ASD have various kinds of needs but all want acceptance and most deserve better accommodations. Governments struggle to provide a fair allocation of appropriate special education and supportive services. This article examines the evolving dimensions of the autism/ASD diagnosis, outlines certain bioethics principles related to its evaluation and management, reviews relevant laws and disability rights, and emphasizes the societal obligation to recognize neurodevelopmental variation and human neurodiversity. Future directions in the evaluation and care of autism/ASD should attempt to integrate the roles and responsibilities of all agents caring for each unique autistic individual. © 2017 American Academy of Neurology.

  3. 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.

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

    Science.gov (United States)

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

    2014-02-12

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

  5. Meaningful community involvement in protected area issues: a dialogue session

    Science.gov (United States)

    Laurie Yung

    2000-01-01

    The current effort to rethink public involvement in decision-making processes for federal lands is gaining momentum. Advocates of alternative decision-making processes seek to involve communities in more meaningful ways than traditional NEPA-style public participation. These new processes take the form of citizen monitoring, partnerships, and most often, collaboration...

  6. Social media in the health-care setting: benefits but also a minefield of compliance and other legal issues.

    Science.gov (United States)

    Moses, Richard E; McNeese, Libra G; Feld, Lauren D; Feld, Andrew D

    2014-08-01

    Throughout the past 20 years, the rising use of social media has revolutionized health care as well as other businesses. It allows large groups of people to create and share information, ideas, and experiences through online communications, and develop social and professional contacts easily and inexpensively. Our Gastroenterology organizations, among others, have embraced this technology. Although the health-care benefits may be many, social media must be viewed through a legal lens, recognizing the accompanying burdens of compliance, ethical, and litigation issues. Theories of liability and risk continue to evolve as does the technology. Social media usage within the medical community is fraught with potential legal issues, requiring remedial responses to meet patients' needs and comply with current laws, while not exposing physicians to medical malpractice and other tort risks.

  7. Ethical issues in neonatal research involving human subjects.

    Science.gov (United States)

    Fleischman, Alan R

    2016-06-01

    Research involving critically ill neonates creates many ethical challenges. Neonatal clinical research has always been hard to perform, is very expensive, and may generate some unique ethical concerns. This article describes some examples of historical and modern controversies in neonatal research, discusses the justification for research involving such vulnerable and fragile patients, clarifies current federal regulations that govern research involving neonates, and suggests ways that clinical investigators can develop and implement ethically grounded human subjects research. Copyright © 2016 Elsevier Inc. All rights reserved.

  8. 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.

  9. Reducing the Density and Number of Tobacco Retailers: Policy Solutions and Legal Issues.

    Science.gov (United States)

    Ackerman, Amy; Etow, Alexis; Bartel, Sara; Ribisl, Kurt M

    2017-02-01

    Because higher density of tobacco retailers is associated with greater tobacco use, U.S. communities seek ways to reduce the density and number of tobacco retailers. This approach can reduce the concentration of tobacco retailers in poorer communities, limit youth exposure to tobacco advertising, and prevent misleading associations between tobacco and health messaging. Communities can reduce the density and number of tobacco retailers by imposing minimum distance requirements between existing retailers, capping the number of retailers in a given geographic area, establishing a maximum number of retailers proportional to population size, and prohibiting sales at certain types of establishments, such as pharmacies, or within a certain distance of locations serving youth. Local governments use direct regulation, licensing, or zoning laws to enact these changes. We analyze each approach under U.S. constitutional law to assist communities in selecting and implementing one or more of these methods. There are few published legal opinions that address these strategies in the context of tobacco control. But potential constitutional challenges include violations of the Takings Clause of the Fifth Amendment, which protects property owners from onerous government regulations, and under the Fourteenth Amendment's Equal Protection and Due Process Clauses, which protect business owners from arbitrary or unreasonable regulations that do not further a legitimate government interest. Because there is an evidentiary basis linking the density of tobacco retailers to smoking rates in a community, courts are likely to reject constitutional challenges to carefully crafted laws that reduce the number of tobacco retailers. Our review of the relevant constitutional issues confirms that local governments have the authority to utilize laws and policies to reduce the density and number of tobacco retailers in their communities, given existing public health data. The analysis guides policy

  10. [LEGAL REGULATION OF TRANSPLANTOLOGY AT THE PRESENT STAGE: UKRAINIAN ISSUE AND EXPERIENCE OF FOREIGN STATES].

    Science.gov (United States)

    Sovgyria, O

    2018-03-01

    The objective of the research is to analyze the legal regulation in the transplantology field at the present stage in Ukraine. To address identified challenges, the author investigates the foreign countries experience and suggests ways of improving certain mechanism for legal regulation in the field of organ transplantation and anatomical materials. The empiric material of the study included a wide range of legal instruments regulating this sphere of legal relationships, information regarding the problems of their application, statistics, expert analysis of Ukrainian and foreign researchers. Methodological mechanism of current research includes such methods: systematic, logical and formal, structural-functional, comparative. The research found that the most world's successful model for the organization of transplantation is in Spain. Additionally, the criteria for the reception of such a model are singled out as well as certain aspects of their application in Ukraine are analyzed. Particularly, the most important criteria are: universal and general territorial proliferation of national health systems; relevant economic resources (special attention is paid to the fact that transplantation is not a medicine of luxury, and an adequate compensation to hospitals for transplantation operations should serve as a main economic aspect); an adequate and necessary number of doctors and nurses; the availability of advanced technical options for medical mechanical ventilation (air conditioning of dead bodies). The research led to the following overall findings. Due to the rapid development of medical and biological sciences, there is an urgent need on further investigation of legal, moral and ethical, general medical aspects of transplantation with subsequent proposals for improving legislation in the field of human organs transplantation and other anatomical materials. At the same time, development of appropriate legislation by complex groups of cross-disciplinary specialists

  11. AN ANALYSIS OF THE ROLE OF ECONOMIC ACTORS IN THE WTO DISPUTE SETTLEMENT SYSTEM: LEGAL OR POLITICAL ISSUE?

    Directory of Open Access Journals (Sweden)

    Intan Soeparna

    2015-10-01

    Full Text Available Economic actors are the main trade player in the World Trade Organization, although, the relation between WTO and economic actor is built by trade regulation that is negotiated among the WTO Members. Nothing in the WTO regulates economic actors to involve directly in the WTO, especially in the WTO dispute settlement system. Nevertheless, the debate amongst experts regarding the involvement of economic actors in the WTO dispute settlement system is unavoidable. This article therefore discusses the possibility of the involvement of economic actors in the WTO dispute settlement system, whether there is legal and political point of views

  12. 大學校院教師「違反聘約情節重大」案例暨相關法律問題探討 Research on Cases and Legal Issues Involved in College and University Teachers’ Serious Violation of Employment Contracts

    Directory of Open Access Journals (Sweden)

    黃源銘 Yuan-Ming Huang

    2016-12-01

    Full Text Available 晚近愈來愈多的司法裁判顯示,教師因違反聘約而遭學校停聘、解聘或不續聘,其中包括未經核准在外兼課、兼職、未能限期升等、未通過教師評鑑,以及未於規定年限取得博士學位⋯⋯等類型。《教師法》第14條第1項第14款規定:「違反聘約情節重大」構成停聘、解聘及不續聘之法律效果,上述事實雖可能「違反聘約」,但是否即屬「情節重大」不無疑問。本文首先歸納整理「違反聘約情節重大」之裁判類型;其次,就違反聘約情節重大得否由當事人於聘約中約定,以及違反聘約是否即屬情節重大等疑義,進行學說與實務之探討;再者,主管機關對違反聘約情節重大之核准權,究應採高密度之監督或低密度之審查一併進行檢討;最後,檢視司法裁判對於教師工作權保障之價值取捨並提出本文考察之心得。 A growing number of judicial cases have revealed that the violation of employment contracts by teachers could lead to dismissal or nonrenewal of contracts, which could result from unapproved side jobs, unsuccessful faculty promotion, failed faculty evaluation, or the inability to obtain a doctoral degree within the deadline. Although in Chapter III of the Teachers’ Act, Article 14-1 stipulates that teachers seriously violating employment contracts could be suspended, dismissed, or non-renewed, it still remains debatable whether the abovementioned are to be regarded as “serious violation”. To look into this issue, this paper first summarizes the adjudication of serious employment contract violation, and then explains the major actions constituting serious employment contract violation theoretically and practically. Further, the issue regarding whether the educational administrative authorities in validating the condition of “serious violation of employment contract” should be exercised by high-density super

  13. Law and Popular Culture: Current Legal Issues Volume 7 edited by Michael Freeman

    OpenAIRE

    Bradney, Professor Anthony

    2006-01-01

    As Fiss has put it, academics are in law schools, ‘to study law and teach their students what they happen to discover’ (‘‘Of Law and the River,’ and Nihilism and Academic Freedom’ (1985) 35 Journal of Legal Education 1 at p 26). The idea that all questions about legal phenomena that can be asked should be asked, that nothing should remain unexplored, is slowly being accepted in modern university law schools. Institutions that were once the repositories of ephemeral case-notes and palimpsest t...

  14. [Ethical, Legal, and Social Issues (ELSI) in Gambling Disorder and Its Treatment].

    Science.gov (United States)

    Moriyama, Nariakira

    2016-10-01

    Recently, the Ministry of Health, Labor and Welfare estimated the prevalence rate of gambling disorder to be 4.8 percent of the population. This rate is outstandingly higher than other countries with prevalence rates between 0.25 and 2.0 percent. It is also estimated that no fewer than 5 million Japanese suffer from the disease. In the last two years, 100 new patients visited the author's clinic. On an average, they started gambling at the age of 19.7 years, and incurring debt at the age of 25.8 years. They first visited the clinic at an average age of 38.2 years, and the average amount they had spent on gambling up to that point was 13 million yen. Twenty percent of them had taken some legal measures to reduce their burden from debts before seeking treatment. Sixty percent of pathological gamblers exclusively played pachinko and slot machine games. Patients who did not play on such machines accounted for no less than 2 percent of cases. This is not surprising, considering the fact that Japan has nearly 4.6 million pachinko and slot machines, which account for two thirds of the total electric gaming machines in the world. Japanese legislation does not regard pachinko and slot machines as gambling, but merely as gaming. Therefore, pachinko companies have no restrictions as such to promote their market. They can advertise freely in newspapers and TV commercials. Pachinko halls are filled with lighting, sounds, and visual effects to stimulate and excite gamblers. The harmful effects of gambling disorder include depression, loss of employment and friends, marital discord, fraud, embezzlement, theft in the family, and theft from non-family members. The most helpful therapy involves attending self-help group sessions at least once a week. One of the best-known self-help groups is Gamblers Anonymous (GA); there are 162 GA groups in Japan. The author believes there should be one GA group for every city across the nation. Unfortunately, psychiatrists, who should be taking

  15. Group Counseling in the Schools: Legal, Ethical, and Treatment Issues in School Practice

    Science.gov (United States)

    Crespi, Tony D.

    2009-01-01

    School psychologists are interested in providing effective and efficient direct services to children. With a wide spectrum of psychological problems impacting children, group counseling represents one viable and valuable intervention. Given the complexity of group counseling, many schools and school psychologists are interested in legal and…

  16. Insulin Administration in Catholic Schools: A New Look at Legal and Medical Issues

    Science.gov (United States)

    Huggins, Mike

    2015-01-01

    Anecdotal evidence indicates that more students with type 1 diabetes are enrolling in Catholic schools across the United States. Meeting the medical needs of these students appears to be a significant challenge--legally and logistically--for many Catholic schools. District officials, school leaders, and school staff need support to understand the…

  17. The no-nonsense guide to legal issues in web 2.0 and cloud computing

    CERN Document Server

    Oppenheim, Charles

    2012-01-01

    Offers an advice on getting the most out of web 2.0 and cloud computing. This book features practical working tool that makes the relevant legal principles simple to understand for those with little or no experience and common problems quick to solve when you're struggling with daily deadlines.

  18. Assistive Technology for Students with Disabilities: A Legal Analysis of Issues

    Science.gov (United States)

    Etscheidt, Susan Larson

    2016-01-01

    Individualized Education Program (IEP) teams are required by the Individuals with Disabilities Education Act (IDEA) to consider a student's need for assistive technology (AT). Despite this legal requirement, AT supports are often not available to students with disabilities. Many students with disabilities and their families have addressed the…

  19. Teaching via the Internet: A Brief Review of Copyright Law and Legal Issues.

    Science.gov (United States)

    Lan, Jiang; Dagley, Dave

    1999-01-01

    Focuses on legal problems related to copyright that might arise from teaching via the Internet. Discusses the basics of copyright law; owner's rights; subject matter of copyright; copyright requirements; infringement action and remedies; the fair-use doctrine; guidelines for classroom copying; two views about controls on the Internet; the White…

  20. The 2009 Influenza A(H1N1) Outbreak: Selected Legal Issues

    Science.gov (United States)

    2009-05-21

    primarily against marginalized, nonwhite persons underscores the need for legal oversight —if only so that affected communities can be assured of the absence...settings. Potential strategies and or guidance addressing telecommuting , alternative schedules, or modified operating hours for retail establishments

  1. HIV/AIDS and mental illness: ethical and medico-legal issues for ...

    African Journals Online (AJOL)

    QuickSilver

    Keywords: HIV/AIDS, Mental health, Ethical, Medico - legal. S Afr Psychiatry Rev 2003 ... Implementation of the Mental Health Care Act of 2002will entail a shift in attitudes .... (Act 17 of 2002). 13 Gauteng Health Department; Environmental and Occupational. Health and Safety Directorate: Memorandum: 7 April 2000. Guide-.

  2. The Educational Rights of Students: International Perspectives on Demystifying the Legal Issues

    Science.gov (United States)

    Russo, Charles J., Ed.; Stewart, Douglas J., Ed.; De Groof, Jan, Ed.

    2006-01-01

    Education law has emerged as an important concern to educators in many countries around the world. While there are similarities in the range of rights that students in various countries have, there are also many differences. This book provides a comprehensive examination the status of the legal rights of students in 13 international communities.…

  3. Brain imaging tests for chronic pain: medical, legal and ethical issues and recommendations.

    Science.gov (United States)

    Davis, Karen D; Flor, Herta; Greely, Henry T; Iannetti, Gian Domenico; Mackey, Sean; Ploner, Markus; Pustilnik, Amanda; Tracey, Irene; Treede, Rolf-Detlef; Wager, Tor D

    2017-10-01

    Chronic pain is the greatest source of disability globally and claims related to chronic pain feature in many insurance and medico-legal cases. Brain imaging (for example, functional MRI, PET, EEG and magnetoencephalography) is widely considered to have potential for diagnosis, prognostication, and prediction of treatment outcome in patients with chronic pain. In this Consensus Statement, a presidential task force of the International Association for the Study of Pain examines the capabilities of brain imaging in the diagnosis of chronic pain, and the ethical and legal implications of its use in this way. The task force emphasizes that the use of brain imaging in this context is in a discovery phase, but has the potential to increase our understanding of the neural underpinnings of chronic pain, inform the development of therapeutic agents, and predict treatment outcomes for use in personalized pain management. The task force proposes standards of evidence that must be satisfied before any brain imaging measure can be considered suitable for clinical or legal purposes. The admissibility of such evidence in legal cases also strongly depends on laws that vary between jurisdictions. For these reasons, the task force concludes that the use of brain imaging findings to support or dispute a claim of chronic pain - effectively as a pain lie detector - is not warranted, but that imaging should be used to further our understanding of the mechanisms underlying pain.

  4. The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues.

    Science.gov (United States)

    Charlebois, Kathleen; Palmour, Nicole; Knoppers, Bartha Maria

    2016-01-01

    This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI) theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1) Getting comfortable with cloud computing; 2) Weighing the advantages and the risks of cloud computing; 3) Reconciling cloud computing with data privacy; 4) Maintaining trust and 5) Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers' perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers' legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients' control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale.

  5. The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues.

    Directory of Open Access Journals (Sweden)

    Kathleen Charlebois

    Full Text Available This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1 Getting comfortable with cloud computing; 2 Weighing the advantages and the risks of cloud computing; 3 Reconciling cloud computing with data privacy; 4 Maintaining trust and 5 Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers' perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers' legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients' control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale.

  6. The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues

    Science.gov (United States)

    Charlebois, Kathleen; Palmour, Nicole; Knoppers, Bartha Maria

    2016-01-01

    This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI) theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1) Getting comfortable with cloud computing; 2) Weighing the advantages and the risks of cloud computing; 3) Reconciling cloud computing with data privacy; 4) Maintaining trust and 5) Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers’ perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers’ legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients’ control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale. PMID:27755563

  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. Legal assessment tool (LAT): an interactive tool to address privacy and data protection issues for data sharing.

    Science.gov (United States)

    Kuchinke, Wolfgang; Krauth, Christian; Bergmann, René; Karakoyun, Töresin; Woollard, Astrid; Schluender, Irene; Braasch, Benjamin; Eckert, Martin; Ohmann, Christian

    2016-07-07

    In an unprecedented rate data in the life sciences is generated and stored in many different databases. An ever increasing part of this data is human health data and therefore falls under data protected by legal regulations. As part of the BioMedBridges project, which created infrastructures that connect more than 10 ESFRI research infrastructures (RI), the legal and ethical prerequisites of data sharing were examined employing a novel and pragmatic approach. We employed concepts from computer science to create legal requirement clusters that enable legal interoperability between databases for the areas of data protection, data security, Intellectual Property (IP) and security of biosample data. We analysed and extracted access rules and constraints from all data providers (databases) involved in the building of data bridges covering many of Europe's most important databases. These requirement clusters were applied to five usage scenarios representing the data flow in different data bridges: Image bridge, Phenotype data bridge, Personalised medicine data bridge, Structural data bridge, and Biosample data bridge. A matrix was built to relate the important concepts from data protection regulations (e.g. pseudonymisation, identifyability, access control, consent management) with the results of the requirement clusters. An interactive user interface for querying the matrix for requirements necessary for compliant data sharing was created. To guide researchers without the need for legal expert knowledge through legal requirements, an interactive tool, the Legal Assessment Tool (LAT), was developed. LAT provides researchers interactively with a selection process to characterise the involved types of data and databases and provides suitable requirements and recommendations for concrete data access and sharing situations. The results provided by LAT are based on an analysis of the data access and sharing conditions for different kinds of data of major databases in Europe

  9. Exploring Contemporary Legal Issues in Schools from a Social Justice Frame: The Need for Ongoing Professional Development and Training for Practicing Educational Leaders

    Science.gov (United States)

    Brackett, David A.; Perreault, George; Sparkman, William; Thornton, Billy W.; Barclay, Nicholas

    2014-01-01

    Most educational leadership preparation programs include classes designed to provide a broad survey of legal issues in the profession. Soon after these future leaders complete course requirements, their knowledge base can be outdated. We discuss, through relevant research along with theoretical and actual case studies, contemporary legal issues…

  10. Choosing between possible lives: legal and ethical issues in preimplantation genetic diagnosis.

    Science.gov (United States)

    Scott, Rosamund

    2006-01-01

    This article critically appraises the current legal scope of the principal applications of preimplantation genetic diagnosis (PGD). This relatively new technique, which is available to some parents undergoing in vitro fertilization (IVF) treatment, aims to ensure that a child is not born with a seemingly undesirable genetic condition. The question addressed here is whether there should be serious reasons to test for genetic conditions in embryos in order to be able to select between them. The Human Fertilisation and Embryology Authority and the Human Genetics Commission have decided that there should be such reasons by broadly aligning the criteria for PGD with those for selective abortion. This stance is critically explored, as are its implications for the possible use of PGD to select either against or for marginal features or for significant traits. The government is currently reviewing the legal scope and regulation of PGD.

  11. Legal and ethical issues of using brain imaging to diagnose pain

    Directory of Open Access Journals (Sweden)

    Karen D. Davis

    2016-10-01

    Full Text Available Abstract. Pain, by definition, is a subjective experience, and as such its presence has usually been based on a self-report. However, limitations of self-reports for pain diagnostics, particularly for legal and insurance purposes, has led some to consider a brain-imaging–based objective measure of pain. This review will provide an overview of (1 differences between pain and nociception, (2 intersubject variability in pain perception and the associated brain structures and functional circuits, and (3 capabilities and limitations of current brain-imaging technologies. I then discuss how these factors impact objective proxies of pain. Finally, the ethical, privacy, and legal implications of a brain-imaging–based objective measure of pain are considered as potential future technological developments necessary to create a so-called “painometer test.”

  12. LEGAL ISSUES IN SHARI’A PAWN GOLD PRACTICE IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Lastuti Abubakar

    2017-12-01

    Full Text Available In the past few years there is a trend of applying Islamic concept in Indonesia’s economic system and it has implications to existing legal system whereby new legal system should accommodate the changes. One of the institutions that uses both conventional and shari’a system in Indonesia is  pawning as an alternative financing mechanism, particularly for micro and consumption sectors. In practice, the function of pawning as financing instrument has shifted into investment by continuously doing pawning and buying. As a result, people who really need fund for financing are not facilitated.  The current regulation has allowed this practice for banks, pawnshops and financial institutions to offer pawn gold that is not for financing activity but for investment activity. Therefore, it raised  a question whether this activity is complying with the shari’a principles. What kind of regulations that can make the function of pawning back to its original purpose as financing mechanism. This study uses normative juridical approach by using secondary data from the legal resources, with specification of research methods using descriptive analysis whereas data are qualitatively described. The findings from this study reveal that the practice of pawning gold in Indonesia has not been fully consistent with the pawning function, therefore; it requires appropriate regulation so that the original function as the alternative financing for households and small medium enterprises (SMEs is not shifted to gold investment vehicles. Pawning gold is expected to be complementary to the businesses and households in terms of financing that cannot be fulfilled by the banks and other financial institutions.   Keywords: Pawn Gold, Legal Pawning, Shari’a

  13. Cloning: A Review on Bioethics, Legal, Jurisprudence and Regenerative Issues in Iran

    Science.gov (United States)

    Nabavizadeh, Seyedeh Leila; Mehrabani, Davood; Vahedi, Zabihallah; Manafi, Farzad

    2016-01-01

    In recent years, the cloning technology has remarkably developed in Iran, but unfortunately, the required legal framework has not been created to support and protect such developments yet. This legal gap may lead to abuse of scientific researches to obtain illegal benefits and to undermine the intellectual property rights of scientists and researchers. Thus to prevent such consequences, the attempts should be made to create an appropriate legal-ethical system and an approved comprehensive law. In this review we concluded that the right method is guiding and controlling the cloning technology and banning the technique is not always fruitful. Of course, it should be taken into accounts that all are possible if the religion orders human cloning in the view of jurisprudence and is considered as permission. In other words, although the religious order on human cloning can be an absolute permission based on the strong principle of permission, it is not unlikely that in the future, corruption is proved to be real for them, Jurists rule it as secondary sanctity and even as primary one. If it is proved, the phenomenon is considered as example of required affairs based on creation of ethical, social and medical disorders, religious and ethical rulings cannot be as permission for it, and it seems that it is a point that only one case can be a response to it and it needs nothing but time. PMID:27853684

  14. Cloning: A Review on Bioethics, Legal, Jurisprudence and Regenerative Issues in Iran.

    Science.gov (United States)

    Nabavizadeh, Seyedeh Leila; Mehrabani, Davood; Vahedi, Zabihallah; Manafi, Farzad

    2016-09-01

    In recent years, the cloning technology has remarkably developed in Iran, but unfortunately, the required legal framework has not been created to support and protect such developments yet. This legal gap may lead to abuse of scientific researches to obtain illegal benefits and to undermine the intellectual property rights of scientists and researchers. Thus to prevent such consequences, the attempts should be made to create an appropriate legal-ethical system and an approved comprehensive law. In this review we concluded that the right method is guiding and controlling the cloning technology and banning the technique is not always fruitful. Of course, it should be taken into accounts that all are possible if the religion orders human cloning in the view of jurisprudence and is considered as permission. In other words, although the religious order on human cloning can be an absolute permission based on the strong principle of permission, it is not unlikely that in the future, corruption is proved to be real for them, Jurists rule it as secondary sanctity and even as primary one. If it is proved, the phenomenon is considered as example of required affairs based on creation of ethical, social and medical disorders, religious and ethical rulings cannot be as permission for it, and it seems that it is a point that only one case can be a response to it and it needs nothing but time.

  15. Ethical, legal and social issues in the context of the planning stages of the Southern African Human Genome Programme.

    Science.gov (United States)

    de Vries, Jantina; Slabbert, Melodie; Pepper, Michael S

    2012-03-01

    As the focus on the origin of modern man appears to be moving from eastern to southern Africa, it is recognised that indigenous populations in southern Africa may be the most genetically diverse on the planet and hence a valuable resource for human genetic diversity studies. In order to build regional capacity for the generation, analysis and application of genomic data, the Southern African Human Genome Programme was recently launched with the aid of seed funding from the national Department of Science and Technology in South Africa. The purpose of the article is to investigate pertinent ethical, legal and social issues that have emerged during the planning stages of the Southern African Human Genome Programme. A careful consideration of key issues such as public perception of genomic research, issues relating to genetic and genomic discrimination and stigmatisation, informed consent, privacy and data protection, and the concept of genomic sovereignty, is of paramount importance in the early stages of the Programme. This article will also consider the present legal framework governing genomic research in South Africa and will conclude with proposals regarding such a framework for the future.

  16. Legal rights, efficiency and citizen involvement in the administration of social security cash benefits

    DEFF Research Database (Denmark)

    Von Hielmcrone, Nina

    2010-01-01

    for the accretion of new special rules. They merely have to be coded into the system. The government’s modernisation programme has been carried out at the expense of transparency and the legal rights of the citizens. This article deals with Danish legislation; the mechanisms in question are common not only......The Danish social security legislation has been distinguished in recent years by an intense growth in rules and regulations. Numerous laws and ordinances have been promulgated, which make it extremely difficult for both citizens and authorities to come to grips with the laws, much less to gain...... to a vast growth in very detailed and complex rules and thereby lack of transparency for citizens and social workers. The fact that benefits are administered with the aid of computers means that neither administrators nor politicians find the abundance of rules to be a problem, and no limits are thereby set...

  17. Disciplining handicapped students: legal issues in light of Honig v. Doe.

    Science.gov (United States)

    Bartlett, L

    1989-01-01

    Court decisions interpreting the effect of the education for All Handicapped children Act on traditional forms of public school discipline have raised many question. This article reviews these decisions and confirms that most forms of minor disciplinary remedies remain available to educators so long as they are also used with nonhandicapped students. However, many legal problems arise with expulsion and long-term, or indefinite, suspensions of handicapped students, especially in the light of the recent Supreme court ruling regarding the expulsion of handicapped students.

  18. Professional, legal, and ethical issues raised by behavioral screening for unescorted access to nuclear power plants

    International Nuclear Information System (INIS)

    Hurst, M.W.; Roiter, W.A.

    1985-01-01

    Potential professional, legal, and ethical liabilities are addressed concerning the overall process for unescorted access at nuclear power plants. The authors suggest means by which action can be taken to reduce liability on behalf of utilities, contractors, and behavioral evaluators. Three main points are discussed based on the authors' experience in conducting behavioral evaluations and defending those evaluations. The authors hope that the process of evaluation screening can become more professional and will be considered with the same quality controls as the selection of materials and the building of a nuclear power plant

  19. 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.

  20. BOT Contract through the optics of Albanian legal provisions - Issues of the implementation and transfer framework

    Directory of Open Access Journals (Sweden)

    Entela Prifti

    2016-07-01

    Full Text Available The last years have resulted in an increase of concession contracts in Albania, followed by a revised modern legal framework. Beside the debate on whether the government should perform most of the activities itself instead of giving them to the private sector through a concession contract, the concession contracts are nowadays a reality and as such they should be studied and analysed carefully. The scope of this article is limited to the provisions of the Albanian legislation and its approach to the international provisions regarding BOT (build – operate - transfer concession contract. A detailed analyse will drive to the conclusionas to what extent the Albanian concession legislation does compile with the international accepted principles of Public Private Partnership concerning mainly implementation and transfer phase of a BOT contract. Albanian Public Private Partnershiplegislation has gone through many revisions and amendments during the last twenty years, resulting in a challenging situation for everybody that deals with any aspects of a concession. Having a detailed understanding of the legal provisions is indeed the core element toward a successful implementation process of any concession, resulting in the highest profitability for concession parties, the public entity and the private investor, and consequently culminating to the best interest of the population.

