WorldWideScience

Sample records for legal issues related

  1. Several Legal Issues Relating to Service Technological Results

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    How "the rights and interests in the intellectual property rights of the scientists and technicians should be protected and the entity achieving the service-related technological results should remunerate, under law, those achieving the service-related technological results and those making outstanding contribution to the transfer of the technological results" are important issues encountered in China in its efforts to improve its innovation capacity and build up a new nation. The current legal system in...

  2. Safety, Efficacy, and Legal Issues Related to Dietary Supplements

    Science.gov (United States)

    Powers, Michael

    2004-01-01

    This article focuses on the effects of dietary supplements on collegiate and adult populations. Anabolic steroids, amphetamines, and other drugs have been used for decades to improve athletic performance. However, the legal issues and dangers associated with these drugs have resulted in reluctance by many athletes to use them. Because dietary…

  3. 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 In 2009, the CBMA 1958 was replaced and repealed.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

  4. Ethical, legal and social issues related to cell therapy.

    Science.gov (United States)

    Romeo-Casabona, Carlos M

    2008-01-01

    The author analyses the implications of cell therapy from a legal study that regulates the use of embryonic material: the regulation of the obtaining of cells, of research with embryos and their research and therapeutic use. There is a detailed look at the provisions in the Convention on Human Rights and Biomedicine of the Council of Europe and concludes that "therapeutic cloning" is not prohibited in our legal regulation.

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

    Directory of Open Access Journals (Sweden)

    Sangeeta Kansal

    2017-01-01

    Full Text Available Background: Data on awareness of adolescent's on the legal and social issues/acts related to reproductive health, especially in rural areas, are scarce. Objectives: 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. Methods: 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. Results: 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. Conclusion: 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.

  6. 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.

  7. Euthanasia: the legal issues.

    Science.gov (United States)

    Chaloner, C; Sanders, K

    The legal status of euthanasia is frequently deliberated. It remains unlawful in Britain and advocates for a change in the law are vigorously opposed by those who argue that it should remain unchanged. An objective account, in which current law and arguments for and against change are exposed, is essential to inform the euthanasia debate. In this article the legal issues concerning euthanasia are examined and arguments raised by proposed changes in the law are considered.

  8. Legal and Program Issues Related to Child Custody and Late Parents.

    Science.gov (United States)

    Southern Regional Education Board, Atlanta, GA. Training for Child Care Project.

    This bulletin, the third in a series on selected issues in day care, addresses two problems involving legal issues: (1) what are the implications for the day care program when parents or other legal guardians are involved in a dispute over the custody of children? and (2) what are the rights and responsibilities of day care programs when parents…

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. Legal issues in clinical nursing education.

    Science.gov (United States)

    Patton, Carla Wheeler; Lewallen, Lynne Porter

    2015-01-01

    Nurse educators are concerned about legal implications of teaching students in clinical settings. Although literature is available about legal issues in working with students in the classroom, there is little recent information on clinical nursing faculty's legal liability when working with students and ways to reduce the risk of becoming involved in a lawsuit. This article discusses the major issues in clinical settings that contribute to lawsuits against faculty and offers suggestions to reduce legal liability with students in clinical settings.

  15. Legal Issues for Mobile Servant Robots

    NARCIS (Netherlands)

    Fosch Villaronga, Eduard; Virk, Gurvinder S.; Rodic, Aleksandar; Borangiu, Theodor

    2017-01-01

    This paper identifies key legal issues which are emerging for Mobile Servant Robots (MSRs), a sub-type of Personal Care Robots (PCR) defined in ISO 13482. New cases are likely to be introduced in the market soon even though appropriate and specific binding legal regulations regarding MSRs are missin

  16. Legal Issues in Nursing Homes.

    Science.gov (United States)

    Kapp, Marshall B.

    This paper examines the variety of legal rules and processes which have been established to assess and ensure that the quality of care provided in nursing homes satisfies an acceptable level. It begins with a general overview of nursing home law. Areas discussed in this section include: (1) sources of nursing home law; (2) theories of liability;…

  17. Ethical, legal and social issues SAJBL

    African Journals Online (AJOL)

    2015-08-02

    Aug 2, 2015 ... Ethical, legal and social issues associated with health research in general are ... translation of high-quality, high-impact research findings into practice ... To determine the presence and magnitude of stem cell tourism in.

  18. Legal and ethical issues in research

    Directory of Open Access Journals (Sweden)

    Camille Yip

    2016-01-01

    Full Text Available Legal and ethical issues form an important component of modern research, related to the subject and researcher. This article seeks to briefly review the various international guidelines and regulations that exist on issues related to informed consent, confidentiality, providing incentives and various forms of research misconduct. Relevant original publications (The Declaration of Helsinki, Belmont Report, Council for International Organisations of Medical Sciences/World Health Organisation International Guidelines for Biomedical Research Involving Human Subjects, World Association of Medical Editors Recommendations on Publication Ethics Policies, International Committee of Medical Journal Editors, CoSE White Paper, International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use-Good Clinical Practice form the literature that are relevant to the ethical and legal aspects of conducting research that researchers should abide by when conducting translational and clinical research. Researchers should note the major international guidelines and regional differences in legislation. Hence, specific ethical advice should be sought at local Ethics Review Committees.

  19. Using Metal Detectors in the Public Schools: Some Legal Issues.

    Science.gov (United States)

    Bjorklun, Eugene C.

    1996-01-01

    Examines two legal issues related to the use of metal detectors in public schools: their legality under the Fourth Amendment and the potential liability of schools who fail to use them to keep weapons out of their buildings. (91 footnotes) (MLF)

  20. 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.

  1. 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.

  2. Nanotechnology: legal and ethical issues

    Directory of Open Access Journals (Sweden)

    Baran Agnieszka

    2016-03-01

    Full Text Available Nanotechnology is a very vast field which includes a range of technologies at the nano scale, such as pharmaceuticals, biotechnology, genomics, neuroscience, robotics and information technologies. Nanotechnology is the latest technological innovation in global debates on risk regulation and international cooperation. Regulatory bodies have started dealing with the potential risks posed by nanoparticles. Since 2004 the UE has been developing a regulatory policy to tighten control and to improve regulatory adequacy and knowledge of nanotechnology risks. Currently, specific provisions on nanomaterials have been introduced for biocides, cosmetics, food additives, food labelling and materials in contact with foodstuff. The statement that nanotechnologies do inevitably imply ethical questions. The main problems are public trust, potential risks, issues of environmental impact, transparency of information, responsible nanosciences and nanotechnologies research. The aim of this article is to analysis the main problems regulating nanotechnology and some aspects of ethics.

  3. Nursing Homes as Teaching Institutions: Legal Issues.

    Science.gov (United States)

    Kapp, Marshall B.

    1984-01-01

    Discusses the trend toward affiliation of nursing homes with educational programs as clinical teaching institutions for medical, nursing, and allied health students. Reviews potential ethical and legal issues for the nursing home administrator, professional staff member, educator, and student, including informed consent, supervisory…

  4. Legal and ethical issues of uterus transplantation.

    Science.gov (United States)

    Dickens, Bernard M

    2016-04-01

    The clinically detailed report of a successful uterus transplantation and live birth in Sweden, in which a family friend donated her uterus, provides a basis for expanded practice. Family members and friends can serve as living donors without offending legal or ethical prohibitions of paid organ donation, even though family members and friends often engage in reciprocal gift exchanges. Donations from living unrelated sources are more problematic, and there is a need to monitor donors' genuine altruism and motivation. Donation by deceased women-i.e. cadaveric donation-raises issues of uterus suitability for transplantation, and how death is diagnosed. Organs' suitability for donation is often achieved by ventilation to maintain cardiac function for blood circulation, but laws and cultures could deem that a heartbeat indicates donors' live status. Issues could arise concerning ownership and control of organs between recovery from donors and implantation into recipients, and on removal following childbirth, that require legal resolution.

  5. Ethical & Legal Issues in School Counseling. Chapter 6: Special Issues.

    Science.gov (United States)

    Sampson, James P., Jr.; And Others

    This document contains chapter 6 (5 articles) of a collection of 35 articles primarily from American Association for Counseling and Development (AACD) publications on the most important legal and ethical topics about which all school counselors need to be informed. "Ethical Issues Involved With the Use of Computer-Assisted Counseling, Testing, and…

  6. Legal Considerations of Internet Use--Issues To Be Addressed.

    Science.gov (United States)

    Thomas, Daphyne Saunders; Forcht, Karen A.; Counts, Peter

    1998-01-01

    Explores issues related to legal considerations of the widespread use of the Internet worldwide. Topics considered include: e-mail; data theft and piracy; search and seizure; electronic banking; offensive behavior; liability; copyright infringement; laws regulating the Internet; and the Telecommunications Act. (PEN)

  7. 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.

  8. Legal and regulatory issues affecting aquifer thermal energy storage

    Energy Technology Data Exchange (ETDEWEB)

    Hendrickson, P.L.

    1981-10-01

    This document updates and expands the report with a similar title issued in October 1980. This document examines a number of legal and regulatory issues that potentially can affect implementation of the aquifer thermal energy storage (ATES) concept. This concept involves the storage of thermal energy in an underground aquifer until a later date when it can be effectively utilized. Either heat energy or chill can be stored. Potential end uses of the energy include district space heating and cooling, industrial process applications, and use in agriculture or aquaculture. Issues are examined in four categories: regulatory requirements, property rights, potential liability, and issues related to heat or chill delivery.

  9. The Dynamics of Slovak-Hungarian Relations – The Shift from Language Issues to Legal and Symbolic Questions

    Directory of Open Access Journals (Sweden)

    Mihálik Jaroslav

    2014-06-01

    Full Text Available Language practice and its official recognition are considered crucial markers of national identities in the region of Central/Eastern Europe. The issue of language rights used to be a vital aspect of the agenda in national movements in the former Austrian (Austrian- Hungarian Monarchy, together with the process of territorializing and constructing of national identities in the region since the nineteenth century. The protection, persistence, preservation and further development of the national language was introduced as part of the moral obligations and commitments of the members of a community to the constructed national community.

  10. 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)

  11. 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.

  12. 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

  13. 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.

  14. Ethical, Legal and Social Issues related to the health data-warehouses: re-using health data in the research and public health research.

    Science.gov (United States)

    Lamas, Eugenia; Barh, Anne; Brown, Dario; Jaulent, Marie-Christine

    2015-01-01

    Research derived from the application of information and communication technologies in medicine operates in a context involving the globalization of collecting, sharing, storage, transfer and re-use of personal health data. Health data computerization within Clinical Information Systems (as Electronic Healthcare Records) should allow the re-use of health data for clinical research and public health purposes. One of the objects allowing the integration of healthcare and research information systems is the health data-warehouse (DWH). However, ethical-legal frameworks in force are not adapted to these DWHs because they were not conceived for re-using data in a different context than the one of their acquisition. For that matter, access modalities to data-warehouses must ensure the respect of patients' rights: information to the patient, as well as confidentiality and security. Through a bibliography research, some Ethical, legal and Social Issues (ELSI) have been identified: Patients' rights Modalities of implementation of the DWs; Solidarity and common good; Transparency and Trust. Comparative analysis between the Directive 95/46/CE and the "Proposal for regulation on protection of individuals with regard to the processing of personal data" shows that this regulation pretends allowing the re-use of key-coded data when aimed at a scientific purpose. However, since this new regulation does not align with the ethical and legal requirements at an operational level, a Code of practice on secondary use of Medical Data in scientific Research Projects has been developed at the European Level. This Code provides guidance for Innovative Medicine Initiative (IMI) and will help to propose practical solutions to overcome the issue of the re-use of data for research purposes.

  15. Legal Issues in Faculty Evaluation of Student Clinical Performance.

    Science.gov (United States)

    Kapp, Marshall B.

    1981-01-01

    Many faculty members are reluctant to evaluate the clinical performance of medical students because of fear of legal liability and lawsuits. Current methods and uses of evaluation and legal issues are discussed. The Supreme Court's decision in Board of Curators of the University of Missouri v. Horowitz is discussed. (Author/MLW)

  16. Owning the tooth: exploring the ethical and legal issues relating to the use of extracted human teeth in dental education in Australia.

    Science.gov (United States)

    Holden, Acl; Dracopoulos, S A

    2017-06-01

    Extracted human teeth have been used to practice operative techniques for a very long time. As a natural surrogate for a live tooth in vivo, their use has traditionally been very important for the development of skills in trainee dentists, as well as their qualified colleagues who wish to practise existing or new skills. As synthetic alternatives develop greater authenticity, alongside a society in which many retain their natural dentition well into old age, the current paradigm relating to how extracted teeth in dental education are used needs to be revisited. An ethical and legal dilemma that must be addressed within dental education relates to where and how teeth may be sourced. This article will seek to question whether there is a legal or ethical requirement to gain consent for the use of extracted teeth from patients, as well as exploring the status of whether extracted dental tissue can be considered to be the property of either patient or surgeon. Whilst synthetic alternatives are being utilized more frequently in education, it is unlikely that they will completely replace extracted natural teeth in the immediate future. It is therefore imperative that their use complies with legal doctrine and contemporary ethical thought. © 2016 Australian Dental Association.

  17. Tenure Traps: Legal Issues of Concern.

    Science.gov (United States)

    Drapeau, Donald A.

    1995-01-01

    Offers information and observations on six areas of legal concern in circumstances where tenure is denied and the individual decides to contest the decision. Advises making the tough decisions early in the process, following the established process, and being as clear as possible in intentions and communication. (SR)

  18. Pain Management: Medico-Legal Issues

    Directory of Open Access Journals (Sweden)

    Gaurab Maitra

    2008-01-01

    Full Text Available Freedom from pain has now emerged as a fundamental human right. Pain has long been under treated and physicians have been accused for poor pain management. There are many reasons for failure of physicians to properly manage pain. Joint Commission on Accreditation of Health Care Organizations (JCAHO made pain assess-ment and proper management mandatory. Many statutory regimens have evolved over the time demanding proper pain management and focusing it as a legal right. Standards of care for pain management have evolved and are well established. Websites have also proliferated to help physicians gain user friendly access to these guidelines. Physi-cians are now bound with legal responsibilities to follow pain practice as per the guidelines and to document every-thing in medical records. Not only the physicians, the hospitals are also liable to it patients if it fails to uphold the standard of care to ensure patient′s safety. Though pain management has been slow to progress, a convergence of forces have now made it possible to incorporate quality pain management in medical practice.

  19. Legal and Ethical Issues in Evaluating Abortion Services.

    Science.gov (United States)

    Ferris, Lori E.

    2000-01-01

    Focuses on ethical and legal issues that arose in the evaluation of abortion services. Discusses the development of decision rules and tradeoffs in dealing with these issues to reach rational and objective decisions. Places the discussion in the context of balancing usefulness and propriety with respect to informed consent and privacy and makes…

  20. Legal and Ethical Issues in Evaluating Abortion Services.

    Science.gov (United States)

    Ferris, Lori E.

    2000-01-01

    Focuses on ethical and legal issues that arose in the evaluation of abortion services. Discusses the development of decision rules and tradeoffs in dealing with these issues to reach rational and objective decisions. Places the discussion in the context of balancing usefulness and propriety with respect to informed consent and privacy and makes…

  1. The issue of euthanasia in Greece from a legal viewpoint.

    Science.gov (United States)

    Voultsos, Polichronis; Njau, Samuel N; Vlachou, Maria

    2010-04-01

    Modern Greek society appears to be split regarding the legalization of euthanasia. The Greek Orthodox Church maintains a negative attitude. Research shows that some forms of euthanasia are carried out "behind closed doors". There is no specific legal provision. The government avoids bearing the political cost of regulating this marginal issue. According to the dominant view of Criminal Law jurists, some forms of euthanasia are considered permissible de lege lata, under certain conditions. The safety of the concurrence of these conditions, safeguarding of the acceptability of forms that are considered permissible and - mostly - the need to regulate the prohibited forms in exceptional cases, all force the legislators to promptly fill any legal vacuums.

  2. The Polish Budget Act for 2016: Legal Issues

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2016-06-01

    Full Text Available The article presents the legal content and system of the 2016 Budget Act and the legal significance of its regulations. The Budget Act for 2016 contains three parts: the state budget (general budget, complementary budgets, other legal provisions. The state revenues, expenditure, expenses, salaries, rates of some state levies are determined in the Budget Act. The regulations of the Budget Act relate to the financial activity of government and other parts of the state. The complex Budget Act contains provisions resulting from the many legal acts.

  3. Video Surveillance: Privacy Issues and Legal Compliance

    DEFF Research Database (Denmark)

    Mahmood Rajpoot, Qasim; Jensen, Christian D.

    2015-01-01

    . There is a need to balance the usage of video surveillance against its negative impact on privacy. This chapter aims to highlight the privacy issues in video surveillance and provides a model to help identify the privacy requirements in a video surveillance system. The authors make a step in the direction...

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

    Science.gov (United States)

    Larsen, Ann-Claire

    2012-12-01

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

  5. Legal Issues Supporting Production and Distribution of Biotech Products

    Directory of Open Access Journals (Sweden)

    Elena V. Luneva

    2016-11-01

    Full Text Available in article, on basis of works of Russian and foreign academic lawyers, biologists, microbiologists, zoologists, genetics and also representatives of other sciences of natural-science branch, is researched legal relationship on production and distribution of biotechnological products in the Russian Federation, The law provision in considered sphere is highly unified. Peculiarities of legal mode of biotechnological products are not taken into account. Specification and differentiation of legal regulation of relations on production and distribution of biotechnological products is required. Absence of legal definition of "biotechnology" leads to ambiguity of their legal mode and low efficiency of legal regulation. Reasonability of development of separate legal classification by potential hazard of gene-engineering activity for ecological systems is grounded. Necessity of assignment of legal measures directed on development of biotechnologies and active involvement of biotechnological methods into diverse segments of economic and social provision of human is detected. Conclusion is made about the fact that proportion of stimulation and limitation in legal regulation of production and distribution of biotechnological products should be such that maximally complete application of achievements and developments of biotechnology in production with minimal risk of adverse impact on human and natural environment may occur.

  6. 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.

  7. Study on the Legal Issues Related to Micro-blog Registered%微博抢注的相关法律问题研究

    Institute of Scientific and Technical Information of China (English)

    魏依

    2016-01-01

    Micro-blog as a new thing in the network, whether it is from the number of participants or from the perspective of information transmission, it plays an important role. Due to the characteristics of micro-blog registered user name can not be repeated, micro-blog names behavior also appear constantly. Some people even get commercial interests from micro-blog re-gistered in. However, micro-blog registered this behavior may reputation right of natural persons, enterprise trademark in-fringement. The author from registered micro Po the act itself of comprehensive study of the registered micro Po related legal relationship and social harm of, and compares the registered micro Po is the class of problems for the provisions of, and our country for domain name registration related legal doctrine, for our country solve micro blog grab note this problem means that can be used for reference.%微博作为网络的新生事物,无论是从参与人数或是从信息传递的角度看来,都起着重要的作用。由于微博注册用户名不能重复的特点,微博名称抢注的行为也不断出现。甚至有些人从微博抢注中获得了商业利益。但是,微博抢注这一行为可能会对自然人的名誉权,企业的商标权等造成侵害。笔者从微博抢注这一行为本身出发,综合研究了微博抢注有关的法律关系及社会危害性,并比较考察国外对于类微博抢注问题的规定,以及我国对于域名抢注相关的法律学说,为我国解决微博抢注这一问题提供了可借鉴的手段。

  8. 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.

  9. 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…

  10. Adolescent Abortion: Psychological and Legal Issues.

    Science.gov (United States)

    American Psychologist, 1987

    1987-01-01

    Findings from empirical research differ greatly from the Supreme Court's assumptions about psychological factors in adolescent abortion. Psychologists should preserve adolescent clients' privacy in counseling about pregnancy-related decisions. Government should encourage counseling services for pregnant adolescents and research on psychological…

  11. Female genital mutilation: medico-legal issues.

    Science.gov (United States)

    Mswela, Maureen

    2010-12-01

    The rising prevalence and severe impact of HIV/AIDS in relation to women still persists in South Africa. Both economically and socially the HIV/AIDS pandemic strikes women the hardest, with disadvantaged black women mainly at risk of higher infection. The theoretical framework of this paper focuses on the connection between HIV/AIDS, sexual inequalities and sexual violence, and more precisely, female genital mutilation, a cultural practice and custom which amplifies women's exposure to HIV. Pertinent to this focus is inescapably an analysis of apparent threats to precise essential human rights as a result of the continued use of the practice of female genital mutilation in South Africa.

  12. 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.

  13. 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.

  14. Related Issues about Legal Protection of Micro-Blog Copyright%微博著作权法律保护相关问题探讨

    Institute of Scientific and Technical Information of China (English)

    胡卫萍

    2014-01-01

    Although the length of micro-blog content is short and words are limited,the copyright problem of micro-blog still exists.Legal recognition and infringement responsibility that be investigated of micro-blog copyright will be the main content of legal protection.While there are some questions need to think about:how to confirm micro-blog copyright?How to define the standards on micro-blog copyright infringement,improve evidence mechanism and confirm the compensation standard according to the type of infringement?At the same time,the protection of micro-blog copyright not only needs the law protect, but also depends on the moral level and self-discipline of the Internet user.Only combining a sound legal system with a noble online moral,we can realize the real legal protection of micro-blog copyright.%微博内容虽短小精炼,却并不因此否定其著作权的存在。微博著作权的法律确认和对微博著作权侵权责任之追究,成为微博经济发展需求下的微博著作权保护的主要内容。而如何确认微博著作权,如何依据微博著作权的侵权类型明确微博著作权侵权标准、完善微博著作权侵权证据制度、确定微博著作权侵权损害赔偿标准,则是需要大家审慎思考的问题。同时,微博著作权法律保护,单靠侵权防范的法律规制是不够的,还得依赖于网络用户的道德水准与自律水平。只有完善的法律制度与高尚的网络道德相结合,才能最终实现微博著作权的法律保护。

  15. CONTROVERSIAL LAW ISSUES IN THE ENFORCEMENT OF THE NEW LEGAL PROVISIONS IN FAMILY LAW

    Directory of Open Access Journals (Sweden)

    Dan LUPAȘCU

    2016-05-01

    Full Text Available The relatively short period of the new Romainian Civil Code implementation highlights the existence of some controversial law issues regarding the legal provisions contained in Book II, entitled “About family”. Apart from the theoretical disputes, there are also court decisions that contain different solutions in the enforcement of the same legal provisions. Controversy exists not only in relation to the newly introduced institutions in our legal landscape, but also regarding the ones taken over from the old regulation, institutions that have undergone some changes. The examples are most varied and they do not bypass almost any matter. Thus, we signal the presence of different interpretations of regulations regarding: engagement, marriage, divorce, parentage, adoption, the legal duty to maintain, the parental authority, etc. The present study highlights such controversy’s by presenting the views expressed and the arguments invoked in their support and also some propositions of Ferenda Law.

  16. CONTROVERSIAL LAW ISSUES IN THE ENFORCEMENT OF THE NEW LEGAL PROVISIONS IN FAMILY LAW

    Directory of Open Access Journals (Sweden)

    Dan LUPAȘCU

    2016-06-01

    Full Text Available The relatively short period of the new Romainian Civil Code implementation highlights the existence of some controversial law issues regarding the legal provisions contained in Book II, entitled “About family”. Apart from the theoretical disputes, there are also court decisions that contain different solutions in the enforcement of the same legal provisions. Controversy exists not only in relation to the newly introduced institutions in our legal landscape, but also regarding the ones taken over from the old regulation, institutions that have undergone some changes. The examples are most varied and they do not bypass almost any matter. Thus, we signal the presence of different interpretations of regulations regarding: engagement, marriage, divorce, parentage, adoption, the legal duty to maintain, the parental authority, etc. The present study highlights such controversy’s by presenting the views expressed and the arguments invoked in their support and also some propositions of Ferenda Law.

  17. 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.

  18. 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

  19. Cross-Cultural Collisions in Cyberspace: Case Studies of International Legal Issues for Educators Working in Globally Networked Learning Environments

    Science.gov (United States)

    Rife, Martine Courant

    2010-01-01

    This article explores some of the legal and law-related challenges educators face in designing, implementing, and sustaining globally networked learning environments (GNLEs) in the context of conflicting international laws on intellectual property and censorship/free speech. By discussing cases and areas involving such legal issues, the article…

  20. 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.

  1. A study of contract legal issues in Chinese carbon market

    Institute of Scientific and Technical Information of China (English)

    Pei Qing; Jiang Dongmei; Zhang Mengheng

    2009-01-01

    Clean Development Mechanism (CDM) has given birth to an international carbon trading market prosperity, which provides developing countries with valuable opportunities to address climate change issues together with economic development and environmental improvement to achieve the sustainable goal. China, as the biggest carbon market, has caught worldwide attention. However, most studies of CDM focus on economics and environmental science, few on its legal problems. Transaction activities are the essence of market mechanism. To protect the benefits of market participators and regulate the market orders, the Contract Law takes this important role along with development of market mechanism. Therefore, this paper only focuses on the carbon market in China, with the assessment of the risks in the CDM development first. The involved contracts will be identified and analyzed to point out the major contract legal issues in Chinese carbon market. In the meantime, this paper further discussses that measurements at both private level and governmental level should be taken to protect and realize the utility and equality of contract in the carbon market.

  2. Hereditary breast and gynecological tumors: Italian legal issues.

    Science.gov (United States)

    DI Vella, Giancarlo

    2016-10-01

    The availability of diagnostic and therapeutic procedures that lower the risk for developing hereditary family-related tumors is weighed against Italian ethical and legal provisions. The healthcare environment in which a professional works should require that he possess specific technical, relational and medical competencies based upon legal orientation in addition to scientific evidence. Particular emphasis is attributed to the doctor-patient relationship, with explicit reference to the following: 1) all of the information at hand that is required to achieve a "therapeutic alliance" that combines the best interests of the patient with treatment options; 2) the completeness and intelligibility of health records, as they are likely to explain the background logic and the following of scientific clinical procedure; 3) the observance of guidelines and protocols, and their relevance to the legal responsibility of the individual and health care companies; 4) the need of a multidisciplinary approach in the treatment of these patients and the obligation of the team to have malpractice insurance. Advances on "provisions concerning liability of health personnel", which is currently awaiting approval, allows the professional to protect the patient's health without the fear of being unnecessarily censured, and unjustified from a penal or civil point of view which can deteriorate the relationship of trust and cooperation established.

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

    Science.gov (United States)

    Abdikerimova, Aynur A.

    2016-01-01

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

  4. 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.

  5. [Food supplements : Legal requirements, borderline issues and other aspects].

    Science.gov (United States)

    Noble, Pia

    2017-03-01

    Food supplements are classified as foods. They are concentrated sources of vitamins and minerals or other substances with a nutritional or physiological effect. Their purpose is to supplement the normal diet. Food supplements have to comply with the applicable legal provisions of the food law. In order to ensure the health protection of consumers, food supplements that will be put on the market must be safe. For food supplements, regulations exist at the EU level as well as at the national level. Specific requirements are regulated in the Ordinance on Food Supplements, with which the European Directive on Food Supplements was transposed into German law. The European and German legal provisions applicable to food supplements are outlined. Important aspects regarding the delimitation between food supplements and medicinal products are addressed. These borderline issues are of special importance to food supplements which are marketed in dose forms such as capsules, tablets etc., the typical forms of medicinal products. Problems resulting from the lack of harmonized rules are described. The European harmonization of the rules is still incomplete for substances with a nutritional or physiological effect other than vitamins and minerals for use in food supplements. The setting of maximum amounts of vitamins and minerals present in food supplements as envisaged in the Directive on Food Supplements has not yet been implemented.

  6. 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.

  7. Safeguarding children's rights in psychopharmacological research: ethical and legal issues.

    Science.gov (United States)

    Kölch, Michael; Ludolph, Andrea G; Plener, Paul L; Fangerau, Heiner; Vitiello, Benedetto; Fegert, Joerg M

    2010-01-01

    Research on psychopharmacological treatment in children and adolescents is the subject of ongoing ethical discussion, as minors with mental disorders constitute a vulnerable patient group. Considering the important legislative changes in pediatric research over the past decade in both the US and Western Europe, there is a need to review recent developments in this area. Based on a systematic literature review, a hermeneutical analysis focusing the main issues of ethics in child and adolescent psychopharmacology is provided. Legal and regulatory aspects of psychopharmacological research in children are compared between the US and Europe. Relevant issues were informed assent and consent to research participation, minimal risk and burden of research, ethics of pharmacogenetics, research on "me-too" medications, and justice in global research. Additionally, the concern about undue influence of financial interests in research is also addressed. Incentives for the conduct of clinical trials with children comparable to those contained in US legislation are now provided in the EU. Research to develop "me-too" preparations may have no significant benefit for children, but can cause research burden and detract from clinically more important projects by utilizing limited investigator time and patient resources. Thus far, pharmacogenetic studies may bring more individualized treatment approaches into child psychiatry but they remain at present a promise for the future. Finally, the issues of avoiding undue influence from funders and conflicts of interest remain a prominent concern which can be solved by declaring conflicts and publishing all results of studies extensively.

  8. Unconventional dentistry: Part III. Legal and regulatory issues.

    Science.gov (United States)

    Goldstein, B H

    2000-10-01

    This is the third in a series of 5 articles providing a contemporary overview and introduction to unconventional dentistry (UD) and its correlation to unconventional medicine (UM). UD presents issues of dental quackery, fraud and malpractice, and it also engenders professional concerns about public protection and professional risks. Case reports illustrate numerous issues. The reader is encouraged to evaluate the cases for problems related to malpractice, fraud, ethics, behaviours and professionalism. A discussion of ethical issues is beyond the scope of this paper.

  9. Ethical, legal, and social issues: our children's future.

    Science.gov (United States)

    Gilbert, Steven G

    2005-08-01

    A convergence of issues suggests that protecting child health is not so much a matter of research, but rather a matter of policy and advocacy. First, we have well-articulated views of a vision for child health. Second, we have experience and toxicological research findings demonstrating the adverse health effects of hazardous chemicals on children and recognize that children are more sensitive than adults to chemical exposures. Results from toxicology research have motivated many regulatory and legal actions, and public policy decisions, including the banning of some pesticides, reducing exposures in the workplace, and lowering of acceptable blood lead levels in children. We also know that childhood disabilities from chemical exposure during developmental are often not treatable and therefore must be prevented. Finally, we have an increasingly well-defined framework for discussing social and ethical responsibility to our children. New discoveries in the basic biological and toxicological sciences have challenged our bioethical thinking and societal decision-making. This paper will explore the ethical, legal, and social issues raised by the toxicological sciences first by examining some hard lesson learned about childhood effects of chemicals and then by examining the difficult policy and research decisions that must be made as we address our need for additional information about the health effects of chemicals on adults and children and the impact of having this information. The precautionary principle will be considered as an alternative decision-making approach as well as exploring the concept of the citizen toxicologist (CT). As Garrett Hardin pointed out many years ago, the problems we face often have no technical solutions, but rather require a policy-based approach. This paper will be of interest to the public and health professionals concerned about the broader impact of toxicological research on bioethical and societal decision-making.

  10. The experience of the child witness: Legal and psychological issues.

    Science.gov (United States)

    Robinson, Jana

    2015-01-01

    The increasing presence of child witnesses in the courtroom has brought with it a host of challenges and dilemmas. Related concerns include whether children may be deemed incompetent solely because of their age, whether their testimony is reliable and accurate in light of their allegedly suggestible nature, and whether the experience of testifying may re-traumatize witnesses who are also victims. A growing body of multidisciplinary research continues to address the legal and clinical implications of permitting children to testify in open court. Numerous guidelines have been promulgated that contain recommendations for protecting children's best interests as they journey through the criminal justice system. Related courtroom procedures vary greatly among American jurisdictions, and innovations in other countries--for example, the United Kingdom's Youth Justice and Criminal Evidence Act of 1999, and similar legislation in Israel and in Norway--have introduced a range of alternative measures that can be employed with young witnesses, depending primarily on whether the child witness is ultimately deemed either "vulnerable" or "intimidated." This article incorporates legal and psychological studies--from geographically diverse perspectives--that focus upon the courtroom experiences of child witnesses in criminal proceedings, including determinations of testimonial capacity and other matters unique to this population. Copyright © 2015 Elsevier Ltd. All rights reserved.

  11. Ethical and legal issues in renal transplantation in Nigeria

    Directory of Open Access Journals (Sweden)

    S O Ajayi

    2016-01-01

    Full Text Available With the increasing number of patients being offered kidney transplantation by many centers in the developing world, it is not unexpected that there would be attendant ethical and legal issues even when the selection process for transplantation seems medically justified. Because of the inadequate infrastructure for hemodialysis and peritoneal dialysis, coupled with the challenges of logistics for maintenance dialysis, transplantation would seem to be the best option for patients with end-stage renal failure, even in developed economies where these can easily be tackled. The main issues here revolve around incentives for donors, organ trade and trafficking and the economics of eliminating the waiting list and the criminal activities of organ trans-plantation. In the developing world, with the current level of corruption and poverty, there is a need to redouble efforts to monitor transplant activities. Professional bodies should take the lead in this regard. Furthermore, there is a need for governments to engage in public consultation and community awareness concerning organ donation in living and deceased persons.

  12. Legal issues in sharing the benefits of biodiversity prospecting.

    Science.gov (United States)

    Mays, T D; Mazan, K D

    1996-04-01

    The National Cancer Institute (NCI) is the US Government's principal agency for research on the prevention, diagnosis and treatment of cancer. A critical component of the Institute's mission is the identification and development of new and promising treatments for cancer and AIDS. For many years these efforts have included a program to investigate natural products for potential new therapeutic agents. In 1986, with the advent of new screening techniques, the National Cancer Institute stepped up its exploration of natural products and began world-wide collections of plants in tropical and subtropical regions. In recognition of the principles of the Biodiversity Treaty, NCI appreciates that continued access to the natural products of these countries depends on the Institute's ability to recognize the contributions of these source countries and their indigenous peoples, and to provide them adequate incentives to conserve their natural resources for the purposes of drug discovery. Accomplishing this goal presented several legal issues for the National Cancer Institute. As an agency of the US government, the NCI has an adjunct statutory mission to facilitate the transfer of technology developed through the Institute's programs into the private sector for further development and commercialization, and NCI operates under a national policy to use the patent system to transfer Federally supported research to the private domestic sector. Reliance on patent law may limit the Institute's ability to recognize the rights of source countries and their indigenous people and provide compensation for their contributions. However, other legal instruments, such as contracts, can serve as interim measures to provide compensation to source countries and indigenous populations. The National Cancer Institute's Letter of Collection agreement (LOC, formerly the "Letter of Intent'), is an example of an alternative means that "fills-in the gaps' created by patent law and through which source

  13. Treating transsexuals in India: History, prerequisites for surgery and legal issues

    Directory of Open Access Journals (Sweden)

    Gupta Richie

    2009-01-01

    Full Text Available Authors in their clinical practice came across transsexual patients, who were determined to get their gender affirmed by undergoing a change of sex. This motivated the authors to review the literature extensively regarding transsexualism and report their experience. Opinions were taken from legal luminaries practicing in related fields. They also took inputs from several patients who were at various stages of psychiatric analysis and hormone therapy and also those, who had completed their treatment procedures. A paucity of the Indian inputs in medical literature concerning transsexualism was noted by the authors They also found deficiencies in the Indian Law, as applied to the individuals undergoing gender affirmation surgery (GAS. In this paper they have enumerated these deficiencies. Though GAS has been legally allowed in U.K. since 1967, in America since 1972, and in various other countries, Indian Laws are silent on the issue. An Indian surgeon dealing with transsexual patients is faced with a number of issues like consent for the procedure, safe guarding the surgeon or gender team from future litigation. Another issue is postoperative sexual and legal status of the patient. Present Indian Laws regarding marriage, adultery, sexual and unnatural offences, adoptions, maintenance, succession, labour and industrial laws will require modifications when dealing with these individuals and protecting their rights. Authors have tried to deal with all these issues that an individual surgeon faces when he manages a transsexual patient.

  14. Legal and regulatory issues affecting the aquifer thermal energy storage concept

    Energy Technology Data Exchange (ETDEWEB)

    Hendrickson, P.L.

    1980-10-01

    A number of legal and regulatory issus that potentially can affect implementation of the Aquifer Thermal Energy Storage (ATES) concept are examined. This concept involves the storage of thermal energy in an underground aquifer until a later date when it can be effectively utilized. Either heat energy or chill can be stored. Potential end uses of the energy include district space heating and cooling, industrial process applications, and use in agriculture or aquaculture. Issues are examined in four categories: regulatory requirements, property rights, potential liability, and issues related to heat or chill delivery.

  15. [National Database of Genotypes--ethical and legal issues].

    Science.gov (United States)

    Franková, Vera; Tesínová, Jolana; Brdicka, Radim

    2011-01-01

    National Database of Genotypes--ethical and legal issues The aim of the project National Database of Genotypes is to outline structure and rules for the database operation collecting information about genotypes of individual persons. The database should be used entirely for health care. Its purpose is to enable physicians to gain quick and easy access to the information about persons requiring specialized care due to their genetic constitution. In the future, another introduction of new genetic tests into the clinical practice can be expected thus the database of genotypes facilitates substantial financial savings by exclusion of duplicates of the expensive genetic testing. Ethical questions connected with the creating and functioning of such database concern mainly privacy protection, confidentiality of personal sensitive data, protection of database from misuse, consent with participation and public interests. Due to necessity of correct interpretation by qualified professional (= clinical geneticist), particular categorization of genetic data within the database is discussed. The function of proposed database has to be governed in concordance with the Czech legislation together with solving ethical problems.

  16. 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.

  17. 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.

  18. Legal issues of biomedical assisted reproduction: Reproductive tourism

    Directory of Open Access Journals (Sweden)

    Samardžić Sandra

    2011-01-01

    Full Text Available National laws represent a combination of customary and ethical, but also political and other opinions in a society. Particularly delicate, are the laws regulating the issue of assisted reproduction. In this area, broad social acceptance of legal solutions is an essential prerequisite for their use, while achieving the consent of the majority, especially the consensus is extremely difficult, almost impossible. As much as the laws seek to implement those views that are predominant, the adopted solutions will always remain incapable of granting wishes to a certain number of people. These persons, in an understandable effort to realize their desire for an offspring at any cost, will not hold back from seeking help at any place, even if it meant going to distant destinations and extracting large sums of money. In fact, many patients go to other countries which set less restrictive rules in the field of assisted reproduction, and it appears that in the near future we could not expect a reduction of this trend. This phenomenon, which is in theory called reproductive tourism, has long been a reality that one can see as a problem, while others view it as an irreplaceable solution. This paper seeks to highlight the main causes of this phenomenon, but also to try and give an answer as to, whether reproductive tourism should be prevented (and how or actually its maintenance in force reduces moral conflict in society through a mechanism that recognizes the right of everyone to a considerable extent of free will in decision making regarding the most significant issues which offspring certainly is.

  19. 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)

  20. Wrongful birth and wrongful conception: the legal and moral issues.

    Science.gov (United States)

    Donovan, P

    1984-01-01

    This is a summary review of the various legal, moral and policy issues that have contributed to changes in the courts' enactment of legislation on wrongful-birth and wrongful-conception suits in the United States. Both cases represent the Supreme Court's recognition of personal injury claims by parents who have received inadequate medical care that has led to the birth of an imparied or unplanned child. In wrongful-birth cases, the parents assert that if they had received proper genetic counseling or testing, the child's birth could have been avoided. Parents involved in litigation of this type argue that the doctor's negligence prevented them from making such decisions, and that they should be compensated for the financial hardships and emotional suffering they experience as a result of his mistake. In such claims, the physician is charged with malpractice, an aspect of the law of torts which gives the injured party the right to seek financial compensation for that injury. Generally, state courts have allowed parents to recover the costs of medical care and of training and treatment for the handicapped child. Similarly, state courts now routinely recognize the wrongful-conception claims of parents who seek damages from a doctor or pharmacist after the birth of a healthy but unplanned child, born as a result of a failed sterilization or abortion. The recognition of wrongful-birth claims is closely linked to the legalization of abortion and the refinement of diagnostic tests, e.g., amniocentesis, that can detect many genetic diseases before birth. Such legislation is due to changes i opinion since 1967 and was strongly reinforced by the Supreme Court's concurrent decisions that it is a couples' constitutional right to decide whether or not to have a child and whether or not to use contraceptives to prevent conception. The major controversy today in this type of claims is over the amount of damages the parents may recover. Some states have passed legislation barring

  1. Do Legal Issues Deserve Space in Specialty Medical Journals ?

    Science.gov (United States)

    Nagpal, Neeraj

    2016-02-01

    Physicians and Internists in India have tended to brush under the carpet legal issues affecting their profession. Of concern to all Physicians is the judgment in a recent case where the NCDRC has stated that if MD Medicine Physicians write Physician & Cardiologist on their letterhead it is Quackery. What is MD Medicine degree holder in India qualified and trained to treat ? These are issues which need debate and that can only be initiated once we recognize that there is a problem. Either an MD Medicine is a cardiologist or he is not. If he is then it is the bounded duty of the Association of Physicians of India to challenge this judgment in a higher court of law and seek clear guidelines from MCI as well as Supreme Court on the issue. Editors of Specialty journals have a responsibility of selecting the best articles from those which are submitted to them to be published. Ultimately space in these journals is limited and hence the responsibility to select is enormous and simultaneously reason for rejection of an academic paper also has to be substantial. The question is "do issues which are not core to the specialty concerned deserve space in these?" Physicians and Internists in India have tended to brush under the carpet legal issues effecting their profession. Surgical specialties specially obstetricians and their associations have to some extent recognized the problem and taken steps to address the issue specially as regard PCPNDT Act.1 Physicians are more complacent and regard the Consumer Protection Act (CPA) 19862 and problems associated with it to primarily concern the surgical specialties. What is forgotten is that the maximum penalty of 6.08 crore plus interest of 5.5 cr has been awarded in case involving a patient treated primarily by a physician and on whom no surgical procedure was performed.3 It has also to be realized that there is no limit on the amount of compensation which can be asked for under CPA.2 Compensations have been awarded by National

  2. Legal Problems in Broadcasting: Identification and Analysis of Selected Issues.

    Science.gov (United States)

    Toohey, Daniel W.; And Others

    This book is designed as an introduction and reference to broadcast law for commercial and noncommercial station managers and staff, college students of radio and television, and general readers. It is divided into two sections, "Freedom of Expression and Related Issues" and "Business Aspects of Programming." The first section contains seven…

  3. 1/24 CONTEMPORARY LEGAL ISSUES IN ELECTRONIC ...

    African Journals Online (AJOL)

    Dr Tanya du Plessis

    issues relate to cyber crimes that are threatening e-commerce, and also the ... There is no legislation on the protection of data presently in Nigeria, and the .... 33 See generally the obiter dictum of Sir Iain Glidewell in St Alban's City and District Council v ... processing activities, several connecting factors could occur in a.

  4. Mobile health applications: the patchwork of legal and liability issues suggests strategies to improve oversight.

    Science.gov (United States)

    Yang, Y Tony; Silverman, Ross D

    2014-02-01

    Mobile health (mHealth) technology has facilitated the transition of care beyond the traditional hospital setting to the homes of patients. Yet few studies have evaluated the legal implications of the expansion of mHealth applications, or "apps." Such apps are affected by a patchwork of policies related to medical licensure, privacy and security protection, and malpractice liability. For example, the privacy protections of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 may apply to only some uses of the apps. Similarly, it is not clear what a doctor's malpractice liability would be if he or she injured a patient as the result of inaccurate information supplied by the patient's self-monitoring health app. This article examines the legal issues related to the oversight of health apps, discusses current federal regulations, and suggests strategies to improve the oversight of these apps.

  5. [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.

  6. 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.

  7. Legal issues in the development of geopressured-geothermal resources of Texas and Louisiana Gulf Coast

    Energy Technology Data Exchange (ETDEWEB)

    Elmer, D.B.; Rogers, K.; Vanston, J.H.; Elmer, D.B.; Gustavson, T.C.; Kreitler, C.W.; Letlow, K.; Lopreato, S.C.; Meriwether, M.; Ramsey, P.; Rogers, K.E.; Williamson, J.K.

    1976-01-01

    The legal issues are discussed in two areas: legal scholarship and legal support. Scholorship is distinguished from support by concentration on abstract analyses of issue that include resource definition, ownership, taxation, and multistate reservoirs. Support is based entirely on those legal tasks called up by the technical work schedule in the areas of Resource Assessment, Advanced Research and Technology, Institutional and Environmental, and Resonance Utilization. The legal section will, in the future, make recommendations and implement procedures designed to assist in the rapid and orderly development of the resource. The PERT (Program Evaluation Review Techniques) chart for sequencing of legal scholarship and support tasks is included. An oral presentation on geothermal resources in Texas, a resource model for the resource utilization section, and some excerpts from legislation pertaining to geothermal energy are provided in an Appendix. (MCW)

  8. 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.

  9. [Medical, ethical and legal issues in cryopreservation of human embryos].

    Science.gov (United States)

    Beca, Juan Pablo; Lecaros, Alberto; González, Patricio; Sanhueza, Pablo; Mandakovic, Borislava

    2014-07-01

    Embryo cryopreservation improves efficiency and security of assisted reproduction techniques. Nonetheless, it can be questionable, so it must be justified from technical, legal and ethical points of view. This article analyses these perspectives. Embryo cryopreservation maximizes the probability of pregnancy, avoids new ovary stimulations and reduces the occurrence of multiple gestations. There is consensus that the in vitro embryo deserves legal protection by its own, although not as a newborn. Very few countries prohibit embryo cryopreservation based on the legal duty to protect human life since fecundation. Those countries that allow it, privilege women's reproductive rights. In Chile and in Latin America, no laws have been promulgated to regulate human assisted reproduction. The moral status of the embryo depends on how it is considered. Some believe it is a potential person while others think it is just a group of cells, but all recognize that it requires some kind of respect and protection. There is lack of information about the number of frozen embryos and their final destination. As a conclusion the authors propose that women or couples should have the right to decide autonomously, while institutions ought to be clear in their regulations. And the legislation must establish the legal status of the embryo before its implantation, the couples' rights and the regulation of the embryo cryopreservation. Personal, institutional or legal decisions must assume a concept about the moral status of the human embryo and try to avoid their destruction or indefinite storage.