  1. Legal and regulatory issues regarding classification and disposal of wastes from actinide partitioning and transmutation

    International Nuclear Information System (INIS)

    Kocher, D.C.

    1989-01-01

    Partitioning and transmutation of actinide radioelements in spent nuclear fuel from civilian power reactors is potentially attractive because the resulting wastes might be acceptable for disposal using systems which are considerably less costly than a deep geologic repository. At present, there are no legal or regulatory prohibitions to seeking alternatives to a geologic repository for disposal of such wastes. However, additional laws and regulations would be needed, and the Nuclear Regulatory Commission has been reluctant to alter the current framework for radioactive waste management, in which geologic repositories or near-surface facilities are the only disposal options established in law and regulations unless a compelling need for alternatives with intermediate waste-isolation capabilities is demonstrated. There are also important technical considerations which are not encouraging with regard to the development of intermediate disposal systems for wastes from partitioning and transmutation of actinides in civilian spent fuel. First, the wastes may contain sufficient concentrations of fission products. Second, defense reprocessing wastes may contain sufficient concentrations of fission products and long-lived actinides. Thus, in developing the legal and regulatory framework for alternative disposal systems, there is a need to establish maximum concentrations of fission products and long-lived actinides that would be acceptable for intermediate disposal. 19 refs

  2. Massively parallel sequencing and the emergence of forensic genomics: Defining the policy and legal issues for law enforcement.

    Science.gov (United States)

    Scudder, Nathan; McNevin, Dennis; Kelty, Sally F; Walsh, Simon J; Robertson, James

    2018-03-01

    Use of DNA in forensic science will be significantly influenced by new technology in coming years. Massively parallel sequencing and forensic genomics will hasten the broadening of forensic DNA analysis beyond short tandem repeats for identity towards a wider array of genetic markers, in applications as diverse as predictive phenotyping, ancestry assignment, and full mitochondrial genome analysis. With these new applications come a range of legal and policy implications, as forensic science touches on areas as diverse as 'big data', privacy and protected health information. Although these applications have the potential to make a more immediate and decisive forensic intelligence contribution to criminal investigations, they raise policy issues that will require detailed consideration if this potential is to be realised. The purpose of this paper is to identify the scope of the issues that will confront forensic and user communities. Copyright © 2017 The Chartered Society of Forensic Sciences. All rights reserved.

  3. 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

  4. Electronic health records, adoption, quality of care, legal and privacy issues and their implementation in emergency departments.

    Science.gov (United States)

    Ben-Assuli, Ofir

    2015-03-01

    Recently, the healthcare sector has shown a growing interest in information technologies. Two popular health IT (HIT) products are the electronic health record (EHR) and health information exchange (HIE) networks. The introduction of these tools is believed to improve care, but has also raised some important questions and legal and privacy issues. The implementation of these systems has not gone smoothly, and still faces some considerable barriers. This article reviews EHR and HIE to address these obstacles, and analyzes the current state of development and adoption in various countries around the world. Moreover, legal and ethical concerns that may be encountered by EHR users and purchasers are reviewed. Finally, links and interrelations between EHR and HIE and several quality of care issues in today's healthcare domain are examined with a focus on EHR and HIE in the emergency department (ED), whose unique characteristics makes it an environment in which the implementation of such technology may be a major contributor to health, but also faces substantial challenges. The paper ends with a discussion of specific policy implications and recommendations based on an examination of the current limitations of these systems. Copyright © 2014 Elsevier Ireland Ltd. All rights reserved.

  5. Protection of children's rights in the health care: problems and legal issues.

    Science.gov (United States)

    Pashkov, Vitaliy; Olefir, Andrii

    Introduction: Among all categories of patients children (minors) must be protected first. It is caused so by the specificity of the treatment, their vulnerability, the need of further protection and supervision. Providing of medical care services for children are often connected with the risks of the process of treatment, and of the drug usage. The aim: To identify the problems associated with the protection of the rights of minors and, on the basis of this, the basic guarantees of their rights, as well as mark the trends in the practice of ECHR. Materials and Methods: The study is based on its own theoretical and empirical basis. The theoretical basis include scientific articles, expert reviews of legislation and communications of non-governmental organisations, and empirical - decisions of the ECHR, international legal acts and directives of the EU. Results: The main violations of the rights of minor children include the following: - legal representatives of children do not take to the account their interests (refusal of medical intervention or the choice of certain method of interference); - medical intervention under the influence of coercion; - providing of unwarranted medical care without the corresponding testimony; - providing of inadequate medical care: when the patient was only examined and ineffective treatment was prescribed, and others. As for mentally ill children, the following rights are usually violated: for life, for a fair trial. It has been proved that defects in the provision of health care are often predetermined by the poor state logistics of hospitals, lack of financing and appropriate pediatric medicines, outdated methods of treatment, and incompetence of some doctors. Conclusions: From the point of view of protecting the rights of minors, the rights of children in medicine can be classified into universal and special. The rights correspond not only to the corresponding duties of medical staff, but also of their parents (legal

  6. The differing perspectives of workers and occupational medicine physicians on the ethical, legal and social issues of genetic testing in the workplace.

    Science.gov (United States)

    Brandt-Rauf, Sherry I; Brandt-Rauf, Elka; Gershon, Robyn; Brandt-Rauf, Paul W

    2011-01-01

    Genetic testing in the workplace holds the promise of improving worker health but also raises ethical, legal, and social issues. In considering such testing, it is critical to understand the perspectives of workers, who are most directly affected by it, and occupational health professionals, who are often directly involved in its implementation. Therefore, a series of focus groups of unionized workers (n=25) and occupational medicine physicians (n=23) was conducted. The results demonstrated strikingly different perspectives of workers and physicians in several key areas, including the goals and appropriateness of genetic testing, and methods to minimize its risks. In general, workers were guided by a profound mistrust of the employer, physician, and government, while physicians were guided primarily by scientific and medical concerns, and, in many cases, by the business concerns distrusted by the workers.

  7. [The issue of medico-legal assessment of noise induced hearing loss: comparison of methods].

    Science.gov (United States)

    Bosio, D; Coggiola, M; Baracco, A; Andreis, P; Perrelli, F

    2011-01-01

    Audiogram classification is crucial for hearing protection of workers occupationally exposed to noise. The methods that have been proposed are based on two principles: the morphological evaluation of the audiometric curve (eg. Merluzzi-Pira-Bosio--MPB) or the average hearing loss on different frequencies (eg. Albera-Beatrice--AB). The purpose of this study was to classify audiograms compatible with chronic acoustic trauma performed at the Occupational Medicine Outpatient Clinic of CTO Hospital in Turin from 2004 to 2011 with the methods outlined in Guidelines published by SIMLII. A substantial agreement among the methods was observed. While MPB is the most appropriate method for secondary prevention, the AB would seem more appropriate for the verification of a permanent weakening that has to be reported to the competent legal authorities.

  8. Legal issues in the development and use of clinical practice guidelines.

    Science.gov (United States)

    Gevers, S

    2001-01-01

    Over the last ten years, the development and dissemination of practice guidelines has increased at a rapid pace. From a legal point of view, it should always be made clear whether a guideline has been developed to improve the quality of care and is based on medical evidence and professional experience, or whether other concerns and considerations (organisational, financial) did prevail. Guidelines should not simply be imposed on health professionals; that would result in a standardisation of care that does no justice to individual patient needs and preferences. Patients have the right to be informed about reasonable and realistic treatment alternatives, even if they are not included in the guideline. Using cost effectiveness analysis in guideline development can help to reduce care of dubious effectiveness. But if cost considerations are used as a reason to limit effective medical care, the guidelines in question need political legitimation.

  9. Legal issues relating to the use of surrogate mothers in the practice ...

    African Journals Online (AJOL)

    South African Journal of Bioethics and Law. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 5, No 1 (2012) >. Log in or Register to get access to full text downloads.

  10. Moral and Legal Issues Surrounding Terminal Sedation and Physician Assisted Suicide

    National Research Council Canada - National Science Library

    Bradley, Constance

    2002-01-01

    Assisted suicide has been an issue for terminally ill patients for many years. This is because patients who suffer from terminal illnesses are forced to make difficult choices at the end of their lives...

  11. The ethical and medico-legal issues of trauma care | Hardcastle ...

    African Journals Online (AJOL)

    Abstract. Ethical issues confront trauma clinicians on a daily basis. This article highlights the similarities of trauma ethical dilemmas to those faced by other emergency care providers and takes the reader through the inpatient aspects of trauma care.

  12. LLW Notes Supplement, May/June 1994: Ward Valley, California: Legal issues in summary

    International Nuclear Information System (INIS)

    Norris, C.; Lovinger, T.

    1994-01-01

    This document is a digest of the major issues raised by the petitioners for the superior court's consideration and of the responses to those issues that were supplied by the state respondents. The issues have been extracted from a joint memorandum filed by the petitioners on March 9. The responses are taken from the state respondents' April 6 memorandum. The superior court's decision about the merit of each issue - as reported in the court's May 4 order - is also included. This information is necessarily summary in nature. Persons interested in a detailed explanation of these lawsuits are directed to the parties' memorandums of March 9 and April 6, as well as to the court's May 4 order

  13. Perceptions of legally mandated public involvement processes in the U.S. Forest Service

    Science.gov (United States)

    S. Andrew Predmore; Marc J. Stern; Michael J. Mortimer; David N. Seesholtz

    2011-01-01

    Results from an agency-wide survey of U.S. Forest Service personnel indicate that respondents in our sample engage in National Environmental Policy Act (NEPA) public involvement processes primarily to accomplish two goals. The most commonly supported goal was to inform and disclose as mandated by the act. The other goal reflected interests in managing agency...

  14. Legal considerations involving chemical control of iron and other deficiencies in plants

    Energy Technology Data Exchange (ETDEWEB)

    Wallace, A; Samman, Y. S.

    1981-01-01

    Four cases of lawsuits involving use of chelating agents in plant nutrition are discussed. Three of them involved use of iron. One concerned addition of FeDTPA to nursery trees in containers. One case involved foliar application of FeHEDTA to potatoes in July by airplane. Another case not involving iron chelate was with ZnEDTA and MnEDTA with Fe as FeSO/sub 4/ later as a foliar spray. The Zn and MnEDTA were applied as a band 8 inches (20 cm) on both sides of nursery tree rows just as the buds that had been placed in the fall began growing in the spring. In the fourth case, many tomato transplants died when the transplanting was done with about 120 ml per plant of transplant solution containing besides N, P and K, about 19 mg Zn as ZnEDTA, 14 mg Mn as MnEDTA and 7 mg Fe as FeHEDTA. Cases such as these will probably discourage use of chelating agents in plant nutrition even if the chelating agents were not the damaging agent. Not enough developmental work was done on the potential toxicities from metal chelates. This trend to lawsuits makes it even more important to solve iron chlorosis problems via plant breeding.

  15. Public involvement in environmental, safety and health issues at the DOE Nuclear Weapons Complex

    International Nuclear Information System (INIS)

    Taylor, Laura L.; Morgan, Robert P.

    1992-01-01

    The state of public involvement in environmental, safety, and health issues at the DOE Nuclear Weapons Complex is assessed through identification of existing opportunities for public involvement and through interviews with representatives of ten local citizen groups active in these issues at weapons facilities in their communities. A framework for analyzing existing means of public involvement is developed. On the whole, opportunities for public involvement are inadequate. Provisions for public involvement are lacking in several key stages of the decision-making process. Consequently, adversarial means of public involvement have generally been more effective than cooperative means in motivating change in the Weapons Complex. Citizen advisory boards, both on the local and national level, may provide a means of improving public involvement in Weapons Complex issues. (author)

  16. Practice paper of the Academy of Nutrition and Dietetics abstract: ethical and legal issues of feeding and hydration.

    Science.gov (United States)

    Schwartz, Denise Baird; Posthauer, Mary Ellen; O'Sullivan Maillet, Julie

    2013-07-01

    It is the position of the Academy of Nutrition and Dietetics that individuals have the right to request or refuse nutrition and hydration as medical treatment. Registered dietitians should work collaboratively as part of an interprofessional team to make recommendations on providing, withdrawing, or withholding nutrition and hydration in individual cases and serve as active members of institutional ethics committees. This practice paper provides a proactive, integrated, systematic process to implement the Academy's position. The position and practice papers should be used together to address the history and supporting information of ethical and legal issues of feeding and hydration identified by the Academy. Elements of collaborative ethical deliberation are provided for pediatrics and adults and in different conditions. The process of ethical deliberation is presented with the roles and responsibilities of the registered dietitian and the dietetic technician, registered. Understanding the importance and applying concepts dealing with cultural values and religious diversity is necessary to integrate clinical ethics into nutrition care. Incorporating screening for quality-of-life goals is essential before implementing the Nutrition Care Process and improving health literacy with individual interactions. Developing institution-specific policies and procedures is necessary to accelerate the practice change with artificial nutrition, clinical ethics, and quality improvement projects to determine best practice. This paper supports the "Position of the Academy of Nutrition and Dietetics: Ethical and Legal Issues of Feeding and Hydration" published in the June 2013 issue of the Journal of the Academy of Nutrition and Dietetics. Copyright © 2013 Academy of Nutrition and Dietetics. Published by Elsevier Inc. All rights reserved.

  17. Current legal issues of European integration in the area of peaceful uses of nuclear energy

    International Nuclear Information System (INIS)

    Handrlica, Jakub

    2009-01-01

    The main issues of current discussions concerning the status of European integration in the area of peaceful uses of nuclear energy are described with focus on the present and future of the EURATOM Treaty. The basic features of the EURATOM Treaty are highlighted and those issues which are currently subject to discussion in foreign literature (e.g. EURATOM's legitimacy, specification of competencies, obsolete provisions, etc.) are pointed out. The major attempts to reform the wording of the EURATOM Treaty and the relevance of the Treaty to its Member States in the future, in relation to the 'Nuclear New Build' in particular, are also described. (orig.)

  18. Consumers devise drug cost-cutting measures: medical and legal issues to consider.

    Science.gov (United States)

    Ganguli, Gouranga

    2003-01-01

    Health care costs in general, and prescription drug costs in particular, are rapidly rising. Between 1996 and 2007 the average annual per capita health care cost is projected to increase from dollar 3,781 to dollar 7,100. [AQ1] The single leading component of health care cost is the cost of prescription drugs (currently 10% of total health care spending, projected to become 18% in 2008). The average cost per drug increased 40% during the 1993-1998 period. Forty-one million Americans have no health insurance, and those who have, have inadequate prescription drug coverage. [AQ2] To cope with this situation, many consumers are trying to economize by doing without the prescriptions or the appropriate doses, buying generics or medicines from Canada or Mexico, or splitting pills of higher doses to take advantage of the pricing policy of drug manufacturers. Some of these approaches are medically and/or legally acceptable, while some are dubious. Most adversely affected are the seniors and poor; for certain groups of seniors prescription drugs account for 30% of their health care spending. The problem must receive prompt concerted attention from consumers, insurers, pharmaceutical companies, and lawmakers before it gets out of hand.

  19. Experimental liver fibrosis research: update on animal models, legal issues and translational aspects

    Science.gov (United States)

    2013-01-01

    Liver fibrosis is defined as excessive extracellular matrix deposition and is based on complex interactions between matrix-producing hepatic stellate cells and an abundance of liver-resident and infiltrating cells. Investigation of these processes requires in vitro and in vivo experimental work in animals. However, the use of animals in translational research will be increasingly challenged, at least in countries of the European Union, because of the adoption of new animal welfare rules in 2013. These rules will create an urgent need for optimized standard operating procedures regarding animal experimentation and improved international communication in the liver fibrosis community. This review gives an update on current animal models, techniques and underlying pathomechanisms with the aim of fostering a critical discussion of the limitations and potential of up-to-date animal experimentation. We discuss potential complications in experimental liver fibrosis and provide examples of how the findings of studies in which these models are used can be translated to human disease and therapy. In this review, we want to motivate the international community to design more standardized animal models which might help to address the legally requested replacement, refinement and reduction of animals in fibrosis research. PMID:24274743

  20. Legal issues of the natural gas regulation; Aspectos juridicos da regulacao do gas natural

    Energy Technology Data Exchange (ETDEWEB)

    Soares, Adriano; Nunes, Alessandro; Nascimento, Juliana; Gois, Luciana; Jardim, Mariana; Moura, Tacio; Campos, Vitor [Universidade do Estado do Rio de Janeiro (UERJ), RJ (Brazil). Faculdade de Direito

    2004-07-01

    The present essay analyses a new type of economic intervention of the Brazilian State, by means of overcoming his interventionist position with the opening to private wealth. This creates the need of State fiscalization, which is done by creating the regulatory agencies. Focussing the current regulatory model, the role ANP plays is distinguished in its regulatory, fiscalization and fomenter of gas-related activities functions, established as federal scope. Equally important is the analysis of state sphere activities and guardianship assigned by the Constitution, in its article 25, para. 2nd, to states that now need forensic basement to be able to explore the local service of canalized gas. In this context, a comparative model of the role played by the state regulatory agencies has been created concerning the states of Rio de Janeiro and Sao Paulo. It is, therefore, perceivable, by means of this study, the necessity to review the current regulatory model and legal dispositions, which, because of its lack of peculiarity, leaves gaps that will be filled in by this regulatory agent. (author)

  1. Legal issues associated with opting out of the use of nuclear power

    International Nuclear Information System (INIS)

    Butzke, K.; Storr, S.

    2000-01-01

    The article is a summary of a conference held at Jena University at which the political issues of opting out of using nuclear power were scrutinized under aspects of (constitutional) law. The results of the conference were summed up in the Jena Theses about Opting out of the use of Nuclear Power. (orig.) [de

  2. Alkem instruction: Legal relief of a Federal State against instructions under the Atomic Energy Act issued by the Federal Government

    International Nuclear Information System (INIS)

    Steinberg, R.

    1987-01-01

    The German Federal Minister for the Environment, Protection of Nature, and Reactor Safety instructed the Hesse State Minister for Economics and Technology to grant the applications filed by Alkem GmbH for a first partial permit of the construction and operation of a fuel element factory, and to grant it on the basis of a draft working document discussed between the two ministries. The new feature is the refusal of the Hesse State Minister to follow these instructions. This has given rise to a conflict between the State and Federal Governments. The article deals with one aspect of the multifaceted legal controversy, i.e., the question of the possibilities of legal relief open to a Federal State against an instruction under the Atomic Energy Act issued by the Federal Government. First, the rank of this instruction within the scope of administration on behalf of the Federal Government will be discussed. Next, the central problem of the preconditions under which an instruction may violate rights of a Federal State will be investigated. Finally, the possibilities of litigation will be briefly referred to. (orig./HP) [de

  3. AN ACUTE QUEENING MOVE FOR CHINA'S TAXATION LEGAL REFORM: ISSUES AND PROPOSALS

    Institute of Scientific and Technical Information of China (English)

    HU Tianlong

    2016-01-01

    China's fiscal and taxation law reform is at a critical stage since Chinese economy development needs to consider compromising interests and conflicts from all sources,such as the social benefit network,real estate industry avidity,internationalizing currencies,fostering a philanthropic culture,and growing as a leader in the world market.These undertakings all demand a modern,handy fiscal and taxation law system.On the other hand,after two decades of implementation of the 1994 tax sharing system,the original initiative of strengthening centralized control might not keep pace with the needs of balancing decentralization and local financing demands,in addition to the troublesome taxpayers' protection,tax judicature reform,and worsening environmental irregularities.Admittedly,China's fiscal and taxation law reform faces new challenges and incentives.Rigorous international tax frameworks and multi-jurisdictional cooperation drive China to respond as an international trade giant and a responsible game player.Such international tax policy orientations create another layer of incentives and necessity for China to fme-tune its domestic fiscal and taxation legal framework,ranging from promotion of free trade zones,global sourcing practice and supply chain management,renegotiation of outdated tax treaty articles,more active participation in consequential overseas investments,to WTO Protocol compliance review,and international tax dispute resolution.Therefore,this article argues that,no matter the extent to which feasible,plausible or pragmatic proposals are presented,a top level architecting and a serious pursuit to upgrade citizens' livelihood must be prioritized in earnest.

  4. Implementation of minimal invasive gynaecological surgery certification will challenge gynaecologists with new legal and ethical issues.

    Science.gov (United States)

    Tanos, V; Socolov, R; Demetriou, P; Kyprianou, M; Watrelot, A; Van Belle, Y; Campo, R

    2016-06-27

    The introduction of a certification / diploma program in Minimal Invasive Surgery (MIS) is expected to improve surgical performance, patient's safety and outcome. The Gynaecological Endoscopic Surgical Education and Assessment programme (GESEA) and the ESHRE Certification for Reproductive Endoscopic Surgery (ECRES) provides a structured learning path, recognising different pillars of competence. In order to achieve a high level of competence a two steps validation is necessary: (a) the individual should be certified of having the appropriate theoretical knowledge and (b) the endoscopic psychomotor skills before entering in the diploma programme reflecting the surgical competence. The influence of such an educational and credentialing path could improve safety and offer financial benefits to the hospitals, physicians and healthcare authorities. Moreover the medicolegal consequences can be important when a significant amount of surgeons possess the different diplomas. As the programs are becoming universally accessible, recognised as the best scientific standard, included in the continuous medical education (CME) and continuous professional development (CPD), it is expected that a significant number of surgeons will soon accomplish the diploma path. The co-existence and practice of both non-certified and certified surgeons with different degrees of experience is unavoidable. However, it is expected that national health systems (NHS), hospitals and insurance companies will demand and hire doctors with high and specific proficiency to endoscopic surgery. When medico-legal cases are under investigation, the experts should be aware of the limitations that individual experience provides. The court first of all examines and then judges if there is negligence and decides accordingly. However, lack of certification may be considered as negligence by a surgeon operating a case that eventual faces litigation problems. Patients' safety and objective preoperative counselling are

  5. Implementation of minimal invasive gynaecological surgery certification will challenge gynaecologists with new legal and ethical issues

    Science.gov (United States)

    Tanos, V; Socolov, R; Demetriou, P; Kyprianou, M; Watrelot, A; Van Belle, Y; Campo, R

    2016-01-01

    Abstract The introduction of a certification / diploma program in Minimal Invasive Surgery (MIS) is expected to improve surgical performance, patient’s safety and outcome. The Gynaecological Endoscopic Surgical Education and Assessment programme (GESEA) and the ESHRE Certification for Reproductive Endoscopic Surgery (ECRES) provides a structured learning path, recognising different pillars of competence. In order to achieve a high level of competence a two steps validation is necessary: (a) the individual should be certified of having the appropriate theoretical knowledge and (b) the endoscopic psychomotor skills before entering in the diploma programme reflecting the surgical competence. The influence of such an educational and credentialing path could improve safety and offer financial benefits to the hospitals, physicians and healthcare authorities. Moreover the medicolegal consequences can be important when a significant amount of surgeons possess the different diplomas. As the programs are becoming universally accessible, recognised as the best scientific standard, included in the continuous medical education (CME) and continuous professional development (CPD), it is expected that a significant number of surgeons will soon accomplish the diploma path. The co-existence and practice of both non-certified and certified surgeons with different degrees of experience is unavoidable. However, it is expected that national health systems (NHS), hospitals and insurance companies will demand and hire doctors with high and specific proficiency to endoscopic surgery. When medico-legal cases are under investigation, the experts should be aware of the limitations that individual experience provides. The court first of all examines and then judges if there is negligence and decides accordingly. However, lack of certification may be considered as negligence by a surgeon operating a case that eventual faces litigation problems. Patients’ safety and objective preoperative

  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. Legal and tax issues of Eastern European oil and gas investment

    International Nuclear Information System (INIS)

    Doeh, D.

    1994-01-01

    In considering petroleum investment in Eastern Europe, the broad issues of the rule of law, the national constitutions of the various states and their court systems, which affect business generally, are presented. Some specific problems are then discussed. These include ownership of property and privatisation, foreign investment, taking of security, insolvency and taxation. Russia is included as part of Eastern Europe and receives special emphasis because of its importance in the petroleum scene and the particularly acute problems it faces. (UK)

  8. 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.

  9. Implementing risk-stratified screening for common cancers: a review of potential ethical, legal and social issues.

    Science.gov (United States)

    Hall, A E; Chowdhury, S; Hallowell, N; Pashayan, N; Dent, T; Pharoah, P; Burton, H

    2014-06-01

    The identification of common genetic variants associated with common cancers including breast, prostate and ovarian cancers would allow population stratification by genotype to effectively target screening and treatment. As scientific, clinical and economic evidence mounts there will be increasing pressure for risk-stratified screening programmes to be implemented. This paper reviews some of the main ethical, legal and social issues (ELSI) raised by the introduction of genotyping into risk-stratified screening programmes, in terms of Beauchamp and Childress's four principles of biomedical ethics--respect for autonomy, non-maleficence, beneficence and justice. Two alternative approaches to data collection, storage, communication and consent are used to exemplify the ELSI issues that are likely to be raised. Ultimately, the provision of risk-stratified screening using genotyping raises fundamental questions about respective roles of individuals, healthcare providers and the state in organizing or mandating such programmes, and the principles, which underpin their provision, particularly the requirement for distributive justice. The scope and breadth of these issues suggest that ELSI relating to risk-stratified screening will become increasingly important for policy-makers, healthcare professionals and a wide diversity of stakeholders. © The Author 2013. Published by Oxford University Press on behalf of Faculty of Public Health.

  10. 互联网药品交易法律问题刍议%On Legal Issues of Internet Drug Business

    Institute of Scientific and Technical Information of China (English)

    田侃; 吴颖雄

    2011-01-01

    OBJECTIVE: To ensure the safety of drug use of the public, and to protect consumer's legitimate rights and interests.METHODS: The legal issues of internet drug business involving electronic contract, privacy and right to know were analyzed to propose some measures of regulating internet drug business in China.RESULTS & CONCLUSIONS: It is suggested to establish "electronic notary" system to solve the electronic contract issues of internet drug business; define the legal status of privacy, protect it as an independent personality right and regulate the collection of personal data of consumers; establish perfect licensed pharmacist online consultation system; enhance the operator's obligation to disclose information and safeguard consumer's right to know.%目的:保障公众用药安全,维护消费者合法权益.方法:通过分析互联网药品交易中涉及到的电子合同、隐私权、知情权等法律问题,提出规范我国互联网药品交易的措施.结果与结论:建议建立"电子公证人"系统以解决互联网药品交易中电子合同问题;明确隐私权的法律地位,将隐私权作为一项独立的人格权加以保护,并规范对消费者个人资料的收集;建立完善的在线执业药师咨询制度,强化经营者的信息披露义务,维护消费者的知情权.

  11. Entertainment-education and recruitment of cornea donors: the role of emotion and issue involvement.

    Science.gov (United States)

    Bae, Hyuhn-Suhck

    2008-01-01

    This study examined the role of emotional responses and viewer's level of issue involvement to an entertainment-education show about cornea donation in order to predict intention to register as cornea donors. Results confirmed that sympathy and empathy responses operated as a catalyst for issue involvement, which emerged as an important intermediary in the persuasion process. Issue involvement also was found to be a common causal antecedent of attitude, subjective norm, and perceived behavioral control, the last two of which predict intentions unlike attitude, which does not. The revised path model confirmed that involvement directly influences intention. The findings of this study suggest that adding emotion and involvement in the Theory of Planned Behavior (TPB) enhances the explanatory power of the theory in predicting intentions, which indicates the possibility of combining the Elaboration Likelihood Model (ELM) and the TPB in the prediction of human behaviors.

  12. Resource allocation on the frontlines of public health preparedness and response: report of a summit on legal and ethical issues.

    Science.gov (United States)

    Barnett, Daniel J; Taylor, Holly A; Hodge, James G; Links, Jonathan M

    2009-01-01

    In the face of all-hazards preparedness challenges, local and state health department personnel have to date lacked a discrete set of legally and ethically informed public health principles to guide the distribution of scarce resources in crisis settings. To help address this gap, we convened a Summit of academic and practice experts to develop a set of principles for legally and ethically sound public health resource triage decision-making in emergencies. The invitation-only Summit, held in Washington, D.C., on June 29, 2006, assembled 20 experts from a combination of academic institutions and nonacademic leadership, policy, and practice settings. The Summit featured a tabletop exercise designed to highlight resource scarcity challenges in a public health infectious disease emergency. This exercise served as a springboard for Summit participants' subsequent identification of 10 public health emergency resource allocation principles through an iterative process. The final product of the Summit was a set of 10 principles to guide allocation decisions involving scarce resources in public health emergencies. The principles are grouped into three categories: obligations to community; balancing personal autonomy and community well-being/benefit; and good preparedness practice. The 10 Summit-derived principles represent an attempt to link law, ethics, and real-world public health emergency resource allocation practices, and can serve as a useful starting framework to guide further systematic approaches and future research on addressing public health resource scarcity in an all-hazards context.

  13. Addressing the ethical, legal, and social issues raised by voting by persons with dementia.

    Science.gov (United States)

    Karlawish, Jason H; Bonnie, Richard J; Appelbaum, Paul S; Lyketsos, Constantine; James, Bryan; Knopman, David; Patusky, Christopher; Kane, Rosalie A; Karlan, Pamela S

    2004-09-15

    This article addresses an emerging policy problem in the United States participation in the electoral process by citizens with dementia. At present, health care professionals, family caregivers, and long-term care staff lack adequate guidance to decide whether individuals with dementia should be precluded from or assisted in casting a ballot. Voting by persons with dementia raises a series of important questions about the autonomy of individuals with dementia, the integrity of the electoral process, and the prevention of fraud. Three subsidiary issues warrant special attention: development of a method to assess capacity to vote; identification of appropriate kinds of assistance to enable persons with cognitive impairment to vote; and formulation of uniform and workable policies for voting in long-term care settings. In some instances, extrapolation from existing policies and research permits reasonable recommendations to guide policy and practice. However, in other instances, additional research is necessary.

  14. Stakeholder Involvement in Decision Making: A Short Guide to Issues, Approaches and Resources

    International Nuclear Information System (INIS)

    2015-01-01

    Radioactive waste management is embedded in broader societal issues such as the environment, risk management, energy, health policy and sustainability. In all these fields, there is an increasing demand for public involvement and engagement. This 2015 update of Stakeholder Involvement Techniques: Short Guide and Annotated Bibliography, assists practitioners and non-specialists by outlining the steps and issues associated with stakeholder involvement in decision making and by facilitating access to useful online resources (handbooks, toolboxes and case studies). The updated guide has been considerably enriched with experiences since 2004 and includes extensive references to the literature. It is published alongside the release of an online annotated bibliography that will be updated regularly. (authors)

  15. Public Involvement in Environmental Issues with Reference to Jajahan Kuala Krai, Kelantan

    Directory of Open Access Journals (Sweden)

    Mohammad Ghazi Ismail

    2011-09-01

    Full Text Available Environmental problems are very serious and complex to be resolved through science approach, technical and legislation solely. Hence, the inclucive and active involvement and participation of civil is wanted. Civil society is inter parties interested and sure they involved directly with every planned development project and practiced at area they. Earlier study has proven that public societal involvement in environmental issue is still low and minimum. The study conducted in Jajahan Kuala Krai, Kelantan is intended to find out how far population knowledge in study area on environmental issues and the level of involvement the in said issue. This study involved 174 respondents. The study between demographic factor with respondent knowledge in environmental issues shows that is a significant relationship between respondent income and education with value of p respectively 0.039 and 0.036. The association between demographic factor with respondent's knowledge in local environmental issue on the other hand shows that there are significant relationship between gender, age, income, education and resident period with the value of p respectively 0.045, 0.000, 0.029, 0.046 and 0.000. For demographic factor in association with environmental issues, has shown that there is a significant relationship between age, income, education and resident period with the value of p respectively 0.036, 0.041, 0.001 and 0.001. The results that found respondent income factor and education did influence on respondents knowledge level and involvement in environmental issues. As a conclusion, an actively engaged society in related environmental issues is very important due to the assurance of environmental quality that always will be protected.

  16. Ethical, legal, and social issues in health technology assessment for prenatal/preconceptional and newborn screening: a workshop report.

    Science.gov (United States)

    Potter, B K; Avard, D; Entwistle, V; Kennedy, C; Chakraborty, P; McGuire, M; Wilson, B J

    2009-01-01

    Prenatal/preconceptional and newborn screening programs have been a focus of recent policy debates that have included attention to ethical, legal, and social issues (ELSIs). In parallel, there has been an ongoing discussion about whether and how ELSIs may be addressed in health technology assessment (HTA). We conducted a knowledge synthesis study to explore both guidance and current practice regarding the consideration of ELSIs in HTA for prenatal/preconceptional and newborn screening. As the concluding activity for this project, we held a Canadian workshop to discuss the issues with a diverse group of stakeholders. Based on key workshop themes integrated with our study results, we suggest that population-based genetic screening programs may present particular types of ELSIs and that a public health ethics perspective is potentially highly relevant when considering them. We also suggest that approaches to addressing ELSIs in HTA for prenatal/preconceptional and newborn screening may need to be flexible enough to respond to diversity in HTA organizations, cultural values, stakeholder communities, and contextual factors. Finally, we highlight a need for transparency in the way that HTA producers move from evidence to conclusions and the ways in which screening policy decisions are made. Copyright © 2008 S. Karger AG, Basel.

  17. The Precision Medicine Initiative's All of Us Research Program: an agenda for research on its ethical, legal, and social issues.

    Science.gov (United States)

    Sankar, Pamela L; Parker, Lisa S

    2017-07-01

    The Precision Medicine Initiative (PMI) is an innovative approach to developing a new model of health care that takes into account individual differences in people's genes, environments, and lifestyles. A cornerstone of the initiative is the PMI All of Us Research Program (formerly known as PMI-Cohort Program) which will create a cohort of 1 million volunteers who will contribute their health data and biospecimens to a centralized national database to support precision medicine research. The PMI All of US Research Program is the largest longitudinal study in the history of the United States. The designers of the Program anticipated and addressed some of the ethical, legal, and social issues (ELSI) associated with the initiative. To date, however, there is no plan to call for research regarding ELSI associated with the Program-PMI All of Us program. Based on analysis of National Institutes of Health (NIH) funding announcements for the PMI All of Us program, we have identified three ELSI themes: cohort diversity and health disparities, participant engagement, and privacy and security. We review All of Us Research Program plans to address these issues and then identify additional ELSI within each domain that warrant ongoing investigation as the All of Us Research Program develops. We conclude that PMI's All of Us Research Program represents a significant opportunity and obligation to identify, analyze, and respond to ELSI, and we call on the PMI to initiate a research program capable of taking on these challenges.Genet Med advance online publication 01 December 2016.

  18. Isolation of Enterobacter sakazakii from ass' milk in Sicily: case report, safety and legal issues.

    Science.gov (United States)

    Conte, F; Passantino, A

    2008-07-01

    Enterobacter sakazakii (Es) infections are likely to involve newborns and infants, causing meningitis and necrotizing enterocolitis and sepsis. Contamination of infant formulae milk during factory production or bottle preparation is implicated. Es has been isolated from environmental sources and from food other than infant formula and milk powder, but why it is associated only with the consumption of infant formulae, is unclear. According to Regulation (EC) No. 2073/2005 on the microbiological criteria for foodstuffs, Es is considered a microorganisms of greatest concern in infant formulae and follow-on formulae. Es is included between "safety criteria". The isolation of two strains of Es from 50 samples of ass' milk in Sicily is described. The antibiotic resistance profile of the isolates revealed a multiple resistance profile, including fluoroquinolones, commonly used to treat the infections. The authors underline the importance of survey because in Italy ass' milk is considered one of the solutions for infants suffering from hypersensitivity to milk protein of some animal species. There is scarce information about the ecology and the uncertainty concerning the source of infection in the children and adults; the authors are concerned that ass' milk could become a high-risk food.

  19. [Legal issues of physician-assisted euthanasia. Part II--Help in the dying process, direct and indirect active euthanasia].

    Science.gov (United States)

    Laux, Johannes; Röbel, Andreas; Parzeller, Markus

    2013-01-01

    In Germany, physician-assisted euthanasia involves numerous risks for the attending physician under criminal and professional law. In the absence of clear legal provisions, four different categories of euthanasia have been developed in legal practice and the relevant literature: help in the dying process, direct active euthanasia, indirect active euthanasia and passive euthanasia. The so-called "help during the dying process" by administering medically indicated analgesic drugs without a life-shortening effect is exempt from punishment if it corresponds to the will of the patient. If the physician omits to give such analgesic drugs although the patient demands them, this is deemed a punishable act of bodily injury. The same applies if the physician administers analgesics against the will of the patient. Medically indicated pain treatment which has a potential or certain life-shortening effect (indirect active euthanasia) is permitted under certain conditions: if there are no alternative and equally suitable treatment options without the risk of shortening the patient's life, if the patient has given his consent to the treatment and if the physician does not act with the intention to kill. The deliberate killing of a dying or terminally ill patient for the purpose of ending his suffering (direct active euthanasia) is prohibited. This includes both deliberately killing a patient against or without his will (by so-called "angels of death") and the killing of a patient who expressly and earnestly demands such an act from his physician (killing on request/on demand). Physician-assisted suicide is generally not liable to punishment in Germany. Nevertheless, the action may be subject to punishment if the physician omits to rescue the life of an unconscious suicide victim. "Palliative sedation" is regarded as a special case. It may become necessary if certain symptoms in the terminal stage of a fatal disease unbearable for the patient cannot be controlled by any other

  20. 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…

  1. Lay and professional stakeholder involvement in scoping palliative care issues: Methods used in seven European countries.

    Science.gov (United States)

    Brereton, Louise; Ingleton, Christine; Gardiner, Clare; Goyder, Elizabeth; Mozygemba, Kati; Lysdahl, Kristin Bakke; Tummers, Marcia; Sacchini, Dario; Leppert, Wojciech; Blaževičienė, Aurelija; van der Wilt, Gert Jan; Refolo, Pietro; De Nicola, Martina; Chilcott, James; Oortwijn, Wija

    2017-02-01

    Stakeholders are people with an interest in a topic. Internationally, stakeholder involvement in palliative care research and health technology assessment requires development. Stakeholder involvement adds value throughout research (from prioritising topics to disseminating findings). Philosophies and understandings about the best ways to involve stakeholders in research differ internationally. Stakeholder involvement took place in seven countries (England, Germany, Italy, Lithuania, the Netherlands, Norway and Poland). Findings informed a project that developed concepts and methods for health technology assessment and applied these to evaluate models of palliative care service delivery. To report on stakeholder involvement in the INTEGRATE-HTA project and how issues identified informed project development. Using stakeholder consultation or a qualitative research design, as appropriate locally, stakeholders in seven countries acted as 'advisors' to aid researchers' decision making. Thematic analysis was used to identify key issues across countries. A total of 132 stakeholders (82 professionals and 50 'lay' people) aged ⩾18 participated in individual face-to-face or telephone interviews, consultation meetings or focus groups. Different stakeholder involvement methods were used successfully to identify key issues in palliative care. A total of 23 issues common to three or more countries informed decisions about the intervention and comparator of interest, sub questions and specific assessments within the health technology assessment. Stakeholders, including patients and families undergoing palliative care, can inform project decision making using various involvement methods according to the local context. Researchers should consider local understandings about stakeholder involvement as views of appropriate and feasible methods vary. Methods for stakeholder involvement, especially consultation, need further development.

  2. PACE. A Program for Acquiring Competence in Entrepreneurship. Part II: Becoming an Entrepreneur. Unit C: Legal Issues and Small Business. Research and Development Series No. 194 B-3.

    Science.gov (United States)

    Ohio State Univ., Columbus. National Center for Research in Vocational Education.

    This three-part curriculum for entrepreneurship education is primarily for postsecondary level, including four-year colleges and adult education, but it can be adapted for special groups or vocational teacher education. The emphasis of the seven instructional units in Part II is establishing a business. Unit C focuses on legal issues that affect…

  3. 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

  4. The Issue Animal in the Perspective of the Federal Supreme Court and the "Regulatory Aspects Of Legal Status

    Directory of Open Access Journals (Sweden)

    Mery Chalfun

    2016-12-01

    Full Text Available The present work aims to analyze the legal nature of nonhuman animals in the doctrine of Animal Law, legal order and position of the Federal Supreme Court based on judgments that deal with conflict between cultural manifestation and cruelty to animals. Brazilian legislation calls for a multiplicity of positions on the legal nature of animals, which may influence positively or negatively the treatment accorded to them. It can be seen that in the STF the predominance of two understandings: anthropocentric, equivalent to good, while of another biocentric, moral consideration as to the animals and possibility of change of the legal nature.

  5. The contracts of construction of yachts and pleasure craft : an Italian perspective on the most relevant legal issues

    Directory of Open Access Journals (Sweden)

    Lorenzo Fabro

    2018-02-01

    Full Text Available The aim of the article is to provide a general overview of the Italian legislation and practice on the legal topics concerning the contracts of construction of yachts and pleasure craft, including an analysis of the most commonly adopted contractual clauses. After an introduction on the nature of the contract of construction in relation to the discipline of contracts of sale and contracts ‘’for work and materials’’ (contratto di appalto, the issues of the transfer of title/property and the registration of contracts of construction under the provisions of the Italian Navigation Code will be considered. Furthermore, the certification under Directive no. 94/25/EC as amended by Directive no. 2003/44/EC will be described together with an overview of the main differences compared to the classification of the Registries. An analysis of the possible causes of dispute between buyers and builders will complete the article with some comparative remarks regarding the discipline of the guarantee for defects, the rejection and the termination in the contracts of construction of yachts and vessels.

  6. Views of physicians in training on the ethical and legal issues in preliminary reporting of echocardiographic data.

    Science.gov (United States)

    McDonald, R W; Rice, M J; Marcella, C P; Reller, M D; Imus, R L

    1991-01-01

    Cardiac sonographers may be pressured by physicians into giving diagnostic interpretations of echocardiographic data. This study investigated the issue of preliminary reporting of echocardiographic data. A questionnaire was sent to 292 physicians; 85 physicians (29%) responded. Seventy-two physicians (87%) thought they had more than a minimal knowledge of echocardiography, 94% wanted a written or verbal preliminary report, and 84% thought that giving a preliminary report should be part of the cardiac sonographer's job. If abnormalities were found, 80% wanted the results before a cardiologist reviewed the study, and 56% would want a diagnostic rather than a descriptive report. Fifty-four physicians (64%) would pressure the cardiac sonographer into giving a preliminary echocardiographic report and would use this information to manage the patient. The majority of the physicians thought that it is legal for the cardiac sonographer to give a preliminary echocardiogram report. Eighty percent said that the cardiac sonographer would not be "practicing medicine without a license," and 82% that the sonographer would not be "aiding and abetting the unauthorized practice of medicine." This data would indicate that physicians at Oregon Health Sciences University want the cardiac sonographer to give preliminary echocardiographic results, even though the sonographer may be breaking state statutes.

  7. Ethical, legal and social issues in restoring genetic identity after forced disappearance and suppression of identity in Argentina.

    Science.gov (United States)

    Penchaszadeh, Victor B

    2015-07-01

    Human genetic identification has been increasingly associated with the preservation, defence and reparation of human rights, in particular the right to genetic identity. The Argentinian military dictatorship of 1976-1983 engaged in a savage repression and egregious violations of human rights, including forced disappearance, torture, assassination and appropriation of children of the disappeared with suppression of their identity. The ethical, legal and social nuances in the use of forensic genetics to support the right to identity in Argentina included issues such as the best interest of children being raised by criminals, the right to learn the truth of one's origin and identity, rights of their biological families, the issue of voluntary versus compulsory testing of victims, as well as the duty of the state to investigate crimes against humanity, punish perpetrators and provide justice and reparation to the victims. In the 30 years following the return to democracy in 1984, the search, localization and DNA testing of disappeared children and young adults has led, so far, to the genetic identification of 116 persons who had been abducted as babies. The high value placed on DNA testing to identify victims of identity suppression did not conflict with the social consensus that personal identity is a complex and dynamic concept, attained by the interaction of genetics with historical, social, emotional, educational, cultural and other important environmental factors. The use of genetic identification as a tool to redress and repair human rights violations is a novel application of human genetics within a developing set of ethical and political circumstances.

  8. Scientific evidence and the toxic tort. A socio-legal study of the issues, expert evidence and judgement in Reay and Hope v. British Nuclear Fuels plc

    International Nuclear Information System (INIS)

    Harrison, R.J.

    1999-01-01

    . Intrinsic to the litigation was whether paternal preconception irradiation caused or materially contributed to a predisposition to cancer leading to Dorothy's death from leukaemia and Vivien Hope's non-Hodgkin's lymphoma. As a consequence of the various statutory provisions, the Plaintiffs did not need to prove negligence on the part of the Defendants. In order to succeed the Plaintiffs had to prove on the balance of probabilities that radiation from Sellafield was a material contributory cause of the Plaintiffs' disease. The fundamental issue therefore was causation. In addition to the case analysis, two pieces of empirical research were conducted for the purposes of this thesis. The first, a Social Survey (consisting of thirty four questions) was circulated to 160 members of the Academy of Experts (quantitative research); the second, a letter, involved written communication with sixty five judges from the Queen's Bench Division of the High Court (qualitative research). Underlying this socio-legal case analysis are fundamental questions with regard to existing legal principles, liability and judicial decision making. (author)

  9. Scientific evidence and the toxic tort. A socio-legal study of the issues, expert evidence and judgement in Reay and Hope v. British Nuclear Fuels plc

    Energy Technology Data Exchange (ETDEWEB)

    Harrison, R.J

    1999-07-01

    the Sellafield Plant. Intrinsic to the litigation was whether paternal preconception irradiation caused or materially contributed to a predisposition to cancer leading to Dorothy's death from leukaemia and Vivien Hope's non-Hodgkin's lymphoma. As a consequence of the various statutory provisions, the Plaintiffs did not need to prove negligence on the part of the Defendants. In order to succeed the Plaintiffs had to prove on the balance of probabilities that radiation from Sellafield was a material contributory cause of the Plaintiffs' disease. The fundamental issue therefore was causation. In addition to the case analysis, two pieces of empirical research were conducted for the purposes of this thesis. The first, a Social Survey (consisting of thirty four questions) was circulated to 160 members of the Academy of Experts (quantitative research); the second, a letter, involved written communication with sixty five judges from the Queen's Bench Division of the High Court (qualitative research). Underlying this socio-legal case analysis are fundamental questions with regard to existing legal principles, liability and judicial decision making. (author)

  10. Withdrawal of ventilation at the patient's request in MND: a retrospective exploration of the ethical and legal issues that have arisen for doctors in the UK.

    Science.gov (United States)

    Phelps, Kay; Regen, Emma; Oliver, David; McDermott, Chris; Faull, Christina

    2017-06-01

    Ventilatory support has benefits including prolonging survival for respiratory failure in motor neurone disease (MND). At some point some patients may wish to stop the intervention. The National Institute of Health and Care Excellence (NICE) guidance recommends research is needed on ventilation withdrawal. There is little literature focusing on the issues doctors encounter when withdrawing ventilation at the request of a patient. To identify and explore with doctors the ethical and legal issues that they had encountered in the withdrawal of ventilation at the request of a patient with MND. A retrospective thematic analysis of interviews of 24 doctors (including palliative care, respiratory, neurology and general practice) regarding their experiences with withdrawal of ventilation support from patients with MND. Respondents found withdrawal of ventilation at the request of patients with MND to pose legal, ethical and moral challenges in five themes: ethical and legal rights to withdrawal from treatment; discussions with family; discussions with colleagues; experiences of legal advice; issues contributing to ethical complexity. Though clear about the legality of withdrawal of treatment in theory, the practice led to ethical and moral uncertainty and mixed feelings. Many respondents had experienced negative reactions from other healthcare professionals when these colleagues were unclear of the distinction between palliation of symptoms, withdrawal of treatment and assisted death. Legal, ethical and practical guidance is needed for professionals who support a patient with MND who wishes to withdraw from ventilation. Open discussion of the ethical challenges is needed as well as education and support for professionals. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  11. Displacement and Suicide Risk for Juvenile Justice-Involved Youth with Mental Health Issues

    Science.gov (United States)

    Kretschmar, Jeff M.; Flannery, Daniel J.

    2011-01-01

    This article examined the relationship between suicide behaviors and displacement, as defined by out-of-home placement, in a sample of juvenile-justice-involved youth with mental health issues. Participants included boys and girls between the ages of 10 and 18 who were enrolled in a juvenile justice diversion program for children with mental or…

  12. Legal Issues of Intellectual Property Rights and Licensing for E-Learning Content in the United Kingdom

    Science.gov (United States)

    Mehrpouyan, Azadeh; Razavi, Ghassem Khadem

    2014-01-01

    This article focuses on the legal rules of intellectual property rights (IPR) in networked e-learning. Its purpose is to act as an awareness-raising device about IPR, especially in the public-sector e-learning community in the UK, by describing the relevant aspects of IPR, providing legal guidance on IPR in e-learning, especially on the use of…

  13. [Review of the methodological, ethical, legal and social issues of research projects in healthcare with big data].

    Science.gov (United States)

    de Lecuona, Itziar

    2018-05-31

    The current model for reviewing research with human beings basically depends on decision-making processes within research ethics committees. These committees must be aware of the importance of the new digital paradigm based on the large-scale exploitation of datasets, including personal data on health. This article offers guidelines, with the application of the EU's General Data Protection Regulation, for the appropriate evaluation of projects that are based on the use of big data analytics in healthcare. The processes for gathering and using this data constitute a niche where current research is developed. In this context, the existing protocols for obtaining informed consent from participants are outdated, as they are based not only on the assumption that personal data are anonymized, but that they will continue to be so in the future. As a result, it is essential that research ethics committees take on new capabilities and revisit values such as privacy and freedom, updating protocols, methodologies and working procedures. This change in the work culture will provide legal security to the personnel involved in research, will make it possible to guarantee the protection of the privacy of the subjects of the data, and will permit orienting the exploitation of data to avoid the commodification of personal data in this era of deidentification, so that research meets actual social needs and not spurious or opportunistic interests disguised as research. Copyright © 2018 SESPAS. Publicado por Elsevier España, S.L.U. All rights reserved.

  14. Current issues in medically assisted reproduction and genetics in Europe: research, clinical practice, ethics, legal issues and policy. European Society of Human Genetics and European Society of Human Reproduction and Embryology.

    Science.gov (United States)

    Harper, Joyce C; Geraedts, Joep; Borry, Pascal; Cornel, Martina C; Dondorp, Wybo; Gianaroli, Luca; Harton, Gary; Milachich, Tanya; Kääriäinen, Helena; Liebaers, Inge; Morris, Michael; Sequeiros, Jorge; Sermon, Karen; Shenfield, Françoise; Skirton, Heather; Soini, Sirpa; Spits, Claudia; Veiga, Anna; Vermeesch, Joris Robert; Viville, Stéphane; de Wert, Guido; Macek, Milan

    2013-11-01

    In March 2005, a group of experts from the European Society of Human Genetics and European Society of Human Reproduction and Embryology met to discuss the interface between genetics and assisted reproductive technology (ART), and published an extended background paper, recommendations and two Editorials. Seven years later, in March 2012, a follow-up interdisciplinary workshop was held, involving representatives of both professional societies, including experts from the European Union Eurogentest2 Coordination Action Project. The main goal of this meeting was to discuss developments at the interface between clinical genetics and ARTs. As more genetic causes of reproductive failure are now recognised and an increasing number of patients undergo testing of their genome before conception, either in regular health care or in the context of direct-to-consumer testing, the need for genetic counselling and preimplantation genetic diagnosis (PGD) may increase. Preimplantation genetic screening (PGS) thus far does not have evidence from randomised clinical trials to substantiate that the technique is both effective and efficient. Whole-genome sequencing may create greater challenges both in the technological and interpretational domains, and requires further reflection about the ethics of genetic testing in ART and PGD/PGS. Diagnostic laboratories should be reporting their results according to internationally accepted accreditation standards (International Standards Organisation - ISO 15189). Further studies are needed in order to address issues related to the impact of ART on epigenetic reprogramming of the early embryo. The legal landscape regarding assisted reproduction is evolving but still remains very heterogeneous and often contradictory. The lack of legal harmonisation and uneven access to infertility treatment and PGD/PGS fosters considerable cross-border reproductive care in Europe and beyond. The aim of this paper is to complement previous publications and provide

  15. A systematic review of ethical issues in vaccine studies involving pregnant women.

    Science.gov (United States)

    Beeler, Jennifer A; Lambach, Philipp; Fulton, T Roice; Narayanan, Divya; Ortiz, Justin R; Omer, Saad B

    2016-08-02

    Immunization during pregnancy can provide protection for mother and child. However, there have been only a limited number of studies documenting the efficacy and safety of this strategy. To determine the extent and nature of subject matter related to ethics in maternal immunization by systematically documenting the spectrum of ethical issues in vaccine studies involving pregnant women. We conducted a systematic literature review of published works pertaining to vaccine and therapeutic studies involving pregnant women through searches of PubMed, EMBASE, Web of Science, the Cochrane Database, and ClinicalTrials.gov. We selected literature meeting the inclusion criteria published between 1988 and June 2014. We systematically abstracted subject matter pertaining to ethical issues in immunization studies during pregnancy. Immunization-specific ethical issues were matched and grouped into major categories and subcategories. Seventy-seven published articles met the inclusion criteria. Published articles reported findings on data that had been collected in 26 countries, the majority of which were classified as high-income or upper-middle-income nations according to World Bank criteria. Review of these publications produced 60 immunization-specific ethical issues, grouped into six major categories. Notably, many studies demonstrated limited acknowledgment of key ethical issues including the rights and welfare of participants. Additionally, there was no discussion pertaining to the ethics of program implementation, including integration of maternal immunization programs into existing routine immunization programs. This review of ethical issues in immunization studies of pregnant women can be used to help inform future vaccine trials in this important population. Consistent documentation of these ethical issues by investigators will facilitate a broader and more nuanced discussion of ethics in immunization of pregnant women - offering new and valuable insights for programs

  16. Problematic issues of accounting reflection and accounting recognition of contributions while carrying out joint activities without forming a legal entity

    OpenAIRE

    Куришко, Лілія Анатоліївна

    2015-01-01

    The methodic of accounting reflection of the business transactions related to contributions into the joint activities without forming a legal entity has been studied; the types of contributions defined legally and the possibility of their reflection in accounting have been elucidated; the author’s understanding of the essence of contributions’ types has been formed as well as the approach towards their identification in accounting has been offered

  17. 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

  18. Analysis of the basic professional standards involving the work of psychologists in difficult and legally significant situations

    Directory of Open Access Journals (Sweden)

    Bogdanovich N. V.

    2016-06-01

    Full Text Available In this article the analysis of professional standards in terms of the scope of work of the psychologist with clients in difficult life and legal situations. The criteria of analysis chosen: reflected in professional activities, the choice of grounds for the selection of professional activities that focus on a specific Department, selection of a particular direction of activity of the psychologist (prevention, support, rehabilitation. It is shown that all five of the analyzed standards imply such a situation, but only three of them ("educational psychologist", "Psychologist in the social sphere", "Specialist in rehabilitative work in the social sphere" describe the activities of the psychologist, and the remaining ("Expert of bodies of guardianship and guardianship concerning minors" and "Specialist in working with families" are more organizational in nature. The conclusion about compliance of the training programs developed by the Department of legal psychology and law and education, the requirements of professional standards, proposed improvements in these programs.

  19. The challenge of a ban on animal testing for the development of a regulated legal market for new psychoactive substances (NPS) ('legal highs') in New Zealand: Issues and options for resolution.

    Science.gov (United States)

    Rychert, Marta; Wilkins, Chris

    2015-12-01

    In mid-July 2013, New Zealand passed the Psychoactive Substances Act (PSA), which allowed 'low risk' psychoactive products ('legal highs') to be approved for legal sale. In early May 2014, following public protest, the Psychoactive Substances Amendment Act (PSAA) was passed banning animal testing of psychoactive products, potentially making the new regime unworkable. To investigate strategies to overcome the impasse created by the animal testing ban. Solutions to the impasse were investigated using 'scenario' and 'stakeholder' analysis. Legislation, parliamentary debates, and regulatory statements related to the PSA and animal testing were reviewed. Strategies to resolve the impasse were discussed with stakeholders including the Psychoactive Substances Regulatory Authority (PSRA) officials, health officials, a legal high industry lawyer, and a leading legal highs manufacturer. This process generated six possible scenarios and five decision-making criteria of key importance to major stakeholders. Scenarios were then evaluated based on feedback from the industry and regulators. The six scenarios were: (1) pragmatic modification of the animal testing ban; (2) waiting until new non-animal test models are internationally accepted; (3) use of non-validated replacement test methods; (4) judicial challenge of the animal testing ban; (5) 'creative compliance' by only presenting human clinical trial results; and (6) philosophical re-conceptualisation of the 'benefits' from psychoactive products. Options 1 and 5 appear to be the most attractive overall solutions. However, both rely on a new political consensus and astute framing of the issues by political communicators. Political decision makers may be happy to accept Scenario 2 which would impose significant delays. A 'failed' pharmaceutical product with psychoactive effects may have the test data required to be approved under Scenarios 1 and 5. Ultimately, the pleasurable benefits from psychoactive products may need to be

  20. Facilitating Site Specific and Citizens Advisory Boards: Running Effective Meetings that Involve Complex Technical Issues

    International Nuclear Information System (INIS)

    Freeman, J.