  10. Labour Rights Protection in Industrial Relations Issues

    Directory of Open Access Journals (Sweden)

    Eko Adi Susanto

    2015-12-01

    Full Text Available Many violations of the terms of employment at Surabaya, employment protection  and working conditions for workers who are not provided by employers to the maximum, according to the legislation in force, while the legal protection for workers constrained because of the weakness in the system of employment law, both the substance and the culture built by governments and companies. How To Cite: Susanto, E. (2015. Labour Rights Protection in Industrial Relations Issues. Rechtsidee, 2(2, 109-120. doi:http://dx.doi.org/10.21070/jihr.v2i2.78

  11. DNA banking and DNA databanking: Legal, ethical, and public policy issues

    Energy Technology Data Exchange (ETDEWEB)

    Reilly, P.R.; McEwen, J.E.; Lawyer, J.D.; Small, D.

    1997-04-30

    The purpose of this research was to provide support to enable the authors to: (1) perform legal and empirical research and critically analyze DNA banking and DNA databanking as those activities are conducted by state forensic laboratories, the military, academic researchers, and commercial enterprises; and (2) develop a broadcast quality educational videotape for viewing by the general public about DNA technology and the privacy and related issues that it raises. The grant thus had both a research and analysis component and a public education component. This report outlines the work completed under the project.

  12. legal pluralism, sharia courts, and constitutional issues in ethiopia

    African Journals Online (AJOL)

    eliasn

    analysis of the relevant provisions of the law and literature, it is argued that ... light on the exercise of their jurisdiction and on their relationship with courts of .... Ethiopia, and it had a significant influence in the political and legal traditions of ...... a reaction of identity group's active resistance to external forces of change and.

  13. 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.

  14. 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…

  15. Stem cells in court: historical trends in US legal cases related to stem cells.

    Science.gov (United States)

    Martinho, Andreia Martins; Turner, Leigh

    2017-04-01

    Using two legal research platforms, we identified 193 stem-cell-related legal cases that were decided in US courts. Classifying the cases by category, we examined historical trends in the types of legal cases related to stem cells. Major types of cases involved plaintiffs seeking to overturn denial of health insurance coverage decisions, disputes related to intellectual property, false advertising, breaches of contract, exposure to hazardous agents, regulatory decisions, stem cell procedures and professional standard of care, use of stems cells in research, and public funding of embryonic stem cell research. Analysis of court decisions provides insight into contemporary and historical legal issues related to stem cells and reveals the breadth of stem-cell-related cases now being decided by US courts.

  16. Clinical genetic research 3: Genetics ELSI (Ethical, Legal, and Social Issues) research.

    Science.gov (United States)

    Pullman, Daryl; Etchegary, Holly

    2015-01-01

    ELSI (Ethical, Legal, and Social Issues) is a widely used acronym in the bioethics literature that encompasses a broad range of research areas involved in examining the various impacts of science and technology on society. In Canada, GE3LS (Genetics, Ethical, Economic, Environmental, Legal, Social issues) is the term used to describe ELSI studies. It is intentionally more expansive in that GE3LS explicitly brings economic and environmental issues under its purview. ELSI/GE3LS research has become increasingly important in recent years as there has been a greater emphasis on "translational research" that moves genomics from the bench to the clinic. The purpose of this chapter is to outline a range of ELSI-related work that might be conducted as part of a large scale genetics or genomics research project, and to provide some practical insights on how a scientific research team might incorporate a strong and effective ELSI program within its broader research mandate. We begin by describing the historical context of ELSI research and the development of GE3LS research in the Canadian context. We then illustrate how some ELSI research might unfold by outlining a variety of research questions and the various methodologies that might be employed in addressing them in an area of ELSI research that is encompassed under the term "public engagement." We conclude with some practical pointers about how to build an effective ELSI/GE3LS team and focus within a broader scientific research program.

  17. Ethical, legal and social issues for personal health records and applications.

    Science.gov (United States)

    Cushman, Reid; Froomkin, A Michael; Cava, Anita; Abril, Patricia; Goodman, Kenneth W

    2010-10-01

    Robert Wood Johnson Foundation's Project HealthDesign included funding of an ethical, legal and social issues (ELSI) team, to serve in an advisory capacity to the nine design projects. In that capacity, the authors had the opportunity to analyze the personal health record (PHR) and personal health application (PHA) implementations for recurring themes. PHRs and PHAs invert the long-standing paradigm of health care institutions as the authoritative data-holders and data-processors in the system. With PHRs and PHAs, the individual is the center of his or her own health data universe, a position that brings new benefits but also entails new responsibilities for patients and other parties in the health information infrastructure. Implications for law, policy and practice follow from this shift. This article summarizes the issues raised by the first phase of Project HealthDesign projects, categorizing them into four topics: privacy and confidentiality, data security, decision support, and HIPAA and related legal-regulatory requirements. Discussion and resolution of these issues will be critical to successful PHR/PHA implementations in the years to come.

  18. 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.

  19. [Transexual gender identity disorders: diagnostic and legal issues].

    Science.gov (United States)

    Bosinski, H A G

    2003-05-01

    The current classification systems (ICD-10, DSM-IV), epidemiology, symptoms and diagnostic features of gender identity disorders are discussed. In the best interest of the patients, and in view of the legal situation, treatment has to follow set "standards of care". The necessity of a psychotherapeutically guided real life test, lasting at least 1 year before somatic treatment can begin, is again pointed out.

  20. The Military Commissions Act of 2009: Overview and Legal Issues

    Science.gov (United States)

    2010-04-06

    or by proof of the character of the property destroyed, or both.” Id. at IV-13. 64 Civil War records contain many examples of military commission...Conventions designate a “conflict of international character .” 548 U.S. 557, 630 (2006). . The Military Commissions Act of 2009: Overview and Legal...legislation to safeguards provided in federal court,232 the international military tribunals that tried World War II crimes at Nuremberg and Tokyo, and

  1. Human embryonic stem cell research: ethical and legal issues.

    Science.gov (United States)

    Robertson, J A

    2001-01-01

    The use of human embryonic stem cells to replace damaged cells and tissues promises future hope for the treatment of many diseases. However, many countries now face complex ethical and legal questions as a result of the research needed to develop these cell-replacement therapies. The challenge that must be met is how to permit research on human embryonic tissue to occur while maintaining respect for human life generally.

  2. 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.

  3. 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.

  4. Ethical and legal issues in special patient care.

    Science.gov (United States)

    Shuman, S K; Bebeau, M J

    1994-07-01

    Dental professionals encounter a number of challenging ethical and legal dilemmas when caring for special patients. Questions may arise in securing consent for treatment; using restraints; overcoming economic, social, and physical barriers to care; and dealing with patient abuse. These concerns generally stem from underlying conflicts between any of the fundamental ethical principles of autonomy, nonmaleficence, beneficence, justice, veracity, and fidelity. When securing consent for treatment, practitioners must consider both legal competence and decision-making capacity. If decision-making is impaired, input should be solicited from others to arrive at treatment decisions in keeping with the patient's values concerning dental care. To guard against the inappropriate use of restraints, 10 guidelines are presented for consideration. Providers should strive not to allow economic considerations to influence their care unduly either by failing to offer a full range of options or by providing care that is below usual standards. Services must be made available to disabled individuals on the same basis that they are available to others without disability. This principle forms the basis of the Americans with Disabilities Act, which stipulates what accommodations must be made to ensure that physical and social barriers do not impede access to dental care. Finally, special patients, particularly the frail elderly, are at increased risk to become victims of abuse. Dental professionals should be familiar with the warning signs and symptoms of such abuse and their obligation to take actions to end it.

  5. Legal-Ease Intellectual Property Issues in China

    Institute of Scientific and Technical Information of China (English)

    CHRIS; DEVONSHIRE-ELLIS

    2006-01-01

    Intellectual property is very much an emotive issue when it comes to China, and there are many misconceptions or misunderstandings about the subject and how to cope with intellectual property when it comes to "the China issue." Let's examine some of the more common mistakes:

  6. Legal Issues in the Assessment and Treatment of Individuals with Dual Diagnosis.

    Science.gov (United States)

    Bersoff, Donald N.; And Others

    1994-01-01

    Discusses difficult legal, ethical, and professional issues confronting psychologists who work with people with dual diagnoses. Outlines applicable constitutional principles in context of discussing right to institutional services and to refuse treatment, describes statutes that go beyond constitutional protections, and highlights issues that…

  7. 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.

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

    CSIR Research Space (South Africa)

    Dlodlo, N

    2011-04-01

    Full Text Available around the issues of policy interventions, standards, privacy and data protection, traffic and congestion management, business continuity planning, security and regulation. This research is an advancement of knowledge in that field and is meant...

  9. EEMA: focus on technical and legal issues of e-business in the European Union

    Directory of Open Access Journals (Sweden)

    Edwin JACOBS

    2005-01-01

    Full Text Available EEMA is Europe's leading independent association for e-Business and promotes collaboration concerning all technical (ICT , legal and business aspects of e-business. EEMA puts the emphasis on today's practical issues. In this respect, EEMA's Legal Intrest Group, headed by Prof. Jos Dumortier, focuses on all legal aspects of e-business, i.a. electronic signature, e-invoice, identity management, security legislation (e.g. Sarbanes Oxley in the EU, privacy, etc. On November 22nd and 23 rd this year EEMA will organise a two day seminar about electronic invoicing and electronic archiving in Brussels.

  10. Ethical Issues Related to Restructuring.

    Science.gov (United States)

    Mielke, Patricia L.; Schuh, John H.

    1995-01-01

    Offers a framework for thinking about ethical principles through the use of codes of ethics. Examines the ethical issues of restructuring and discusses specific ethical dilemmas. Specifically outlines ethics related to resources allocation and management, and details critical points in restructuring. Argues that ethical guidelines help shape…

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

    Science.gov (United States)

    Martinelli, Kathleen A.; Briggs, William

    1998-01-01

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

  12. [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.

  13. Legal Issues To Be Considered When Testing Teachers for Initial Licensing.

    Science.gov (United States)

    Pascoe, Donna; Halpin, Glennelle

    This review covers the test components of validity, reliability, job-relatedness, and test bias in relation to teacher licensing examinations and the legal decisions that have affected policy in this area. The literature provides a history of court decisions and legal rulings that have shaped policy, test design, and test use. The important…

  14. PERPETUAL USUFRUCT OF AGRICULTURAL LANDS – SELECTED LEGAL AND FINANCIAL ISSUES

    Directory of Open Access Journals (Sweden)

    Aneta Suchoń

    2014-12-01

    Full Text Available The article makes an attempt to determine whether the legal regulations provide a perpetual lessee with, first of all, stable conditions to hold agricultural lands and to run a business activity on these lands and, second of all, whether the regulations make it easier for perpetual lessees to acquire the right to own the lands they possess. The first part of the article concentrates on the legal nature of perpetual usufruct as well as the rights and financial obligations of a perpetual lessee. Then, the paper focuses on the transformation of perpetual usufruct into the right of ownership and the expiry of perpetual usufruct. Next, the article analyses the issue of a perpetual lessee as an agricultural producer. At the end, the Author states that perpetual lessee possesses a wide range of rights and can freely run an agricultural activity on agricultural lands. The legislator has acknowledged perpetual usufruct, along with the most popular forms of holding lands such as ownership and lease, to be a stable element of rural relations. Thus, a perpetual lessee can be granted the European funds, agricultural tax reliefs and insurance in KRUS.

  15. Strikes and the National Health Service: Some legal and ethical issues

    Science.gov (United States)

    Dworkin, Gerald

    1977-01-01

    This paper is sadly opportune. The general public is angry and bewildered if not hurt by the variety of strikes which are brought more or less forcibly to their attention. People used to understand what lay behind a strike - a demand for more pay, better conditions - but today a political element often intrudes, and it is this that worries those who ask themselves whether this or that dispute is either lawful or morally acceptable. Professor Dworkin, a lawyer, first sets out the legal issues surrounding strikes and then advances the ethical arguments, closely relating them to the legal framework. The most interesting part of the paper, however, may well be that devoted to the moral obligation of example, in particular the example to be set by members of the medical profession and by all those caring for the sick. As public attitudes to industrial disputes `become dulled and quiescent' it is absolutely necessary that there should be a reappraisal of the moral standards of the past which coincide with a respect for the law. In the last century the term `anomie' was used to describe a `society which has shaken off its former restraints such as religion, respect for law and order and a definite moral code as to what is right and wrong'. We are living in that sort of society today, and one need not be a professional `ethicist' to recognize the signs, and hopefully, to work for the return of `ethical' values. PMID:874982

  16. Beliefs and expectancies in legal decision making: an introduction to the Special Issue

    Science.gov (United States)

    McAuliff, Bradley D.; Bornstein, Brian H.

    2013-01-01

    This introduction describes what the co-editors believe readers can expect in this Special Issue. After beliefs and expectancies are defined, examples of how these constructs influence human thought, feeling, and behavior in legal settings are considered. Brief synopses are provided for the Special Issue papers on beliefs and expectancies regarding alibis, children’s testimony behavior, eyewitness testimony, confessions, sexual assault victims, judges’ decisions in child protection cases, and attorneys’ beliefs about jurors’ perceptions of juvenile offender culpability. Areas for future research are identified, and readers are encouraged to discover new ways that beliefs and expectancies operate in the legal system. PMID:24348006

  17. LEGAL ISSUES AND REGULATION OF POLITICAL PARTIES IN LITHUANIA DURING THE INTER-WAR YEARS

    Directory of Open Access Journals (Sweden)

    Kristina Ivanauskaitė

    2013-06-01

    Full Text Available Purpose – The research discusses the compounds of social – political parties, their development and legal regulation. Design/methodology/approach – The research is based on qualitative research, which helps to identify and define the problems of legal regulation of political parties. Method of data and documents analysis, content analysis, and historical method are used. Findings – The research tries to avoid considerations of political issues, but legal and historical issues are discussed. It concentrates on the general legal principles of the formation of political parties and associations and their changes. It considers the development of party system regulation and studies the practical problems of legal and factual reality mismatches. In order to carry out a comprehensive scientific study the existing de jure legal framework and the consequent de facto reality is reviewed. The research proves not only that there were some differences between existed legal framework and de facto reality. Also, it defines the requirements to the general principles of regulation of political parties and determines correspondence of existing legal regulation to basic democratic standards. Research limitations/implications – Documents are the most important form of available data. Documents can contain data recorded in monographs, journals, magazines, articles, acts, judgments, official documents etc. Documents can also make up part of records maintained by various individuals and institutions such as libraries, archives, the police etc. The existing judgments, reports and circular notes of Seimas of the Republic of Lithuania, the Ministry of Interiors Affairs, chiefs of staff of districts and police are scientifically significant. However, it should be noted that not all documents have been maintained. Practical implications – The research pays attention to the changes of legal regulation of political parties and its dependence on regime. Moreover

  18. 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)

  19. Current legal and institutional issues in the commercialization of phosphoric acid fuel cells

    Science.gov (United States)

    Nimmons, J. T.; Sheehy, K. D.; Singer, J. R.; Gardner, T. C.

    1982-01-01

    Legal and institutional factors affecting the development and commercial diffusion of phosphoric acid fuel cells are assessed. Issues for future research and action are suggested. Perceived barriers and potential opportunities for fuel cells in central and dispersed utility operations and on-site applications are reviewed, as well as the general concept of commercialization as applied to emerging energy technologies.

  20. 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.

  1. Practicing School Psychology while Impaired: Ethical, Professional, and Legal Issues

    Science.gov (United States)

    Mahoney, Emery B.; Morris, Richard J.

    2012-01-01

    Studies on impairment in psychologists and other mental health practitioners began appearing in the literature 30-35 years ago. Since then, research and related scholarly writings have continued to be published to more fully understand this concept and its components. In school psychology, however, little has been written regarding school…

  2. [Ethical, legal and social issues on regenerative medicine].

    Science.gov (United States)

    Tsukata, Yukiyoshi

    2004-08-01

    There should have been it for the purpose of the severe handling opening meatus for done study after "The law concerning regulation relating to human cloning techniques and other similar techniques" paid its attention to medical utility of "specified embryo", and having forbidden transplantation to prenatal. There is a problem and asks a law and consistency with "The guidelines for handling of specified embryo" it and, despite the duration, does not get skill. If an ES cell, tissue stem cell and human clone embryo can cry in subject of study as the Trinity, it is not possible for those availability and evaluation of safety. Study of regenerative medicine does not consist last if does not use a cell having gamete, germ, an embryo and the specific character which said. We attention to utility of regenerative medicine and takes a national strategic part, correspondence supporting development of steady study is demanded. The result is reduced to its elements in the future by society.

  3. Legal regulating problems in the lease contractual relations

    Directory of Open Access Journals (Sweden)

    Sevada Sargsyan

    2015-10-01

    Full Text Available Within the frames of the article some questions closely related to the lease contractual relations are analyzed by the author. The author highlights the drawbacks and gaps within the legal regulation of leasing relations, represents the wayWithin the frames of the article some questions closely related to the lease contractual relations are analyzed by the author. The author highlights the drawbacks and gaps within the legal regulation of leasing relations, represents the ways of overcoming them through the discussing views and opinions substantiated scientifically and comparative analyses within the frames of studies made. s of overcoming them through the discussing views and opinions substantiated scientifically and comparative analyses within the frames of studies made.

  4. Gender relations and economic issues.

    Science.gov (United States)

    Elson, D

    1993-10-01

    While most discussions of economic issues pay no explicit attention to gender relations, most economic policy is marked by male bias which provides women with an unequal access to resources. This situation exists because most economists, officials, and business managers lack the imagination to see the gender impact of economic issues and most women's groups and researchers lack the language to portray this connection. This article explores some aspects of this gap and aims to provide women with the ability to effectively discuss economic issues. After an introduction, the article considers the basic problem caused by the fact that the economy is defined primarily in terms of money-making activities. This leads to a male bias since much of women's work occurs outside of the monetary sphere. The next section looks at how a failure to understand the significance of gender relations will interfere with the fulfillment of policy objectives. This discussion is followed by a description of how cutbacks in government expenditures increase the burden on women who must replace the services. Problems with the option of the private-sector replacing government services, such as the fact that increasing disposable income in households does not guarantee that unpaid labor will be reduced and the fact that the private sector may fail to expand in a productive way, are covered. The article then touches on the new emphasis placed by some economists and policy makers on cooperative and interactive solutions to these problems and ends by mentioning three new initiatives which seek to build capacity for gender-aware economic analysis: the development of a training program at Manchester University in the UK, coordination of an international research workshop by the University of Utah in the US, and development of an international association for feminist economics based in the US.

  5. Cosmic Radiation – A Legal and Medical Issue in Aviation

    Directory of Open Access Journals (Sweden)

    Nataša Tomić-Petrović

    2012-03-01

    Full Text Available Research into the effects of different effects of radiation on human health has only recently been brought to light while the events in Hiroshima and Nagasaki have revived the interest in the research into the effects of ionizing radiation on organisms. The man has to live with radiation regardless of the risk. Protection efficiency is related with proper understanding of dangers coming from radiation and radiological contamination and protection methods. Knowledge in radiation protection is an important tool in the battle for survival on our planet. Our public today still seems insufficiently informed when it comes to hazards brought about by natural sources of radiation. Based on the published results it seems that the cosmic radiation hazard to passengers in contemporary air transport is nonexistent. Nevertheless, for some air crew categories (frequent intercontinental flights it is possible that annual absorbed doses are quite close to the doses absorbed by workers handling radiation sources, even the possibility of exceeding the prescribed levels is not inconceivable.

  6. [The rules of ethics, legal aspects, and the issue of euthanasia].

    Science.gov (United States)

    Swiatkowska-Flis, Beata; Pierzchała, Krystyna; Flis, Cezary

    2009-01-01

    The issue of euthanasia is gaining greater momentum in Poland. It is a matter of fact that Poland is a country with an increasing aging population. As a result of this increased awareness, this topic is also becoming increasingly controversial. Does a doctor have the right to decide, on behalf of another person, if they should end their life? What limitations should doctors be bound by in terms of their legal and ethical obligations? The purpose of this study is to investigate the ethical and legal implications associated with euthanasia.

  7. Using treated municipal wastewater in a linerboard mill -- legal, political, and technical issues

    Energy Technology Data Exchange (ETDEWEB)

    Bowen, W. (Montville Water Pollution Control Authority, Montville, CT (United States)); Scogin, R. (Rand-Whitney Containerboard, L.P., Montville, CT (United States)); Cobery, J.E. (Bingham, Dana and Gould, Boston, MA (United States))

    1994-10-01

    When plans to expand production at an antiquated mill were jeopardized by an inadequate source of process water, the mill explored the possibility of producing first-quality linerboard using treated municipal wastewater. This paper outlines the legal, technical, and political issues encountered in developing a plan that would allow the mill to use effluent from a municipal wastewater treatment system. The technology is available to make reuse of municipal wastewater feasible, as evidence by the closed-loop delivery and discharge system describe in this report. Nevertheless, legal and political concerns make the implementation process arduous and time consuming.

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

    OpenAIRE

    Robert Musiałkiewicz

    2014-01-01

    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...

  9. 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,…

  10. 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,…

  11. 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.

  12. Ethical, legal and economic issues raised by the use of human tissue in postgenomic research.

    Science.gov (United States)

    Reymond, M A; Steinert, R; Escourrou, J; Fourtanier, G

    2002-01-01

    Ethical, legal and economic framework issues concerning human samples, genetic data and bioresources are rapidly evolving. In most cases, international standards have not been defined. National legislations on the use and exploitation of human sample collections differ widely. Legislations relating to intellectual property rights, access to database information for public or private bodies, of national or foreign origin, are similarly diverse. Importation and exportation rules, concerning in particular data protection, biosafety and protection of individual rights, have not always been defined. This article makes a short assessment of the legal, ethical and economic framework in selected EC countries (Germany, France and UK), and compares them with the conditions in the USA. On the basis of the information collected, it is obvious that the use of human cells, tissues and organs in medical research has to be considered as a global, worldwide question. Such use has profound ethical, cultural and economic consequences not only in the country of origin, but also globally. Biotechnology and pharmaceutical companies conducting research with human samples are facing different framework conditions in the area of data protection, policy measures, economic support, exportation, etc., that already influence trade activities and investments of such firms at the international level. Over the 3 last years, a trend towards harmonization can be recognized: the World Health Organization has recognized the problems of postgenomic medical research as a priority. The OECD has created a taskforce on centers for biological resources. Biobanks are a common theme of the French and the German National Ethic Councils. A lack of international harmonization and consistency might not only present a challenge to biotechnology and pharmaceutical companies, but can also endanger the goals the laws and regulations seek to achieve. Copyright 2002 S. Karger AG, Basel

  13. Civil Rights of Foreigners in Private Legal Relations

    Directory of Open Access Journals (Sweden)

    Dukagjin Leka

    2016-03-01

    Full Text Available The movement of people, goods, money, intellectual property and ideas, nowadays is a normal phenomenon and important characteristic of the contemporary world, and certainly would be characteristic for the future, even in a greater extent, when we consider the fact that globalization today is one of the phenomena that has swept across the globe. Knowing the fact that the intensification of legal relations with a foreign element as to the type and for the content imposes various problems of law, which greatly appears repeatedly and stretches in a new form and new dimension, so today in terms of development contemporary society in general, there are no legal areas where no foreign element appears. For this reason, taking into account the development and intensification of legal relations with a foreign element, especially in the late twentieth century, with the dissolution of a significant number of countries and the creation of new states there are new situations created, which seek diverse solutions that would answer the interests of legal entities, which should be in accordance with the principles of the international community and for this reason a study of this topic will be analyzed.

  14. Legal status of regions in the external economic relations

    OpenAIRE

    Sautieva T.

    2016-01-01

    The question of the legal status of the subject of the Russian Federation is a question of the relations between Federation and its subjects, and the question of differentiation of competence and powers concerns the relations between separate types of federal bodies and bodies of territorial subjects of the federation. The author considers questions of the external economic efficiency of the policy of differentiation of powers between regions. According to the author, the foreign policy began...

  15. Relational issues of law and economic integration in Africa : perspectives from constitutional, public and private international law.

    OpenAIRE

    Oppong, Richard F.

    2009-01-01

    This thesis examines how relational issues of law in economic integration are being approached in Africa. At its core, relational issues deal with the legal interactions among community, national, regional and international legal systems within the context of economic integration. The theory is that effective economic integration is the product of properly structuring and managing – within well-defined legal frameworks – vertical, horizontal and vertico-horizontal relations among states, lega...

  16. The ethical, legal, and social issues impacted by modern assisted reproductive technologies.

    Science.gov (United States)

    Brezina, Paul R; Zhao, Yulian

    2012-01-01

    Background. While assisted reproductive technology (ART), including in vitro fertilization has given hope to millions of couples suffering from infertility, it has also introduced countless ethical, legal, and social challenges. The objective of this paper is to identify the aspects of ART that are most relevant to present-day society and discuss the multiple ethical, legal, and social challenges inherent to this technology. Scope of Review. This paper evaluates some of the most visible and challenging topics in the field of ART and outlines the ethical, legal, and social challenges they introduce. Major Conclusions. ART has resulted in a tectonic shift in the way physicians and the general population perceive infertility and ethics. In the coming years, advancing technology is likely to exacerbate ethical, legal, and social concerns associated with ART. ART is directly challenging society to reevaluate the way in which human life, social justice and equality, and claims to genetic offspring are viewed. Furthermore, these issues will force legal systems to modify existing laws to accommodate the unique challenges created by ART. Society has a responsibility to ensure that the advances achieved through ART are implemented in a socially responsible manner.

  17. Ethical and legal issues raised by cord blood banking - the challenges of the new bioeconomy.

    Science.gov (United States)

    Stewart, Cameron L; Aparicio, Lorena C; Kerridge, Ian H

    2013-08-19

    • Cord blood banking raises ethical and legal issues which highlight the need for careful regulatory approaches to the emerging bioeconomy. • Consent processes for both private and public banking should be inclusive and representative of the different familial interests in the cord blood. • Property law is a potentially useful way of understanding the mechanisms for donation to both public and private banks. • Increasing tensions between public and private models of banking may require the adoption of hybrid forms of banking.

  18. 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.

  19. 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

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

    Directory of Open Access Journals (Sweden)

    Matulewska Aleksandra

    2016-06-01

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

  1. DNA banking and DNA databanking: Legal, ethical, and public policy issues. Progress report, [April 1, 1993--March 31, 1994

    Energy Technology Data Exchange (ETDEWEB)

    Reilly, P.R.; McEwen, J.E.; Small, D.

    1994-02-18

    The purpose of the grant was to provide support to enable us to: (1) perform legal and empirical research and critically analyze DNA banking and DNA databanking as those activities are conducted by state forensic laboratories, the military, academic researchers, and commercial enterprises; and (2) develop a broadcast quality educational videotape for viewing by the general public about DNA technology and the privacy and related issues that it raises. The grant thus has both a research and analysis component and a public education component. This report outlines the work completed since the inception of the project and describes the activities still in progress.

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

    DEFF Research Database (Denmark)

    Minssen, Timo; Schovsbo, Jens Hemmingsen

    2014-01-01

    out more specific legal problems that might occur throughout the various chronological stages of biobanking regarding consent obligations and intellectual property rights (IPR). After this we use an on-going interdisciplinary research project based at the University of Copenhagen (UCPH) to illustrate...... relating to intellectual property rights (IPRs)....... 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...

  3. Legal Issues in the Use of Student Test Scores and Value-Added Models (VAM) to Determine Educational Quality

    Science.gov (United States)

    Pullin, Diana

    2013-01-01

    A growing number of states and local schools across the country have adopted educator evaluation and accountability programs based on the use of student test scores and value-added models (VAM). A wide array of potential legal issues could arise from the implementation of these programs. This article uses legal analysis and social science evidence…

  4. Review of legal and institutional issues in the use of decentralized solar energy systems

    Energy Technology Data Exchange (ETDEWEB)

    Schweitzer, M.

    1980-04-01

    The legal and institutional issues involved in the use of decentralized solar energy systems are examined for the purpose of advising government planners and policymakers, the solar industry, solar researchers, and prospective solar users of present and potential impediments and incentives to solar commercialization. This information was gathered primarily through a comprehensive literature review, with supplementary data provided through interviews with representatives of organizations active in the solar field. Five major issue areas were identified in the course of this study: (1) prohibitions on the use of solar equipment, (2) regulation of the production and placement of solar systems, (3) access to sunlight, (4) financial incentives and impediments to the use of solar technologies, and (5) the public utility-solar user interface. Each can be important in its impacts on the incidence of solar usage. The major actors involved with the issues identified above represent both the private and public sectors. Important private sector participants include solar manufacturers and installers, labor unions, lending institutions, utility companies, solar users themselves, and other community property owners. In the public sector, local, state, and federal governments are all capable of acting in ways that can influence the solar commercialization effort. Implementation options are available for all levels of government seeking to take an active role in addressing the previously mentioned legal and institutional issues. The appropriate actions will vary from federal to state to local governments, but each level can be important in removing existing barriers and creating new incentives for solar use.

  5. Specifics of Formal and Legal Issues in Processes of Revitalizing Post-Industrial Buildings

    Directory of Open Access Journals (Sweden)

    Kochański Paweł

    2016-12-01

    Full Text Available The article deals with issues from the initial phase of the investment process connected with revitalizing postindustrial buildings: planning and programming investments in the functional and financial scope, as well as designing. The described formal and legal aspects are the result of a study of a few projects concerning the adaptation of buildings to serving a new function in Zielona Góra and Żaganie. The conclusions drawn from an individual view into each of the described problems are no different than when designing new buildings. It is not until we look into the whole preparation and design process, and gathering all experiences from the formal-legal sphere, that allows us to notice that, in the case of revitalizing postindustrial buildings and their adaptation to serve modern-day functions, a multifaceted but also specific approach is required.

  6. 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.

  7. Medico-legal issues in detecting and proving the sexual abuse of children.

    Science.gov (United States)

    Indest, G F

    1989-01-01

    This article reviews the problem currently faced by medical and investigative personnel in detecting and proving the sexual molestation of children. The legal consequences of poor medical records are discussed. Various medical and legal issues that may present pitfalls for the examining physician are identified. The admissibility of various portions of the medical examination and report as evidence in courts of law is reviewed as well as newly emerging forensic tests and techniques for collecting medical evidence. A comprehensive summary of steps to be followed in the physical examination of a child sex abuse victim, emphasizing the importance of a strict, thorough procedure for protecting the interests of the patient, the physician and society is provided.

  8. Specifics of Formal and Legal Issues in Processes of Revitalizing Post-Industrial Buildings

    Science.gov (United States)

    Kochański, Paweł

    2016-12-01

    The article deals with issues from the initial phase of the investment process connected with revitalizing postindustrial buildings: planning and programming investments in the functional and financial scope, as well as designing. The described formal and legal aspects are the result of a study of a few projects concerning the adaptation of buildings to serving a new function in Zielona Góra and Żaganie. The conclusions drawn from an individual view into each of the described problems are no different than when designing new buildings. It is not until we look into the whole preparation and design process, and gathering all experiences from the formal-legal sphere, that allows us to notice that, in the case of revitalizing postindustrial buildings and their adaptation to serve modern-day functions, a multifaceted but also specific approach is required.

  9. Care of critically ill newborns in India. Legal and ethical issues.

    Science.gov (United States)

    Subramanian, K N; Paul, V K

    1995-06-01

    The nature of neonatal care in India is changing. While the quality of care will most likely improve as the economy grows, the eventual scope of change remains to be seen. Attitudinal and behavioral changes, in addition to better economic conditions, are needed to realize more appropriate interventions in neonatal care. Economic, cultural, religious, social, political, and other considerations may limit or affect neonatal care, especially for ELBW infants or infants with congenital malformations or brain injury. Various protections for critically ill newborns exist under Indian law and the Constitution of India. New laws are being enacted to enhance the level of protection conferred, including laws which ban amniocentesis for sex determination and define brain death in connection with the use of human organs for therapeutic purposes. The applicability of consumer protection laws to medical care is also being addressed. It is noted, however, that India lacks a multidisciplinary bioethics committee. An effort should be made to discuss the legal and ethical issues regarding the care of critically ill newborns, with discussions considering religious, cultural, traditional, and family values. Legal and ethical guidelines should be developed by institutions, medical councils, and society specific to newborn care, and medical, nursing, and other paramedical schools should include these issues as part of the required coursework. Physicians, nurses, philosophers, and attorneys with expertise in law and ethics should develop and teach these courses. Such measures over the long term will ensure that future health care providers are exposed to these issues, ideally with a view toward enhancing patient care.

  10. Privately-owned forests and deforestation reduction. An overview of policy and legal issues

    Energy Technology Data Exchange (ETDEWEB)

    Benatti, J. Heder; Rodrigues, L. [Instituto de Pesquisa Ambiental da Amazonia IPAM, Belem, Para (Brazil)

    2005-07-01

    It is widely known that the main causes of deforestation in the Amazon region are related to various anthropogenic activities: various land uses (cattle ranching, grain cultivation, slash and burn agriculture, etc.), infrastructure plans (dams, roads and mining projects), and illegal titling and forestry degradation (unplanned logging and forest fires). In different historical time periods, each of these factors played an important role due to their specific economic relevance and environmental impacts, although this did not mean that other economic or speculative activities were halted. Thus, even today, all of these deforestation drivers are still taking place, and together, the degradation of natural resources in the Amazon continues unabated. Tropical deforestation in the Amazon alone is responsible for 2/3 of the Brazilian greenhouse gas emissions and it is estimated that 200 million tons of carbon, not including emissions from forest fires, are released annually into the atmosphere. Although land use activities, and associated carbon emissions in the Amazon and other tropical forests around the world continue to be a major problem, the so-called issue of 'avoided deforestation' or 'forest conservation' has not yet been recognized by Parties to the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol (KP) as creditable activities in the carbon market. In this context, some in the scientific community, as well as some countries, are convinced that part of the efforts to stabilize concentrations of greenhouse gases (GHGs) in the atmosphere must rely on the conservation of tropical forests, or deforestation control, which in the Amazon case has meant an increase in its deforestation rate of approximately 30% between 2001 and 2004. This paper presents an analysis on how to establish legal mechanisms in order to stimulate forest protection in private proprieties, and the emphasis is given to the concept of

  11. 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

    2017-09-08

    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.

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

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2013-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2012-12-01

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

  14. [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.

  15. Robustness-related issues in speaker recognition

    CERN Document Server

    Zheng, Thomas Fang

    2017-01-01

    This book presents an overview of speaker recognition technologies with an emphasis on dealing with robustness issues. Firstly, the book gives an overview of speaker recognition, such as the basic system framework, categories under different criteria, performance evaluation and its development history. Secondly, with regard to robustness issues, the book presents three categories, including environment-related issues, speaker-related issues and application-oriented issues. For each category, the book describes the current hot topics, existing technologies, and potential research focuses in the future. The book is a useful reference book and self-learning guide for early researchers working in the field of robust speech recognition.

  16. Factual and legal causation - their relation to negligence in nursing.

    Science.gov (United States)

    Turton, Gemma

    Several elements must be shown to be fulfilled for a court to hold that negligence has occurred, and a person is liable. One of these elements is 'causation', the idea that there must be a causal link between the claimant's loss and the negligent behaviour of the defendant. This article considers the application of the tests of factual and legal causation to cases of medical negligence. It is argued that in light of the recent development of a number of exceptional approaches to factual causation, each relating to a particular causal problem, the causal process must be identified in any given case so that the correct test for factual causation can be applied. This is illustrated by reference to MRSA claims. It is further argued that where the negligence consists of misdiagnosis or mistreatment of existing illness the causal problem is unique to medical negligence and demands a unique approach to causation. The 'scope of duty' test for legal causation is illustrated in a medical context and it is argued that where the negligence consists of a failure to warn the patient of the risks involved in treatment, although the harm is clearly within the scope of the doctor's duty, it is wrong to establish liability in the absence of factual causation.

  17. 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.

  18. Deployment-related Respiratory Issues.

    Science.gov (United States)

    Morris, Michael J; Rawlins, Frederic A; Forbes, Damon A; Skabelund, Andrew J; Lucero, Pedro F

    2016-01-01

    Military deployment to Southwest Asia since 2003 in support of Operations Enduring Freedom/Iraqi Freedom/New Dawn has presented unique challenges from a pulmonary perspective. Various airborne hazards in the deployed environment include suspended geologic dusts, burn pit smoke, vehicle exhaust emissions, industrial air pollution, and isolated exposure incidents. These exposures may give rise to both acute respiratory symptoms and in some instances development of chronic lung disease. While increased respiratory symptoms during deployment are well documented, there is limited data on whether inhalation of airborne particulate matter is causally related to an increase in either common or unique pulmonary diseases. While disease processes such as acute eosinophilic pneumonia and exacerbation of preexisting asthma have been adequately documented, there is significant controversy surrounding the potential effects of deployment exposures and development of rare pulmonary disorders such as constrictive bronchiolitis. The role of smoking and related disorders has yet to be defined. This article presents the current evidence for deployment-related respiratory symptoms and ongoing Department of Defense studies. Further, it also provides general recommendations for evaluating pulmonary health in the deployed military population.

  19. National legal system in relation to vulnerable population groups

    Directory of Open Access Journals (Sweden)

    Sjeničić Marta

    2015-01-01

    contributed to the already existing over-norming of Serbian legislature. The legal basis for regulating this issue already existed in the umbrella health laws and should have been realized through by-law regulations.

  20. 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.

  1. Ethical and legal issues on HIV testing, policy and the practice of dentistry.

    Science.gov (United States)

    Naidoo, Sudeshni; Vernillo, Anthony

    2012-12-01

    This paper is structured around the following: autonomy and consent, confidentiality, disclosure, knowledge of patient and provider HIV status, the right to choose whom to treat, testing for HIV and the importance of HIV policies in the workplace to guard against discrimination. The emergence of the HIV/AIDS pandemic has challenged traditional ethical values of the health care profession. These include the infectious nature of HIV, the social stigma of the disease and its ethical and legal dilemmas. This paper addresses some of the pertinent questions related to HIV infection and AIDS. The three broad principles of ethics, namely, autonomy, beneficence and justice, provide the basic framework on which this paper is based. Advances in the biotechnology of rapid oral fluid testing particularly in the detection of HIV antibodies from patients in the dental setting have raised additional ethical and legal considerations in the subsequent management of HIV infected patients to include disclosure of test results to the patient and proper referral to physicians or nurse practitioners. The oral health care worker must thus have a solid foundation in the application of bioethical principles. A clinical case scenario related to HIV testing in the dental setting is presented to illustrate how a lack of understanding and the wrongful application of ethical principles may lead to patient harm and legal liability. Given the increasing infection rate of HIV worldwide, polices must be upheld and revised as needed to protect healthcare providers, patients, and society generally against discrimination.

  2. Position of the academy of nutrition and dietetics: ethical and legal issues in feeding and hydration.

    Science.gov (United States)

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

    2013-06-01

    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 (RDs) should work collaboratively as part of the 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. RDs have an active role in determining the nutrition and hydration requirements for individuals throughout the life span. When individuals choose to forgo any type of nutrition and hydration (natural or artificial), or when individuals lack decision-making capacity and others must decide whether or not to provide artificial nutrition and hydration, RDs have a professional role in the ethical deliberation around those decisions. Across the life span, there are multiple instances when nutrition and hydration issues create ethical dilemmas. There is strong clinical, ethical, and legal support both for and against the administration of food and water when issues arise regarding what is or is not wanted by the individual and what is or is not warranted by empirical clinical evidence. When a conflict arises, the decision requires ethical deliberation. RDs' understanding of nutrition and hydration within the context of nutritional requirements and cultural, social, psychological, and spiritual needs provide an essential basis for ethical deliberation. RDs, as health care team members, have the responsibility to promote use of advanced directives. RDs promote the rights of the individual and help the health care team implement appropriate therapy. This paper supports the "Practice Paper of the Academy of Nutrition and Dietetics: Ethical and Legal Issues of Feeding and Hydration" published on the Academy website at: www.eatright.org/positions. Copyright © 2013 Academy of Nutrition and Dietetics. Published by Elsevier Inc. All rights reserved.

  3. 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

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

    OpenAIRE

    Norhashimah Mohd Yasin

    2013-01-01

    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 purp...

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

    OpenAIRE

    Norhashimah Mohd Yasin

    2013-01-01

    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 purp...

  6. 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.

  7. Reporting of gunshot wounds by doctors in emergency departments: a duty or a right? Some legal and ethical issues surrounding breaking patient confidentiality.

    Science.gov (United States)

    Frampton, A

    2005-02-01

    Recent guidelines have been produced advising doctors working in emergency departments that they should report all gunshot injuries to the police (albeit with consent in all but very limited circumstances). This article will discuss some of the legal and ethical issues that surround breaking patient confidentiality in relation to gunshot wounds and other potentially dangerous patients; and looks at some cases from the UK and the USA where such issues have been ruled on. Finally, the issue of whether physicians do, or should, have a duty to warn when they feel that their patient may be dangerous will be discussed.

  8. 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.

  9. 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.

  10. Spheres of influence: Ethical, legal, and social issues of the Human Genome Project: What to do with what we know

    Energy Technology Data Exchange (ETDEWEB)

    Pellerin, C. (Alexandria, VA (United States))

    1994-01-01

    Since fiscal year 1991, the U.S. Human Genome Project has spent $170.6 million in federal funds to help isolate genes associated with Huntington's disease, amyotrophic lateral sclerosis, neurofibromatosis types 1 and 2, myotonic dystrophy, and fragile X syndrome and to localize genes that predispose people to breast cancer, colon cancer, hypertension, diabetes, and Alzheimer's disease. Now come the hard part. Biology's 21st century megaproject starts to look relatively manageable compared to another challenge facing the enterprise: sorting out ethical, legal, and social issues associated with using this information. [open quotes]The Human Genome Project,[close quotes] wrote Senior Editor Barbara Jasny in the October 1 Science editorial, stretches [open quotes]the limits of the technology and the limits of our ability to ethically and rationally apply genetic information to our lives.[close quotes

  11. 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

    2017-02-23

    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.

  12. Fabric quality issues related to apparel merchandising

    CSIR Research Space (South Africa)

    Das, Sonali

    2015-02-01

    Full Text Available The objectives of this study are to develop an understanding of fabric quality related issues and research gaps relevant to apparel manufacturing and merchandising within the South African context. The specific focus is on fabric objective...

  13. MEDIATION ON INDUSTRIAL RELATION DISPUTE AND ITS RELATION WITH RELATIVE AUTHORITY IN THE LEGAL PROCEEDINGS PROCESS

    Directory of Open Access Journals (Sweden)

    Iron Sarira

    2016-09-01

    Full Text Available Industrial Relations or Employment in the Indonesia legal system is based on Law No 13 of 2003 on Employment, and the Law No 2 of 2004 concerning Industrial Relations Dispute Settlement. The industrial relations are expected to be harmonious and give positive mutual engagement in the effort to support the development of Indonesian society and to improve the welfare of the Indonesian people, especially the workers or the labors. The desired goal is still far from the expectations if seeing the practice of industrial relations. The aim of the research was to get a better understanding of the practice and theory following the laws which regulated the procedures of employment as well as technical aspects. The research method applied was library research. There was some positive law approaches related to this research, which consisted of several rules as the normative law, such as Law No 2 of 2004, Act Number 30 of 1999, and PERMA No 1 of 2008. The research finds that the dispute of industrial relations as mentioned in Article 4 PERMA No 1 of 2008, Article 8 of Law No 2 of 2004, and Article 136 paragraph (2 of Act 13 of 2003. It explains and requires the mediation process before going into the courts of first instance (in this case is the Industrial Relations Court. The mediation process is led by a mediator who has the authority to conduct industrial relations dispute resolution processes in their jurisdiction. Industrial relations mediator does not have the authority to process the industrial relations dispute if the case territory is not located within its jurisdiction. As for, the relative authority of this provide an understanding that mediator aims to resolve disputes in industrial relations must apply the principle of locus delictus as a manifestation of its authority under the jurisdiction of the law.

  14. 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

  15. 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.

  16. 股权众筹运作模式下的相关法律问题的研究--由股权众筹“第一案”引发的思考%Research on the Related Legal Issues of the Equity-based Crowdfunding---Thinking from the the“ First Case”of Equity-based Crowdfunding

    Institute of Scientific and Technical Information of China (English)

    董晋露; 李喜

    2016-01-01

    Equity-based crowdfunding as a new model with the help of the Internet platform for financing, represents the new direction of financial development in the Internet era. But, the current mode of operation can not protect the legitimate rights and interests of the public to raise the main body. The rights and obligations of investors, the platform and the project sponsors are not clearly defined in law, and may easily lead to related civil disputes. We have to take the “ first case” of equity-based crowdfundingthe as an example, study the current legal issues related to the mode of equity-based crowdfunding.%股权众筹作为借助互联网平台进行融资的新模式,代表了互联网时代金融发展的新方向。但是目前的运作模式却无法保障股权众筹主体的合法权益。投资者、众筹平台和项目发起人之间的权利义务尚未在法律上进行清晰的界定,容易引发相关的民事纠纷。文章以股权众筹“第一案”为例,深入探讨目前股权众筹运作模式下的相关法律问题。

  17. On the issue of organizational-legal form of collective gardening and summer cottages construction

    Directory of Open Access Journals (Sweden)

    Natalya P. Voronin

    2016-03-01

    Full Text Available Objective to determine the organizationallegal form of associations of gardeners and summer cottagesrsquo owners . Methods comparative legal historicallegal formallogical methods allowing to trace the evolution of legislative regulation of conducting of gardening truck farming and implementation of the country construction to determine the peculiarities of the legal status of their existing legal forms to formulate proposals on improvement of legal regulation of collective gardening and summer cottagesrsquo construction. Results the analysis of the historical and legal formation and development of horticulture vegetable gardening and cottage construction and the legal regime of lands of these types of permitted use the conclusions are made about various socioeconomic nature of associations of gardeners vegetable gardeners and summer residents about the need for the use of the term quotsummer cottagesrsquo constructionquot in determining the type of permitted use of suburban land on a differentiated legal regulation of creation and activity of gardenersrsquo and farmersrsquo cooperative associations and summer cottagesrsquo owners associations as associations of property owners. Scientific novelty through the prism of historicallegal analysis of legal regulation of horticulture vegetable gardening and cottage construction it is concluded that it is necessary to differentiate between legal regulation of gardening and the benefits of the cooperative organizational form for collective gardening and truck farming and on the legal possibility of using legal forms of associations of real estate proprietors for the collective summer cottages construction. Practical relevance the obtained results can be used in the legislative process. nbsp

  18. 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.