    2009-01-01

    Environmental cleanup issues at federal sites are more often than not on the agendas of meetings of the Site Specific Advisory Boards (SSABs), also called Citizens Advisory Boards (CABs), that exist at most U.S. Department of Energy (DOE) sites with an Environmental Management (EM) mission. In 1994, when Congress established these committees comprised of local citizens, it enabled community stakeholders to become more directly involved in DOE EM cleanup decisions. This involvement is to help the agency make cost-effective and environmentally sound decisions which lead to faster, safer cleanups. Eight local Boards that fall under the Federal Advisory Committee Act-chartered EM SSAB charter are found in Hanford, Washington; Idaho; Northern New Mexico; Nevada; Oak Ridge, Tennessee; Paducah, Kentucky; Portsmouth, Ohio; and at the Savannah River Site in South Carolina. These boards provide advice and recommendations about EM site-specific issues such as cleanup standards (how clean is clean?), environmental restoration, waste management, the stabilization and disposal of non-stockpile nuclear materials, future land use and long-term stewardship, risk assessment and management, and cleanup science and technology activities. These issues are, by their very nature, loaded with complicated technical terms and strategies, scientific data and interpretations, and long histories of studies and reports. The members of SSABs and CABs rotate on and off the Boards according to defined terms of office, thereby routinely opening the Boards' ranks to new members, many of whom are new to the issues. In addition, members of the public who have access to public comment periods at each Board meeting run up against the same daunting menu of obscure acronyms, scientific terms and notations, and an historical trail which is not always evident except to those involved with the issues over many years. How does a facilitator effectively guide such a group of citizens, each of whom arrives to

  1. Using Critical Literacy to Explore Genetics and Its Ethical, Legal, and Social Issues with In-Service Secondary Teachers

    Science.gov (United States)

    Gleason, Michael L.; Melancon, Megan E.; Kleine, Karynne L. M.

    2010-01-01

    The described interdisciplinary course helped a mixed population of in-service secondary English and biology teacher-participants increase their genetics content knowledge and awareness of Ethical, Legal, and Social Implications (ELSI) that arose from discoveries and practices associated with the Human Genome Project. This was accomplished by…

  2. Performance Measures for Teachers and Teacher Education: Corporate Education Reform Opens the Door to New Legal Issues

    Science.gov (United States)

    Pullin, Diana

    2015-01-01

    Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

  3. The Rights of Undocumented Mexicans in the United States after "Plyler v. Doe": A Sketch of Moral and Legal Issues.

    Science.gov (United States)

    Garcia y Griego, Manuel

    1986-01-01

    Analyzes moral and legal obligations the U.S. has toward undocumented Mexicans in the U.S. Reviews past cases and draws implications regarding the nature and extent of such obligations. Discusses several court decisions regarding the rights of undocumented migrants. Provides an overview of trends in Mexican-US migration. (MD)

  4. The management, privacy and medico-legal issues of electronic CPAP data in Australia and New Zealand: Electronic CPAP data management in Australia and New Zealand.

    Science.gov (United States)

    Swieca, John; Hamilton, Garun S; Meaklim, Hailey

    2017-08-01

    Continuous Positive Airway Pressure (CPAP) is considered to be the gold standard treatment for obstructive sleep apnoea (OSA). CPAP monitoring systems allow tracking of patient CPAP adherence and treatment efficacy, by measuring residual sleep-disordered breathing, hours of CPAP use, and mask leak etc. The American Thoracic Society (ATS) published a position paper in 2013 highlighting issues of interpreting CPAP data such as a lack of consistency between CPAP manufacturers data algorithms, legal implications of CPAP data and implications for CPAP adherence. This paper extends on this work by investigating these issues in an Australasian context. A review of current literature on CPAP monitoring systems, privacy and security of CPAP data for major Australasian CPAP providers, and CPAP adherence was undertaken. A legal review was also commissioned for issues related to privacy and security of CPAP data. CPAP manufacturers' utilize different algorithms for respiratory event detection and clinicians need to be aware the implications for interpreting CPAP data. Australasian CPAP manufacturers have created security/privacy policies with the intent to follow relevant legislation to protect patients' CPAP data, however they do need to be constantly reviewed and updated to avoid data breaches and changes to agreements. No guarantees can be provided by the Australasian Sleep Association on CPAP manufacturers' compliance with these policies and there is the potential for some degree of liability for physicians and CPAP providers associated with CPAP data. Lastly, providing patients with feedback on their CPAP usage and OSA management appears to have positive influence CPAP adherence. CPAP data provides many opportunities to increase OSA patient care and to help patients self-manage this chronic condition. However, issues relating to lack of standardization of CPAP parameters, privacy, security, and legal implications will need to be managed in this changing technologic and

  5. Musings on privacy issues in health research involving disaggregate geographic data about individuals

    Directory of Open Access Journals (Sweden)

    AbdelMalik Philip

    2009-07-01

    Full Text Available Abstract This paper offers a state-of-the-art overview of the intertwined privacy, confidentiality, and security issues that are commonly encountered in health research involving disaggregate geographic data about individuals. Key definitions are provided, along with some examples of actual and potential security and confidentiality breaches and related incidents that captured mainstream media and public interest in recent months and years. The paper then goes on to present a brief survey of the research literature on location privacy/confidentiality concerns and on privacy-preserving solutions in conventional health research and beyond, touching on the emerging privacy issues associated with online consumer geoinformatics and location-based services. The 'missing ring' (in many treatments of the topic of data security is also discussed. Personal information and privacy legislations in two countries, Canada and the UK, are covered, as well as some examples of recent research projects and events about the subject. Select highlights from a June 2009 URISA (Urban and Regional Information Systems Association workshop entitled 'Protecting Privacy and Confidentiality of Geographic Data in Health Research' are then presented. The paper concludes by briefly charting the complexity of the domain and the many challenges associated with it, and proposing a novel, 'one stop shop' case-based reasoning framework to streamline the provision of clear and individualised guidance for the design and approval of new research projects (involving geographical identifiers about individuals, including crisp recommendations on which specific privacy-preserving solutions and approaches would be suitable in each case.

  6. Musings on privacy issues in health research involving disaggregate geographic data about individuals.

    Science.gov (United States)

    Boulos, Maged N Kamel; Curtis, Andrew J; Abdelmalik, Philip

    2009-07-20

    This paper offers a state-of-the-art overview of the intertwined privacy, confidentiality, and security issues that are commonly encountered in health research involving disaggregate geographic data about individuals. Key definitions are provided, along with some examples of actual and potential security and confidentiality breaches and related incidents that captured mainstream media and public interest in recent months and years. The paper then goes on to present a brief survey of the research literature on location privacy/confidentiality concerns and on privacy-preserving solutions in conventional health research and beyond, touching on the emerging privacy issues associated with online consumer geoinformatics and location-based services. The 'missing ring' (in many treatments of the topic) of data security is also discussed. Personal information and privacy legislations in two countries, Canada and the UK, are covered, as well as some examples of recent research projects and events about the subject. Select highlights from a June 2009 URISA (Urban and Regional Information Systems Association) workshop entitled 'Protecting Privacy and Confidentiality of Geographic Data in Health Research' are then presented. The paper concludes by briefly charting the complexity of the domain and the many challenges associated with it, and proposing a novel, 'one stop shop' case-based reasoning framework to streamline the provision of clear and individualised guidance for the design and approval of new research projects (involving geographical identifiers about individuals), including crisp recommendations on which specific privacy-preserving solutions and approaches would be suitable in each case.

  7. Authoritative parenting and issue involvement as indicators of ad recall: an empirical investigation of anti-drug ads for parents.

    Science.gov (United States)

    Quick, Brian L; Stephenson, Michael T

    2007-01-01

    This investigation explores the role of authoritative parenting and issue involvement in regard to the recall of parental anti-drug ads encouraging child monitoring. In addition, the study tested whether issue involvement mediates the association between authoritative parenting and recall of parental anti-drug television ads among parents (N = 185) with adolescents in Grades 6, 7, and 8. The results indicate that (a) authoritative parenting is positively associated with favorable attitudes toward monitoring children and issue involvement regarding adolescent drug use, (b) issue involvement is associated with ad recall, (c) issue involvement mediates the relationship between authoritative parenting and ad recall, (d) ad recall is not associated with favorable attitudes toward parental monitoring, and (e) favorable attitudes regarding parental monitoring are positively associated with intentions to engage in monitoring within the next 6 months.

  8. Involvement of palliative care in euthanasia practice in a context of legalized euthanasia: A population-based mortality follow-back study.

    Science.gov (United States)

    Dierickx, Sigrid; Deliens, Luc; Cohen, Joachim; Chambaere, Kenneth

    2018-01-01

    In the international debate about assisted dying, it is commonly stated that euthanasia is incompatible with palliative care. In Belgium, where euthanasia was legalized in 2002, the Federation for Palliative Care Flanders has endorsed the viewpoint that euthanasia can be embedded in palliative care. To examine the involvement of palliative care services in euthanasia practice in a context of legalized euthanasia. Population-based mortality follow-back survey. Physicians attending a random sample of 6871 deaths in Flanders, Belgium, in 2013. People requesting euthanasia were more likely to have received palliative care (70.9%) than other people dying non-suddenly (45.2%) (odds ratio = 2.1 (95% confidence interval, 1.5-2.9)). The most frequently indicated reasons for non-referral to a palliative care service in those requesting euthanasia were that existing care already sufficiently addressed the patient's palliative and supportive care needs (56.5%) and that the patient did not want to be referred (26.1%). The likelihood of a request being granted did not differ between cases with or without palliative care involvement. Palliative care professionals were involved in the decision-making process and/or performance of euthanasia in 59.8% of all euthanasia deaths; this involvement was higher in hospitals (76.0%) than at home (47.0%) or in nursing homes (49.5%). In Flanders, in a context of legalized euthanasia, euthanasia and palliative care do not seem to be contradictory practices. A substantial proportion of people who make a euthanasia request are seen by palliative care services, and for a majority of these, the request is granted.

  9. Involvement of palliative care in euthanasia practice in a context of legalized euthanasia: A population-based mortality follow-back study

    Science.gov (United States)

    Dierickx, Sigrid; Deliens, Luc; Cohen, Joachim; Chambaere, Kenneth

    2017-01-01

    Background: In the international debate about assisted dying, it is commonly stated that euthanasia is incompatible with palliative care. In Belgium, where euthanasia was legalized in 2002, the Federation for Palliative Care Flanders has endorsed the viewpoint that euthanasia can be embedded in palliative care. Aim: To examine the involvement of palliative care services in euthanasia practice in a context of legalized euthanasia. Design: Population-based mortality follow-back survey. Setting/participants: Physicians attending a random sample of 6871 deaths in Flanders, Belgium, in 2013. Results: People requesting euthanasia were more likely to have received palliative care (70.9%) than other people dying non-suddenly (45.2%) (odds ratio = 2.1 (95% confidence interval, 1.5–2.9)). The most frequently indicated reasons for non-referral to a palliative care service in those requesting euthanasia were that existing care already sufficiently addressed the patient’s palliative and supportive care needs (56.5%) and that the patient did not want to be referred (26.1%). The likelihood of a request being granted did not differ between cases with or without palliative care involvement. Palliative care professionals were involved in the decision-making process and/or performance of euthanasia in 59.8% of all euthanasia deaths; this involvement was higher in hospitals (76.0%) than at home (47.0%) or in nursing homes (49.5%). Conclusion: In Flanders, in a context of legalized euthanasia, euthanasia and palliative care do not seem to be contradictory practices. A substantial proportion of people who make a euthanasia request are seen by palliative care services, and for a majority of these, the request is granted. PMID:28849727

  10. Stakeholder issues and involvement in decommissioning nuclear facilities. Lessons learnt from WPDD and FSC activities and documentation

    International Nuclear Information System (INIS)

    Pescatore, Claudio; Vari, Anna; Mays, C.; O'Sullivan, P.

    2007-01-01

    The expectation that significant numbers of nuclear power plants will reach the end of their operating lives in the coming decade or so, or will be shut down for economic or other reasons, is resulting in increasing emphasis being given in member countries to the involvement of stakeholders in the associated decision procedures. Although the need for public involvement during the siting process for a new nuclear facility is well established - given the potential for community disruption in terms of population changes and construction nuisance - the role of stakeholders during the shutdown and decommissioning phases is perhaps less well understood. The decision to shut down a nuclear facility before the end of its design lifetime is usually taken for economic, safety or political reasons. In general, there is no requirement in legislation to involve stakeholders directly in this decision; though there can be substantial consequences for local communities in terms of decreasing employment rate and an eventual reduction of revenues for the host municipality. On the other hand, stakeholders do generally have the legal right to be involved in the consequential decision about the strategy for decommissioning the shutdown plant - i.e. the actions taken to facilitate the end of regulatory oversight of the facility - typically through participation in an environmental impact assessment process. In this document, the arguments advanced in favour of stakeholder involvement, and the fostering of relationships with affected communities that are based on trust, are generally applicable to both the above decisions. Although those likely to be most affected by a decision to shut down a nuclear facility are those living nearby, it needs to be remembered that such decisions will sometimes have wider consequences, perhaps even at a national level, e.g. in the event that alternative sources of electricity need to be found to replace that from the shutdown plant. In these situations

  11. Legal briefing: home birth and midwifery.

    Science.gov (United States)

    Pope, Thaddeus Mason; Fisch, Deborah

    2013-01-01

    This issue's "Legal Briefing" column covers recent legal developments involving home birth and midwifery in the United States. Specifically, we focus on new legislative, regulatory, and judicial acts that impact women's' access to direct entry (non-nurse) midwives. We categorize these legal developments into the following 12 categories. 1. Background and History 2. Certified Nurse-Midwives 3. Direct Entry Midwives 4. Prohibition of Direct Entry Midwives 5. Enforcement of Prohibition 6. Challenges to Prohibition 7. Forbearance without License 8. Voluntary Licensure 9. Unclear and Uncertain Status 10. Growth of DEM Licensure 11. Licensure Restrictions 12. Medicaid Coverage

  12. [Legal issues of physician-assisted euthanasia. Part III--Passive euthanasia, comparison of international legislation, conclusions for medical practice].

    Science.gov (United States)

    Laux, Johannes; Röbel, Andreas; Parzeller, Markus

    2013-01-01

    The generic term "passive euthanasia" includes different issues dealing with the omission, discontinuation or termination of life-sustaining or life-prolonging medical treatments. The debate around passive euthanasia focuses on the constitutional right of self-determination of every human being on the one hand and the constitutional mandate of the State to protect human life on the other. Issues of passive euthanasia always require a differentiated approach. Essentially, it comes down to the following: In Germany, the human right of self-determination includes the right to prohibit the performance of life-sustaining treatments, even if this leads to the death of the patient. A physician who does not take life-sustaining treatment measures because this is the free will expressed by the patient is not subject to prosecution. On the other hand, if the physician treats the patient against his will, this can be deemed a punishable act of bodily injury. The patient's will is decisive even if his concrete state of health does no longer allow him to freely express his will. In the Patient's Living Will Act of 2009, the German legislator clarified the juridical assessment of such constellations being of particular relevance in practice. A written living will of a person in which he requests to take or not to take certain medical treatment measures in case that he is no longer able to make the decision himself shall be binding for the people involved in the process of medical treatment. If there is no living will, the supposed will of the patient shall be relevant. In its judgment in the "Putz case", the German Federal Court of Justice ruled in 2010 that actions terminating a life-sustaining treatment that does not correspond to the patient's will must be limited to letting an already ongoing disease process run its course. In this context it is not important, however, whether treatment is discontinued by an active act or by omission. Under certain circumstances, the

  13. 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.

  14. 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...

  15. “What happens to my Facebook profile when I die?” : Legal Issues Around Transmission of Digital Assets on Death

    OpenAIRE

    Edwards, Lilian; Harbinja, Edina

    2013-01-01

    This chapter aims to explore some of the major legal issues pertaining to transmission of digital assets on death. “Digital assets” within this chapter are defined widely and not exclusively to include a huge range of intangible information goods associated with the online or digital world: including social network profiles e.g. on Facebook, Twitter, Google + or Linked In; emails, tweets, databases etc; in-game virtual assets (e.g., as bought, found or built in worlds such as Second Life, Wor...

  16. Low-dose computed tomography for the detection of cocaine body packs. Clinical evaluation and legal issues

    International Nuclear Information System (INIS)

    Pache, G.; Bulla, S.; Baumann, T.; Langer, M.; Blanke, P.

    2012-01-01

    Purpose: To discuss the juridical basis for CT examinations of cocaine body packers and to evaluate the clinical implementation of a tube current reduction-based low-dose CT protocol. Materials and Methods: A literature search was performed to discuss the legal basis regarding the problem, the procedures, the potential harm and the proportionality. Retrospective evaluation of 8 patients who had undergone a low-dose CT scan (body mass index 2 30 mAs; > 25 kg/m 2 60 mAs) during the time period from February until October 2009 in order to exclude or to assess remaining cocaine body packs was approved by the institutional review board. The detectability and condition of the body packs were analyzed. Effective doses were calculated. Results: German jurisdiction does not distinguish between plain film X-ray and CT examinations. Both plain film X-ray and CT examination require a judicial warrant. However, examination results might still remain valid if a warrant was not requested. In 8 examinations (30 mAs n = 3, 60 mAs n = 5, mean BMI 25.9 ± 3.2.) a total of 34 body packs were correctly identified. The mean density of the body packs was 74.4 ± 31.9 HU (range 17 - 154 HU) with a cocaine content between 22.5 % and 72.8 %. The mean estimated radiation dose was 2.23 ± 0.72 mSv. Conclusion: Although medical legal aspects do not specify the diagnostic procedure to be performed, the high diagnostic accuracy and applied radiation dose reduction could establish low-dose CT as the method of choice for detecting cocaine body packs, thereby potentially avoiding future legal problems. (orig.)

  17. Medical school accreditation in Australia: Issues involved in assessing major changes and new programs

    Directory of Open Access Journals (Sweden)

    Michael J. Field

    2011-06-01

    Full Text Available The Australian Medical Council (AMC is an independent company for quality assurance and quality improvement in medical education in Australia and New Zealand. Accreditation procedures for the 20 medical schools in these two countries are somewhat different for three different circumstances or stages of school development: existing medical schools, established courses undergoing major changes, and new schools. This paper will outline some issues involved in major changes to existing courses, and new medical school programs. Major changes have included change from a 6 year undergraduate course to a 5 year undergraduate course or 4 year graduate-entry course, introduction of a lateral graduate-entry stream, new domestic site of course delivery, offshore course delivery, joint program between two universities, and major change to curriculum. In the case of a major change assessment, accreditation of the new or revised course may be granted for a period up to two years after the full course has been implemented. In the assessment of proposals for introduction of new medical courses, six issues needing careful consideration have arisen: forward planning, academic staffing, adequate clinical experience, acceptable research program, adequacy of resources, postgraduate training program and employment.

  18. Status of National Nuclear Infrastructure Development (NG-T-3.2). Basis for Evaluation - Legal, safety, security, safeguards issues

    International Nuclear Information System (INIS)

    Yllera, Javier

    2010-01-01

    A framework for achieving high levels of nuclear safety and security worldwide Builds upon: Legal Instruments; Use of IAEA SSs and security guidance; Harmonization of national regulations; Exchange of knowledge, experiences & regulatory practices and Multinational cooperation and safety reviews. The IAEA is the depository of many key international conventions and legal agreements. All countries with operating nuclear power plants are now parties to the Convention. The main objective of Convention on Nuclear Safety is to achieve and maintain a high level of nuclear safety worldwide through the enhancement of national measures and international cooperation including, where appropriate, safety related technical co-operation. All practical efforts must be made to prevent and mitigate nuclear or radiation accidents. The primary means of preventing and mitigating the consequences of accidents is “defence in depth”. Safety assessments are to be carried out and documented by the organization responsible for operating the facility, are to be independently verified and are to be submitted to the regulatory body as part of the licensing or authorization process. Licensing process must be well-defined, clear, transparent and traceable. The public should be given an opportunity to provide their views during certain steps of the licensing process

  19. Medical-legal issues in headache: penal and civil Italian legislation, working claims, social security, off-label prescription.

    Science.gov (United States)

    Aguggia, M; Cavallini, M; Varetto, L

    2006-05-01

    Primary headaches can be considered simultaneously as symptom and disease itself, while secondary headaches are expressions of a pathological process that can be systemic or locoregional. Because of its subjective features, headache is often difficult to assess and quantify by severity, frequency and invalidity rate, and for these reasons it has often been implicated in legal controversies. Headache has seldom been considered in the criminal law, except when it represents a typical symptom of a disease whose existence can be objectively assessed (i. e. raised intracranial pressure). Therefore, in civil legislation it is not yet coded to start claiming for invalidity compensation. In particular, one of the most debated medical-legal questions is represented by headaches occurring after head injury. Headache is often the principal symptom at the beginning of several toxic chronic syndromes, with many implications, especially in working claims, and, more recently, it may be referred to as one of the most frequent symptoms by victims of mobbing (i. e. psychological harassment in the workplace). The National Institute for Industrial Accident Insurance (INAIL) scales (instituted by the law 38/2000) mention the "Subjective cranial trauma syndrome" and give an invalidity rate evaluation. With reference to other headache forms, no legislation really exists at the present time, and headache is only considered as a symptom of a certain coded disease. Requests for invalidity social pension and the question of off-label prescriptions (drug prescription for a disease, without formal indication for it) are other controversial matters.

  20. 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.

  1. Ethical issues in research involving minority populations: the process and outcomes of protocol review by the Ethics Committee of the Faculty of Tropical Medicine, Mahidol University, Thailand

    Science.gov (United States)

    2013-01-01

    Background Recruiting minorities into research studies requires special attention, particularly when studies involve “extra-vulnerable” participants with multiple vulnerabilities, e.g., pregnant women, the fetuses/neonates of ethnic minorities, children in refugee camps, or cross-border migrants. This study retrospectively analyzed submissions to the Ethics Committee of the Faculty of Tropical Medicine (FTM-EC) in Thailand. Issues related to the process and outcomes of proposal review, and the main issues for which clarification/revision were requested on studies, are discussed extensively. Methods The study data were extracted from proposals and amendments submitted to the FTM-EC during the period October 2009 – September 2012, and then analyzed qualitatively and quantitatively. The main issues for clarification/revision were analyzed by thematic content analysis. Results 373 proposals were submitted; 44 studies involved minority groups with 21 extra-vulnerable minorities. All clinical and 2/3 of non-clinical studies submitted for initial review underwent full-board review. For combined clinical and non-clinical study submissions, 92.1% were referred back to the investigators and approved after clarification/revision, while 2.7% were deferred due to major/critical changes, and 2.1% not approved due to substantial violations of ethical principles. The main issues needing clarification/revision differed between all studies and those involving minorities: participant information sheet (62.2% vs. 86.4%), informed consent/assent form (51.2% vs. 86.4%), and research methodology (80.7% vs. 84.1%), respectively. The main ethical issues arising during the meetings, regarding studies involving minorities, included ensuring no exploitation, coercion, or pressure on the minority to participate; methodology not affecting their legal status; considering ethnicity and cultural structure; and providing appropriate compensation. Conclusion Delays in the approval or non

  2. Genetic testing and genomic analysis: a debate on ethical, social and legal issues in the Arab world with a focus on Qatar.

    Science.gov (United States)

    El Shanti, Hatem; Chouchane, Lotfi; Badii, Ramin; Gallouzi, Imed Eddine; Gasparini, Paolo

    2015-11-14

    In 2013 both Saudi Arabia and Qatar launched genome projects with the aim of providing information for better diagnosis, treatment and prevention of diseases and, ultimately to realize personalized medicine by sequencing hundred thousands samples. These population based genome activities raise a series of relevant ethical, legal and social issues general, related to the specific population structure as well as to the Islamic perspective on genomic analysis and genetic testing. To contribute to the debate, the Authors after reviewing the existing literature and taking advantage of their professional experience in the field and in the geographic area, discuss and provide their opinions. In particular, the Authors focus on the impact of consanguinity on population structure and disease frequency in the Arab world, on genetic testing and genomic analysis (i.e. technical aspects, impact, etc.) and on their regulations. A comparison between the Islamic perspective and the ethical, social and legal issues raised in other population contexts is also carried. In conclusion, this opinion article with an up-to-date contribution to the discussion on the relevance and impact of genomic analysis and genetic testing in the Arab world, might help in producing specific national guidelines on genetic testing and genomic analysis and help accelerate the implementation and roll out of genome projects in Muslim countries and more specifically in Qatar, and other countries of the Gulf.

  3. The legal points at issue concerning the Non-proliferation Treaty and the verification agreement of EURATOM with the IAEA

    International Nuclear Information System (INIS)

    Zieger, G.

    1975-01-01

    An excellent and comprehensive but very juridicial contribution on: Development and content of the Non-proliferation Treaty, the problems which this Treaty poses for EURATOM (a common market, common supply, joint enterprises, Non-proliferation Treaty and France), the compatibility of the Non-proliferation Treaty with the EURATOM Treaty, verification agreement EURATOM - IAEA (the IAEA as the supervisory authority, the control system of the IAEA, guidelines elaborated by the IAEA to be used as the basis for negotiating safeguard agreements, national systems of accounting for and control of nuclear material IAEA supervision as a secondary control, principles of IAEA supervision, secrecy, conflict management), conclusion of the verification agreement, deviations from the guidelines elaborated by the IAEA to be used as the basis for negotiating safeguard agreements legal reflexions (verification agreement and Non-proliferation Treaty, reservations concerning the Non-proliferation Treaty, questions of competence between EURATOM and member states without nuclear weapons, problems of equal treatment). (HP/LN) [de

  4. Deep Sequencing of Plant and Animal DNA Contained within Traditional Chinese Medicines Reveals Legality Issues and Health Safety Concerns

    Science.gov (United States)

    Coghlan, Megan L.; Haile, James; Houston, Jayne; Murray, Dáithí C.; White, Nicole E.; Moolhuijzen, Paula; Bellgard, Matthew I.; Bunce, Michael

    2012-01-01

    Traditional Chinese medicine (TCM) has been practiced for thousands of years, but only within the last few decades has its use become more widespread outside of Asia. Concerns continue to be raised about the efficacy, legality, and safety of many popular complementary alternative medicines, including TCMs. Ingredients of some TCMs are known to include derivatives of endangered, trade-restricted species of plants and animals, and therefore contravene the Convention on International Trade in Endangered Species (CITES) legislation. Chromatographic studies have detected the presence of heavy metals and plant toxins within some TCMs, and there are numerous cases of adverse reactions. It is in the interests of both biodiversity conservation and public safety that techniques are developed to screen medicinals like TCMs. Targeting both the p-loop region of the plastid trnL gene and the mitochondrial 16S ribosomal RNA gene, over 49,000 amplicon sequence reads were generated from 15 TCM samples presented in the form of powders, tablets, capsules, bile flakes, and herbal teas. Here we show that second-generation, high-throughput sequencing (HTS) of DNA represents an effective means to genetically audit organic ingredients within complex TCMs. Comparison of DNA sequence data to reference databases revealed the presence of 68 different plant families and included genera, such as Ephedra and Asarum, that are potentially toxic. Similarly, animal families were identified that include genera that are classified as vulnerable, endangered, or critically endangered, including Asiatic black bear (Ursus thibetanus) and Saiga antelope (Saiga tatarica). Bovidae, Cervidae, and Bufonidae DNA were also detected in many of the TCM samples and were rarely declared on the product packaging. This study demonstrates that deep sequencing via HTS is an efficient and cost-effective way to audit highly processed TCM products and will assist in monitoring their legality and safety especially when

  5. Emergency communication and information issues in terrorist events involving radioactive materials.

    Science.gov (United States)

    Becker, Steven M

    2004-01-01

    With the threat posed by terrorism involving radioactive materials now high on the nation's agenda, local, state, and federal agencies are moving to enhance preparedness and response capabilities. Crucial to these efforts is the development of effective risk communication strategies. This article reports findings from an ongoing study of risk communication issues in nuclear/radiological terrorism situations. It is part of a larger CDC-funded effort that aims to better understand communication challenges associated with weapons of mass destruction terrorism incidents. Presented here are formative research findings from 16 focus groups (n = 163) in which a multi-part, hypothetical radioactive materials terrorism situation was discussed. Twelve of the focus groups were carried out with members of the general public (drawn from a variety of ethnic backgrounds and geographic locations), and four groups were composed of first responders, hospital emergency department personnel, and public health professionals. One aim of the focus groups was to elicit detailed information on people's knowledge, views, perceptions, reactions, and concerns related to a nuclear/radiological terrorism event, and to better understand people's specific information needs and preferred information sources. A second aim was to pretest draft informational materials prepared by CDC and NIOSH. Key findings for the public and professional groups are presented, and the implications of the research for developing messages in radiological/nuclear terrorism situations are explored.