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

    Directory of Open Access Journals (Sweden)

    J. Javier Soldevilla Agreda

    2006-12-01

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

  20. Security Issues related with cloud computing

    Directory of Open Access Journals (Sweden)

    Manju,

    2014-04-01

    Full Text Available The term CLOUD means Common Location Independent Online Utility on Demand. It‟s an emerging technology in IT industries. Cloud technologies are improving day by day and now it become a need for all small and large scale industries. Companies like Google, Amazon, Microsoft etc. is providing virtualized environment for user by which it omits the need for physical storage and others. But as the advantage of cloud computing is increasing day by day the issues are also threatening the IT industries. These issues related with the security of the data. The basic idea of this review paper is to elaborate the security issues related with cloud computing and what methods are implemented to improve these security. Certain algorithms like RSA, DES, and Ceaser Cipher etc. implemented to improve the security issues. In this paper we have implemented Identity based mRSA algorithm in this paper for improving security of data.

  1. Coordination Mechanism of the Legal Protection of Resource Security with Its Relative Laws

    Institute of Scientific and Technical Information of China (English)

    Chen Demin; Wang Huabing

    2008-01-01

    The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordination mechanism of the legal protection of resource security with its relative laws meets the needs of the sustainable development of the economy, society and environment. It also facilitates and is facilitated by the modern transformation of the legal system in China, and upholds the legal system as a logically self-perfecting entity. Furthermore, this coordination bears scientific feasibility.

  2. Security as a legal obligation. About EU legislation related to security and Sarbanes Oxley in the European Union.

    Directory of Open Access Journals (Sweden)

    Edwin JACOBS

    2005-06-01

    Full Text Available Since the Sarbanes-Oxley Act there is a worldwide focus on security issues in general. This new focus seems to emphasise that security is a new kind of legal obligation. However, security is already a legal obligation for all EU companies since the early nineties. On top of that, in electronic banking there is a whole range of legal obligations in some way related to security, that were already (and remain applicable, notwithstanding a possible application of the Sarbanes-Oxley Act on some EU companies. The criterion of what can be 'reasonably expected' as 'bonus pater familias' from service providers, but equally also from their customers, becomes increasingly important.

  3. Ethical and medicolegal issues related to percutaneous endoscopic gastrostomy placement.

    Science.gov (United States)

    Ritchie, Christine S; Wilcox, C Mel; Kvale, Elizabeth

    2007-10-01

    Enteral nutrition, in many respects more than other medical interventions, has been in the limelight concerning the ethics of withdrawing or withholding nutritional support. This article describes the ethical and legal issues surrounding enteral nutrition, identifies the elements of informed consent for enteral nutrition, provides an overview of the endoscopic gastrostomy procedure, and offers recommendations for addressing ethicolegal issues in enteral nutrition.

  4. Hereditary position of relatives in direct ascending and collateral line, spouses and cohabitation partner: Comparative legal analysis

    Directory of Open Access Journals (Sweden)

    Vidić-Trninić Jelena

    2013-01-01

    Full Text Available This paper analyses hereditary position of ascendants and collateral relatives on one hand and a surviving spouse and cohabitation partner on the other hand, as intestate successors in the modern laws of Europe, particularly those belonging to the European civil law system, which also includes the Serbian legal system. The subject of the research is observed through the prism of comparative method which is necessary in order to obtain a comprehensive insight into the scope of application and the manner of usage of kinship in direct ascending and collateral line and marriage, that is, cohabitation, as material facts in formulating the rules of inheritance. This method further allows to recognize certain differences and, more importantly, similarities and common solutions and general legal principles that these laws are governed by in their legislative and theoretical approach regarding this issue. In this way we aim to answer the question to what extent the relationship between the kinship in the direct ascending and collateral line and marriage, in Serbian law, is synchronized with legal standards adopted in legal systems of the most other European countries; and whether there is a need in the local law, in particular in terms of adoption of the Civil Code of Serbia, for certain inheritance law reforms relating to regulation of this issue.

  5. CURRENT CRIMINAL-LEGAL ISSUES OF QUALIFICATION OF A CHILD SUBSTITUTION

    Directory of Open Access Journals (Sweden)

    Shishchenko E. A.

    2016-04-01

    Full Text Available Relevance of the chosen topic is caused by existence of disputable issues in qualification of the crime established in article 153 of the Criminal code of Russian Federation. Objective and subjective elements of corpus delicti of substitution of a child are analyzed in the article. The special attention is paid to the object of the crime, and also consideration of the concept «victim». In this article «mercenary and low motives» as a constructive feature of the subjective element of substitution of a child are considered, the most significant gaps in norms of the criminal legislation are analyzed and ways of their elimination are offered. Having investigated normative legal acts, court practice, foreign legislation and the existing theoretical developments, authors give their interpretation of article 153 of the Criminal code of Russian Federation. The authors express opinion about strengthening of the punishment for this crime. We consider important inclusion in corpus delicti of this crime such aggravating features as the act: «against two or more persons», «a group of persons by previous agreement or organized group», «a person using his official position», «a person who has a previous conviction for crime against a family and minors»

  6. 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; Melançon, 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 applying a critical literacy approach that allows people develop cognitive skills such that they are able to "read the world" (Wink, 2004). The approach is one that permits readers to go beyond the literal text to examine what is present as well as what is missing as it relates to issues of equity and fairness. Becoming critically literate enabled these teacher-participants to challenge the subtle attitudes, values, and beliefs conveyed by a range of written and oral texts. The teacher-participants in this course improved their critical literacy skills by actively reading, critically writing about, and using evidence to support their conclusions about issues arising from advances in human genetics. A biologist, a linguist, and an educator collaboratively designed and taught the course. The personalized focus on the integration of thoughtful reading and writing in this class enhanced the teacher-participants' (n = 16) professional and intellectual development and will potentially improve learning in their biology and English classrooms in the future.

  7. [Ethical issues of personal genome: a legal perspective--ethical and legal ramifications of personal genome research].

    Science.gov (United States)

    Maruyama, Eiji

    2009-06-01

    Whole-genome research projects, especially those involving whole-genome sequencing, tend to raise intractable ethical and legal challenges. In this kind of research, genetic and genomic data obtained by typing or sequencing are usually put in open or limited access scientific databases on the Internet to promote studies by many researchers. Once data become available on the Internet, it will be virtually meaningless to withdraw the information, effectively nullifying participants' right to revoke consent. Although the author favors the governance system that will assure research subjects of the right to withdraw their participation, considering these characteristics of whole-genome research, he finds those recommendations offered in Caulfield T, et al: Research ethics recommendations for whole-genome research: Consensus statement. PLoS Biol 6(3): e73(2008), especially to the effect that the consent process should include information about data security and the governance structure and, in particular, the mechanism for considering future research protocols, well reasoned and acceptable.

  8. Teachers' Attitudes Toward Death-Related Issues

    Science.gov (United States)

    Perkes, A. Cordell

    1978-01-01

    Reports a study to assess teachers attitudes toward death-related issues. A questionnaire was given to 61 teachers in a graduate education course. It was found that the teachers tended to favor liberal abortion laws (67 percent), euthanasia (83 percent), and the majority (65 percent) believed in life after death. (SLH)

  9. Addressing Issues Related to Technology and Engineering

    Science.gov (United States)

    Technology Teacher, 2008

    2008-01-01

    This article presents an interview with Michael Hacker and David Burghardt, codirectors of Hoftra University's Center for Technological Literacy. Hacker and Burghardt address issues related to technology and engineering. They argue that teachers need to be aware of the problems kids are facing, and how to present these problems in an engaging…

  10. Teachers' Attitudes Toward Death-Related Issues

    Science.gov (United States)

    Perkes, A. Cordell

    1978-01-01

    Reports a study to assess teachers attitudes toward death-related issues. A questionnaire was given to 61 teachers in a graduate education course. It was found that the teachers tended to favor liberal abortion laws (67 percent), euthanasia (83 percent), and the majority (65 percent) believed in life after death. (SLH)

  11. 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…

  12. Issues Bearing on the Legal Regulation of Violent and Sexually Violent Media.

    Science.gov (United States)

    Linz, Daniel; And Others

    1986-01-01

    Examines legal responses to the problem of media violence. Focuses on: (1) tension between evidence collected by social scientists and traditional First Amendment protections; and (2) legal actions against sexually violent materials to which social science research may be relevant. Suggests ways in which research may be most useful in establishing…

  13. 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

  14. Legal Issues Regarding Digital Forensic Examiners Third Party Consent to Search

    Directory of Open Access Journals (Sweden)

    Thomas Lonardo

    2011-12-01

    Full Text Available This paper focuses on Federal law as it relates to consent to search relating to Fourth Amendment privacy in the practice of Digital Forensics. In particular, Digital Examiners should be aware of how decisions in Federal Court may impact their ability to acquire evidence in both civil and criminal settings. Digital Forensics, being a relatively new field, is particularly subject to change as cases and appeals are decided. This paper provides an overview of relevant case law relating to issues in Digital Forensics. More importantly, our research provides Digital Forensic Examiners (DFE, as defined by Lonardo, White, and Rea (Lonardo, 2008, 2009, with scenarios that illustrate the various nuances when dealing with the consent to search. From issues of common authority, conflicting consent, apparent authority, and voluntary consent, our research explores court findings and applies them to practical advice and policy formation for DFEs.

  15. 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.

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

    African Journals Online (AJOL)

    Open Access DOWNLOAD FULL TEXT ... Unfortunately, there are legal constraints that can hinder the smooth operation of the act. ... by enhancing adequate transparency and accountability, guaranting both efficiency and effectiveness.

  17. U.S.-China Relations: Policy Issues

    Science.gov (United States)

    2010-03-12

    Two Chinese-born Americans, Xue Feng , a geologist, and Hu Zhicheng, an automotive engineer, remain under detention in China while facing criminal...raised the issue of Xue Feng to China’s leaders.15 U.S.-PRC Dialogues The Strategic and Economic Dialogue (S&ED) On April 1, 2009, on the sidelines of...former President Chen Shui -bian’s eight-year record of governance. President Ma moved quickly to implement improvements in cross-strait relations

  18. Legal issues when a doctor's relationship with a "difficult" patient breaks down.

    Science.gov (United States)

    Skene, Loane L C

    2014-09-15

    The legal duties of a doctor attending a "difficult" patient with a serious condition do not end at the last consultation, especially in a small rural community. Doctors have a continuing obligation to ensure that the patient's health is not impaired because the clinical relationship has ended. This article suggests some steps that a doctor could take to fulfil the legal obligation in such a case.

  19. 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)

  20. Legal issues of correlation between state and public control in the sphere of higher education

    Directory of Open Access Journals (Sweden)

    Andrey Yuryevich Aleksandrov

    2015-06-01

    Full Text Available Objective to determine the ratio of different types of state and public control in the sphere of higher education and to propose an optimal model of their interaction. Methods systemicstructural approach to the analysis of the research object comparativelegal and logical methods. Results basing on the regulatory framework analysis licensing procedures state and public accreditation of basic educational programs in the field of higher education critical consideration of the main directions of state policy in the sphere of education the authors summarize the educational reform make proposals on improving the legal tools in the sphere of higher education control and supervision in the Russian Federation. Scientific novelty for the first time the different parameters of the state and public control in the sphere of higher education were comprehensively examined in the context of compliance with the principles of state management. Practical value basing on the study of the theoretical foundations and practical examples the authors make proposals to improve the existing legislation regulating relations in the sphere of state and public control of higher education. nbsp

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

    DEFF Research Database (Denmark)

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

    2012-01-01

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

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

    Science.gov (United States)

    Shahidullah, Jeffrey D.

    2014-01-01

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

  3. 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

  4. Legal issues in neonatal nursing: considerations for staff nurses and advanced practice nurses.

    Science.gov (United States)

    Enzman Hagedorn, M I; Gardner, S L

    1999-01-01

    A neonatal nurse is a professional with special training, skill, and knowledge in the care of newborns and their families. The neonatal nurse is accountable to the patient, profession, and employer. Failure of the neonatal nurse to meet these obligations can result in liability in the profession, liability in the employment, a civil suit, or a criminal conviction. Regardless of the health care setting, professional nurses, whether at the bedside or in advanced practice, are morally, ethically, and legally accountable for their nursing judgments and actions. Although most nurses assume they will never be named in a lawsuit, and it is true that few are, their professional actions can be the focus of a suit. An overview of the legal implications found within neonatal nursing practice is presented. Two recent legal cases are presented and discussed to illustrate neonatal nursing and advanced practice liability.

  5. Sustainability reporting in the light of corporate social responsibility development: economic and legal issues

    Directory of Open Access Journals (Sweden)

    Victor Sukhonos

    2017-05-01

    Full Text Available Independent audit assurance of sustainability reporting is the basis for increasing the credibility of the stakeholders, its transparency and reliability; it is a means of implementing legal liability of the company and the evidence of achievement of its legitimacy to the public. The bases for providing such assurance are the standards of implementation of audit tasks in the sphere of sustainable development. Comparative analysis of international practice as for assurance regarding the SR with local realities, based on the reporting database of Ukrainian GRI companies for the 2005-2014 years, witnessed the initial phase of such practices among Ukrainian companies, and the need to strengthen regulatory efforts to determine the legal status of SR auditing standards in Ukraine, ensuring a legal environment and the development of corporate social responsibility initiatives.

  6. 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

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

    DEFF Research Database (Denmark)

    Minssen, Timo; Schovsbo, Jens Hemmingsen

    2014-01-01

    This perspective article, which has is cuyrrently undergoing peer review by the medical journal “Personalized Medicine”, deals with the legal aspects of biobanking and points towards the concerns, interest, and choices that should be considered when establishing and operating a biobank. It focuses...... 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...

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

    Directory of Open Access Journals (Sweden)

    Kushwah, Shivpal Singh

    2016-09-01

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

  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. 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.

  11. College Student Records: Legal Issues, Privacy, and Security Concerns. ERIC Digest.

    Science.gov (United States)

    Holub, Tamara

    This digest briefly reviews the provisions of the Family Educational Rights and Privacy Act (FERPA) of 1974 (the Buckley Amendment), which sets out legal guidelines regarding the privacy of student records and the provisions of the U.S. Patriot Act, along with the measures some colleges are implementing to comply with these laws and improve the…

  12. Ethical and Legal Issues Regarding Selective Abortion of Fetuses with Down Syndrome.

    Science.gov (United States)

    Glover, Noreen M.; Glover, Samuel J.

    1996-01-01

    Selective abortion of fetuses with Down syndrome is discussed in terms of abortion perspectives, genetic testing, legislation, and ethical principles. The ethical principles of autonomy, beneficence, nonmaleficence, fidelity, and justice are offered as guidelines for the examination of legal standards imposed by legislation. (Author/PB)

  13. Legal and Policy Issues Regarding Niche Charter Schools: Race, Religion, Culture, and the Law

    Science.gov (United States)

    Eckes, Suzanne E.; Fox, Robert A.; Buchanan, Nina K.

    2011-01-01

    A growing number of ethnocentric or culturally oriented niche charter schools have opened around the country. These ethnic or culture-oriented models raise legal and policy concerns about church/state entanglement as well as concerns about diversity. Indeed, there has already been litigation focused on racial and ethnic aspects of charter schools…

  14. 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…

  15. Issues from the South African Reserve Bank's legal action against its ...

    African Journals Online (AJOL)

    kirstam

    2010 and legal action instituted by the SA Reserve Bank against certain ... 1The available literature in English,3 on central banks with private shareholders ..... exercise undue control over the central bank by means of voting at the OGM. ..... influence by means of voting at the OGM of the central bank, which is aligned to its.

  16. 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.

  17. 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…

  18. SOME LEGAL ISSUES ABOUT SOLE EXECUTIVE BODY OF THE LEGAL ENTITY IN THE CONTEXT OF THE REFORM OF THE CIVIL LAW

    Directory of Open Access Journals (Sweden)

    Rudenko E. Y.

    2014-09-01

    Full Text Available In this article the author analyzes the changes in the Civil Code of the Russian Federation concerning the legal status of the sole executive body of the legal entity and the ability of several sole executive bodies to operate in the legal entity, which allows noting its value for law enforcement practices and the improvement of civil legislation

  19. CONSIDERATIONS REGARDING THE INFLUENCE OF LEGAL COMMUNICATION FROM THE PERSPECTIVE OF NATURAL LAW

    OpenAIRE

    Claudiu Ramon D. BUTCULESCU

    2016-01-01

    This article addresses the issue of legal communication within natural law. Law has an important role, in relation to civilization and legal culture and one of the means through which law influences both culture and civilization is legal communication. The patterns of legal communication should be analyzed from the perspective of all important schools of legal thought: natural law, legal positivism, historical school of law etc. In this paper, the perception of law, through legal communicatio...

  20. 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....

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

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

    In the period since the end of the Cold War, the different layers of law in the international arena have become more interlinked and interwoven. This shift might suggest a development towards a legal “melting pot” involving an increased cross-application of judicial norms stemming from different.......” Hence, for instance, the Court of Justice of the EU has taken an active role in ensuring the effet utile of European law. This article discusses possible theoretical perspectives on the interactions between various legal orders in the international arena. The opposition between the dualist and monist...... not in fact lie exactly at the level of differentiating the relations between legal orders within or beyond the state. One could use both the monist and dualist theories to explain the hierarchy of transnational legal orders while applying constitutionalism and pluralism on the purely national level...

  2. Research on Higher Education State-owned Assets Legal Issues%高校国有资产的法律问题浅析

    Institute of Scientific and Technical Information of China (English)

    何天宇

    2012-01-01

    高校国有资产是我国国有资产的重要组成部分,也是高校赖以生存和发展的物质基础.本文从高校国有资产的定义、分类、产权主体及法律关系出发,引出目前高校国有资产管理中存在的法律问题,并做相应的对策研究,以期提高法律意识,建立健全法律体系和管理体制.%As one of the important part of the state- owned assets in the whole country , the higher educational institution state-owned assets are the material bases for the public universities. This definition of state-owned assets, classification, property rights and legal relations proceeding, leads to the current state-owned assets management in the university's legal issues, and do the appropriate countermeasures, in order to raise awareness of the law, and establish a sound legal system and management system.

  3. 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.”

  4. Portfolios, the Pied Piper of Teacher Certification Assessments: Legal and Psychometric Issues

    Directory of Open Access Journals (Sweden)

    Judy R. Wilkerson

    2003-12-01

    Full Text Available Since about 90% of schools, colleges, and departments of education are currently using portfolios of one form or another as decision-making tools for standards-based decisions regarding certification or licensure (as well as NCATE accreditation, it is appropriate to explore the legal and psychometric aspects of this assessment device. The authors demonstrate that portfolios being used in a high-stakes context are technically testing devices and therefore need to meet psychometric standards of validity, reliability, fairness, and absence of bias. These standards, along with federal law, form the cornerstone for legal challenges to high-stakes decisions when students are denied a diploma or license based on the results of the assessment. The conclusion includes a list of requirements and caveats for using portfolios for graduation and certification decisions in a standards-based environment that help institutions reduce exposure to potential litigation.

  5. 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.

  6. Portfolios, the Pied Piper of Teacher Certification Assessments: Legal and Psychometric Issues

    OpenAIRE

    Judy R. Wilkerson; William Steve Lang

    2003-01-01

    Since about 90% of schools, colleges, and departments of education are currently using portfolios of one form or another as decision-making tools for standards-based decisions regarding certification or licensure (as well as NCATE accreditation), it is appropriate to explore the legal and psychometric aspects of this assessment device. The authors demonstrate that portfolios being used in a high-stakes context are technically testing devices and therefore need to meet psychometric standards o...

  7. 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

  8. 学分银行问题的法律视角探析%Legal Perspective of Credit Bank Issues

    Institute of Scientific and Technical Information of China (English)

    焦娇

    2015-01-01

    In building of lifelong learning“over-pass” work, the“credit bank” is considered to be a powerful measure. So our country launches active exploration of the construction of Lifelong Learning System.However, for credit bank's management and the credits accumulation, identity as well as conversion etc. we still need further discussion. Especially, the classification of credit banks and credit should be further clarified. The author analyzes the characteristics of“special property” for“the credit”. This essay attempts to explore related issues in a legal perspective, provides a different kind of consideration and theoretical exploration to construct credit bank of China.%在搭建我国终身学习“立交桥”的工作中,学分银行被认为是一项有力的措施,是对我国终身学习体系构建的积极探索。然而对于学分银行的管理、学分的积累、认定和转换等问题还需要进一步深入探讨,特别是对于学分银行及学分的定性问题还有待进一步厘清。文章通过货币存入商业银行,其所有者便依法拥有所有权等类比研究,分析了“学分”这一“特殊财产”的性质、学分与积累的关系和转让等问题,试图能够建立起法律视角中的学分银行,为我国学分银行建设提供依法管理的思考与理论探索。

  9. An overview of chemical straightening of human hair: technical aspects, potential risks to hair fibre and health and legal issues.

    Science.gov (United States)

    Miranda-Vilela, A L; Botelho, A J; Muehlmann, L A

    2014-02-01

    Personal image, as it relates to external beauty, has attracted much attention from the cosmetic industry, and capillary aesthetics is a leader in consumption in this area. There is a great diversity of products targeting both the treatment and beautification of hair. Among them, hair straighteners stand out with a high demand by costumers aiming at beauty, social acceptance and ease of daily hair maintenance. However, this kind of treatment affects the chemical structure of keratin and of the hair fibre, bringing up some safety concerns. Moreover, the development of hair is a dynamic and cyclic process, where the duration of growth cycles depends not only on where hair grows, but also on issues such as the individual's age, dietary habits and hormonal factors. Thus, although hair fibres are composed of dead epidermal cells, when they emerge from the scalp, there is a huge variation in natural wave and the response to hair cosmetics. Although it is possible to give the hair a cosmetically favourable appearance through the use of cosmetic products, for good results in any hair treatment, it is essential to understand the mechanisms of the process. Important information, such as the composition and structure of the hair fibres, and the composition of products and techniques available for hair straightening, must be taken into account so that the straightening process can be designed appropriately, avoiding undesirable side effects for hair fibre and for health. This review aims to address the morphology, chemical composition and molecular structure of hair fibres, as well as the products and techniques used for chemical hair relaxing, their potential risk to hair fibre and to health and the legal aspects of their use. © 2013 Society of Cosmetic Scientists and the Société Française de Cosmétologie.