  6. The problem involving OPMEs and the health plans contracts: outline and analysis of the issue

    Directory of Open Access Journals (Sweden)

    MARTINS, Paulo Roberto do Nascimento

    2016-06-01

    Full Text Available This paper has as its scope to introduce and analyze some of most polemic issues involving the indications of OPMEs within the health plans contracts. During the text, are exhibited normative elements related to this context, as well as some judicial decisions concerning this matter, aiming to defend, with reasonable grounds, that the indication of the patient’s doctor, when choosing prostheses and orthoses, cannot be taken as the unique nor necessarily the best opinion, given the existence of other interests, beyond the patient’s health, that are often in stake as well. At the end, it is explained that, in light of the currently existing regulation in Brazil, in the context of the supplementary health system, to the patient’s doctor is given the authority only to indicate the characteristics of the materials needed, leaving it to the health plans Operators the choice of the brand and the manufacturer. As long as the courts deny these rules, this serious problem will not be solved.

  7. The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

    Directory of Open Access Journals (Sweden)

    M.A.Albelahi Abdulrahman

    2018-01-01

    Full Text Available Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs

  8. Special Issue: Intellectual Property in the Information Age: Knowledge as Commodity and its Legal Implications for Higher Education

    Science.gov (United States)

    Sun, Jeffrey C., Ed.; Baez, Benjamin, Ed.

    2009-01-01

    This monograph examines in great detail two kinds of intellectual property: copyrights and patents. Though the authors recognize the significance of trademarks and trade secrets, they focus primarily on copyrights and patents in this monograph because they represent the most significant issues in higher education in the information age.…

  9. Predictive value of testing for multiple genetic variants in multifactorial diseases: implications for the discourse on ethical, legal and social issues

    Directory of Open Access Journals (Sweden)

    A. Cecile J.W. Janssens

    2006-12-01

    Full Text Available Multifactorial diseases such as type 2 diabetes, osteoporosis, and cardiovascular disease are caused by a complex interplay of many genetic and nongenetic factors, each of which conveys a minor increase in the risk of disease. Unraveling the genetic origins of these diseases is expected to lead to individualized medicine, in which the prevention and treatment strategies are personalized on the basis of the results of predictive genetic tests. This great optimism is counterbalanced by concerns about the ethical, legal, and social implications of genomic medicine, such as the protection of privacy and autonomy, stigmatization, discrimination, and the psychological burden of genetic testing. These concerns are translated from genetic testing in monogenic disorders, but this translation may not be appropriate. Multiple genetic testing (genomic profiling has essential differences from genetic testing in monogenic disorders. The differences lie in the lower predictive value of the test results, the pleiotropic effects of susceptibility genes, and the low inheritance of genomic profiles. For these reasons, genomic profiling may be more similar to nongenetic tests than to predictive tests for monogenic diseases. Therefore, ethical, legal, and social issues that apply to predictive genetic testing for monogenic diseases may not be relevant for the prediction of multifactorial disorders in genomic medicine.

  10. The political, legal, and financial issues that plastic surgery is facing and how to develop a plan to cope.

    Science.gov (United States)

    Luria, L William

    2002-01-01

    Our specialty has been a creative wonder and an outright blessing to mankind. We have honed the arts of soft-tissue reconstruction to a level never thought possible just 100 years ago. We have found solutions to wound problems long after others have given up. We have restored the destroyed features of people ravaged by disease, life circumstances, and the acts of war. We have treated the deformed child, the patient with cancer, and reversed the signs of age. But as Thomas Sowell states in his article in 1994 in Forbes Magazine on the 100th anniversary of the birth of Fredrich Hayek, the author of The Road to Serfdom, the rule of law, which Hayek saw as crucial to the economy and to the survival of freedom, is nowhere in greater danger than in the supreme court of the United States. Sowell warned of the process going on that would bring socialism to our health care delivery system. He goes on to assert that it will be paid for by "loss of freedom to make our own decisions about medical care that are literally questions of life and death. The key to the future of medicine is now in our hands. This key will open the door to every doctor's dream of having the technologies that will allow physicians to diagnose and treat all the physical ills of the human race. Or the key, on the other hand, could open the exit door through which the best and brightest will leave medicine, feeling that they no longer can take on the legal and the financial risks to themselves and their families. The road to freedom from the controlling factors noted will require a change in culture. Knowing these facts will allow the plastic surgeon in practice to accept these factors and work with them to provide better care for their patients.

  11. The Potential Impact of Social Science Research on Legal Issues Surrounding Single-Sex Classrooms and Schools

    Science.gov (United States)

    Eckes, Suzanne Elizabeth; McCall, Stephanie D.

    2014-01-01

    Purpose: This article examines the role social science has played in litigation involving public single-sex educational programs. It also explores a body of social science research related to gender and education that we believe could assist the courts and school leaders in better examining the possibilities and the limitations of single-sex…

  12. Lay and professional stakeholder involvement in scoping palliative care issues: Methods used in seven European countries

    NARCIS (Netherlands)

    Brereton, L.; Ingleton, C.; Gardiner, C.; Goyder, E.; Mozygemba, K.; Lysdahl, K.B.; Tummers, M.J.; Sacchini, D.; Leppert, W.; Blazeviciene, A.; Wilt, G.J. van der; Refolo, P.; Nicola, M. De; Chilcott, J.; Oortwijn, W.

    2017-01-01

    BACKGROUND: Stakeholders are people with an interest in a topic. Internationally, stakeholder involvement in palliative care research and health technology assessment requires development. Stakeholder involvement adds value throughout research (from prioritising topics to disseminating findings).

  13. 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

  14. Methodological issues involved in conducting qualitative research on support for nurses directly involved with women who chose to terminate their pregnancy

    Directory of Open Access Journals (Sweden)

    Antoinette Gmeiner

    2001-11-01

    Full Text Available The purpose of this article is to describe the methodological issues involved in conducting qualitative research to explore and describe nurses’ experience of being directly involved with termination of pregnancies and developing guidelines for support for these nurses. Opsomming Die doel van hierdie artikel is om die metodologiese vraagstukke te beskryf rondom die uitvoer van kwalitatiewe navorsing waar verpleegkundiges se ervaring van hul direkte betrokkenheid by terminasie van swangerskap verken en beskryf is. *Please note: This is a reduced version of the abstract. Please refer to PDF for full text.

  15. Legal Protections in Public Accommodations Settings: A Critical Public Health Issue for Transgender and Gender-Nonconforming People.

    Science.gov (United States)

    Reisner, Sari L; Hughto, Jaclyn M White; Dunham, Emilia E; Heflin, Katherine J; Begenyi, Jesse Blue Glass; Coffey-Esquivel, Julia; Cahill, Sean

    2015-09-01

    Since 2012, Massachusetts law has provided legal protections against discrimination on the basis of gender identity in employment, housing, credit, public education, and hate crimes. The law does not protect against discrimination based on gender identity in public accommodations settings such as transportation, retail stores, restaurants, health care facilities, and bathrooms. A 2013 survey of Massachusetts transgender and other gender minority adults found that in the past 12 months, 65% had experienced public accommodations discrimination since the law was passed. This discrimination was associated with a greater risk of adverse emotional and physical symptoms in the past 30 days. Nondiscrimination laws inclusive of gender identity should protect against discrimination in public accommodations settings to support transgender people's health and their ability to access health care. Gender minority people who are transgender or gender nonconforming experience widespread discrimination and health inequities. Since 2012, Massachusetts law has provided protections against discrimination on the basis of gender identity in employment, housing, credit, public education, and hate crimes. The law does not, however, protect against discrimination in public accommodations (eg, hospitals, health centers, transportation, nursing homes, supermarkets, retail establishments). For this article, we examined the frequency and health correlates of public accommodations discrimination among gender minority adults in Massachusetts, with attention to discrimination in health care settings. In 2013, we recruited a community-based sample (n = 452) both online and in person. The respondents completed a 1-time, electronic survey assessing demographics, health, health care utilization, and discrimination in public accommodations venues in the past 12 months. Using adjusted multivariable logistic regression models, we examined whether experiencing public accommodations discrimination in

  16. Combining sound science, legal action and stakeholder involvement to protect a vulnerable coastal aquifer on the island of St. Kitts

    Science.gov (United States)

    Sahely, H.; Nettles, S.; Burrowes, R.; Haas, G.

    2011-12-01

    survey of land use and sources of pollution highlighted pollution threats such as indiscriminate dumping of solid waste, nutrient loading from informal livestock farming and unregulated commercial waste effluent discharges. An action plan with various time horizons was devised to cope with these issues and will be discussed in this paper. The main actions realized during the project's lifetime were the drafting of a new Water Resources Act and public education and outreach to major stakeholders. Finally, the cornerstone of the project was the designation of a National Park around the sensitive well-field area. A park management plan was devised to protect the aquifer, provide green space in an urban setting, create a high-valued tourist attraction, contribute to socio-economic welfare and serve as an outdoor classroom. The lessons learned from this novel and multi-faceted project can easily be transferred to other small island developing states worldwide to promote the protection of vulnerable coastal aquifers.

  17. Economical, legal and political issues relating to the program for decommissioning the German Wismut uranium mines and mills

    International Nuclear Information System (INIS)

    Mager, D.

    1995-01-01

    One of the world's largest uranium mining districts is located in the German states of Saxony and Thuringia. In 45 years of intense mining efforts, 220,000 metric tonnes of uranium were produced. This corresponds to approximately 13% of the world's post-war production. The legacy of this huge strategic mining operation is widespread damage to the environment and to humans. Financed by the federal budget and administered by the German Ministry of Economics (BMWi), the national WISMUT Corporation is now carrying out an internationally unique decommissioning and rehabilitation program. The aim is to reduce the threat to the environment to a minimum, to implement an ecologically difficult shutdown of underground and surface mining facilities, and to decontaminate former mining sites for suitable reuse. The results of nearly five years of rehabilitation work show that substantial progress has been achieved. Nevertheless, the project is subject to permanent crossfire in the political arena, mainly due to the wide public interest in issues focusing on the danger of radiation to the environment

  18. Yesterday's war; tomorrow's technology: peer commentary on 'Ethical, legal, social and policy issues in the use of genomic technologies by the US military'.

    Science.gov (United States)

    Evans, Nicholas G; Moreno, Jonathan D

    2015-02-01

    A recent article by Maxwell J. Mehlman and Tracy Yeheng Li, in the Journal of Law and the Biosciences , sought to examine the ethical, legal, social, and policy issues associated with the use of genetic screening and germ-line therapies ('genomic technologies') by the US Military. In this commentary, we will elaborate several related matters: the relationship between genetic and non-genetic screening methods, the history of selection processes and force strength, and the consequences and ethics of, as Mehlman and Li suggest, engineering enhanced soldiers. We contend, first, that the strengths of genomic testing as a method of determining enrollment in the armed forces has limited appeal, given the state of current selection methods in the US armed forces. Second, that the vagaries of genetic selection, much like other forms of selection that do not bear causally or reliably on soldier performance (such as race, gender, and sexuality), pose a systematic threat to force strength by limiting the (valuable) diversity of combat units. Third, that the idea of enhancing warfighters through germ-line interventions poses serious ethical issues in terms of the control and ownership of 'enhancements' when members separate from service.

  19. "Why can't I give you my organs after my heart has stopped beating?" An overview of the main clinical, organisational, ethical and legal issues concerning organ donation after circulatory death in Italy.

    Science.gov (United States)

    Giannini, Alberto; Abelli, Massimo; Azzoni, Giampaolo; Biancofiore, Gianni; Citterio, Franco; Geraci, Paolo; Latronico, Nicola; Picozzi, Mario; Procaccio, Francesco; Riccioni, Luigi; Rigotti, Paolo; Valenza, Franco; Vesconi, Sergio; Zamperetti, Nereo

    2016-03-01

    Donation after circulatory death (DCD) is a valuable option for the procurement of functioning organs for transplantation. Clinical results are promising and public acceptance is quite good in most western countries. Yet, although DCD is widespread in Europe, several problems still persist in Italy as well as in some other countries. This paper aims to describe the main clinical, organisational, ethical and legal issues at stake, bearing in mind the particular situation created by Italian legislation. Currently, as regards DCD, Italy is somewhat different from other countries. Therefore, every effort should be made for the safe and effective implementation of DCD programs: uncontrolled DCD programs should be promoted and encouraged, within the framework of shared and authoritative rules. At the same time, we need to tackle the question of controlled DCD, promoting debate among all involved subjects regarding the fundamental issues of end-of-life care within protocols that best integrate the highest standard of care for the dying and the legitimate interests of those awaiting a life-saving organ.

  20. Impact of human genome initiative-derived technology on genetic testing, screening and counseling: Cultural, ethical and legal issues

    Energy Technology Data Exchange (ETDEWEB)

    Trottier, R.W.; Hodgin, F.C.; Imara, M.; Phoenix, D.; Lybrook, S. (Morehouse Coll., Atlanta, GA (United States). School of Medicine); Crandall, L.A.; Moseley, R.E.; Armotrading, D. (Florida Univ., Gainesville, FL (United States). Coll. of Medicine)

    1993-01-01

    Genetic medical services provided by the Georgia Division of Public Health in two northern and two central districts are compared to services provided in a district in which a tertiary care facility is located. Genetics outreach public health nurses play key roles in Georgia's system of Children's Health Services Genetics Program, including significant roles as counselors and information sources on special needs social services and support organizations. Unique features of individual health districts, (e.g., the changing face of some rural communities in ethnocultural diversity and socioeconomic character), present new challenges to current and future genetics services delivery. Preparedness as to educational needs of both health professionals and the lay population is of foremost concern in light of the ever expanding knowledge and technology in medical genetics. Perspectives on genetics and an overview of services offered by a local private sector counselor are included for comparison to state supported services. The nature of the interactions which transpire between private and public genetic services resources in Georgia will be described. A special focus of this research includes issues associated with sickle cell disease newborn screening service delivery process in Georgia, with particular attention paid to patient follow-up and transition to primary care. Of particular interest to this focus is the problem of loss to follow-up in the current system. Critical factors in education and counseling of sickle cell patients and the expectations of expanding roles of primary care physicians are discussed. The Florida approach to the delivery of genetic services contrasts to the Georgia model by placing more emphasis on a consultant-specialist team approach.

  1. Effects of Exposure to Environmental Groups on Student Awareness of Environmental Issues and Their Desire to Be Locally Involved

    Science.gov (United States)

    Burke, Ann M.

    2017-01-01

    This study investigated changes in high school students' awareness of environmental issues and their intent to be involved with local environmental groups after attendance at an environmental fair that exposed them to local environmental groups. A comparison of prefair and postfair surveys given to students indicated a highly significant increase…

  2. Pokémon Go and the Law: Privacy, Intellectual Property, and Other Legal Concerns

    OpenAIRE

    Li, Tiffany

    2017-01-01

    Before the first lawsuits arrive, this article provides a brief analysis of some of the legal issues involved with the new hit mobile game, including: personal injury liability; privacy; intellectual property; trespass; augmented reality; and virtual currency. This is not an exhaustive list of every legal possibility inherent in the Pokémon Go world. These are just some of the legal issues at play when users, well, play. While this may seem like a long list of potential legal problems, the re...

  3. Investigating issues and challenges for customer involvement in business services innovation

    DEFF Research Database (Denmark)

    Nicolajsen, Hanne Westh; Hugger, Ada Scupola

    2011-01-01

    innovation processes to different degrees. However, actively involving customers in radical services innovation require a relationship between the customer company and the service provider that might be described as a partnership in which ongoing learning takes place to develop new solutions. The findings......Purpose – The paper aims to investigate how customers may contribute to radical innovation in consultancy services and the conditions needed for customers to be involved in such radical service innovations. Design/methodology/approach – The paper uses a qualitative case study approach including...... rich descriptions based primarily on interviews to investigate an extreme example of successful customer involvement in the development of radical service innovations at Ramboll, a leading Scandinavian engineering consultancy. Findings – The study reveals that customers may be involved in radical...

  4. Judicial Review: Issues of State Court Involvement in School Finance Litigation.

    Science.gov (United States)

    Colwell, William Bradley

    1998-01-01

    Due to state legislatures' reluctance to initiate school-funding reform, judicial bodies are asked to provide relief from alleged inequities. Before providing judicial review, the judiciary must decide whether an issue is justiciable (does not violate separation of powers) and warrants court intervention. Children's education has not substantially…

  5. The issue of legal protection of the intensive care unit physician within the context of patient consent to treatment. Part I: conscious patient, refusing treatment.

    Science.gov (United States)

    Siewiera, Jacek; Trnka, Jakub; Kübler, Andrzej

    2014-01-01

    In daily clinical practice, physicians working in intensive care units (ICUs) face situations when their professional duty to protect the patient's life is in conflict with the obligation to respect the will of the patient and to assess his or her chances of treatment. Although the mere fact of conflict between these fundamental values for the ICU physician is a natural and obvious element in the chosen specialisation, many 'non-medical' circumstances make the given conflict not only very difficult but also dangerous for the physician. So far, the ethical and legal aspects of dying have been commented upon by a large group of lawyers and experts involved in the interpretation of the Polish regulations. The authors believe that a detailed analysis of the regulations should be carried out by persons of legal education, possessing a genuine medical experience associated with the specificity of end of life care in ICUs. In this paper, the authors have compared the current regulations of legislative acts of the common law relating to medical activities at anaesthesiology and intensive care units as well as based on the judgements of the common court of law over the past ten years. In the act of dissuading an ICU doctor from a medical procedure, all factors influencing the doctor's responsibility should be taken into account in accordance with the criminal law. In the case of a patient's death due to a refusal of treatment with the patient's full awareness, and given proper notification as to the consequences of refusing treatment, the doctor's responsibility lies under article 150 of the Polish penal code.

  6. Ethical issues when involving people newly diagnosed with dementia in research.

    Science.gov (United States)

    Holland, Suzanne; Kydd, Angela

    2015-03-01

    To discuss the methodological and ethical review challenges encountered by researchers who want to enable people with dementia to be involved in research. There has been increasing recognition of the importance of involving people with dementia in research. However, an argument has centred on the protection of these vulnerable clients versus their freedom to be involved as participants in research. People with dementia do have the right to have their experiences explored. Involving this client group in research is essential to gain a true understanding of their needs. The lead author's experience of conducting a study in which people newly diagnosed with dementia were recruited as research participants. An interpretive phenomenological approach was adopted during this qualitative study, with data collected by means of one to one interviews with people newly diagnosed with dementia. This study was completed within the set timeframe, but a large part of the work was spent gaining ethical approval. This meant that the timeframe of the study period was reduced and as a result, it was only possible to recruit three participants. However, people with dementia are perhaps one of the most vulnerable client groups and it is only right that they should not be subjected to harm. Ethical review is an important part of research. Meeting the ethical requirements of research involving people with dementia requires time and careful preparation to ensure that researchers safeguard the interests of this vulnerable client group, while also allowing the participants the opportunity to exercise their autonomy to their fullest potential. Conducting research that involves people with dementia may be time consuming, but it is only fair that this client group are afforded the freedom to be involved in research. This small time-limited study points to the need for larger pilot studies to hear from individuals what needs they have following a diagnosis of dementia.

  7. Negligent Liability Issues Involving Colleges and Students: Does an Ethic of Caring Heighten Institutional Liability?

    Science.gov (United States)

    Beckham, Joseph; Pearson, Douglas

    This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002--addresses the question of how and to what extent institutions of higher learning could be held liable for negligence involving students. The paper is, mainly, a review of recent case law related to the liability of…

  8. The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court?

    International Nuclear Information System (INIS)

    Zimmermann, B.

    1992-01-01

    The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court? The article examines questions of recourse to the competent court, problems concerning the admissibility of legal proceedings before the Federal Admininstrative Court, the competence of the Laender in performing administrative acts on behalf of the Federation, the effectiveness of legal protection and the relationship between the Laender and the Federation in terms of responsibility for constitutional rights. The legal protection offered by administrative law, against a directive of the Federal Government is wholly ineffective, as there is no legal position a Land could bring into play to defened itself against a directive leading to unlawful action. Inequites which thus occur can however be met via a dispute between the Federation and the Laender as provided by the constitution, as the content of a directive becomes relevant in attempts to exert influence on the competence issue. Ultimately the rulings of the Basic Law on competence serve to protect the citizen and the community against excesses. In this connection the constitutional rights in their capacity as negative competence rulings disqualify executive acts. (orig./HSCH) [de

  9. Issues in Informal Education: Event-Based Science Communication Involving Planetaria and the Internet

    Science.gov (United States)

    Adams, Mitzi L.; Gallagher, D. L.; Whitt, A.; Whitaker, Ann F. (Technical Monitor)

    2001-01-01

    For the last several years the Science Directorate at Marshall Space Flight Center has carried out a diverse program of Internet-based science communication. The program includes extended stories about NASA science, a curriculum resource for teachers tied to national education standards, on-line activities for students, and webcasts of real-time events. The focus of sharing real-time science related events has been to involve and excite students and the public about science. Events have involved meteor showers, solar eclipses, natural very low frequency radio emissions, and amateur balloon flights. In some cases broadcasts accommodate active feedback and questions from Internet participants. Panel participation will be used to communicate the problems and lessons learned from these activities over the last three years.

  10. The legal issues of Chernobyl

    International Nuclear Information System (INIS)

    Anon.

    1986-01-01

    According to international law the Federal Republic of Germany has a right to claim compensations from the Soviet Union. This all the more as both states have signed the treaty of Nov. 13, 1979 which as part of the UN Economic Commission for Europe (ECE) is known as the ''Convention on Long-Range Transboundary Air Pollution''. By civil law victims may sue a Kiev court for compensations or else sue for damages in the Federal Republic of Germany. It is very unlikely that the reactor management itself will pay any damages. According to the Atomic Energy Law, paragraph 38, 2 and paragraph 34, 1 p. 2 victims in the Federal Republic of Germany may claim compensations up to a maximum of 1 billion marks from the Federal Government. However, compensations may only be sued for if attempts to sue a Soviet court have failed. Compensations must be claimed at the Federal Administrative Board in Cologne. (HP) [de

  11. Legal Issues in Cyber Targeting

    DEFF Research Database (Denmark)

    Juhlin, Jonas Alastair

    Imagine this scenario: Two states are in armed conflict with each other. In order to gain an advantage, one side launches a cyber-attack against the opponent’s computer network. The malicious malware paralyze the military computer network, as intended, but the malware spreads into the civilian...... system with physical damage to follow. This can happen and the natural question arises: What must be considered lawful targeting according to the international humanitarian law in cyber warfare? What steps must an attacker take to minimize the damage done to unlawful targets when conducting an offensive...... operation? How can the attacker separate military targets from civilian targets in cyber space? This paper addresses these questions and argues that a network (civilian or military) consist of several software components and that it is the individual components that is the target. If the components are used...

  12. Punishment and Aversive Stimulation in Special Education: Legal, Theoretical and Practical Issues in Their Use with Emotionally Disturbed Children and Youth.

    Science.gov (United States)

    Wood, Frank H., Ed.; Lakin, K. Charlie, Ed.

    Seven papers from a 1978 conference focus on the use of punishment in special education programs for emotionally disturbed students. In "The Legal Status of the Use of Corporal Punishment and Other Aversive Procedures in Schools," F. Wood and K. Lakin review laws, regulations, and court decisions that bear on the legality of the use of…

  13. Issues in Informal Education: Event-Based Science Communication Involving Planetaria and the Internet

    Science.gov (United States)

    Adams, M.; Gallagher, D. L.; Whitt, A.; Six, N. Frank (Technical Monitor)

    2002-01-01

    For the past four years the Science Directorate at Marshall Space Flight Center has carried out a diverse program of science communication through the web resources on the Internet. The program includes extended stories about NAS.4 science, a curriculum resource for teachers tied to national education standards, on-line activities for students, and webcasts of real-time events. Events have involved meteor showers, solar eclipses, natural very low frequency radio emissions, and amateur balloon flights. In some cases broadcasts accommodate active feedback and questions from Internet participants. We give here, examples of events, problems, and lessons learned from these activities.

  14. AÇÕES DE SAÚDE CONTRA O PODER PÚBLICO: ENSAIO DE UM ROTEIRO DECISÓRIO / LEGAL HEALTH ISSUES FILED AGAINST THE GOVERNMENT: ESSAY OF A DECISION GUIDE

    Directory of Open Access Journals (Sweden)

    Francisco Glauber Pessoa Alves

    2017-02-01

    Full Text Available This article seeks to establish minimum standards of coping with legal health issues filed against the government in Brazilian law. For this purpose, we used improved information sources, based on the so called Medical Evidence, in order to provide more technical and specific decisions. There are gaps in the jurisprudential and doctrinal sources on the subject. Sensitive and traumatic issues are considered, in the aspect of the so-called “tragic choices”. We bring a point of view that uses researches and medical information, beyond the legal issue. The bases used were the high jurisprudence and the National Council of Justice. It is also argued that the judge consider the macro aspect, especially the legitimate choices of public policy legitimately made by the administrator. There was use of the analytical-discursive method. At the end, it presents a decision-making guide able to provide solutions to daily cases in forensic routine.

  15. Celebrating the work of Gavin Mooney: inclusiveness and involvement in global and public health issues.

    Science.gov (United States)

    McIntyre, Diane

    2014-05-01

    This paper considers Gavin Mooney's contributions to the research literature on inclusiveness in global and public health issues. Much of his contribution in this area stems from engaging with Indigenous people, which cemented his conviction that it is important to recognise the heterogeneity of groups in society, especially in relation to cultural differences. He believed that in order to develop appropriate equitable and efficient health and related policies, the preferences of citizens should be elicited. While this could feed into very specific policy decisions, such as how to allocate available resources within a particular community, more generally, community preferences should determine the core values that underpin a health system. He proposed that these values be documented in a 'constitution' and serve as the basis on which policy-makers and health managers make decisions. Preference elicitation has value in itself, as procedural justice allows for self-determination and contributes to empowerment. Further, engagement by citizens in deliberative processes can overcome polarisation. Health systems themselves, if developed as social institutions, can influence the nature of society and contribute to greater unity. Mooney raised similar concerns about policies arising from mono-cultural global perspectives and argued that, whether at the national or global level, values for health systems should be based on community preferences. He particularly highlighted the unequal distribution of benefits of neoliberal globalisation as the cause of growing health and wealth inequalities globally. There is resonance between Mooney's views on these issues and some of the contributions to the post-2015 development agenda debates. While it is unlikely that we have reached a point where the stranglehold of neo-liberal governments on key global institutions will be broken, the current debates nevertheless present an important window of opportunity to struggle for shifts in

  16. Evaluation of an educational exhibition on global issues and consumer responsibility: From involvement to hopelessness

    Directory of Open Access Journals (Sweden)

    Jan Činčera

    2013-09-01

    Full Text Available The article presents the evaluation of an interactive exhibition for secondary education students (15-19 years old, focusing on global problems and consumer responsibility. The evaluation was conducted in three schools. Data were obtained from interviews with teachers (N=3 and questionnaires (N=204 distributed among students after the exhibition. For the analysis, both quantitative and qualitative approaches were used. The results suggest that the exhibition was successful in terms of involving students and increasing their awareness of the problems. Some students evaluated the exhibition as manipulative. An unintended effect of the exhibition was students’ feeling of hopelessness. This article discusses the results and suggests a change in strategy when dealing with global problems in schools.

  17. Issues involved in a knowledge-based approach to procedure synthesis

    International Nuclear Information System (INIS)

    Hajek, B.K.; Khartabil, L.F.; Miller, D.W.