  10. Legal issues on subsidies of endangered animal breeds in Albania and their need for improvement in light of international and EU legislations

    Directory of Open Access Journals (Sweden)

    Andon Kume

    2013-02-01

    Full Text Available The Albanian legislation treats partially and as separate matters issues related to subsidies for endangered animal breeds. In order to approximate this legislation with the international and EU member states one, these issues are to be treated and developed as integral part of agriculture and sustainable rural development legislation. This legislation should clarify specifically the concept of animal breed that may be subject to subsidise. A legal framework should be developed in order to create and update the “Red Book” for endangered animal breeds. The legislation should define the criteria and the methodological principles, according to which the subsidy measures for animal breeds at risk are to be assessed. The subsidy should aim to reduce financial losses caused by raising these breeds.

  11. 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.

  12. From competition to complementarity. Legal issues and their clinical implications in custody.

    Science.gov (United States)

    Shear, L E

    1998-04-01

    In the 1970s, the "best interests of the child" doctrine focused custody litigation away from parental competition and toward meeting each child's needs. Yet, artifacts of the parental preference doctrine remain entrenched in custody law and practice. The evolving "best interests" paradigm requires redefining "custody" as development, implementation, and adaptation of individualized plans that provide a structure for complementary parenting. This article explores this paradigm shift while providing an introduction to the realities of child custody proceedings and family law courts. The article also identifies the ways in which mental health professionals can work most effectively with the legal system for the benefit of children of divorce and separation.

  13. Dormant investment disputes legal issues to explore%隐名出资纠纷法律问题探究

    Institute of Scientific and Technical Information of China (English)

    肖信平

    2015-01-01

    the new form of today ’ s investment constantly , in our country , as a new form of investment , the dormant investment because of the particularity of the “silent”, sought after by investors .Dormant invest-ment like a double-edged sword , however , that bring the investment convenient at the same time , also has caused many legal problems .Legal issues for dormant investment disputes , the supreme people's court on De-cember 6 , 2010 , the “company law” to explain ( 3 ) , within the framework of the judicial interpretation , in this paper , the possible legal risks dormant investment and relevant prevention measures and other issues to be discussed .%如今投资形式不断推陈出新,在我国,作为一种新型投资形式,隐名出资因其“隐名”的特殊性,受到投资者的追捧。然而,隐名出资像一把双刃剑,在给人们带来投资便利的同时,也引起了许多法律困扰。针对隐名出资纠纷法律问题,最高人民法院于2010年12月6日公布了《公司法》解释(三),在该司法解释的框架内,文章就隐名出资可能存在的法律风险以及相关防范对策等问题予以探讨。

  14. 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.

  15. 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.

  16. Nuclear power plant safety related pump issues

    Energy Technology Data Exchange (ETDEWEB)

    Colaccino, J.

    1996-12-01

    This paper summarizes of a number of pump issues raised since the Third NRC/ASME Symposium on Valve and Pump Testing in 1994. General issues discussed include revision of NRC Inspection Procedure 73756, issuance of NRC Information Notice 95-08 on ultrasonic flow meter uncertainties, relief requests for tests that are determined by the licensee to be impractical, and items in the ASME OM-1995 Code, Subsection ISTB, for pumps. The paper also discusses current pump vibration issues encountered in relief requests and plant inspections - which include smooth running pumps, absolute vibration limits, and vertical centrifugal pump vibration measurement requirements. Two pump scope issues involving boiling water reactor waterlog and reactor core isolation cooling pumps are also discussed. Where appropriate, NRC guidance is discussed.

  17. Issues Related to EU's Foreign Policy

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    @@ The European Union (EU) is widely regarded as an important international actor, and usually referred to as a big power like the U. S. , Russia, China and Japan. So naturally the foreign policy of the EU has caught attention of both officials and scholars over the world. However, the EU is also a combination of sovereign states, its foreign policy is different from others, and perhaps this is often ignored. For instance, unlike a single nation state, the EU's influence and power are different in various policy fields due to its different ways of decision-making and implementation. Also, different from the common currency, the forming of the common foreign policy of the EU doesn't mean the disappearance of respective member state's foreign policy. Only seeing or emphasizing one respect will lead to a misunderstanding of the EU. Moreover, as a unique "supranational and intergovernmental" organization in the world, the EU has too many complex institutions, names and terms. Of course, the situation is not better in the field of foreign policy, and it easily leads to confusion and misunderstanding. It is also necessary to point out that the EU is still in the process of evolvement, and in particular, as one of the major reforms of the EU in recent years, the foreign policy-making mechanism has been in the center of change and adjustment. It is no doubt that this adds to the difficulties of studying and understanding the EU's foreign policy. In a word, the author thinks it is necessary to raise some major issues related to the EU's foreign policy and delve into it in connecting with the EU's current development.

  18. [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.

  19. Risk management and legal issues with the use of social media in the healthcare setting.

    Science.gov (United States)

    Lambert, Kristen M; Barry, Pauline; Stokes, Gwen

    2012-01-01

    Social media have infiltrated all of our lives, both personally and professionally. Most of us could never have envisioned the impact that social media have had on us, particularly in the healthcare arena. Who would have thought even five years ago that a discussion on the ASHRM exchange would involve the use of Twitter in the operating room or that a physician would be reprimanded by a state medical board and have her privileges revoked due to posting information online about a trauma patient? In the coming years, social media use will only increase, causing concern for risk managers across the continuum. Furthermore, although case law and statutory regulations addressing the use of social media are minimal today, it is anticipated that we will see legal challenges to this evolving medium in the future. © 2012 American Society for Healthcare Risk Management of the American Hospital Association.

  20. International Legal and Ethical Challenges Related to the Use and Development of 3D Technology in the U.S. and China

    Directory of Open Access Journals (Sweden)

    Kimberley Kinsley

    2014-06-01

    Full Text Available Ethical and legal uses of technology should be addressed when a new technology gains popularity. The main focus of this research is to provide a detailed discussion of the legal and ethical issues pertaining to the use of 3D technology. Recent court cases provide examples of current and potential concerns associated with this technology from a consumer and business perspective. With the growing interest in 3D technology worldwide, especially in China, a discussion of similar laws in China related to 3D technology provides an international outlook of some of the trials ahead as business and consumer interest in 3D technology continues to escalate.

  1. Discussion on Legal Issues In Transnational Telecom Fraud---Based on 2 Taiwan-related transnational telecom fraud cases in 2 0 1 6%浅议跨境电信诈骗犯罪中的法律问题--以2016年两起大型涉台跨境电信诈骗案为例

    Institute of Scientific and Technical Information of China (English)

    刘彤

    2016-01-01

    Transnational telecom fraud means all or part of the crime is happened out of the territory of mainland China.Recently,the number of transnational telecom fraud has increased dramatically,which had threatened the security of our people's property badly.To stop this kind of crime from encroaching on people's property rights,we should understand the legal issues in transnational telecom fraud properly, and then make every of our effort to discover,investigate and punish the suspects.In the mean time,pre-cautions have to be built,together with the punishments,to reduce the disadvantages the transnational telecom fraud can do to our society.%跨境电信诈骗是指犯罪行为人的部分或者全部犯罪行为发生在中国以外的国家或地区的犯罪活动。近年来陆续发生的跨境电信诈骗犯罪给我国大陆居民的财产安全造成了极大危害。想要有效打击跨境电信诈骗犯罪,保障我国民众的财产安全,就必须明确跨境电信诈骗中涉及的相关法律问题,并在此基础之上对该项犯罪活动进行严厉打击。同时完善各种预防机制,真正做到预防与打击相结合,最大限度降低跨境电信诈骗犯罪对我国社会的危害。

  2. 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.

  3. Socio-legal regulation of family relations: current status and prospects for development

    Directory of Open Access Journals (Sweden)

    Ludmila Saenko

    2013-04-01

    Full Text Available The crisis of the traditional family becomes important research methods and techniques of social regulation of family relations in contemporary reality. Particular attention is paid to the legal regulation of having the author's opinion the fundamental nature of the general system of social regulation, its value in the preservation of traditional moral family values.

  4. Government Access to Phone Calling Activity and Related Records: Legal Authorities

    Science.gov (United States)

    2007-01-25

    Order Code RL33424 Government Access to Phone Calling Activity and Related Records: Legal Authorities Updated January 25, 2007 Elizabeth B. Bazan ...if it does not display a currently valid OMB control number. 1. REPORT DATE 25 JAN 2007 2. REPORT TYPE N/A 3. DATES COVERED - 4. TITLE AND

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

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

  6. Substance abuse and control in the United States: ethical and legal issues.

    Science.gov (United States)

    Newcomb, M D

    1992-08-01

    In 1986, the United States began to wage its most recent War on Drugs. This has involved establishing various policies and making investments to implement these policies and approaches. In general, the U.S. has taken a tough-guy stand to drug abuse and control that emphasizes punishment, restriction, and 'social warfare', as opposed to a public health oriented position. Current policy reflects a 'quick fix' solution to a complex problem, which may partially explain its failure and why we appear to be losing the War on Drugs. In this review I summarize the current debates and controversies surrounding drug abuse in the U.S. regarding the extent of the drug problem, the need for drug control, prevention efforts, legalization controversy, workplace strategies, treatment dilemmas, and maternal drug abuse. I argue that a radically different approach must be taken that is grounded in public health methods and an appreciation of the larger social context in which drug abuse occurs. We must look for a long-term solution to this complex problem that is integrated into society, and which is certainly resistant to the current quick fix approaches.

  7. 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

  8. 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.

  9. Ethical and legal issues in cross-system practice in India: Past, present and future.

    Science.gov (United States)

    Math, Suresh Bada; Moirangthem, Sydney; Kumar, Naveen C; Nirmala, Maria Christine

    2015-01-01

    Recent changes in policies allowing practitioners of Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) to integrate into the mainstream of healthcare and also allowing practitioners of Ayurveda and Homoeopathy to perform medical termination of pregnancy (MTP) under the proposed amendment to the MTP bill have brought crosssystem practice into the limelight. We evaluate cross-system practice from its legal and ethical perspectives. Across judgments, the judiciary has held that cross-system practice is a form of medical negligence; however, it is permitted only in those states where the concerned governments have authorized it by a general or special order. Further, though a state government may authorize an alternative medicine doctor to prescribe allopathic medicines (or vice versa), it does not condone the prescription of wrong medicines or wrong diagnosis. Courts have also stated that prescribing allopathic medicines and misrepresenting these as traditional medicines is an unfair trade practice and not explaining the side-effects of a prescribed allopathic medicine amounts to medical negligence. Finally, the Supreme Court has cautioned that employing traditional medical practitioners who do not possess the required skill and competence to give allopathic treatment in hospitals and to let an emergency patient be treated by them is gross negligence. In the event of an unwanted outcome, the responsibility is completely on the hospital authorities. Therefore, there is an urgent need to abolish cross-system practice, invest in healthcare, and bring radical changes in health legislations to make right to healthcare a reality.

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

    Directory of Open Access Journals (Sweden)

    Petukhov E.V.

    2014-12-01

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

  11. Regulated utilities and solar energy: a legal-economic analysis of the major issues affecting the solar commercialization effort

    Energy Technology Data Exchange (ETDEWEB)

    Laitos, J.; Feuerstein, R. J.

    1979-06-01

    The reaction of public utilities to the addition (and competitive) sources of energy supplied by solar technologies will have a significant impact on the commercialization of solar energy. Decentralized applications of solar energy need utility-produced power to back up the energy produced by solar means. The cost and availability of this power will largely determine the acceptance of solar energy. There are three legal issues surrounding the role of utilities in the solar commercialization effort: (1) the extent to which utilities may own, sell, lease, finance, or service solar devices for utility customers; (2) the degree to which solar-powered utilities may be able to compete with existing utilities; and (3) the degree to which various utility rate structures will be allowed to penalize decentralized solar users. The impact of state constitutional and statutory provisions upon these issues is examined, along with relevant federal constitutional doctrines. Finally, the statutes of the National Energy Act, many of which specifically address the above issues, are discussed.

  12. [Rape-related pregnancy in Brazil: the experience of women seeking legal abortion].

    Science.gov (United States)

    Machado, Carolina Leme; Fernandes, Arlete Maria Dos Santos; Osis, Maria José Duarte; Makuch, Maria Yolanda

    2015-02-01

    In Brazil, abortion is permitted by law in cases of rape-related pregnancy. This study reports on various aspects in the experience of women that have been sexually assaulted: diagnosis of the pregnancy, seeking legal abortion, and hospitalization in a university hospital. This was a qualitative study that interviewed ten women 18 to 38 years of age, with at least eight years of schooling, one to five years after legal abortion. The women had been previously unaware of their right to a legal abortion, were ashamed about the sexual assault, kept it secret, and had not sought immediate care. The diagnosis of pregnancy provoked anxiety and the wish to undergo an abortion. Women treated through private health plans received either insufficient orientation or none at all. Respectful treatment by the healthcare staff proved relevant for the women to cope with the abortion. The study highlights the need to publicize the right to abortion in cases of rape-related pregnancy and the healthcare services that perform legal abortion, in addition to training healthcare and law enforcement teams to handle such cases.

  13. U.S.-China Relations: Policy Issues

    Science.gov (United States)

    2012-08-02

    over U.S. anti-dumping measures on shrimp and diamond sawblades from China. • May 15-23, 2011: People’s Liberation Army Chief of the General Staff...Issues Congressional Research Service 31 lack of transparency in China’s agricultural market; and discriminatory regulatory processes and...energy power plants , promote cleaner use of coal and large-scale carbon capture and storage, and assess China’s shale gas resources. China leads the

  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. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....

  16. 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.

  17. Risk factors for legal induced abortion-related mortality in the United States.

    Science.gov (United States)

    Bartlett, Linda A; Berg, Cynthia J; Shulman, Holly B; Zane, Suzanne B; Green, Clarice A; Whitehead, Sara; Atrash, Hani K

    2004-04-01

    To assess risk factors for legal induced abortion-related deaths. This is a descriptive epidemiologic study of women dying of complications of induced abortions. Numerator data are from the Abortion Mortality Surveillance System. Denominator data are from the Abortion Surveillance System, which monitors the number and characteristics of women who have legal induced abortions in the United States. Risk factors examined include age of the woman, gestational length of pregnancy at the time of termination, race, and procedure. Main outcome measures include crude, adjusted, and risk factor-specific mortality rates. During 1988-1997, the overall death rate for women obtaining legally induced abortions was 0.7 per 100000 legal induced abortions. The risk of death increased exponentially by 38% for each additional week of gestation. Compared with women whose abortions were performed at or before 8 weeks of gestation, women whose abortions were performed in the second trimester were significantly more likely to die of abortion-related causes. The relative risk (unadjusted) of abortion-related mortality was 14.7 at 13-15 weeks of gestation (95% confidence interval [CI] 6.2, 34.7), 29.5 at 16-20 weeks (95% CI 12.9, 67.4), and 76.6 at or after 21 weeks (95% CI 32.5, 180.8). Up to 87% of deaths in women who chose to terminate their pregnancies after 8 weeks of gestation may have been avoidable if these women had accessed abortion services before 8 weeks of gestation. Although primary prevention of unintended pregnancy is optimal, among women who choose to terminate their pregnancies, increased access to surgical and nonsurgical abortion services may increase the proportion of abortions performed at lower-risk, early gestational ages and help further decrease deaths. II-2

  18. Unsolved issues related to human mitochondrial diseases.

    Science.gov (United States)

    Lombès, Anne; Auré, Karine; Bellanné-Chantelot, Christine; Gilleron, Mylène; Jardel, Claude

    2014-05-01

    Human mitochondrial diseases, defined as the diseases due to a mitochondrial oxidative phosphorylation defect, represent a large group of very diverse diseases with respect to phenotype and genetic causes. They present with many unsolved issues, the comprehensive analysis of which is beyond the scope of this review. We here essentially focus on the mechanisms underlying the diversity of targeted tissues, which is an important component of the large panel of these diseases phenotypic expression. The reproducibility of genotype/phenotype expression, the presence of modifying factors, and the potential causes for the restricted pattern of tissular expression are reviewed. Special emphasis is made on heteroplasmy, a specific feature of mitochondrial diseases, defined as the coexistence within the cell of mutant and wild type mitochondrial DNA molecules. Its existence permits unequal segregation during mitoses of the mitochondrial DNA populations and consequently heterogeneous tissue distribution of the mutation load. The observed tissue distributions of recurrent human mitochondrial DNA deleterious mutations are diverse but reproducible for a given mutation demonstrating that the segregation is not a random process. Its extent and mechanisms remain essentially unknown despite recent advances obtained in animal models.

  19. Ethical and legal issues in therapeutic cloning and the study of stem cells.

    Science.gov (United States)

    Lisker, Rubén

    2003-01-01

    Therapeutic cloning is a new technology with great medical potential, particularly in the area of transplantation medicine. It involves the transfer of the nucleus of a patient's cell into an enucleated donor oocyte for the purpose of generating an embryo. This embryo is allowed to grow until the blastocyst stage, at which time stem cells can be obtained and differentiated into the tissue needed. Stem cells can also be obtained from adult tissues, as they seem to have sufficient plasticity to use for the stated purpose. A literature review was performed, and it is clear that the main controversy regarding the use of stem cells is the origin. Few people would object to their use if obtained from adult tissues; however, many oppose harvesting them from embryos in the blastocyst stage regardless of whether 1) they are obtained from surplus embryos donated by couples after assisted reproductive techniques, or 2) they are specially manufactured for research purposes. The central reason is the consideration that embryos should be treated as full humans from the moment of fertilization. This argument is also at the bottom of an older discussion regarding the validity of abortion. There is no consensus at the present time in this regard, and it is unlikely one will be forthcoming in the future. Arguments on both sides of the issue are presented, but emphasis is made on the need for using this technology for research purposes because of its potential value as a therapeutic tool.

  20. NATO, MBFR and Some Related Issues

    Science.gov (United States)

    1975-06-06

    34flexible reoponse" is briefly mentioned above. TheBe three strategic doctrines were briefly related to the tactical nuclear weapon superiority, noted...üKely that was discussed in the previous section of this paper. ln most ca3e3 theBe proposals were not linfcsd to specific types of outcomes. To

  1. Substance use and health related issues

    NARCIS (Netherlands)

    Didden, H.C.M.; Nagel, J.E.L. van der; Duijvenbode, N. van

    2016-01-01

    Individuals with intellectual and developmental disabilities (IDD) have an increased risk for developing problems related to use and misuse of substances such as alcohol and drugs. The consequences for mental and somatic health are often detrimental. Substance use disorder is a chronic and

  2. Rethinking ethical and legal issues at the end of life in the U.K. and Brazil: a role for solidarity?

    Science.gov (United States)

    Ventura, Carla A Arena; Gallagher, Ann; Jago, Robert; Mendes, Isabel Amélia Costa

    2013-12-01

    There are currently high profile debates about legal and ethical aspects of end of life care and treatment in the U.K. and Brazil. Unlike some other jurisdictions, neither country has legalised assisted dying or euthanasia. We argue that it is timely to consider the issues from the perspectives of an evolving concept in bioethics, that of solidarity.

  3. On the relation between moral, legal and evaluative justifications of pre-implantation genetic diagnosis (PGD).

    Science.gov (United States)

    Lohmann, Georg

    2003-01-01

    In Germany the question whether to uphold or repeal the judicial prohibition on Pre-implantation Genetic Diagnosis (PGD) is being debated from quite different standpoints. This paper differentiates the major arguments according to their reasons as a) moral, b) evaluative (i.e. cultural/religious), and c) legal. The arguments for and against PGD can be divided by content into three groups: arguments relating to the status of the embryo, focusing on individual actions in the implementation of PGD, and relating to the foreseeable or probable consequences of PGD. In Germany, from a legal perspective, the status of the embryo does not permit the intervention of PGD; from a purely moral perspective, a prohibition on PGD does not appear defensible. It remains an open question, however, whether the moral argument permitting PGD should be restricted for evaluative (cultural) reasons. The paper discusses the species-ethical reasons, for which Jurgen Habermas sees worrisome consequences in the wake of PGD to the extent that we comprehend it as the forerunner of a 'positive eugenics'. It would so disrupt the natural preconditions of our universal morality. The question of whether to prohibit or allow PGD is not merely a question of simple moral and/or legal arguments, but demands a choice between evaluative, moral and (still to be specified) species-ethical arguments, and the question remains open.

  4. USN/USMC Commander’s Quick Reference Handbook for Legal Issues

    Science.gov (United States)

    2008-01-01

    to unsafe chemical, toxic agents; after 28 weeks of pregnancy ensure member is allowed to rest 20 minutes every 4 hours (including in a chair with...religion to the greatest extent possible. See reference (d). See POLITICAL ACTIVITIES. TATTOO POLICY: USN: • No tattoos on face, neck, scalp...nat’l origin, gender, racial, or religious) - Supremacist or gang-related – prohibited USMC: - No tattoos on head or neck - No “sleeve tattoos

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

    Directory of Open Access Journals (Sweden)

    Ponjavić Zoran

    2011-01-01

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

  6. Classification issues related to neuropathic trigeminal pain.

    Science.gov (United States)

    Zakrzewska, Joanna M

    2004-01-01

    The goal of a classification system of medical conditions is to facilitate accurate communication, to ensure that each condition is described uniformly and universally and that all data banks for the storage and retrieval of research and clinical data related to the conditions are consistent. Classification entails deciding which kinds of diagnostic entities should be recognized and how to order them in a meaningful way. Currently there are 3 major pain classification systems of relevance to orofacial pain: The International Association for the Study of Pain classification system, the International Headache Society classification system, and the Research Diagnostic Criteria for Temporomandibular Disorders (RDC/TMD). All use different methodologies, and only the RDC/TMD take into account social and psychologic factors in the classification of conditions. Classification systems need to be reliable, valid, comprehensive, generalizable, and flexible, and they need to be tested using consensus views of experts as well as the available literature. There is an urgent need for a robust classification system for neuropathic trigeminal pain.

  7. Exploring Technological Frontiers: Autonomy in Legal Scholarship

    Science.gov (United States)

    Moses, Lyria Bennett

    2010-01-01

    In 1999, Barton Beebe critiqued a "golden age" of space law in the 1950s and 1960s in which obscure legal issues concerning space exploration and aliens were addressed. This article describes a more recent "golden age" in legal scholarship, namely that relating to virtual worlds such as World of Warcraft and Second Life. The author examines the…

  8. Exploring Technological Frontiers: Autonomy in Legal Scholarship

    Science.gov (United States)

    Moses, Lyria Bennett

    2010-01-01

    In 1999, Barton Beebe critiqued a "golden age" of space law in the 1950s and 1960s in which obscure legal issues concerning space exploration and aliens were addressed. This article describes a more recent "golden age" in legal scholarship, namely that relating to virtual worlds such as World of Warcraft and Second Life. The author examines the…

  9. Judicial control of legal relations in the sports law - de lege ferenda

    Directory of Open Access Journals (Sweden)

    Dean Vuleta

    2015-12-01

    Full Text Available The business of Sport is a complex entity in our current society. All participants in the business of sport (Sport Community includings athletes, coaches, managers and facilities providers require legal representation and consideration within the legal framework of the country in which they operate. The participants in the business of sport require civil, labor, criminal, commercial, and judicial regulation in order to maintain the integrity and raise the quality of their sport to a global level. Legislative and judicial authorities have neglected to pursue legislation that provides protection for the progress and development of the Sports Community. Current Sports Law has many gaps and is lacking the standardization which would provide judicial support for Sports Community. Without specific sport legislation there will be a substantial increase in disputes for the violation of subjective rights within the Sports Community. One of the most crucial unsolved questions is how a sport will be protected as an institutionalized and regulated activity from legal abuses in and outside of the specific sport. The Republic of Croatia is still lacking effective and organized judicial power of the quality necessary to protect and support its Sports Community. A solution to this problem is for those with legislative authority to initiate the procedure of forming specialized courts constituted only for trial in conflict situations related to sports conflicts. This excludes criminal offenses for which a prison sentence is determined. This initiative would lead to additional provisions of certain legal acts through necessary amandments, mainly Sports Law, Court Law and Civil Procedure.