    1992-01-01

    Many knowledge-based systems (KBSs) have been built to assist human operators in managing nuclear power plant operating functions, such as monitoring, fault diagnosis, alarm filtering, and procedure management. For procedure management, KBSs have been built to display and track existing written procedures or to dynamically follow procedure execution by monitoring plant data and action execution and suggesting recovery steps. More recent works build KBSs able to synthesize procedures. This paper addresses and examines the main issues related to the implementation of on-line procedure synthesis using KBSs. A KBS for procedure synthesis can provide a more robust and effective procedural plan during accidents. Currently existing procedures for abnormal plant conditions, written as precompiled step sets based on the event and symptom approaches, are inherently not robust because anticipation of all potential plant states and associated plant responses is not possible. Thus, their failure recovery capability is limited to the precompiled set. Procedure synthesis has the potential to overcome these two problems because it does not require such precompilation of large sets of plant states and associated recovery procedures. Other benefits obtained from a complete procedure synthesis system are providing (a) a methodology for off-line procedure verification and (b) a methodology for the eventual automation of plant operations

  18. 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.

  19. Legal regime of human activities in outer space law

    Science.gov (United States)

    Golda, Carlo

    1994-01-01

    Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

  20. Legal Risk Associated with Electronic Funds Transfer

    OpenAIRE

    Abdulah, Samahir

    2014-01-01

    The past thirty years have seen rapid advances in the technological component of banking services and as a consequence new legal issues have come to the fore, especially with regard to Electronic Fund Transfers (EFTs) which are now used to transfer money around the world, and have made fund transactions between payers and payees easier, faster and more secure. The method involves risks for both banks and customers, due to the possibility of unauthorized payments risks, credit and insolvency p...

  1. [Conceptual and methodological issues involved in the research field of diagnostic reasoning].

    Science.gov (United States)

    Di Persia, Francisco N

    2016-05-01

    The psychopathological field is crossed by dilemmas that put in question its methodological, conceptual and philosophical filiations. Since the early works of Ey and Jaspers until recent work of Berrios it has been in question the position psychopathology has in the field of medicine in general, and in the field of psychiatry in particular, especially if it should follow the principles of natural science or if it has an autonomous position between them. This debate has led to two opposing positions facing two different models of psychopathology: the biomedical model and the socio-constructionist model. In this work it is proposed to review the scope and difficulties involved in each model following two central axes: diagnostic reasoning and mental illness conceptual problem. Later, as a synthesis of the analysis proposed they are identified central concepts of each model that could allow the development of a hybrid model in psychopathology; in between them the comprehensive framework employed in symptoms recognition and the social component that characterizes it are highlighted. As a conclusion, these concepts are proposed as central aspects for conceptual and methodological clarification of the research field of diagnostic reasoning in psychopathology.

  2. Stakeholder involvement in nuclear issues. INSAG-20. A report by the International Nuclear Safety Group

    International Nuclear Information System (INIS)

    2006-01-01

    Many of the world's nuclear power plants were constructed long ago without much public involvement in the associated decision making. It is anticipated, however, that a variety of stakeholders will seek participation in such decisions now as the nuclear option is being revisited in many places. Accidents at Three Mile Island and Chernobyl, among other places, have served to arouse public concern. The development of 'here-and-now' media capabilities has created an awareness that may not have previously existed. Improvements in educational systems and the development of the Internet have made technical information and expertise available to individuals and locations that were previously without them. In addition, consideration of the environmental impacts of various energy strategies has moved to the fore. INSAG has concluded that the expectations of stakeholders of a right to participate in energy decisions are something that the nuclear community must address. Decisions regarding such matters as the siting and construction of a nuclear power plant are no longer largely the domain of a closed community of technical experts and utility executives. Today, the concerns and expectations of all manner of persons and organizations - from the local farmer to the international financial institution - must be considered. This report is intended for use by all stakeholders in the nuclear community - national regulatory authorities, nuclear power plant designers and operators, public interest organizations and individuals, the media and, not to be forgotten, local and national populations. INSAG's fundamental conclusion is that all stakeholders with an interest in nuclear decisions should be provided with an opportunity for full and effective participation in them. With this right, however, come certain obligations on all sides for openness, candour and civility. INSAG is hopeful that this report will help define the interests and roles of the stakeholders in the nuclear

  3. 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...

  4. Collaborative co-parenting: a comparative study of the legal response to poly-parenting in Canada and the UK

    OpenAIRE

    Bremner, Phillip

    2015-01-01

    This socio-legal thesis explores the highly topical and underexplored issue of the legal regulation of gay and lesbian collaborative co-parenting in England & Wales, drawing on British Columbia (Canada) as a jurisdiction where this issue has been considered in more detail. These families involve reproductive collaborations between single or partnered lesbians and gay men where a child is conceived through assisted reproduction and each of the adults remain involved in the child’s life. Collab...

  5. 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...

  6. 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)

  7. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2014-05-01

    Full Text Available Mediation, as an alternative dispute resolution method, is closely connected with the system of legal cultures. Mediation is an important link between legal culture and the judicial system. Mediation also acts as an interface between internal legal culture and external legal culture. This paper addresses the issues regarding the links and interactions between mediation and legal cultures, as well as the effects that arise from these interactions.

  8. Senior Legal Counsel | IDRC - International Development Research ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Advises on a range of current legal and business issues impacting IDRC by ... legal and risk management practices, and recommending courses of action to ... in conducting its overseas operations;; advising on new legislation, such as the ...

  9. 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)

  10. Black youth's personal involvement in the HIV/AIDS issue: does the public service announcement still work?

    Science.gov (United States)

    Keys, Truman R; Morant, Kesha M; Stroman, Carolyn A

    2009-03-01

    Recent public service announcements (PSAs) directed toward Black youth utilize various formats and appeals to stimulate a motivated cognitive process that engenders personal involvement in the HIV/AIDS issue. The Elaboration Likelihood Model (ELM) by Petty and Cacioppo argues that engagement with messages that consist of substantive content causes the audience member to critically analyze the message, which can produce awareness and attitude change. An efficient way to add emphasis to the message and seize the attention of the target audience is to insert the message into an entertainment context. Our study attempted to analyze the impact of the peripheral cue, character appeal, on audience members' attitude change in response to analyzing high- and low-involvement message content. A2 x 4 factorial design was used, with message involvement (high/low) and character appeal (White/Black and celebrity/noncelebrity) as independent variables. The findings showed that celebrity status is the salient factor, with source perception inducing attitude change as a main effect or in an interaction effect with high- and low message content.

  11. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

    The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...

  12. 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...

  13. 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.

  14. Research Involving Health Providers and Managers: Ethical Issues Faced by Researchers Conducting Diverse Health Policy and Systems Research in Kenya.

    Science.gov (United States)

    Molyneux, Sassy; Tsofa, Benjamin; Barasa, Edwine; Nyikuri, Mary Muyoka; Waweru, Evelyn Wanjiku; Goodman, Catherine; Gilson, Lucy

    2016-12-01

    There is a growing interest in the ethics of Health Policy and Systems Research (HPSR), and especially in areas that have particular ethical salience across HPSR. Hyder et al (2014) provide an initial framework to consider this, and call for more conceptual and empirical work. In this paper, we respond by examining the ethical issues that arose for researchers over the course of conducting three HPSR studies in Kenya in which health managers and providers were key participants. All three studies involved qualitative work including observations and individual and group interviews. Many of the ethical dilemmas researchers faced only emerged over the course of the fieldwork, or on completion, and were related to interactions and relationships between individuals operating at different levels or positions in health/research systems. The dilemmas reveal significant ethical challenges for these forms of HPSR, and show that potential 'solutions' to dilemmas often lead to new issues and complications. Our experiences support the value of research ethics frameworks, and suggest that these can be enriched by incorporating careful consideration of context embedded social relations into research planning and conduct. Many of these essential relational elements of ethical practice, and of producing quality data, are given stronger emphasis in social science research ethics than in epidemiological, clinical or biomedical research ethics, and are particularly relevant where health systems are understood as social and political constructs. We conclude with practical and research implications. © 2016 The Authors Developing World Bioethics Published by John Wiley & Sons Ltd.

  15. 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.

  16. 42 CFR 57.1511 - Opinion of legal counsel.

    Science.gov (United States)

    2010-10-01

    ... indebtedness to the lender, stating that the credit and security instruments executed by the applicant are duly... memorandum or opinion of legal counsel with respect to the legality of any proposed note issue, the legal authority of the applicant to issue the note and secure it by the proposed collateral, and the legality of...

  17. Introduction: Re-Igniting Critical Race In Canadian Legal Spaces: Introduction To The Special Symposium Issue Of Contemporary Accounts Of Racialization In Canada

    Directory of Open Access Journals (Sweden)

    Shanthi Senthe

    2013-10-01

    Full Text Available Osgoode Hall Law School, York University’s Challenging Conventions! Speaker Series organized Re-Igniting Critical Race: A Symposium on Contemporary Accounts of Racialization in Canada on November 2, 2012.  The symposium sought to explore critical race theory and its praxis within the Canadian legal academy by inviting emerging scholars and practitioners to engage with the scholarship of Professor Patricia Williams.

  18. Legal Coordinator | IDRC - International Development Research ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Develops systems and procedures for administering and tracking legal undertakings, coordinates and consolidates the legal information in order to meet deadlines. • Collaborates with the Secretary and General Counsel to ensure that all legal issues are handled efficiently, while respecting the highly confidential nature of ...

  19. Legal Research in a Changing Information Environment

    African Journals Online (AJOL)

    tduplessis

    opportunities for research into constitutional issues, constitutional development and the relationship ... Legal research is a fundamental skill in the legal profession.9 Although all areas of law do not require ..... 1999 Legal RSQ 78. 56 In the print information environment lawyers use standard citation formats, e.g. X v Z 1999.

  20. The Meaning of "Sex": Using Title VII's Definition of Sex to Teach about the Legal Regulation of Business

    Science.gov (United States)

    Kaminer, Debbie

    2018-01-01

    The lesson described in this article includes a number of overlapping learning goals. The first goal is to develop students' understanding of the complexities associated with the legal regulation of business in the United States. This case study is an excellent means of doing so, since it involves numerous interrelated legal issues. Real-world…

  1. 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.

  2. 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.

  3. Legal Frameworks for Emissions Trading in the European Union

    International Nuclear Information System (INIS)

    Karl Upston-Hooper, K.; Anttonen, K.; Mehling, M.

    2006-01-01

    The Project is based on a comparative and pragmatic review of the legal frameworks for implementing the EU Emission Trading Scheme (ETS) in four EU jurisdictions (Finland, Sweden, United Kingdom and Germany). The project does not seek to examine the rationale of utilizing tradable mechanisms nor assess the costs and benefits of doing so. Its primary focus is to undertake a detailed study of the legal realities involved in implementing the EU ETS, particularly those issues of commercial importance such as taxation and accounting rules. (orig.)

  4. €œLegal Boundaries of Online Advertising"

    OpenAIRE

    Gürkaynak, Gönenç; Yılmaz, İlay; Yeşilaltay, Burak

    2014-01-01

    This contribution discusses the legal framework of online advertising and common legal issues pertaining thereto. This paper also addresses the implementation of general legal provisions to online advertising issues in different jurisdictions and the diversity of approaches. It provides the legal boundaries that are specifically applicable to online advertising. The paper then provides a legal analysis on online advertising with a focus on Turkish laws and practice. In the conclusion, there a...

  5. 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.

  6. 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.

  7. The Politics of Legal Arrangements

    DEFF Research Database (Denmark)

    Leander, Anna

    2018-01-01

    This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics...... and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally....

  8. 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...

  9. The complex clinical issues involved in an athlete's decision to retire from collision sport due to multiple concussions: a case study of a professional athlete

    Directory of Open Access Journals (Sweden)

    Andrew eGardner

    2013-09-01

    Full Text Available The issue of retirement from athletic participation due to repetitive concussive injuries remains controversial. The complexity of providing recommendations to elite athletes is highlighted by the prospect that offering inappropriate advice may foreseeably lead to engagement in a medico-legal challenge. Currently no evidenced-based, scientifically validated guidelines for forming the basis of such a decision exist. The current paper discusses the complexities of this challenge in addition to presenting a case study of a professional athlete. A number of central issues to consider when discussing athlete retirement revolve around the player’s medical and concussion histories, the current clinical profile, the athlete’s long-term life goals and understanding of the potential long-terms risks. Ensuring that thorough investigations of all possible differential diagnosis, that may explain the presenting symptoms, are conducted is also essential. Discussion pertaining to recommendations for guiding the clinical approach to the retirement issue for athletes with a history of multiple concussions is presented.

  10. Parent Involvement Activities in School Improvement Plans in the Northwest Region. Issues & Answers. REL 2008-No. 064

    Science.gov (United States)

    Speth, Timothy; Saifer, Steffen; Forehand, Gregory

    2008-01-01

    Although the No Child Left Behind Act of 2001 (NCLB) spells out parent involvement requirements for schools in need of improvement, the majority of the Northwest Region school improvement plans reviewed failed to include such provisions. Reported findings include: (1) Despite a wide range of parent involvement practices discussed in legislation…

  11. Parent Involvement Activities in School Improvement Plans in the Northwest Region. Summary. Issues & Answers. REL 2008-No. 064

    Science.gov (United States)

    Speth, Timothy; Saifer, Steffen; Forehand, Gregory

    2008-01-01

    This document presents a summary of the larger report, "Parent Involvement Activities in School Improvement Plans in the Northwest Region." Although the No Child Left Behind Act of 2001 (NCLB) spells out parent involvement requirements for schools in need of improvement, the majority of the Northwest Region school improvement plans…

  12. Examining American Indian Perspectives in the Central Region on Parent Involvement in Children's Education. Issues & Answers. REL 2008-No. 059

    Science.gov (United States)

    Mackety, Dawn M.; Linder-VanBerschot, Jennifer A.

    2008-01-01

    Parent involvement is recognized as an important factor in encouraging student achievement. However, a survey by the National Center for Education Statistics found that in public schools with 25 percent or more American Indian students, teachers identified lack of parent involvement as one of their schools' three most serious problems. At an…

  13. Legal and social concerns to the development of bioremediation technologies

    Energy Technology Data Exchange (ETDEWEB)

    Bilyard, G.R.; McCabe, G.H.; White, K.A.; Gajewski, S.W.; Hendrickson, P.L.; Jaksch, J.A.; Kirwan-Taylor, H.A.; McKinney, M.D.

    1996-09-01

    The social and legal framework within which bioremediation technologies must be researched, developed, and deployed in the US are discussed in this report. Discussions focus on policies, laws and regulations, intellectual property, technology transfer, and stakeholder concerns. These discussions are intended to help program managers, scientists and engineers understand the social and legal framework within which they work, and be cognizant of relevant issues that must be navigated during bioremediation technology research, development, and deployment activities. While this report focuses on the legal and social environment within which the DOE operates, the laws, regulations and social processes could apply to DoD and other sites nationwide. This report identifies specific issues related to bioremediation technologies, including those involving the use of plants; native, naturally occurring microbes; non-native, naturally occurring microbes; genetically engineered organisms; and microbial products (e.g., enzymes, surfactants, chelating compounds). It considers issues that fall within the following general categories: US biotechnology policy and the regulation of field releases of organisms; US environmental laws and waste cleanup regulations; intellectual property and patenting issues; technology transfer procedures for commercializing technology developed through government-funded research; stakeholder concerns about bioremediation proposals; and methods for assuring public involvement in technology development and deployment.

  14. Legal and social concerns to the development of bioremediation technologies

    International Nuclear Information System (INIS)

    Bilyard, G.R.; McCabe, G.H.; White, K.A.; Gajewski, S.W.; Hendrickson, P.L.; Jaksch, J.A.; Kirwan-Taylor, H.A.; McKinney, M.D.

    1996-09-01

    The social and legal framework within which bioremediation technologies must be researched, developed, and deployed in the US are discussed in this report. Discussions focus on policies, laws and regulations, intellectual property, technology transfer, and stakeholder concerns. These discussions are intended to help program managers, scientists and engineers understand the social and legal framework within which they work, and be cognizant of relevant issues that must be navigated during bioremediation technology research, development, and deployment activities. While this report focuses on the legal and social environment within which the DOE operates, the laws, regulations and social processes could apply to DoD and other sites nationwide. This report identifies specific issues related to bioremediation technologies, including those involving the use of plants; native, naturally occurring microbes; non-native, naturally occurring microbes; genetically engineered organisms; and microbial products (e.g., enzymes, surfactants, chelating compounds). It considers issues that fall within the following general categories: US biotechnology policy and the regulation of field releases of organisms; US environmental laws and waste cleanup regulations; intellectual property and patenting issues; technology transfer procedures for commercializing technology developed through government-funded research; stakeholder concerns about bioremediation proposals; and methods for assuring public involvement in technology development and deployment

  15. Ethical and methodological issues in qualitative studies involving people with severe and persistent mental illness such as schizophrenia and other psychotic conditions: a critical review.

    Science.gov (United States)

    Carlsson, Ing-Marie; Blomqvist, Marjut; Jormfeldt, Henrika

    2017-01-01

    Undertaking research studies in the field of mental health is essential in mental health nursing. Qualitative research methodologies enable human experiences to become visible and recognize the importance of lived experiences. This paper argues that involving people with schizophrenia in research is critical to promote their health and well-being. The quality of qualitative research needs scrutinizing according to methodological issues such as trustworthiness and ethical standards that are a fundamental part of qualitative research and nursing curricula. The aim of this study was to critically review recent qualitative studies involving people with severe and persistent mental illness such as schizophrenia and other psychotic conditions, regarding descriptions of ethical and methodological issues in data collection and analysis. A search for relevant papers was conducted in three electronic databases, in December 2016. Fifteen qualitative interview studies were included and reviewed regarding methodological issues related to ethics, and data collection and analysis. The results revealed insufficient descriptions of methodology regarding ethical considerations and issues related to recruitment and sampling in qualitative interview studies with individuals with severe mental illness, putting trustworthiness at risk despite detailed descriptions of data analysis. Knowledge from the perspective of individuals with their own experience of mental illness is essential. Issues regarding sampling and trustworthiness in qualitative studies involving people with severe mental illness are vital to counteract the stigmatization of mental illness.

  16. Issues Concerning Self-Report Data and Population-Based Data Sets Involving People with Intellectual Disabilities

    Science.gov (United States)

    Emerson, Eric; Felce, David; Stancliffe, Roger J.

    2013-01-01

    This article examines two methodological issues regarding ways of obtaining and analyzing outcome data for people with intellectual disabilities: (a) self-report and proxy-report data and (b) analysis of population-based data sets. Some people with intellectual disabilities have difficulties with self-reporting due to problems of understanding and…

  17. Legal framework of the environmental regulatory regime

    International Nuclear Information System (INIS)

    Black, D.

    1992-01-01

    The growing concern regarding environmental issues has presented a number of new challenges to those exploring and developing the hydrocarbon reserves located on the Newfoundland continental shelf. Not the least of these challenges is the development of new technologies in the harsh environment of the North Atlantic; in addition, these new technologies must be implemented in an existing and ever-changing regulatory regime. The legal framework of the environmental regulatory regime relating to offshore development in Canada is reviewed along with some of the more important legislation involved in regulating environmental issues in the offshore area. The legal basis for exploration, development, and management of resources located on the Newfoundland continental shelf is the Canada-Newfoundland Accord on Joint Management of Offshore Oil and Gas Resources off Newfoundland and Labrador. Administration of the Accord is the responsibility of the Canada-Newfoundland Offshore Petroleum Board. To be able to apply Canadian laws to the continental shelf, legislation was passed including the Canadian Laws Offshore Application Act as well as the Act implementing the Accord. The latter gives the Offshore Petroleum Board authority to regulate all stages involved in bringing an oil pool to production, such as granting of licenses and work authorizations. Granting of such licenses and authorizations is subject to compliance with environmental requirements, and there are provisions against certain environmental offenses such as spills. Other federal legislation applicable to the offshore includes the Canada Shipping Act and the Canadian Environmental Protection Act

  18. Year 2000 commercial issues

    Energy Technology Data Exchange (ETDEWEB)

    Kratz, M.P.J.; Booth, R.T. [Bennett Jones, Calgary, AB (Canada)

    1998-12-31

    This presentation focused on commercial aspects of the Y2K including: (1) special communication issues, (2) outsourcing transactions, (3) joint ventures and the significance for the oil and gas industry, and (4) contingency planning. Communication issues involve interaction with suppliers and vendors of critical systems, liability for Y2K communications (misrepresentation, defamation, promissory estoppel, statutory liability), securities disclosure (Canadian and US SEC requirements), protected communications, protection for Year 2000 statements. Outsourcing problems highlighted include resistance of suppliers to assume responsibility for Y2K problem remediation, factors which support and negate supplier responsibility, scope of suppliers` obligation, and warranties in respect of third party software. Regarding joint ventures, questions concerning limitations on liability, supply warranties, stand-by arrangements, stockpiling inventory, indemnities, confidentiality, operator compensation versus operator risk, and insurance were raised and addressed. Among contingency planning issues the questions of Y2K legal audit, and disclosure aspects of contingency planning were the featured concerns. figs.

  19. Year 2000 commercial issues

    International Nuclear Information System (INIS)

    Kratz, M.P.J.; Booth, R.T.

    1998-01-01

    This presentation focused on commercial aspects of the Y2K including: (1) special communication issues, (2) outsourcing transactions, (3) joint ventures and the significance for the oil and gas industry, and (4) contingency planning. Communication issues involve interaction with suppliers and vendors of critical systems, liability for Y2K communications (misrepresentation, defamation, promissory estoppel, statutory liability), securities disclosure (Canadian and US SEC requirements), protected communications, protection for Year 2000 statements. Outsourcing problems highlighted include resistance of suppliers to assume responsibility for Y2K problem remediation, factors which support and negate supplier responsibility, scope of suppliers' obligation, and warranties in respect of third party software. Regarding joint ventures, questions concerning limitations on liability, supply warranties, stand-by arrangements, stockpiling inventory, indemnities, confidentiality, operator compensation versus operator risk, and insurance were raised and addressed. Among contingency planning issues the questions of Y2K legal audit, and disclosure aspects of contingency planning were the featured concerns. figs

  20. A review of the issues and challenges involved in using participant-produced photographs in nursing research.

    Science.gov (United States)

    Balmer, Claire; Griffiths, Frances; Dunn, Janet

    2015-07-01

    To discuss the issues and challenges that may occur when using participant-produced photographs in nursing research. The place of visual representation in society is increasingly being recognized and there is a growing discussion on the advantages of implementing visual methods, such as photography, in health and illness research. Integrating photographs has much potential for both nurse researchers and participants but it remains a novel method of gathering qualitative data and many aspects have had little consideration in the nursing and medical literature. This paper presents a discussion of some of the issues that may arise when using photographs as data. It draws on examples of the insights and experiences we had when we asked study participants to produce photographs to complement their interviews designed to explore their experience of living after cancer. Discussion paper This paper is based on our own experiences and supported by literature and theory. Disseminating this research has prompted much interest from nurses and clinical staff. This paper should highlight some of the factors that may need to be addressed before employing such a novel method, thus ensuring the research process is positive and the outcome relevant for all parties. Examples are used here to illustrate practical, ethical and philosophical issues around the research plan, creating and interpreting photographic data, confidentiality and copyright and analysing and disseminating photographs produced for research. © 2015 John Wiley & Sons Ltd.

  1. Legal capacity and biomedicine: Biomedical discrimination

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka

    2011-01-01

    Full Text Available The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations. The article is then focused on the scope of the absolute Constitutional guarantee of the right to legal personality as well as on the Constitutional prohibition of discrimination which gives rise to the general equality before the Constitution and the law. The focus of this article is the moment when the legal capacity, or legal personality, is considered to be acquired. It then moves to the issue whether limiting the access to techniques of assisted reproduction (biomedical conception is contrary to the general rules on legal capacity, and whether this is a genuine form of biomedical discrimination.

  2. Legal problems of nuclear fuel reprocessing

    International Nuclear Information System (INIS)

    Rossnagel, A.

    1987-01-01

    The contributions in this book are intended to exemplify the legal situation in connection with the reprocessing of spent nuclear fuel from the point of view of constitutional law, administrative law, and international law. Outline solutions are presented with regard to ensuring health, personal freedom, democratic rights and other rights, and are discussed. The author Rossnagel investigates whether the principle of essential matter can guarantee a parliamentary prerogative concerning this field of large-scale technology. The author Schmidt shows that there is no legal obligation of commitment to a reprocessing technology that would exclude research for or application of a less hazardous technology. The contribution by Baumann explains the problems presented by a technology not yet developed to maturity with regard to the outline approval of the technological concept, which is a prerequisite of any partial licence to be issued. The final contribution by Guendling investigates the duties under international law, as for instance transfrontier information, consultation, and legal protection, and how these duties can be better put into practice in order to comply the seriousness of the hazards involved in nuclear fuel reprocessing. (orig./HP) [de

  3. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    time the work substantiates that law is reluctant to take account of the past decisions of the individuals and institutions they are reviewing. By looking only at the particular decision under review and not calibrating the posture of review on the basis of a history of decisions reviewing courts and other reviewing institutions embody the particularism that is a large part of the American legal tradition. Practical significance the main provisions and conclusions of the article can be used in scientific and educational activity when viewing the issues of legal judgments calibration.

  4. Issue involvement and low-versus high-power style as related to attitude change in sex-role egalitarianism

    NARCIS (Netherlands)

    Buunk, Abraham (Bram); Blanton, H; Schuurman, M.K.; Siero, F.W.

    2005-01-01

    In a pretest-posttest design, subscribers to women's magazines were mailed a high- versus low-power message arguing a radical feminist view. Uninvolved women changed their opinions more after the high-power-style message, and involved women more after the low-power-style message.

  5. Analysing Discursive Practices in Legal Research : How a Single Remark Implies a Paradigm

    NARCIS (Netherlands)

    van den Hoven, P.J.

    2017-01-01

    Different linguistic theories of meaning (semantic theories) imply different methods to discuss meaning. Discussing meaning is what legal practitioners frequently do to decide legal issues and, subsequently, legal scholars analyse in their studies these discursive practices of parties, judges and

  6. Legal Briefing: Adult Orphans and the Unbefriended: Making Medical Decisions for Unrepresented Patients without Surrogates.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2015-01-01

    This issue's "Legal Briefing" column covers recent legal developments involving medical decision making for incapacitated patients who have no available legally authorized surrogate decision maker. These individuals are frequently referred to either as "adult orphans" or as "unbefriended," "isolated," or "unrepresented" patients. The challenges involved in obtaining consent for medical treatment on behalf of these individuals have been the subject of major policy reports. Indeed, caring for the unbefriended has even been described as the "single greatest category of problems" encountered in bioethics consultation. In 2012, JCE published a comprehensive review of the available mechanisms by which to make medical decisions for the unbefriended. The purpose of this "Legal Briefing" is to update the 2012 study. Accordingly, this "Legal Briefing" collects and describes significant legal developments from only the past three years. My basic assessment has not changed. "Existing mechanisms to address the issue of decision making for the unbefriended are scant and not uniform." Most facilities are "muddling through on an ad hoc basis." But the situation is not wholly negative. There have been a number of promising new initiatives. I group these developments into the following seven categories: 1. Increased Attention and Discussion 2. Prevention through Better Advance Care Planning 3. Prevention through Expanded Default Surrogate Lists 4. Statutorily Authorized Intramural Mechanisms 5. California Litigation Challenging the Team Approach 6. Public Guardianship 7. Improving Existing Guardianship Processes. Copyright 2015 The Journal of Clinical Ethics. All rights reserved.

  7. Legal technique: approaches to section on types

    Directory of Open Access Journals (Sweden)

    І. Д. Шутак

    2015-11-01

    techniques of individual legal acts. Among the tools of legal techniques particular importance play legal monitoring technique and the technique of publication of normative legal acts. Legal monitoring is the systematic, comprehensive activities aimed at the monitoring, analysis, evaluation of existing legislation and its enforcement, with the aim of improving the effectiveness of legislation and its future prediction. Technique the publication of regulations – a set of techniques and methods regulatory definition of an advertisement that is issued on behalf of the rule-making authority, addressed to General information and contains a complete and guaranteed the exact text of the adopted normative legal act. The main criterion for the classification of legal technique is the stages of legal regulation (law-making, law enforcement, realization of the right. Therefore, we can identify six types of legal techniques: law-making technique; the technique of publication of normative legal acts; the technique of systematization of legal acts; interpretation equipment; machinery of enforcing rights; enforcement technique.