  10. Ethical and legal issues in the control of drug abuse and drug trafficking: the Nigerian case.

    Science.gov (United States)

    Obot, I S

    1992-08-01

    This paper presents a general review of drug law and policy in Nigeria beginning with the international attempts to control the traffic in liquor during the pre-colonial and colonial periods. The paper assesses the impact of penal policy on trafficking and use of illicit drugs at different stages in the transformation of Nigeria from a colonial outpost to an independent nation. One persistent feature of drug control mechanisms in Nigeria has been the emphasis on the reduction of supply with the imposition of harsh though inconsistent punishment including, at one time, the death penalty for trafficking. Consequently, initiatives aimed at demand reduction through education, treatment and rehabilitation have been neglected. One reason for this is that, to a great extent, drug control strategy in modern Nigeria has been a response to international demands; another is that they were formulated under military regimes with an overriding concern for law and order. Other features of the Nigerian drug problem are presented and the need for the reform of current laws is stressed. It is argued that an enduring solution lies in the implementation of a comprehensive but clearly defined policy aimed both at the control of supply and reduction of demand. While the state has the duty and the right to protect its citizens from drug-related harm, it is an ethical imperative to institute control measures which do no harm to the citizens they are meant to protect.

  11. Italian law on the vehicular homicide: medical legal issues and comparative analysis.

    Science.gov (United States)

    Montanari Vergallo, G; Marinelli, E; di Luca, N M; Masotti, V; Cecchi, R; Zaami, S

    2017-01-01

    Law no. 41/2016, enacted after a parliamentary debate characterized by a strong media pressure, intends to give a strong response to the growing social alarm caused by road accidents causing deaths. In this perspective, it introduced the categories of road homicide and road injuries within the Penal Code and the new hypotheses of mandatory and facultative arrest in flagrante delicto. This paper aims at comparing the rules by which the United Kingdom, France, Spain, Germany and Italy protect people's lives and safety of vehicular traffic in order to highlight strengths and weaknesses with a view to future reforms. A survey on the European legislature highlights that, while other countries tend to criminally sanction several dangerous driving conducts, Italy has preferred, on the one hand, to punish only with administrative sanctions some violations related to reckless driving (with the exception of driving under the influence of alcohol and drugs) and, on the other, to provide for particularly harsh prison sentences in the case of vehicular homicide. The authors criticize this approach and other aspects of the new law. Moreover, it seems that the legislator's aim has not been achieved because traffic accidents have not decreased. They also believe that better results could be obtained by increasing controls on the roads and developing a policy of economical investments which improves road safety.

  12. Hospitalization of adolescents for psychiatric and substance abuse treatment. Legal and ethical issues.

    Science.gov (United States)

    Schwartz, I M

    1989-11-01

    It has been estimated that as many as 12%-15% of the nations 63 million children are in need of mental health treatment. We have a responsibility to do everything we can to see to it that these children receive the services they need. Unfortunately, there is mounting evidence that a significant proportion of our health care resources are being misspent on the unnecessary and inappropriate hospitalization of children and youths in psychiatric and substance abuse treatment programs. More alarming is the evidence of poor quality programs, abusive practices, and greed. The intense competition to capture a "share of the market" and turn a profit or keep a nonprofit hospital from closing its doors is contributing to unprofessional and unethical advertising and public relations practices. In the end these practices will reflect poorly on the broader mental health and health care community. Hopefully, the stakeholders in the system will recognize these problems and assume a leadership role in turning the situation around. If not, we can expect intervention from forces outside the system (e.g., courts, elected public officials, public interest groups, the business community, and child advocates).

  13. Legal issues for German-speaking cannabis growers. Results from an online survey.

    Science.gov (United States)

    Werse, Bernd

    2016-02-01

    Cannabis prohibition can generally be regarded as the main driver for home growing of marijuana. In this paper, I discuss the impact of drug prohibition on cannabis cultivators from the three German-speaking countries: Germany, Austria and Switzerland. In particular, this refers to the questions; how illicitness influences motivations for growing; which precautionary measures are taken against the risk of discovery; how penal consequences differ in the three countries and how these aspects are linked to each other. The results come from a sample of 1578 respondents from the German-language online survey conducted following the International Cannabis Cultivation Questionnaire (ICCQ). The survey was carried out in late 2012 and early 2013. While most of the reasons for growing cannabis relate to avoiding negative consequences of prohibition, the illicitness of cannabis also plays a major role for concern about the cultivation activities as well as measures to avoid negative consequences. Swiss growers are less worried about their activity compared to respondents from Germany or Austria. The results confirm the notion that the illicitness of cannabis is the main drive for the private cultivation of the plant. At the same time, prohibition is the principal reason for concern regarding the growing activity. The severity of possible sentences seems to be linked to the degree of concern and precautionary measures. Copyright © 2015 Elsevier B.V. All rights reserved.

  14. 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.

  15. Legal and Ethical Issues on Neurosurgery for Drug Addiction%颅脑手术戒毒相关法律问题与伦理思考

    Institute of Scientific and Technical Information of China (English)

    车京辉; 张金钟

    2011-01-01

    In recent years, neurosurgery for drug addiction, a newly emerging clinical method for treating drug addiction, has attracted extensive attention from the whole society. Opportunity comes, and challenge also arises, when exerting its advantages, this novel technology also brings potential threats to the recipients'normal physiological functions. Therefore, under the current circumstances when corresponding legislations are not established, it is necessary to explore the related ethical issues on recipients'life rights, health rights, informed consent, operational cost, and other legal issues before the massive clinical application of neurosurgery for drug addiction.%颅脑手术戒毒作为一项新兴的临床医学戒毒技术,受到了社会的广泛关注.这种临床戒毒方法 在发挥其优势的同时,也给接受治疗者的正常生理功能带来一定的潜在威胁,在相关立法尚不完善的情况下,有必要在颅脑手术戒毒正式应用于临床之前,对其涉及的生命权、健康权、知情同意权、手术费用等伦理问题进行讨论.

  16. Is anti-doping analysis so far from clinical, legal or forensic targets?: The added value of close relationships between related disciplines.

    Science.gov (United States)

    Segura, Jordi

    2009-11-01

    There are many areas of common interest between anti-doping laboratories and those working in the clinical, legal and forensic fields. In addition to methodological similarities, there are aspects of the findings in sport drug testing that overlap with other fields in such a way that sport drug testing and clinical, legal or forensic work may benefit from mutual interaction. Three recent examples are presented from the author's experience. Case report 1 concerns the clinical relevance of hCG findings in sport drug testing as potential indicators of the presence of a (testicular) tumour in athletes. Case report 2 refers to difficulties that accredited laboratories can encounter due to differences between national legal systems and the administrative regulation systems of sport authorities. The example involves a network of blood collection for further autologous transfusion. Case report 3 relates to additional forensic-type investigations needed to interpret a situation where intoxication of a whole delegation was responsible for apparent doping cases. Clinical, legal and forensic fields must recognize the added value that some results and developments coming from anti-doping laboratories may have. At the same time anti-doping analysts should be aware of new issues, methodologies and problems appearing in related fields.

  17. 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…

  18. Retention Issues in Legal Education: The Roles of Undergraduate Educators and of Academic Support in the Law School.

    Science.gov (United States)

    Cabrera, Richard

    2002-01-01

    Reviews legal education and student retention, particularly of minority students, from three perspectives: current trends in law school admissions, the role of undergraduate institutions in avoiding retention problems by preparing candidates for successful legal education, and the increased role of law school academic support programs in student…

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

    Science.gov (United States)

    2010-01-01

    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 handling of sensitive

  20. 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

  1. International legal cooperation of the Republic of Uzbekistan in the cultural and humanitarian spheres – important part of international relations

    Directory of Open Access Journals (Sweden)

    Nuriddin Mamajonov

    2015-12-01

    Full Text Available The article is devoted to the International legal cooperation of the Republic of Uzbekistan in the cultural and humanitarian spheres. Analysis of the influence of the cultural and humanitarian spheres in the international relations of the states, including Uzbekistan, was carried out in the article. Additionally, more and more growing role of the so-called “culture factor” in the international politics is discussed in it. The analysis is based on the legal base of the Republic of Uzbekistan, international legal documents, research works of domestic and foreign scholars in such areas as culture, education, science, tourism and medical science.

  2. Korea: U.S.-Korean Relations -- Issues for Congress

    Science.gov (United States)

    2005-06-16

    wounded in the Korean War (1950-53). The United States agreed to defend South Korea from external aggression in the 1954 Mutual Defense Treaty. The... Korean RelationsIssues for Congress Updated June 16, 2005 Larry A. Niksch Foreign Affairs, Defense , and Trade Division Report Documentation Page...A 3. DATES COVERED - 4. TITLE AND SUBTITLE Korea : U.S.- Korean Relations -- Issues for Congress 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c

  3. 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)

  4. Exploring work-related issues on corporate sustainability.

    Science.gov (United States)

    Brunoro, C M; Bolis, I; Sznelwar, L I

    2015-01-01

    In a research project about work-related issues and corporate sustainability conducted in Brazil, the goal was to better understand how work-related issues were addressed in the corporate context. Particularly, there are some specific initiatives that serve as guides to organizational decisions, which make their performance indicators for the context of corporate sustainability. 1) To explore the presence of work-related issues and their origins in corporate sustainability approach, analyzing a) corporate disclosures; b) sustainability guidelines that are identified as relevant in corporate disclosures; c) documents that are related to sustainable development and also identified as key-documents for these guidelines and initiatives. 2) To present the activity-centered ergonomics and psychodynamics of work contributions to work-related issues in a corporate sustainability approach. An exploratory study based on multiple sources of evidence that were performed from 2012 to 2013, including interviews with companies that engaged in corporate sustainability and document analysis using the content analysis approach. Work-related issues have been presented since the earliest sustainable development documents. It is feasible to construct an empirical framework for work-related issues and corporate sustainability approaches. 1) Although some authors argue that corporate sustainability has its roots based only on the environmental dimension, there is strong empirical evidence showing that social dimension aspects such as work-related issues have been present since the beginning. 2) Some indicators should be redesigned to more precisely translate the reality of some workplaces, particularly those indicators related to organizational design and mental health.

  5. 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

  6. 论民办学校营利性规定的法律问题%Legal Issues on the Profit Provisions in Private Schools

    Institute of Scientific and Technical Information of China (English)

    张小锋; 吕淼淼

    2011-01-01

    In the Private Education Promotion Law,"reasonable return" is considered to be the highlight in private education legislation,however there are some legal issues which greatly reduce the effectiveness in the real world.Among them,the concept of profit lacks its legislation definition,the argument between profit and public welfare never stops,"reasonable return" has been misinterpreted and it lacks its supporting systems and related provisions of the law.So the regulations for the profit on private schools should be perfected.%《民办教育促进法》中"合理回报"的规定被认为是民办教育立法中的最大亮点,然而这一规定存在着一定的法律问题,使其在现实中的效用并不理想。其中,"营利性"概念的立法界定的缺失,营利性与公益性的争论不休,"合理回报"被曲解及其在现实中缺乏配套制度,以及与相关法律的规定存在冲突等较为突出,需要我们对民办学校营利性规定加以完善。

  7. Social justice issues related to uneven distribution of resources.

    Science.gov (United States)

    Ervin, Naomi E; Bell, Sue Ellen

    2004-01-01

    This article examines the social justice issues resulting from the uneven distribution of resources. In this article, justice theories are discussed in relation to two of these issues: lack of adequate food and shelter and inequitable access to an appropriate continuum of health care. Public health nurses have the obligation to deal with the results of poverty and the uneven distribution of resources, which pose a threat to the common good in the United States and throughout the global community.

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

    Science.gov (United States)

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

    2000-01-01

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

  9. Legal Protections for Privacy

    Science.gov (United States)

    Leslie, David W.

    1977-01-01

    Individual interest in privacy is a multiple legal issue, roughly divided into four parts according to different types of law: constitutional, statutory, administrative, and common law. Policy implications of this issue for institutions are discussed. (Editor/LBH)

  10. Victims of gender-based violence and their legal protection in Serbia: In relation to men's violence against women

    Directory of Open Access Journals (Sweden)

    Vučković Ivana

    2008-01-01

    Full Text Available The main issue in this work is men's violence against women as a hate crime. The author analyzes this through a feminist perspective considering the relevance of basic facts and concepts such as gender, gender roles and socialization, power, patriarchy and women's rights. The author analyzes the position of women victims of men's violence on both the international and national level, and their legal protection, in general and especially in Serbia, using a victimological approach.

  11. 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…

  12. Organizational and Legal Issues of Combating Money Laundering: International Experience and Prospects of Its Use in the Russian Federation

    Directory of Open Access Journals (Sweden)

    Alexander V. Vlasov

    2015-12-01

    Full Text Available The article deals with the problem of counteraction to legalization (laundering of proceeds from crime - is the final stage of transformation into high crime and effective form of illegal business. During this process, illegal and highly dangerous for the concentration of economic society, and behind her, and political power in the hands of an uncontrolled group of people.

  13. The changing legal context of employment policy coordination : How do Social Policy Issues Fare after the Crisis?

    NARCIS (Netherlands)

    Bekker, S.; Klosse, Saskia

    2014-01-01

    Looking at the 2013 country-specifi c Recommendations, this article explores which legal instruments are used to coordinate employment and social policy items aft er the crisis. Th is includes instruments belonging to employment and social policy coordination, as well as to budgetary and economic go

  14. Organizational and Legal Issues of Combating Money Laundering: International Experience and Prospects of Its Use in the Russian Federation

    OpenAIRE

    Alexander V. Vlasov

    2015-01-01

    The article deals with the problem of counteraction to legalization (laundering) of proceeds from crime - is the final stage of transformation into high crime and effective form of illegal business. During this process, illegal and highly dangerous for the concentration of economic society, and behind her, and political power in the hands of an uncontrolled group of people.

  15. Ethical, Legal, and Practical Issues in the Control and Regulation of Suicide Promotion and Assistance over the Internet

    Science.gov (United States)

    Mishara, Brian L.; Weisstub, David N.

    2007-01-01

    The promotion of suicide and description of suicide methods on the Internet have led to widespread concern that legal control is mandated. Apart from value concerns pertaining to attitudes about suicide, the guarantee of freedom of expression presents a serious challenge to the introduction of restrictive laws. Recent developments in Australia and…

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

    Directory of Open Access Journals (Sweden)

    Muhamet Vokrri

    2015-11-01

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

  17. Nutrition and cancer: issues related to treatment and survivorship.

    Science.gov (United States)

    Witham, Gary

    2013-10-01

    This paper reviews nutritional issues related to cancer treatment and further explores nutritional needs pertinent to cancer survivorship. It examines the major problems with nutrition when patients undergo the main cancer treatment modalities of chemotherapy, radiotherapy and surgery. Particular attention is paid to long-term dietary advice in acknowledgement of the improved effectiveness of cancer treatment and the chronic nature of the condition.

  18. Issues related to topology optimization of snap-through problems

    DEFF Research Database (Denmark)

    Lindgaard, Esben; Dahl, Jonas

    2012-01-01

    This work focuses on issues related to topology optimization of static geometrically nonlinear structures experiencing snap-through behaviour. Different compliance and buckling criterion functions are studied and applied to topology optimization of a point loaded curved beam problem with the aim ...

  19. Issues relating to airborne applications of HTS SQUIDs

    CERN Document Server

    Foley, C P; Binks, R A; Lam, S H K; Du, J; Tilbrook, D L; Mitchell, E E; MacFarlane, J C; Lee, J B; Turner, R; Downey, M; Maddever, A

    2002-01-01

    Airborne application of HTS SQUIDs is the most difficult environment for their successful deployment. In order to operate with the sensitivity required for a particular application, there are many issues to be addressed such as the need for very wide dynamic range electronics, motion noise elimination, immunity to large changing magnetic fields and cultural noise sources. This paper reviews what is necessary to achieve an airborne system giving examples in geophysical mineral exploration. It will consider issues relating to device design and fabrication, electronics, dewar design, suspension system requirements and noise elimination methods.

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

    OpenAIRE

    Penchaszadeh,Victor B.

    2015-01-01

    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 ge...

  1. Assistance to States on Policies Related to Wind Energy Issues

    Energy Technology Data Exchange (ETDEWEB)

    Brown, Matthew, H; Decesaro, Jennifer; DOE Project Officer - Keith Bennett

    2005-07-15

    This final report summarizes work carried out under agreement with the US Department of Energy, related to wind energy policy issues. This project has involved a combination of outreach and publications on wind energy, with a specific focus on educating state-level policymakers. Education of state policymakers is vitally important because state policy (in the form of incentives or regulation) is a crucial part of the success of wind energy. State policymakers wield a significant influence over all of these policies. They are also in need of high quality, non-biased educational resources which this project provided. This project provided outreach to legislatures, in the form of meetings designed specifically for state legislators and legislative staff, responses to information requests on wind energy, and publications. The publications addressed: renewable energy portfolio standards, wind energy transmission, wind energy siting, case studies of wind energy policy, avian issues, economic development, and other related issues. These publications were distributed to legislative energy committee members, and chairs, legislative staff, legislative libraries, and other related state officials. The effect of this effort has been to provide an extensive resource of information about wind information for state policymakers in a form that is useful to them. This non-partisan information has been used as state policymakers attempt to develop their own policy proposals related to wind energy in the states.

  2. An Analysis of Copyright-Related Legal Cases and Decisions: Implications to Designing Internet-Based Learning Activities.

    Science.gov (United States)

    Dagley, Dave; Lan, Jiang

    1999-01-01

    To provide information about potential legal problems that might arise from using and distributing instructional materials and designing activities for Internet-based instruction, this article analyzes court cases and decisions relating to course packets; illustrations and figures; learning activities; video, sound and graphic images; and…

  3. The constitutional issues of the Empire: the legal and political context reflected in the stories “Fulano” and “Um homem célebre,” Machado de Assis

    Directory of Open Access Journals (Sweden)

    Tito Lívio Cabral Renovato Silva

    2015-10-01

    Full Text Available This article will examine the constitutional issues that occurred in the second half of the nineteenth century, such as the “religious issue”, “military issue” and “abolition of slavery”, which led to the end of the monarchy in Brazil. We will treat the historical panorama of the time, the current legal and constitutional crises of the Empire, where we analyze the 1824 Constitution and its articles that discuss the division of powers and functions concerning the moderating power. Analyze all these issues by Machado de Assis vision reflected in the characters of the stories “Fulano” and “Um homem célebre”, under an interdisciplinary method, targeting the relations between Law and Literature.

  4. 48 CFR 31.205-47 - Costs related to legal and other proceedings.

    Science.gov (United States)

    2010-10-01

    ... officer, in consultation with his or her legal advisor, determines that there was very little likelihood... contracting officer may provide for conditional payment upon provision of adequate security, or other...

  5. U.S.-China Relations: An Overview of Policy Issues

    Science.gov (United States)

    2013-08-01

    term debt, expansionary monetary policy , and alleged barriers to Chinese investment in the United States. Mistrust is particularly pronounced on... monetary policy to stimulate its economy. China fears the policy , by suppressing interest rates, could produce inflation and/or a devaluation of the...CRS Report for Congress Prepared for Members and Committees of Congress U.S.-China Relations: An Overview of Policy Issues Susan V

  6. Artificial intelligence issues related to automated computing operations

    Science.gov (United States)

    Hornfeck, William A.

    1989-01-01

    Large data processing installations represent target systems for effective applications of artificial intelligence (AI) constructs. The system organization of a large data processing facility at the NASA Marshall Space Flight Center is presented. The methodology and the issues which are related to AI application to automated operations within a large-scale computing facility are described. Problems to be addressed and initial goals are outlined.

  7. 我国电信业监管法律问题探究%China's telecommunications industry regulatory Legal Issues

    Institute of Scientific and Technical Information of China (English)

    郭雯

    2013-01-01

      China’s telecommunications industry regulatory legal system is very scarce, such as the telecommunications industry, in September 2000 introduced the“Telecommunications Regulations”for the separating after breaking monopoly and promoting competition, and create an environment played an important role, but only ordinance can not meet the demand. SP Enterprises remediation process such as opening a ticket can not find a clear basis for regulations; networks duplication, waste of resources not very good twist; integrated sectors and social division of powers long intertwined bad solution. Some of the technical and business integration without legal protection propulsion. Therefore, the study of the telecommunications industry regulatory legal system is very necessary and urgent.%  我国电信行业的监管法律制度非常匮乏,例如电信业,2000年9月出台的《电信条例》,为政企分开后打破垄断、促进竞争、营造环境发挥了重要作用,但仅有条例已不能满足需求。比如SP企业整治过程中开一张罚单找不到一条明确的条规依据;网络重复建设、资源浪费现象得不到很好扭转;与社会综合部门的事权划分长期交织不好解决。一些技术与业务的融合无法律保障推进等。因此,研究电信行业的监管法律制度显得十分必要和迫切。

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

    Science.gov (United States)

    Banys, Peter

    2016-01-01

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

  9. Environmentally related taxes in OECD countries: issues and strategies

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2002-07-01

    Economic instruments, including environmentally related taxes, play an increasing role in the environmental policies of developed countries. This publication addresses the use of environmental taxes and their effectiveness in reducing environmental damage. It finds these taxes are a powerful tool for implementing environmental strategy. It also describes obstacles to increased use of such taxes (e.g. concerns about competitiveness and distributional effects) and suggests ways to overcome such barriers. Particular attention is given to issues and options related to taxes on greenhouse gases. 18 figs., 13 tabs.

  10. Dissimilarities in Founding a Legal Business Entity in Finland and Vietnam : Interested Issues: Business Forms, Procedures, Taxation, Accounting and Auditing, Employment, Insurance and Business Culture

    OpenAIRE

    Le, Trang

    2016-01-01

    The thesis aims at providing general information in some essential legal matters of founding a business entity in Finland and Vietnam, as well as an overview on differences between the two markets. The thesis is completed by analysing data, conducting questionnaires, and comparing the situation in the related field so that it could portrait the most fundamental factors which need to be noticed by interested entrepreneurs. The theory of internationalization is introduced in the theoretical...

  11. AIDS: Legal Tools Helpful for Mental Health Counseling Interventions.

    Science.gov (United States)

    Friedman, Ann Lorentson; Hughes, Rosemary B.