  8. Legal considerations for urban underground space development in Malaysia

    Directory of Open Access Journals (Sweden)

    F. Zaini

    2017-12-01

    Full Text Available In 2008, the Malaysia land code, named the National Land Code 1965 (NLC 1965, was amended to add Part Five (A to deal with the disposal of underground space. In addition, the Circular of the Director General of Lands and Mines No. 1/2008 was issued to assist the application of Part Five (A of the NLC 1965. However, the legislation is still questionable and has instigated many arguments among numerous actors. Therefore, this research was undertaken to examine legal considerations for the development of underground space. The focus is on four legal considerations, namely underground space ownership, the bundle of rights, depth, and underground space utilization. Rooted in qualitative methods, interviews were conducted with respondents involved in the development of underground space in Malaysia. The obtained data were then analyzed descriptively. The findings differentiated the rights of landowners for surface land and underground space, and their liability for damages and the depth. It was indicated that the current legislation in Malaysia, namely Part Five (A of the NLC 1965 and the Circular of the Director General of Lands and Mines No. 1/2008, is adequate to facilitate the development of underground space in terms of legal considerations. However, to further facilitate the development of underground land in the future, based on the research, four enhancements are recommended for legal considerations pertaining to the development of underground space in Malaysia. Keywords: Underground space, Legal consideration, Land right, Urban development

  9. Citizen Access to Legal Information.

    Science.gov (United States)

    Andrus, Kay L.

    1987-01-01

    Describes activities by the American Bar Association and other groups aimed at educating the public about their legal rights and responsibilities, including informational pamphlets and brochures issued by state bar associations. These public service information pamphlets are listed by state and the address of each state's bar association is…

  10. Impact of human genome initiative-derived technology on genetic testing, screening and counseling: Cultural, ethical and legal issues. Progress report

    Energy Technology Data Exchange (ETDEWEB)

    Trottier, R.W.; Hodgin, F.C.; Imara, M.; Phoenix, D.; Lybrook, S. [Morehouse Coll., Atlanta, GA (United States). School of Medicine; Crandall, L.A.; Moseley, R.E.; Armotrading, D. [Florida Univ., Gainesville, FL (United States). Coll. of Medicine

    1993-03-01

    Genetic medical services provided by the Georgia Division of Public Health in two northern and two central districts are compared to services provided in a district in which a tertiary care facility is located. Genetics outreach public health nurses play key roles in Georgia`s system of Children`s Health Services Genetics Program, including significant roles as counselors and information sources on special needs social services and support organizations. Unique features of individual health districts, (e.g., the changing face of some rural communities in ethnocultural diversity and socioeconomic character), present new challenges to current and future genetics services delivery. Preparedness as to educational needs of both health professionals and the lay population is of foremost concern in light of the ever expanding knowledge and technology in medical genetics. Perspectives on genetics and an overview of services offered by a local private sector counselor are included for comparison to state supported services. The nature of the interactions which transpire between private and public genetic services resources in Georgia will be described. A special focus of this research includes issues associated with sickle cell disease newborn screening service delivery process in Georgia, with particular attention paid to patient follow-up and transition to primary care. Of particular interest to this focus is the problem of loss to follow-up in the current system. Critical factors in education and counseling of sickle cell patients and the expectations of expanding roles of primary care physicians are discussed. The Florida approach to the delivery of genetic services contrasts to the Georgia model by placing more emphasis on a consultant-specialist team approach.

  11. Economic issues involved in integrating genomic testing into clinical care: the case of genomic testing to guide decision-making about chemotherapy for breast cancer patients

    OpenAIRE

    2010-01-01

    Abstract The use of taxanes to treat node-positive (N+) breast cancer patients is associated with heterogeneous benefits as well as with morbidity and financial costs. This study aimed to assess the economic impact of using gene expression profiling to guide decision-making about chemotherapy, and to discuss the coverage/reimbursement issues involved. Retrospective data on 246 patients included in a randomised trial (PACS01) were analyzed. Tumours were genotyped using DNA microarra...

  12. Constitutionalising the Right Legal Representation at CCMA ...

    African Journals Online (AJOL)

    Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, ...

  13. 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…

  14. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

    It is hoped that the implementation of teleradiology will improve the quality and economic effectiveness of health care in the future. The German federal government has submitted a bill for a legal statute, thereby creating the necessary framework to guarantee the essential 'document security'. The responsibility of those involved with orderly data transmission as well as the limited responsibility for physicians' findings are both government by general liability. General principles apply also with regard to professional discretion. Authorized utilization of external networks depends upon the quality of data security. Networks with unlimited public access may not be used without explicit concent from those concerned. (orig.) [de

  15. 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.

  16. Ethics in the Legal and Business Practices of Radiation Oncology.

    Science.gov (United States)

    Wall, Terry J

    2017-10-01

    Ethical issues arise when a professional endeavor such as medicine, which seeks to place the well-being of others over the self-interest of the practitioner, meets granular business and legal decisions involved in making a livelihood out of a professional calling. The use of restrictive covenants, involvement in self-referral patterns, and maintaining appropriate comity among physicians while engaged in the marketplace are common challenges in radiation oncology practice. A paradigm of analysis is presented to help navigate these management challenges. Copyright © 2017 Elsevier Inc. All rights reserved.

  17. 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....

  18. The atomic policy consensus as legally binding contract; Der Atomkonsens als rechtsverbindlicher Vertrag. Gutachten im Rahmen des ICSID-Schiedsverfahrens Vattenfall v. Germany im Auftrag der Vattenfall AB

    Energy Technology Data Exchange (ETDEWEB)

    Kischel, Uwe

    2017-07-01

    The booklet on the atomic policy consensus as legally binding contract covers the following issues: legal prerequisites for legal binding, interpretation viewpoints, possible further aspect of the legal binding.

  19. A Potential Issue Involving the Application of the Unit Base Transformation to the Interpolation of Secondary Energy Distributions

    International Nuclear Information System (INIS)

    T Sutton; T Trumbull

    2005-01-01

    Secondary neutron energy spectra used by Monte Carlo codes are often provided in tabular format. Examples are the spectra obtained from ENDF/B-VI File 5 when the LF parameter has the value 1. These secondary spectra are tabulated on an incident energy mesh, and in a Monte Carlo calculation the tabulated spectra are generally interpolated to the energy of the incident neutron. A common method of interpolation involves the use of the unit base transformation. The details of the implementation vary from code to code, so here we will simply focus on the mathematics of the method. Given an incident neutron with energy E, the bracketing points E i and E i+1 on the incident energy mesh are determined. The corresponding secondary energy spectra are transformed to a dimensionless energy coordinate system in which the secondary energies lie between zero and one. A dimensionless secondary energy is then sampled from a spectrum obtained by linearly interpolating the transformed spectra--often using the method of statistical interpolation. Finally, the sampled secondary energy is transformed back into the normal energy coordinate system. For this inverse transformation, the minimum and maximum energies are linearly interpolated from the values given in the non-transformed secondary spectra. The purpose of the unit base transformation is to preserve (as nearly as possible) the physics of the secondary distribution--in particular the minimum and maximum energies possible for the secondary neutron. This method is used by several codes including MCNP and the new MC21 code that is the subject of this paper. In comparing MC21 results to those of MCNP, it was discovered that the nuclear data supplied to MCNP is structured in such a way that the code may not be doing the best possible job of preserving the physics of certain nuclear interactions. In this paper, we describe the problem and explain how it may be avoided

  20. Local thermodynamic equilibrium and related metrological issues involving collisional-radiative model in laser-induced aluminum plasmas

    International Nuclear Information System (INIS)

    Travaille, G.; Peyrusse, O.; Bousquet, B.; Canioni, L.; Pierres, K. Michel-Le; Roy, S.

    2009-01-01

    We present a collisional-radiative approach of the theoretical analysis of laser-induced breakdown spectroscopy (LIBS) plasmas. This model, which relies on an optimized effective potential atomic structure code, was used to simulate a pure aluminum plasma. The description of aluminum involved a set of 220 atomic levels representative of three different stages of ionization (Al 0 , Al + and Al ++ ). The calculations were carried for stationary plasmas, with input parameters (n e and T e ) ranging respectively between 10 13-18 cm -3 and 0.3-2 eV. A comparison of our atomic data with some existing databases is made. The code was mainly developed to address the validity of the local thermodynamic equilibrium (LTE) assumption. For usual LIBS plasma parameters, we did not reveal a sizeable discrepancy of the radiative equilibrium of the plasma towards LTE. For cases where LTE was firmly believed to stand, the Boltzmann plot outputs of this code were used to check the physical accuracy of the Boltzmann temperature, as it is currently exploited in several calibration-free laser-induced breakdown spectroscopy (CF-LIBS) studies. In this paper, a deviation ranging between 10 and 30% of the measured Boltzmann temperature to the real excitation temperature is reported. This may be due to the huge dispersion induced on the line emissivities, on which the Boltzmann plots are based to extract this parameter. Consequences of this fact on the CF-LIBS procedure are discussed and further insights to be considered for the future are introduced.

  1. Stakeholder Involvement in nuclear issues. INSAG-20. A report by the International Nuclear Safety Advisory Group (Russian Edition)

    International Nuclear Information System (INIS)

    2015-01-01

    Many of the world's nuclear power plants were constructed long ago without much public involvement in the associated decision making. It is anticipated, however, that a variety of stakeholders will seek participation in such decisions now as the nuclear option is being revisited in many places. Accidents at Three Mile Island and Chernobyl, among other places, have served to arouse public concern. The development of 'here-and-now' media capabilities has created an awareness that may not have previously existed. Improvements in educational systems and the development of the Internet have made technical information and expertise available to individuals and locations that were previously without them. In addition, consideration of the environmental impacts of various energy strategies has moved to the fore. INSAG has concluded that the expectations of stakeholders of a right to participate in energy decisions are something that the nuclear community must address. Decisions regarding such matters as the siting and construction of a nuclear power plant are no longer largely the domain of a closed community of technical experts and utility executives. Today, the concerns and expectations of all manner of persons and organizations - from the local farmer to the international financial institution - must be considered. This report is intended for use by all stakeholders in the nuclear community - national regulatory authorities, nuclear power plant designers and operators, public interest organizations and individuals, the media and, not to be forgotten, local and national populations. INSAG's fundamental conclusion is that all stakeholders with an interest in nuclear decisions should be provided with an opportunity for full and effective participation in them. With this right, however, come certain obligations on all sides for openness, candour and civility. INSAG is hopeful that this report will help define the interests and roles of the stakeholders

  2. Legal Aspects of Sleep Medicine in the 21st Century.

    Science.gov (United States)

    Venkateshiah, Saiprakash B; Hoque, Romy; Collop, Nancy A

    2018-05-08

    Multiple manifestations of sleep disorders may interact with the law making it important to increase awareness of such interactions among clinicians. Patients with excessive sleepiness may have civil (and in some states criminal) liability if they fall asleep while driving and cause a motor vehicle accident. Employers may be held vicariously liable due to the actions of sleepy employees. Hence awareness of causes of excessive sleepiness such as sleep deprivation and OSA is increasing among trucking, railroad, and other safety sensitive occupations. Interestingly, litigation related to perioperative complications due to Obstructive Sleep Apnea (OSA) is more frequent than non-operative issues such as a failure to diagnose OSA. Parasomnia associated sleep-related violence (SRV) represents a challenge to clinicians, as they may be asked to consider parasomnia as a possible contributing, mitigating, or exculpatory factor in criminal proceedings. Clinicians should also familiarize with the legal and regulatory aspects of running an independent sleep laboratory. Sleep telemedicine practice using 21 st century technology has opened novel and unique challenges to existing laws. In this review, we shall cover the most common interactions between sleep disorders and the law including the challenges of excessive sleepiness and driving; other legal issues involving patients with obstructive sleep apnea (OSA); and the liabilities associated with parasomnia disorder. We shall also cover some practical legal aspects involving independent sleep laboratories and the field of sleep telemedicine. Published by Elsevier Inc.

  3. Advice for the New Legal Studies Professor

    Science.gov (United States)

    Bird, Robert C.

    2012-01-01

    The transition into academia from law school or legal practice is a significant and exciting shift in one's legal career. This transition, however, can also be one that presents numerous challenges. Preparing a syllabus and drafting lecture material can seem like a daunting task. Writing an academic article for the first time involves learning a…

  4. Legal issues concerning local governments / Vallo Olle

    Index Scriptorium Estoniae

    Olle, Vallo, 1966-

    1997-01-01

    Valla/linna põhimääruse õiguslikust regulatsioonist, kohaliku omavalitsuse korralduse seadusest, äriseadustikust, munitsipaalettevõtete ümberkujundamisest ja nende õigusaktide väljunditest Tartu linna põhimääruses ning teistes Tartus tehtud õiguslikes otsustustes

  5. Ethical and legal issues in aesthetic surgery

    Directory of Open Access Journals (Sweden)

    Suresh Gupta

    2012-01-01

    Full Text Available Rapid growth and expansion of plastic surgery in general and aesthetic surgery in particular in the past decade has brought in its wake some confusions particularly raising questions for the surgeons conduct towards his colleagues and the patients in the light of ethical requirements. Some thoughts from eminent thinkers form a backdrop to consideration of theories of medical ethics. In this article raging and continuous debates on these subjects have been avoided to maintain the momentum. Apart from the western thoughts, directions from our old scriptures on ethical conduct have been included to accommodate prevelant Indian practices. The confusion created by specialists advertising their abilities directly to the lay public following removal of ethical bars by the American Courts as also latitudes allowed by the General Medical Council of Great Britain have been discussed. The medical fraternity however has its reservations. Unnecessary skirmishes with the law arose in cosmetic surgery from the freedom exercised by the police to file criminal proceedings against attending doctors in the event of a patient′s death with or without any evidence of wrong doing. This has now been curtailed in the judgement of the Supreme Court of India[1] where norms have been laid down for such prosecution. This has helped doctors to function without fear of harassment. An effort has been made to state a simple day-to-day routine for an ethical doctor-patient relationship.

  6. Legal Issues for an Integrated Information Center.

    Science.gov (United States)

    Rees, Warren; And Others

    1991-01-01

    The ability to collect, store, retrieve, and combine information in computerized databases has magnified the potential for misuse of information. Laws have begun to deal with these new threats by expanding rights of privacy, copyright, misrepresentation, products liability, and defamation. Laws regarding computerized databases are certain to…

  7. Ethical, legal and social issues SAJBL

    African Journals Online (AJOL)

    2015-08-02

    Aug 2, 2015 ... In April 2013 the South African Medical Research Council published a request for ... selection process in the country's universities and science councils, a rigorous ... To determine the presence and magnitude of stem cell tourism in ... also takes an in-depth look at the notion of benefit sharing. In order to ...

  8. Genetic Discrimination: A Legal Or Biological Issue?

    OpenAIRE

    Myssior, Bárbara Augusta de Paula Araujo; Silva, Luís Eduardo Gomes

    2016-01-01

    This essay debates the technological evolution that, from the decoding of the human genome has opened up many scientific benefits, and yet brings up a new kind of segregation: genetic discrimination. Based on the right to privacy, as well as the concept of genetic identity, as well as data protection and information, worked up the genetic discrimination. Therefore, documentary research and critical analysis of scientific papers were taken, using up of the inductive reasoning method. As a resu...

  9. Ethical and legal issues in gestational surrogacy

    Directory of Open Access Journals (Sweden)

    Casella Claudia

    2018-04-01

    Full Text Available This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment.

  10. Genetic Discrimination: A Legal Or Biological Issue?

    Directory of Open Access Journals (Sweden)

    Bárbara Augusta de Paula Araujo Myssior

    2016-12-01

    Full Text Available This essay debates the technological evolution that, from the decoding of the human genome has opened up many scientific benefits, and yet brings up a new kind of segregation: genetic discrimination. Based on the right to privacy, as well as the concept of genetic identity, as well as data protection and information, worked up the genetic discrimination. Therefore, documentary research and critical analysis of scientific papers were taken, using up of the inductive reasoning method. As a result, elucidate how such discrimination affects individuals, it is possible to conclude that regardless of the type of discrimination, all should be restrained by law.

  11. Video Surveillance: Privacy Issues and Legal Compliance

    DEFF Research Database (Denmark)

    Mahmood Rajpoot, Qasim; Jensen, Christian D.

    2015-01-01

    Pervasive usage of video surveillance is rapidly increasing in developed countries. Continuous security threats to public safety demand use of such systems. Contemporary video surveillance systems offer advanced functionalities which threaten the privacy of those recorded in the video. There is a...

  12. Legal frameworks for emissions trading in the European Union

    Energy Technology Data Exchange (ETDEWEB)

    Maeaettae, K.; Anttonen, K. (Univ. of Joensuu (Finland)). Email: kalle.maatta@joensuu.fi; Upston-Hooper, K. (GreenStream Networks, Helsinki (Finland)); Mehling, M. (Univ. of Greifswald (Germany)); Perrels, A. (Government Institute for Economic Research VATT, Helsinki (Finland)), email: adriaan.perrels@vatt.fi

    2009-07-01

    The project is based on a comparative and pragmatic review of the legal frameworks for implementing the EU Emission Trading Scheme (ETS) in four EU jurisdictions (Finland, Sweden, United Kingdom and Germany). The project does not seek to examine the rationale of utilizing tradable mechanisms nor assess the costs and benefits of doing so. Its primary focus is to undertake a detailed study of the legal realities involved in implementing the EU ETS, particularly those issues of commercial importance such as taxation and accounting rules. The methodology adopted has been to formulate a comprehensive questionnaire (of approximately 70 questions) to be used as the basis of national reports together with a stand alone analysis by VATT, and in turn use the national reports and VATT study as the building blocks of a comparative overview report. The questionnaire seeks to highlight those significant legal and regulatory issues that impact on the establishment of emission allowance trading arrangements within the respective jurisdictions. The comparative analysis of these issues will focus on 'golden threads' of similarity and difference that impact on the establishment of an internal market within the European Union for the trading of emissions allowances. (orig.)

  13. Legal frameworks for emissions trading in the European Union

    International Nuclear Information System (INIS)

    Upston-Hooper, K.; Perrells, A.; Anttonen, K.; Mehling, M.

    2007-01-01

    The Project is based on a comparative and pragmatic review of the legal frameworks for implementing the EU Emission Trading Scheme (ETS) in four EU jurisdictions (Finland, Sweden, United Kingdom and Germany). The Project does not seek to examine the rationale of utilizing tradable mechanisms nor assess the costs and benefits of doing so. Its primary focus is to undertake a detailed study of the legal realities involved in implementing the EU ETS, particularly those issues of commercial importance such as taxation and accounting rules. The methodology adopted has been to formulate a comprehensive questionnaire (of approximately 70 questions) to be used as the basis of national reports together with a stand alone analysis by VATT, and in turn use the national reports and VATT study as the building blocks of a comparative overview report. The questionnaire seeks to highlight those significant legal and regulatory issues that impact on the establishment of emission allowance trading arrangements within the respective jurisdictions. The comparative analysis of these issues will focus on 'golden threads' of similarity and difference that impact on the establishment of an internal market within the European Union for the trading of emissions allowances. (orig.)

  14. One World? One Law? One Global Legal System? Modern Law and Socio-Legal Communities

    OpenAIRE

    Werner Krawietz

    2014-01-01

    In the present article the author considers the issues connected with globalization and structural changes in the contemporary societies. In author’s opinion, development of legal regulation encompasses not only the practical and theoretical argumentation in the law. It also includes the informative and communicative perspectives of our analytical and conceptual legal thinking and of our legal world-outlook which is formed accordingly to the social world of law. The author stresses that there...

  15. 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.

  16. 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....

  17. 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

  18. Ethical Issues Involving the Internet.

    Science.gov (United States)

    Connolly, Mary V.

    The Internet is a network of networks, sharing the same protocol and linking universities, research communities, businesses, and individuals world wide. In this new global information infrastructure, all citizens need to understand the power and pitfalls of the technology in order to function as responsible members. This paper discusses issues…

  19. 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.

  20. Legal Parameters of Space Tourism

    OpenAIRE

    Smith, Lesley Jane; Hörl, Kay-Uwe

    2004-01-01

    The commercial concept of space tourism raises important legal issues not specifically addressed by first generation rules of international spacelaw. The principles established in the nineteen sixties and seventies were inspired by the philosophy that exploration of space was undertaken by and for the benefit of mankind. Technical developments since then haveincreased the potential for new space applications, with a corresponding increase in commercial interest in space. If space tourism is t...

  1. 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 ...

  2. INTERNATIONALLY LEGAL MEASURES TO COMBAT TERRORIST FINANCING

    Directory of Open Access Journals (Sweden)

    Yuniarti Yuniarti

    2014-09-01

    Full Text Available Following the terrorist attacks in the USA on September 11th, 2001, it was discovered that money laundering was a significant source of finance for terrorists. Although, the amount of money that involve is not as involve as in drug and gun trafficking, terrorist financing had been the most important substance to be monitor. Further, various legal measures have been taken internationally in order to combat terrorist financing. This research analyses the legal measures that have been taken internationally and at EU level to combat terrorist financing. Key words: Money Laundering, Terrorist Financing, International Legal measures, EU.

  3. Legal knowledge, needs, and assistance seeking among HIV positive and negative women in Umlazi, South Africa.

    Science.gov (United States)

    Hill, Lauren M; Maman, Suzanne; Holness, David; Moodley, Dhayendre

    2016-01-22

    The rights of women and people living with HIV (PLHIV) are protected under South African law, yet there is a gap in the application of these laws. While there are numerous systemic and social barriers to women's and PLHIV's exercise of their legal rights and rights to access social services, there has been little effort to document these barriers as well as legal needs and knowledge in this context. 1480 HIV-positive and HIV-negative women recruited from an antenatal clinic in Umlazi Township completed a questionnaire on legal knowledge, experience of legal issues, assistance seeking for legal issues, and barriers to seeking assistance. We compared the legal knowledge and experience of legal issues of HIV-positive and HIV-negative women, and described assistance seeking and barriers to assistance seeking among all women. Both HIV-positive and HIV-negative women had high levels of knowledge of their legal rights. There were few important differences in legal knowledge and experience of legal issues by HIV status. The most common legal issues women experienced were difficulty obtaining employment (11 %) and identification documents (7 %). A minority of women who had ever experienced a legal issue had sought assistance for this issue (38 %), and half (50 %) of assistance sought was from informal sources such as family and friends. Women cited lack of time and government bureaucracy as the major barriers to seeking assistance. These results indicate few differences in legal knowledge and needs between HIV-positive and HIV-negative women in this context, but rather legal needs common among women of reproductive age. Legal knowledge may be a less important barrier to seeking assistance for legal issues than time, convenience, and cost. Expanding the power of customary courts to address routine legal issues, encouragement of pro bono legal assistance, and introduction of legal navigators could help to address these barriers.

  4. The Japan HOspice and Palliative Care Evaluation Study (J-HOPE Study): views about legalization of death with dignity and euthanasia among the bereaved whose family member died at palliative care units.

    Science.gov (United States)

    Okishiro, Nao; Miyashita, Mitsunori; Tsuneto, Satoru; Sato, Kazuki; Shima, Yasuo

    2009-01-01

    There has been a debate in appropriateness of legalization of death with dignity and euthanasia in Japan. To clarify views about these issues, we conducted a large nationwide study of the bereaved whose family member died at palliative care units. The percentages of 429 bereaved family members (response rate 65%) who affirmed legal authorization were 52 for death with dignity and 45 for euthanasia and who affirmed assignment at the discretion of the physician involved were 37 for death with dignity and 38 for euthanasia. In conclusion, views about legalization of death with dignity and euthanasia among the bereaved are inconsistent. No consensus is reached as to legislation of these issues.

  5. 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....

  6. The Legal System and Alzheimer's Disease: Social Workers and Lawyers' Perceptions and Experiences.

    Science.gov (United States)

    Werner, Perla; Doron, Israel Issi

    2016-01-01

    The expected increase in the number of people living with Alzheimer's disease (AD) worldwide will be accompanied by an increase in the number of cases involving persons with AD brought up to the courts. This study examined the perceptions and experiences of social workers and lawyers regarding these cases. Three focus groups including social workers and lawyers (n = 26) were conducted. Two main themes were raised by the participants: (a) the role of social workers and lawyers in court cases regarding AD, and (b) the need for improving legal encounters involving persons with AD. Similarities and differences were found in both professionals' interpretations of these shared themes. Results of this study emphasize the need for increasing the knowledge and interprofessional training provided to social workers and lawyers involved in legal cases dealing with issues involving persons with Alzheimer's disease.

  7. The risk to be tolerated and the limits of practical rationality - problems involved in nuclear licensing. - Are there prerogatives of the administration in decision-making. Fundamental criticism of the undefined legal concept in the law pertaining to plant licinsing

    International Nuclear Information System (INIS)

    Wolf, R.

    1986-01-01

    This chapter discusses in detail the litigation and court decisions in nuclear energy matters, with particular attention being given to the scope and distinctness of juristic interpretations of vaguely defined legal concepts, and to the definition of the 'risk to be tolerated'. Especially the court decisions on the nuclear power plant licences for the installations at Wuergassen, Wyhl, Grafenrheinfeld and Kalkar are reviewed under the following aspects: How safe is safe enough - bursting resistance - risk prevention and practical rationality - limits of scientific research into risk probability - fundamental criticism to be raised against vaguely defined legal terms and concepts in the law governing the licensing of nuclear installations. (HSCH) [de

  8. Primer on Legal Affairs for the School Business Official.

    Science.gov (United States)

    Russo, Charles J., Ed.; Polansky, Harvey, Ed.; Wood, R. Craig, Ed.

    This book provides school business administrators with an introduction to a variety of legal issues relevant to their professional roles. The book is divided into three major sections: management issues, employment issues, and constitutional issues. The topics covered in the seven-chapter section on management issues include board and district…

  9. 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

  10. The Protection of Classified Information: The Legal Framework

    National Research Council Canada - National Science Library

    Elsea, Jennifer K

    2006-01-01

    Recent incidents involving leaks of classified information have heightened interest in the legal framework that governs security classification, access to classified information, and penalties for improper disclosure...

  11. Retrospective research: What are the ethical and legal requirements?

    Science.gov (United States)

    Junod, V; Elger, B

    2010-07-25

    Retrospective research is conducted on already available data and/or biologic material. Whether such research requires that patients specifically consent to the use of "their" data continues to stir controversy. From a legal and ethical point of view, it depends on several factors. The main criteria to be considered are whether the data or the sample is anonymous, whether the researcher is the one who collected it and whether the patient was told of the possible research use. In Switzerland, several laws delineate the procedure to be followed. The definition of "anonymous" is open to some interpretation. In addition, it is debatable whether consent waivers that are legally admissible for data extend to research involving human biological samples. In a few years, a new Swiss federal law on human research could clarify the regulatory landscape. Meanwhile, hospital-internal guidelines may impose stricter conditions than required by federal or cantonal law. Conversely, Swiss and European ethical texts may suggest greater flexibility and call for a looser interpretation of existing laws. The present article provides an overview of the issues for physicians, scientists, ethics committee members and policy makers involved in retrospective research in Switzerland. It aims at provoking more open discussions of the regulatory problems and possible future legal and ethical solutions.

  12. Mediation in Legal English Teaching

    Directory of Open Access Journals (Sweden)

    Chovancová Barbora

    2016-06-01

    Full Text Available Mediation is a language activity that has been unjustly neglected when preparing law students for their future professional careers. When trained in a professional context, students need to develop and improve complex communicative skills. These include not only the traditional language skills such as reading, writing, listening and speaking, but also more advanced skills such as summarizing, providing definitions, changing registers etc. All these are involved in the students’ acquisition of ‘soft skills’ that are particularly important for students of law since much of their future work involves interpersonal lawyer-client interaction. This article argues that mediation is a crucial (though previously underestimated skill and that law-oriented ESP instruction should provide training aimed at developing this skill. Showing a practical application of this approach, the paper demonstrates that mediation can be successfully integrated in the legal English syllabus and make the learning of legal English more effective.

  13. A CONSIDERATION OF ETHICAL AND LEGAL ISSUES IN MULTI-SITE STUDIES CONSIDERACIÓN DE LOS TEMAS ÉTICOS Y LEGALES EN LOS ESTUDIOS MULTICÉNTRICOS CONSIDERAÇÃO DOS TEMAS ÉTICOS E LEGAIS NOS ESTUDOS MULTICÊNTRICOS

    Directory of Open Access Journals (Sweden)

    Sana Loue

    2004-01-01

    Full Text Available Significant ethical and legal issues may arise in conjunction with the conduct of multi-site studies. For example, different cultures may have varying concepts of personhood. The United States, for instance, places significant emphasis on the autonomy of each individual, while many other societies rely to a greater degree on defining an individual with reference to his or her roles or relationships to others. These differing orientations may have implications for informed consent procedures and for the design of procedures to maintain confidentiality of the data and privacy of the participants. The development of procedures for the maintenance of confidentiality and privacy must also consider any differences in reporting requirements between the sites that relate to sexually transmitted diseases and child abuse. The implications of such differences for the conduct of multi-site studies are examinedEn relación con los estudios multicéntricos pueden surgir aspectos éticos y legales. Por ejemplo, culturas diferentes tienen conceptos distintos sobre las personas. Así, Estados Unidos enfatiza la autonomía del individuo, mientras que otras sociedades definen, en mayor grado, al individuo según sus roles o su relación con los demás. Estas orientaciones diferentes pueden influir en el proceso de obtener consentimiento informado y en el diseño de procedimientos para mantener la confidencialidad de los datos y la privacidad de los participantes. El desarrollo de procedimientos que garanticen la confidencialidad y la privacidad debe considerar, también, cualquiera diferencia entre los centros al informar los requisitos que tengan relación con enfermedades de transmisión sexual y con abuso de niños. Se examinan las inferencias de estas diferencias al realizar estudios multicéntricosNos estudos multicêntricos surgem questões éticas e legais. Por exemplo, culturas diferentes tem conceitos distintos sobre as pessoas. Assim, nos Estados Unidos

  14. The Attorney-Client Relationship as a Business Law-Legal Environment Topic

    Science.gov (United States)

    Levin, Murray S.

    2004-01-01

    Business school law courses should promote understanding of legal processes affecting business, help students learn to recognize legal issues and manage legal risks, increase ethical sensitivity, and help students to develop critical thinking skills. To this end, business law and legal environment textbooks tend to focus on ethical and legal…

  15. 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

  16. 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...

  17. Expectancy and Professional Norms in Legal Translation

    DEFF Research Database (Denmark)

    Faber, Dorrit; Hjort-Pedersen, Mette

    2013-01-01

    . These parameters focus on the degree to which the use of explicitation and implicitation is considered to influence meaning transfer, authentic English legal language and style, and the informative function of the translation in a defined translational situation. Based on Chesterman’s categorization of norms...... perceived norms influence the use of explicitation and implicitation. The findings are based on experiments involving Danish translators and legal experts who were asked to evaluate three different translations into English of the same Danish legal source text on a set of defined parameters...

  18. Inbound medical tourism to Barbados: a qualitative examination of local lawyers' prospective legal and regulatory concerns.

    Science.gov (United States)

    Crooks, Valorie A; Cohen, I Glenn; Adams, Krystyna; Whitmore, Rebecca; Morgan, Jeffrey

    2015-07-28

    Enabled by globalizing processes such as trade liberalization, medical tourism is a practice that involves patients' intentional travel to privately obtain medical care in another country. Empirical legal research on this issue is limited and seldom based on the perspectives of destination countries receiving medical tourists. We consulted with diverse lawyers from across Barbados to explore their views on the prospective legal and regulatory implications of the developing medical tourism industry in the country. We held a focus group in February 2014 in Barbados with lawyers from across the country. Nine lawyers with diverse legal backgrounds participated. Focus group moderators summarized the study objective and engaged participants in identifying the local implications of medical tourism and the anticipated legal and regulatory concerns. The focus group was transcribed verbatim and analyzed thematically. Five dominant legal and regulatory themes were identified through analysis: (1) liability; (2) immigration law; (3) physician licensing; (4) corporate ownership; and (5) reputational protection. Two predominant legal and ethical concerns associated with medical tourism in Barbados were raised by participants and are reflected in the literature: the ability of medical tourists to recover medical malpractice for adverse events; and the effects of medical tourism on access to health care in the destination country. However, the participants also identified several topics that have received much less attention in the legal and ethical literature. Overall this analysis reveals that lawyers, at least in Barbados, have an important role to play in the medical tourism sector beyond litigation - particularly in transactional and gatekeeper capacities. It remains to be seen whether these findings are specific to the ecology of Barbados or can be extrapolated to the legal climate of other medical tourism destination countries.

  19. Year 2000 disclosure issues

    Energy Technology Data Exchange (ETDEWEB)

    Bradley, N.; Kratz, M.P.J. [Bennett Jones, Calgary, AB (Canada)

    1998-12-31

    The legal dilemma that the year 2000 (Y2K) problem presents with regard to disclosure requirements is examined. In particular, this paper reviews the complexities involved for customers, suppliers and business partners to communicate about Y2K issues. The review prominently features the many levels of statutory, regulatory and legal overlay that must be considered before any communication takes place . One of the major barriers to disclosure is the threat that any statements made by one company or individual to another may give rise to various forms of liability, including limitation, defamation, misrepresentation, detrimental reliance, collateral contracts and warranties or representations. The paper also describes recent Canadian and U.S. Y2K disclosure requirements for public companies. While the legislation is intended to promote the voluntary sharing of Y2K information, it also sets out conditions limiting the extent to which Y2K statements can be used as the basis for liability. Canadian regulatory bodies also have several policies in effect that compel issuers of new securities to emphasize uncertainties which are likely to be factors in Y2K, and public companies to discuss and analyze risks, events and uncertainties within the management discussion and analysis section of their annual reports that would cause reported financial information to be not necessarily indicative of future operating results or conditions, should those uncertainties materialize. 8 refs.

  20. Year 2000 disclosure issues

    International Nuclear Information System (INIS)

    Bradley, N.; Kratz, M.P.J.

    1998-01-01

    The legal dilemma that the year 2000 (Y2K) problem presents with regard to disclosure requirements is examined. In particular, this paper reviews the complexities involved for customers, suppliers and business partners to communicate about Y2K issues. The review prominently features the many levels of statutory, regulatory and legal overlay that must be considered before any communication takes place . One of the major barriers to disclosure is the threat that any statements made by one company or individual to another may give rise to various forms of liability, including limitation, defamation, misrepresentation, detrimental reliance, collateral contracts and warranties or representations. The paper also describes recent Canadian and U.S. Y2K disclosure requirements for public companies. While the legislation is intended to promote the voluntary sharing of Y2K information, it also sets out conditions limiting the extent to which Y2K statements can be used as the basis for liability. Canadian regulatory bodies also have several policies in effect that compel issuers of new securities to emphasize uncertainties which are likely to be factors in Y2K, and public companies to discuss and analyze risks, events and uncertainties within the management discussion and analysis section of their annual reports that would cause reported financial information to be not necessarily indicative of future operating results or conditions, should those uncertainties materialize. 8 refs

  1. 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.

  2. 50 CFR 23.60 - What factors are considered in making a legal acquisition finding?

    Science.gov (United States)

    2010-10-01

    ... Treaty require a Management Authority to make a legal acquisition finding before issuing export permits... before issuing certain CITES exemption documents. (b) Types of legal acquisition. Legal acquisition refers to whether the specimen and its parental stock were: (1) Obtained in accordance with the...

  3. 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…

  4. Negotiated forms of worker involvement in the European Company (SE): First empirical evidence and conclusions

    OpenAIRE

    Keller, Berndt; Werner, Frank

    2008-01-01

    This article analyses the negotiations on worker involvement in the first almost four years of the European Company SE and their outcomes. First, some basic institutional aspects of the SE itself and its current empirical situation are described and explained. Then, the focus is on questions of employee involvement in this new legal form. Again some main institutional provisions on employee involvement are assessed, before a detailed empirical analysis on specific issues is presented. A final...

  5. 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.

  6. 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.

  7. Aspectos éticos y legales en los pacientes con trauma ocular Technical and legal aspects of the ocular trauma patients

    Directory of Open Access Journals (Sweden)

    Eduardo Ariel Ramos Gómez

    2012-01-01

    Full Text Available El traumatismo ocular, independientemente de la lateralidad, es considerado una de las entidades nosológicas frecuentes que conllevan a una rehabilitación visual. Las causas que provocan un traumatismo ocular son variadas y dentro de estas, las agresiones con intención de provocar daños con secuelas son una de las más frecuentes. Este aspecto trae consigo todo un proceso médico-legal, donde los principios éticos por parte de los facultativos deben estar bien establecidos. Es objetivo de esta revisión incentivar el buen accionar ético de todos los oftalmólogos en cuanto a la atención de estos pacientes, así como enfatizar en el adecuado manejo medico-legal implícito en este tipo de afección.Ocular trauma, regardless of laterality, is considered one of the common diseases entities that implies visual rehabilitation. The causes of eye injuries are varied. Assaults with intent to cause damage are the most common. This issue involves a medical-legal process where the ethical principles of the physicians must be well established. The objective of our article was to encourage good ethical actions of all ophthalmologists and to emphasize the proper medical-legal management involved in this type of diseases.

  8. Ethical Issues Surrounding the Use of Modern Human Remains for Research in South Africa.

    Science.gov (United States)

    Briers, N; Dempers, J J

    2017-02-01

    Chapter 8 of the South African National Health Act 61 of 2003 (NHA) that deals with the donation of human tissue was promulgated in 2012. The new Act is perceived to impose restrictions on low-risk research involving human remains. This study aimed to identify the issues raised by a research ethics committee (REC) when reviewing protocols where human remains are used as data source. REC minutes from 2009 to 2014 were reviewed, and issues raised by the committee were categorized. In total, 127 protocols submitted to the committee over 6 years involved human remains. Queries relating to science (22.2%) and administration (18.9%) were the most common, whereas queries relating to legal issues constituted only 10.2%. Ethical issues centered on informed consent regarding sensitive topics such as HIV, DNA, and deceased children. The change in legislation did not change the number or type of legal issues identified by the REC.

  9. Anthropogenic versus natural processes and pollution in Padana Valley in last years involving new communication/policy strategies and ethical issues in research evaluation

    Science.gov (United States)

    Quattrocchi, Fedora; Vaccaro, Carmela; Boschi, Enzo

    2014-05-01

    Smart grids-Smat cities "fashion" requires management plans of highly urbanized areas located over the Padanian floodplain, which are prone to diffuse pollution of both lands and urban sectors, mostly after the disasters caused by tremendous alluvial rains in January 2014, when shallow aquifers and agricultural matters could have increase pollution over wide territory. Moreover the urban expansion has affected areas previously used for industrial activity and in some cases such for landfills. When the loss of memory of previous activity prevails after urbanization, with health issues, ethical questions are inevitable, accompanied by social conflicts and economic impacts. The alluvial plains of active tectonic areas - as the Padania Valley - in additions to widespread "anthropogenic pollution" is suffering from widespread "natural pollution" of deep fluid sources - mainly methane - corresponding to areas prone to uprising gaseous brines, along faults. Some of them were partially activated during the 2012 Emilia seismic sequence. This noteworthy seismic sequence engaged discussion about the possible role of gas storages and hydrocarbons production or the simple/exploring drilling activity to trigger typical tectonic seismicity. The paper deepen this troubled communication strategy, their gaps and peculiar geopolicy case histories, to avoid the same strategy, in the future. On the other hand, gas burst or brine-gas-contamination in shallow aquifers, soils and indoor, should be studied by simple and cheap methods, by deepening stratigraphic gaps for the tectonics effects on sedimentation: natural processes should be recalled prior to recall anthropogenic causes, if any. Policy should be more responsible in state clearly the role of research in study infrastructures/processes, also when engaged by private companies, for sites selected by ministries mostly to star research: relevant gaps involves serious confusion in the public as regards responsibility and an exact

  10. Legal Regulation of Franchise in Latvia and Abroad

    OpenAIRE

    Viktorija Jarkina

    2009-01-01

    Abstract This doctoral thesis is a scientific study “Legal Regulation of Franchise in Latvia and Abroad” which analyses in detailed and systematic manner peculiarities and trends of development of legal franchise regulation in the countries of the world, as well as issues of legal qualification and content of the franchise agreement in the context of Romanic-Germanic system of law. The theoretical basis of the study is scientific works of renowned experts of law, articles...

  11. Legal regulation of protection of animals against cruelty

    OpenAIRE

    Spurná, Jana

    2006-01-01

    Diploma thesis: Legal regulation of protection of animals against cruelty This diploma thesis deals with national and transnational legal regulation of the protection of animals against cruelty. It comprises of four chapters. First chapter concerns ethical grounds of given issue and it provides analysis of term "animal welfare". Second chapter contains the most significant transnational legal rules of the protection of animals against cruelty adopted within the Council of Europe or the Europe...

  12. The Opium Wars, Opium Legalization, and Opium Consumption in China

    OpenAIRE

    Jeffrey A. Miron; Chris Feige

    2005-01-01

    The effect of drug prohibition on drug consumption is a critical issue in debates over drug policy. One episode that provides information on the consumption-reducing effect of drug prohibition is the Chinese legalization of opium in 1858. In this paper we examine the impact of China's opium legalization on the quantity and price of British opium exports from India to China during the 19th century. We find little evidence that legalization increased exports or decreased price. Thus, the eviden...

  13. Should fully autonomous artificial intelligence systems be granted legal capacity?

    OpenAIRE

    Naučius, Mindaugas

    2018-01-01

    The aim of this article is to address the issue of granting legal capacity to artificial inteligence systems. In order to approach the solution to the problem addressed, the article includes several aspects, relevant in order to achieve it. To begin with, the general concept of legal capacity is introduced. Following this aspect, the main features of both natural and juridical persons are addressed, in order to become familiar with the content of legal capacity, or in other words, to be aware...

  14. INHERENT VICE & INSUFFICIENT PACKING CLAUSES FOR ALL RISKS INSURANCE POLICIES UNDER BRITISH INSTITUTE CARGO CLAUSES : legal issues arising from claims of loss during sea transportation of large technical equipments

    OpenAIRE

    Cheng, Jia

    2010-01-01

    Analysis and presentation of this thesis is supported by studies of many relevant cases where the major arguments are set around the exclusion clauses concerning the ‘all risks cover’ policy as found in Institute Cargo Clauses. Two cases are especially emphasized, namely Mayban General Assurance BHD v. Alstom Power Plants Ltd. and Global Process Systems Inc v. Syarikat Takaful Malaysia Berhad , mainly because of the special nature of the subject matter insured in these cases. The legal i...

  15. Licences issued under environmental law in international private and procedural law

    International Nuclear Information System (INIS)

    Kohler, C.

    1991-01-01

    The paper examines the following points in connection with claims for compensation and to protection against abridgement of legal rights involving foreign persons or legal entities: - The limits set by international law to national judicial authority, - the international competence of courts, i.e. under which conditions national courts can have jurisdiction in cases involving foreign persons or legal entities, - the applicable law, and finally the question of - under which conditions judgements of the judiciary state must be observed abroad and foreign judgements must be observed in the judiciary state, i.e. acknowledged and executed. In the case of impairments of the environment the particular problem arises of the effect of licences issued under public law. The paper discusses the former practice, the qualification, the ways of observing the legal rules governing licences and their effects, and the question as to the unconditional enforcement of national licences against foreign affected parties. (HSCH) [de

  16. 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.

  17. A longitudinal simulation-based ethical-legal curriculum for otolaryngology residents.

    Science.gov (United States)

    Fanous, Amanda; Rappaport, Jamie; Young, Meredith; Park, Yoon Soo; Manoukian, John; Nguyen, Lily H P

    2017-11-01

    To develop, implement, and evaluate a longitudinal, simulation-based ethics and legal curriculum designed specifically for otolaryngology residents. Otolaryngology residents were recruited to participate in a yearly half-day ethical-legal module, the curriculum of which spanned 4 years. Each module included: three simulated scenarios, small-group multisource feedback, and large-group debriefings. Scenarios involved encounters with standardized patients. Residents' ethical-legal knowledge was assessed pre- and postmodule with multiple-choice questions, and ethical reasoning was assessed by a variety of evaluators during the simulated scenario using a locally developed assessment tool. Participants completed an exit survey at the end of each module. Eighteen residents completed four modules from the academic years of 2008 to 2009 to 2011 to 2012. The first year was considered a pilot module, and data were collected for the following 3 years. Knowledge of legal issues improved significantly among residents (mean at pre = 3.40 and post = 4.60, P otolaryngology-head and neck surgery residents. This educational program resulted in a both objective and subjective improvement in legal and ethics knowledge and skills. NA. Laryngoscope, 127:2501-2509, 2017. © 2017 The American Laryngological, Rhinological and Otological Society, Inc.

  18. Legal Considerations in Clinical Decision Making.

    Science.gov (United States)

    Ursu, Samuel C.

    1992-01-01

    Discussion of legal issues in dental clinical decision making looks at the nature and elements of applicable law, especially malpractice, locus of responsibility, and standards of care. Greater use of formal decision analysis in clinical dentistry and better research on diagnosis and treatment are recommended, particularly in light of increasing…

  19. Legal aspects of cross-border teleradiology

    International Nuclear Information System (INIS)

    Pattynama, Peter M.T.

    2010-01-01

    The growth of cross-border teleradiology has created legal challenges that are insufficiently addressed by nation health laws. New legislation is currently under development at the European level. This article will look at the details of the existing and proposed legislation and the still unsettled issues and will discuss the implications for international teleradiology.

  20. 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

  1. Introduction to the Special Issue on Climate Ethics : Uncertainty, Values and Policy

    NARCIS (Netherlands)

    Roeser, S.

    2017-01-01

    Climate change is a pressing phenomenon with huge potential ethical, legal and social policy implications. Climate change gives rise to intricate moral and policy issues as it involves contested science, uncertainty and risk. In order to come to scientifically and morally justified, as well as

  2. Legal framework of the Radiation Protection in Guatemala

    International Nuclear Information System (INIS)

    Freire, Diana

    2002-01-01

    This presentation prepared by the Deputy Director of Energy Mrs. Diana Freire de Nave overviews the following issues: objectives and functions of the national authority on the following activities: controlling, licensing and inspections. Also describes the legal process to authorize installations, operators, equipment and the legal frame on radiation safety in Guatemala

  3. THE LEGAL STATUS OF COMPANIES UNDER THE NEW CIVIL CODE

    Directory of Open Access Journals (Sweden)

    Lucian Bernd SĂULEANU

    2017-10-01

    Full Text Available The new Civil Code sets provisions regarding the liability of shareholders, organization and functioning of legal entity, annulment of documents issued by the management bodies of the legal entity, company contract, regime of contributions, company types, simple partnership, unlimited, simple limited partnership, with limited liability, joint stock, partnership limited by shares, cooperatives, other type of company.

  4. 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.

  5. 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.

  6. Forensic Odontology: A Boon to Community in Medico-legal Affairs

    Directory of Open Access Journals (Sweden)

    Ramasamy Chidambaram

    2016-03-01

    Full Text Available Forensic odontology is a sub-discipline of dental science which involves the relationship between dentistry and the law. The specialty of forensic odontology is applied in radiographic investigation, human bite marks analysis, anthropologic examination and during mass disasters. Besides the fact that radiographs require pretentious laboratory, it is still claimed to be a facile, rapid, non-invasive method of age identification in the deceased. The budding DNA technology has conquered the traditional procedures and currently being contemplated as chief investigating tool in revealing the hidden mysteries of victims and suspects, especially in hopeless circumstances. Forensic odontology has played a chief role in solving cold cases and proved to be strong evidence in the court of law. Systematic collection of dental records and preservation of the same would marshal the legal officials in identification of the deceased. To serve the forensic operation and legal authorities, dental professionals need to be familiar with the basics of forensic odontology, which would create a consciousness to preserve the dental data. The aim of this paper is to emphasize the vital applications of forensic odontology in medico-legal issues. Conjointly the recent advancements applied in forensic human identification have been updated. Keywords: bite marks; dental records; forensic identification; mass disaster; medico-legal issues. | PubMed

  7. Low-dose computed tomography for the detection of cocaine body packs. Clinical evaluation and legal issues; Niedrigdosis-Computertomografieprotokoll zur Detektion von Kokain-Bodypacks. Klinische Evaluation und rechtliche Aspekte

    Energy Technology Data Exchange (ETDEWEB)

    Pache, G.; Bulla, S.; Baumann, T.; Langer, M.; Blanke, P. [Universitaetsklinikum Freiburg (Germany). Radiologische Klinik; Einhaus, D. [Kanzlei Dr. Einhaus und Partner, Freiburg (Germany)

    2012-02-15

    Purpose: To discuss the juridical basis for CT examinations of cocaine body packers and to evaluate the clinical implementation of a tube current reduction-based low-dose CT protocol. Materials and Methods: A literature search was performed to discuss the legal basis regarding the problem, the procedures, the potential harm and the proportionality. Retrospective evaluation of 8 patients who had undergone a low-dose CT scan (body mass index < 25 kg/m{sup 2} 30 mAs; > 25 kg/m{sup 2} 60 mAs) during the time period from February until October 2009 in order to exclude or to assess remaining cocaine body packs was approved by the institutional review board. The detectability and condition of the body packs were analyzed. Effective doses were calculated. Results: German jurisdiction does not distinguish between plain film X-ray and CT examinations. Both plain film X-ray and CT examination require a judicial warrant. However, examination results might still remain valid if a warrant was not requested. In 8 examinations (30 mAs n = 3, 60 mAs n = 5, mean BMI 25.9 {+-} 3.2.) a total of 34 body packs were correctly identified. The mean density of the body packs was 74.4 {+-} 31.9 HU (range 17 - 154 HU) with a cocaine content between 22.5 % and 72.8 %. The mean estimated radiation dose was 2.23 {+-} 0.72 mSv. Conclusion: Although medical legal aspects do not specify the diagnostic procedure to be performed, the high diagnostic accuracy and applied radiation dose reduction could establish low-dose CT as the method of choice for detecting cocaine body packs, thereby potentially avoiding future legal problems. (orig.)

  8. 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.

  9. Nanoethics and the breaching of boundaries: a heuristic for going from encouragement to a fuller integration of ethical, legal and social issues and science : commentary on: "Adding to the mix: integrating ELSI into a National Nanoscale Science and Technology Center".

    Science.gov (United States)

    Tuma, Julio R

    2011-12-01

    The intersection of ELSI and science forms a complicated nexus yet their integration is an important goal both for society and for the successful advancement of science. In what follows, I present a heuristic that makes boundary identification and crossing an important tool in the discovery of potential areas of ethical, legal, and social concern in science. A dynamic and iterative application of the heuristic can lead towards a fuller integration and appreciation of the concerns of ELSI and of science from both sides of the divide.

  10. 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

  11. Atypical real estate objects: legal regime and control system

    Directory of Open Access Journals (Sweden)

    Voskresenskaya Elena

    2017-01-01

    Full Text Available The legal concept of immovable things raises controversy in legal practice. Determining and understanding the definition of real estate, the complexity and diversity of these objects, a growing appearance of so-called atypical properties (such as sport stadiums, roads, boreholes, analyzing legislation and judicial practice of this field – all these issues call for a deep study of this topic. There is a conflicting arbitration practice, the subject of which is the learning of the legal nature of atypical real estate (for instance, asphalt playgrounds, car parks, fences, wells. The object of the research is the learning of the legal status of atypical real estate.

  12. ACHIEVING EXCELLENCE IN THE LEGAL PROFESSION IN A ...

    African Journals Online (AJOL)

    skills in all professions leaving the lawyer of today a person of business and ethics. ... to meet complex expectations of clients in terms of high ethical standards, personal ... practice of law to addressing legal issues and solving real life prob-.

  13. Legal consequences of standard setting for competitive athletes with cardiovascular abnormalities.

    Science.gov (United States)

    Weistart, J C

    1985-12-01

    This paper addresses the issue of whether establishing consensus standards for the treatment of particular medical conditions increases a physician's exposure to legal liability. The conclusion reached is that the legal effects of standard setting, rather than representing a significant threat of liability, should be seen as beneficial to the medical profession. A fundamental point is that the legal test for liability is entirely dependent on the medical profession's definition of what constitutes adequate care. The law incorporates the standard of care defined by the medical profession and does not impose an external norm. In the absence of formally stated standards, the process of defining relevant medical criteria will involve a great deal of uncertainty. Outcomes of legal contests will be affected by such extraneous factors as the relative experience of the lawyers involved, their access to knowledgeable expert witnesses, and their strategic decisions made with respect to tactics and procedures. Establishment of formal standards has the salutory effect of limiting the influence of these factors and thus reducing the randomness of the results reached. Formal standards also have the advantage of being easily replicated in unrelated proceedings and thereby contribute to the development of a consistent, evenly applied rule of liability. Finally, even if formal standards are either more, or less, progressive than the actual state of medical practice, there is relatively little risk that they will produce untoward results.

  14. Development and Delivery of Coursework: The Legal/Regulatory/Policy Environment of Cyberforensics

    Directory of Open Access Journals (Sweden)

    John W. Bagby

    2006-06-01

    Full Text Available This paper describes a cyber-forensics course that integrates important public policy and legal issues as well as relevant forensic techniques. Cyber-forensics refers to the amalgam of multi-disciplinary activities involved in the identification, gathering, handling, custody, use and security of electronic files and records, involving expertise from the forensic domain, and which produces evidence useful in the proof of facts for both commercial and legal activities. The legal and regulatory environment in which electronic discovery takes place is of critical importance to cyber-forensics experts because the legal process imposes both constraints and opportunities for the effective use of evidence gathered through cyber-forensic techniques. This paper discusses different pedagogies that can be used (including project teams, research and writing assignments, student presentations, case analyses, class activities and participation and examinations, evaluation methods, problem-based learning approaches and critical thinking analysis. A survey and evaluation is provided of the growing body of applicable print and online materials that can be utilized. Target populations for such a course includes students with majors, minors or supporting elective coursework in law, information sciences, information technology, computer science, computer engineering, financial fraud, security and information assurance, forensic aspects of cyber security, privacy, and electronic commerce.

  15. e-commerce in the electricity supply industry: legal setting and selected legal issues arising in doing one's business via the Web; E-Commerce in der Elektrizitaetzwirtschaft: rechtliche Rahmenbedingungen und ausgewaehlte Rechtsprobleme bei der Nutzung des Internets

    Energy Technology Data Exchange (ETDEWEB)

    Genten, A.; Rosin, P. [RWE Plus AG, Essen (DE). Privat Kundenmanagement (Recht)

    2001-07-01

    It is expected that e-commerce will be increasingly applied in business relations of the international electricity supply industry. This is why the contribution here sets out the legal provisions effective within the European Union as well as in Germany. Examples are given to illustrate specific aspects. (orig./CB) [German] Es wird erwartet, dass auch in der Elektrizitaetswirtschaft E-Commerce immer groessere Aufmerksamkeit findet. Demzufolge ist auch fuer die Elektrizitaetswirtschaft eine Auseinandersetzung mit den rechtlichen Rahmenbedingungen und den Rechtsproblemen bei der Nutzung des Internets von Interesse. Die Abhandlung erlaeutert den Europaeischen Rechtsrahmen fuer E-Commerce und den nationalen Rechtsrahmen fuer E-Commerce. (orig./CB)

  16. Chinese legal texts – Quantitative Description

    Directory of Open Access Journals (Sweden)

    Ľuboš GAJDOŠ

    2017-06-01

    Full Text Available The aim of the paper is to provide a quantitative description of legal Chinese. This study adopts the approach of corpus-based analyses and it shows basic statistical parameters of legal texts in Chinese, namely the length of a sentence, the proportion of part of speech etc. The research is conducted on the Chinese monolingual corpus Hanku. The paper also discusses the issues of statistical data processing from various corpora, e.g. the tokenisation and part of speech tagging and their relevance to study of registers variation.

  17. Professional Issues In Software Engineering

    CERN Document Server

    Bott, Frank; Eaton, Jack; Rowland, Diane

    2000-01-01

    An comprehensive text covering all the issues that software engineers now have to take into account apart from the technical side of things. Includes information on the legal, professional and commercial context in which they work.

  18. Prescribed burning: a topical issue

    Directory of Open Access Journals (Sweden)

    Bovio G

    2013-11-01

    Full Text Available Prescribed burning is a promising technique for the prevention of forest fires in Italy. The research deepened several ecological and operative aspects. However, legal issues need to be thoroughly investigated.

  19. Organ Transplantation: Legal, Ethical and Islamic Perspective in Nigeria

    OpenAIRE

    Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

    2012-01-01

    Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the e...

  20. 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)