    1994-01-01

    Complex HIV and AIDS related legal issues confronting mental health professionals are addressed, specifically: living will, statutes, durable power of attorney, durable power of attorney for health care, rational suicide, euthanasia, workplace discrimination, and laws affecting minors. (JBJ)

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

    Directory of Open Access Journals (Sweden)

    Anél Ferreira-Snyman

    2015-12-01

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

  13. 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.

  14. Some current legal issues that may affect oral and maxillofacial radiology: part 1. Basic principles in digital dental radiology.

    Science.gov (United States)

    MacDonald-Jankowski, David S; Orpe, Elaine C

    2007-06-01

    Developments in oral and maxillofacial radiology affect almost every aspect of dentistry: some change the legal framework in which Canadian dentists practise; some re-emphasize established standards of care, such as the dental radiologist's mantra, ALARA (using a dose that is as low as reasonably achievable) and viewing images in reduced ambient lighting. Developments in the legislation that regulates the use of radiology, such as Health Canada"s Safety Code 30 for radiation safety in dentistry and the Healing Arts Radiation Protection Act, also affect the practice of dental radiology. Some technical developments, such as charge-coupled devices and photostimulatable phosphors, are already well-known to the profession. Teleradiology, currently used in hospitals, but unfamiliar to most dentists (especially those working in urban communities), may soon have an impact on dentistry when it is used for Canada"s electronic health record, now under development. In this first of 2 articles about dental digital technology, we discuss the legal impact of developments in oral and maxillofacial radiology on dental practice and patient care.

  15. LEGAL ISSUES AND ASPECTS RELATED TO THE HUMAN RESOURCES MANAGEMENT REGARDING THE SELECTION OF CIVIL SERVANTS

    Directory of Open Access Journals (Sweden)

    MELINDA CENUŞE

    2012-12-01

    Full Text Available Public administration selects its servants exclusively on competence criteria (the so-called merit system. The selection of civil servants is performed by contest, organized within the limit of vacant public positions provided annually for this purpose, by the plan for occupation of public positions. As a general rule, the contest is organized on a quarterly basis. Any individual who meets the general conditions provided by law and the specific conditions established by law for occupying a certain public position may participate at the selection contest organized for the occupation of a public position. Among other aspects, in this study we underline an inconsistency regarding the recruitment defined in the field of Human Resources Management and its definition from The Statute of the Civil Servants.

  16. Materials Issues Related to Catalysts for Treatment of Diesel Exhaust

    Energy Technology Data Exchange (ETDEWEB)

    Narula, Chaitanya Kumar [ORNL; Daw, C Stuart [ORNL; Hoard, John W. [Ford Motor Company; Hammer, T. [Siemens AG, Germany

    2005-01-01

    The driver for lean NO{sub x} treatment is the need to meet regulatory standards for diesel engines and gasoline direct injection spark-ignited engines that offer better fuel economy. Efforts over the last decade have been focused toward finding an active lean NO{sub x} catalyst that can reduce NO{sub x} under oxidizing conditions or strategies such as selective catalytic reduction (SCR), plasma-catalysis, plasma catalyst SCR, and lean NO{sub x} traps with varying degrees of success. At present, it appears that SCR with urea and lean NO{sub x} traps are the leading contender technologies for commercial deployment. Key issues that remain to be resolved for these two technologies include byproduct formation, dosing control, and durability. In this review, we summarize material-related issues that are unique to each of these technologies, and point out the improvements necessary to facilitate their deployment.

  17. [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

  18. The issue of penal and legal protection of the intensive care unit physician within the context of patient's consent to treatment. Part II: unconscious patient.

    Science.gov (United States)

    Siewiera, Jacek; Kübler, Andrzej; Filipowska, Monika; Trnka, Jakub; Zamaro-Michalska, Aleksandra

    2014-01-01

    Cultural changes in Western societies, as well as the rapid development of medical technology during the last quarter of a century, have led to many changes in the relationship between a physician and a patient. During this period, the patient's consent to treatment has proven to be an essential component of any decision relating to the patient's health. The patient's will component, as an essential element of the legality of the treatment process, is also reflected in the Polish legislation. The correct interpretation of the legal regulations and the role the patient's will plays in the therapeutic decision-making process within the Intensive Care Unit (ICU) requires the consideration of both the good of the patient and the physician's safety in terms of his criminal responsibility. Clinical experience indicates that the physicians' decisions result in the choice of the best treatment strategy for a patient only if they are based on current medical knowledge and an assessment of therapeutic opportunities. The good of the patient must be the sole objective of the physician's actions, and as a result of the current state of medical knowledge and the medical prognosis, all the conditions of the legal safety of a physician taking decisions must be met. In this paper, the authors have set out how to obtain consent (substantive consent) to treat an unconscious patient in the ICU in light of the current Polish law, as well as a physician's daily practice. The solutions proposed in the text of the publication are aimed at increasing the legal safety of the ICU physicians when making key decisions relating to the strategy of the treatment of ICU patients.

  19. Deep sequencing of plant and animal DNA contained within traditional Chinese medicines reveals legality issues and health safety concerns.

    Directory of Open Access Journals (Sweden)

    Megan L Coghlan

    Full Text Available 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

  20. 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

  1. Antimicrobial resistance and related issues: An overview of Bangladesh situation

    Directory of Open Access Journals (Sweden)

    Md. Sayedur Rahman

    2014-06-01

    Full Text Available The present study was designed to understand Bangladesh situation about antimicrobial resistance. Half of the Escherichia coli, Staphylococcus aureus, Pseudomonas and Klebsiella showed resistance against older and common antimicrobials. Most (50% common reasons to prescribe antimicrobial are fever, respiratory and urinary tract infection. About 70% prescriber mentioned diagnostic uncertainty and emergence of resistance as causes for increase in antimicrobial prescribing. 51.9% of prescribers opined that physicians prescribe antimicrobial more than the actual need. About two-third of 5th year medical students answered correctly on different issues related to antimicrobials and resistance. Antimicrobial and resistance received little emphasis in Pharmacology and Microbiology written questions at both undergraduate (0.7 to 16.1% and postgraduate (0.9 to 18.4% level. Print (0.02% to 2.0% and electronic media (0.0 to 0.6% attaches small importance on the issues. Nothing related to ‘antimicrobials’ and ‘measure to contain resistance’ were mentioned in related policy documents.

  2. Codes of practice and related issues in biomedical waste management

    Energy Technology Data Exchange (ETDEWEB)

    Moy, D.; Watt, C. [Griffith Univ. (Australia)

    1996-12-31

    This paper outlines the development of a National Code of Practice for biomedical waste management in Australia. The 10 key areas addressed by the code are industry mission statement; uniform terms and definitions; community relations - public perceptions and right to know; generation, source separation, and handling; storage requirements; transportation; treatment and disposal; disposal of solid and liquid residues and air emissions; occupational health and safety; staff awareness and education. A comparison with other industry codes in Australia is made. A list of outstanding issues is also provided; these include the development of standard containers, treatment effectiveness, and reusable sharps containers.

  3. The Gwadar Port Issue in Sino-U.S. Relations

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    Because of its unique geopolitical importance,China's aid to construct Gwadar Port has caused much concern in the U.S. and other countries. The U.S. sees it as strategic expansion in the Indian Ocean and claims that China is intent on using Gwadar Port as a naval base in its "string of pearls strategy." The U.S. and China maintain conflicting interests on this issue. Although Sino-U.S.relations may not be affected greatly in the near future, the negative influence in the long term cannot be ignored.

  4. 劳资关系法治化问题研究%On the Legalization of Employee-employer Relations

    Institute of Scientific and Technical Information of China (English)

    马军卫

    2012-01-01

    The legalization of employee-employer relations,embody in order employee-employer relations realize the process ruling by law,this has important significance to building a harmonious and stable labor relations,and promoting scientific development and social harmony.Current our country employee-employer relations are in low level stable state as a whole,based on various reasons,the degree of the legalization of employee-employer relations still insist to hang down.To promote the process of the legalization of employee-employer relations of our country,setting up correct idea is a premise,reinforcing main body consciousness is a basis,perfecting adjustment mechanism is key,strengthening the legal system construction is to ensure.%劳资关系法治化,体现为劳资关系实现法治状态的过程,对构建和谐稳定的劳资关系,推动科学发展,促进社会和谐,具有重要意义。当前,我国劳资关系总体上处于低水平稳定状态,基于多方原因,劳资关系法治化程度依旧较低。因此,推进我国劳资关系法治化进程,树立正确理念是前提,加强主体自觉是基础,完善调整机制是关键,加强法制建设是保障。

  5. MEDIATION AGREEMENTS LEGAL MODEL

    Directory of Open Access Journals (Sweden)

    Alexander Ponomarev

    2015-07-01

    Full Text Available This article focuses on the legal model of mediation agreements in Russian and international legislation. The authors consider the main provisions of the mediation agreements in civil matters, in particular, is defined by such features of the legal model as the requirements for this type of agreements. In addition, the article discusses the problematic issues of implementation of mediation agreements.

  6. International Legal and Ethical Challenges Related to the Use and Development of 3D Technology in the U.S. and China

    OpenAIRE

    Kimberley Kinsley; Gail Brooks; Tim Owens

    2014-01-01

    Ethical and legal uses of technology should be addressed when a new technology gains popularity. The main focus of this research is to provide a detailed discussion of the legal and ethical issues pertaining to the use of 3D technology. Recent court cases provide examples of current and potential concerns associated with this technology from a consumer and business perspective. With the growing interest in 3D technology worldwide, especially in China, a discussion of similar laws in China rel...

  7. 法人主体相对性研究%Study on Relativity of Legal Person’ s Subjectivity

    Institute of Scientific and Technical Information of China (English)

    庞春祥

    2014-01-01

    The group personified subjectivity is the basis of civil law ’ s dual structure of subjects .The concepts of natural persons and legal persons as equal subjects stand in dominant position in academic and leg -islative language in the Continental system .By means of legal techniques such as holistic abstraction and indi-vidualized construction , the legal person group as collectives has gained fundamental status of subjects as equal as natural persons by concealing its collective and social features , which will result in great harm .The theory on the relativity of legal person ’ s subjectivity discloses the technical and non -basic feature of legal persons which only matters in form and cannot be analogized with natural persons .The theory also analyzes the collec-tive and technical intelligence feature of the legal person ’ s nature , and by taking companies for instance , ex-plicates the relativity of “life and death”, the independent relativity , and the essentially technical intelligence for legal persons .Therefore , this theory offers ideological basis and fundamental guidelines for further under-standing of the subject form , the objective transaction control and reality of non -independent relation of legal persons so as to make substantial reflections on legal person system and its perfection .%团体拟人主体化是民法二元主体结构形成的基础,作为平等主体的自然人和法人概念在大陆法系学术和立法语言中占据统治地位。作为集合体的法人团体经法技术的整体化抽象和个体化拟制,已然取得了同自然人一样的基础主体地位,掩盖了其群体性和社会性本质,危害甚巨。法人主体相对性思想揭示了法人主体的技术性、非基础性和难以同自然人类比的形式意义;分析了法人本质的集体性和技术智能工具性,并以公司法人为例阐释了法人的“生死”相对性、独立相对性和本质上的技术智能工具性

  8. CONSIDERATIONS REGARDING THE INFLUENCE OF LEGAL COMMUNICATION FROM THE PERSPECTIVE OF NATURAL LAW

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2016-05-01

    Full Text Available This article addresses the issue of legal communication within natural law. Law has an important role, in relation to civilization and legal culture and one of the means through which law influences both culture and civilization is legal communication. The patterns of legal communication should be analyzed from the perspective of all important schools of legal thought: natural law, legal positivism, historical school of law etc. In this paper, the perception of law, through legal communication, within natural law is discussed and analyzed, from the principles and statements of Aristotle to the writings of St. Bernard of Clairvaux, St. Thomas Aquinas and later to the theories of Hugo Grotius. This study also aims to prove that the difference between legal communication within the major schools of legal thought does not regard the essence of communication or the various principles of law, but merely the perception of law, which varies from one school of thought to another.

  9. Complexity Triggered by Economic Globalisation— The Issue of On-Line Betting-Related Match Fixing

    Directory of Open Access Journals (Sweden)

    Wladimir Andreff

    2017-02-01

    Full Text Available Complexity in mainstream economics consists in high intermediary consumption of mathematics. A new approach to complexity economics dwells upon path-dependent global systems; their emergence and evolving organisation. The focus here is on the complexity of the real economic world due to globalisation. On-line betting related match-fixing is a case in point about which the article presents non-exhaustive empirical evidence and shows how it is analysed with the standard model of the economics of crime. There is no room for complexity in such an individualistic approach to corrupt behaviour applied to bet-related fixes. A more complex model is sketched based on interactions between a global (though underground market for fixes and the actual partly legal, partly illegal global sport betting market. These interactions exhibit how complex is the issue of combating betting-related match fixing. Reviewing those major policies envisaged for containing the latter—prohibition; sanctions; regulation; privatisation (betting rights—the article opts for a global ‘Sportbettobin’ tax on sport betting gains; in the same vein as the famous Tobin tax on international capital transfers. The novelty in this approach is a variable (increasing rate applied to increasing tranches of taxation (gains which should dry up the worst cases of on-line bettingrelated match fixing.

  10. 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.…

  11. 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.

  12. Renewable energy and the function of law : a comparative study of legal rules related to the planning, location and installation of windmills

    Energy Technology Data Exchange (ETDEWEB)

    Pettersson, Maria

    2008-11-15

    Swedish energy policy relies heavily on the promotion of renewable energy, in particular wind power. Notwithstanding a substantial political and economic support for this development, the installed capacity of wind power in Sweden remains fairly small both in relation to the corresponding development in other countries and in absolute numbers. The starting point for this study is that the implementation of a planning policy, such as the Swedish development goal for wind power, is partly dependent on the requirements of the law. In other words, in the face of supposedly strong economic incentives to promote wind power, barriers to the implementation might be found embedded in the institutional system. The purpose of this study is thus, primarily, to describe and analyse the function of Swedish law with reference to the implementation of renewable energy policy objectives, with focus on the development of wind power. This involves legal rules related to planning, location and operation of windmills. The legal system is evaluated in respect of its capacity to facilitate or impede the development of wind power. Secondly, the study includes a comparative analysis of the corresponding legal functions in Denmark, Norway and England. The result of the analysis of Swedish law indicates that the legal system governing the implementation process encompasses barriers to the development of wind power. The main obstacles are found in the system for physical planning and the concession system, although quite a few hindering individual provisions have also been disclosed. The lack of sufficient control functions together with an extensive municipal power creates an unpredictable and ineffective planning system that basically lacks confidence for an efficient implementation of wind power. The installation of windmills may further require as many as five different types of permits, which risks to seriously hamper the development due to lengthy processes and appeals. Among the

  13. 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.

  14. High temperature corrosion issues in energy-related systems

    Directory of Open Access Journals (Sweden)

    Stringer John

    2004-01-01

    Full Text Available The large majority of electric power that is generated world-wide involves heat engines of one kind or another. The significant exceptions are hydroelectric generation; wind; and photovoltaics. The thermal sources for the heat engines include: fossil fuels, nuclear fission, biomass, geothermal sources, and solar radiation. There has been a progressive move to higher overall cycle efficiencies for at least one hundred years, and in the case of fossil fuels this has accelerated recently in part because of concerns about greenhouse gas emissions, notably CO2. For a heat engine, the overall efficiency is closely related to the difference between the highest temperature in the cycle and the lowest temperature. In most cases, this has resulted in an increase in the high temperature, and this in turn has led to increasing demands on the materials of construction used in the high temperature end of the systems. One of the issues is the chemical degradation because of reactions between the materials of construction and the environments to which they are exposed: this is high temperature corrosion. This paper will describe the issues for a range of current heat engines.

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

    Directory of Open Access Journals (Sweden)

    Ovidiu-Horia Maican

    2009-12-01

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

  16. FINANCIAL AND LEGAL RELATIONSHIP AND THE LEGAL REGULATION

    Directory of Open Access Journals (Sweden)

    Tkebuchava Yekaterina Bezhanovna

    2013-04-01

    Full Text Available This article considers the problems of financial and legal relationship and legal regulation. The financial activities of the state can not be carried out beyond the legal relations. Financial relations are expressed outwardly in the forms that are identified by the state as it is connected with the fact of its existence. With the help of law the state in the financial sphere determines and sets the types of budget revenues, taxation procedures, methods of currency use, etc. Administrative and legal regulation of financial relations is made up of such components as financial and legal relationships and legal regulation. This is why the concepts of "legal effect" and "legal regulation" come to the fore. According to the author, the term "legal regulation" and "legal effect" are not identical and have different meanings. Therefore it is necessary to distinguish between the "regulation" and "effect". This would eliminate naming the same thing with different words.

  17. Effect of splenectomy on liver cirrhosis and related surgical issues

    Directory of Open Access Journals (Sweden)

    KONG Degang

    2016-12-01

    Full Text Available Patients with liver fibrosis and cirrhosis experience certain changes in spleen morphology and function, and there is always a controversy over whether to perform splenectomy in patients with liver cirrhosis. As a surgical treatment of recurrent portal hypertension complicated by esophagogastric variceal bleeding, splenectomy can reduce portal venous pressure, reduce the possibility of gastrointestinal bleeding, and correct the reduced white blood cell count and platelet count. It can also protect the liver by improving liver function, promoting regeneration of hepatocytes, and inhibiting the progression of liver fibrosis. With reference to available clinical and laboratory data, this article reviews the effect of splenectomy on the cirrhotic liver and related issues such as selection of surgical procedures and prevention and treatment of postoperative complications, in order to promote splenectomy in patients with liver cirrhosis.

  18. Environmental Issues Related to Chemical Fertilizer Use in China

    Institute of Scientific and Technical Information of China (English)

    CAOZHIHONG

    1996-01-01

    The current status of chemical fertilizers production and consumption in China as well as their important roles in Chinese modern agriculture are discussed with special concerns to the environmental issues related to chemical fertilizer use.On the one hand.the total amount of chemical fertilizer produced is insufficient to meet the agricultural needs.On the other hand.the production and consumption of chemical fertilizers in China are obviously not balanced.In some areas over application of nitrogen fertilizers and loss of phosphate fertilizer due to soil erosion have resulted in some undesirable environmental problems such as increase of nitrate in water and eutrophication of water bodies.Maximum scientific uses of organic manures in combination with reasonable use of chemical fertilizers are part of good practices not only in increasuing soil productivity and keeping sustainable agriculture development but also in minimizing their detrimental effects on the environment.

  19. Niche applications of metal hydrides and related thermal management issues

    Energy Technology Data Exchange (ETDEWEB)

    Lototskyy, M., E-mail: mlototskyy@uwc.ac.za [HySA Systems Competence Centre, South African Institute for Advanced Materials Chemistry, Faculty of Natural Sciences, University of the Western Cape, Private Bag X17, Bellville 7535 (South Africa); Satya Sekhar, B. [HySA Systems Competence Centre, South African Institute for Advanced Materials Chemistry, Faculty of Natural Sciences, University of the Western Cape, Private Bag X17, Bellville 7535 (South Africa); Muthukumar, P. [Mechanical Department, Indian Institute of Technology Guwahati, Guwahati 781039 (India); Linkov, V.; Pollet, B.G. [HySA Systems Competence Centre, South African Institute for Advanced Materials Chemistry, Faculty of Natural Sciences, University of the Western Cape, Private Bag X17, Bellville 7535 (South Africa)

    2015-10-05

    Highlights: • MH H{sub 2} storage, compression & heat management: developments/thermal management. • Thermodynamic criteria for proper selection of MH for different gas phase applications. • Factors influencing on H{sub 2} charge/discharge dynamic performance and energy efficiency. • The improvement of MH heat transfer characteristics is crucial. • Ways of improvement of heat transfer in the MH systems. - Abstract: This short review highlights and discusses the recent developments and thermal management issues related to metal hydride (MH) systems for hydrogen storage, hydrogen compression and heat management (refrigeration, pump and upgrade, etc.). Special attention is paid to aligning the system features with the requirements of the specific application. The considered system features include the MH material, the MH bed on the basis of its corresponding MH container, as well as the layout of the integrated system.

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

    Science.gov (United States)

    Imataka, G; Arisue, K

    2016-01-01

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

  1. Several Legal Issues about Graduation Practice and Employment Agreement%毕业实习与就业协议书的几个法律问题思考

    Institute of Scientific and Technical Information of China (English)

    王彩萍

    2013-01-01

    大学毕业生常将毕业前的实习视为自己未来的就业前站,而毕业实习生与实习单位以及所在院校签署的就业协议书的法律性质却常常被人们所忽略。用人单位降低成本的做法,也常伤及大学生的劳动权益。如何看待毕业实习、就业协议书与劳动合同的法律地位,确属相关当事方必须明确的几个问题。%College graduates usually regard graduation practice as the previous stop of the future employment. However, the legal nature of the employment agreement signed by graduates, practice unit and the college is often ignored by people. The employer's measures to reduce cost often damage graduates' labor rights. How to treat the legal status of graduation practice, employment agreement and labor contract is the issue that must be clear with related parties.

  2. Issues related to a programme of activities under the CDM

    Energy Technology Data Exchange (ETDEWEB)

    Ellis, J.

    2006-05-15

    Emissions of CO2 from the energy and land-use change and forestry sectors are responsible for the majority of emissions in non-Annex I Parties to the UNFCCC. Tackling greenhouse gas (GHG) emissions from these sectors is a key to slowing the growth in GHG emissions in non-Annex I countries. Implementing Clean Development Mechanism (CDM) projects can help achieve this aim, while also assisting non-Annex I countries to move towards sustainable development and Annex I countries achieve their emission commitments under the Kyoto Protocol. There has been rapid progress in the CDM over the last year - in terms of the number of projects in the pipeline and registered, and in terms of credits issued. However, some important sectors are notable by their small share in the CDM portfolio. Several countries have also called attention to the need to accelerate the process of approving CDM methodologies and projects. In order to improve the effectiveness of the CDM to achieve its dual objectives, the COP/MOP agreed a decision on 'further guidance relating to the clean development mechanism. This decision lays out guidance on how to improve the operation of the CDM, and includes provisions that allow: (1) Bundling of project activities; and (2) Project activities under a programme of activities, to be registered as a CDM project activity. At present, of the 172 currently registered CDM project activities, 27 involve programmes or bundles. These project activities can include more than one project type, be implemented in several locations, and/or occur in more than one sector. This paper assesses how project activities under a programme of activities under the CDM (referred to here as PCDM) could help to increase the effectiveness of the CDM by encouraging a wide spread of emission mitigation activities. This paper also explores the key issues that may need to be considered for the PCDM concept to be further implemented. The paper concludes that: (1) Key concepts and issues

  3. Addressing security issues related to virtual institute distributed activities

    Science.gov (United States)

    Stytz, Martin R.; Banks, Sheila B.

    2008-03-01

    One issue confounding the development and experimentation of distributed modeling and simulation environments is the inability of the project team to identify and collaborate with resources, both human and technical, from outside the United States. This limitation is especially significant within the human behavior representation area where areas such as cultural effects research and joint command team behavior modeling require the participation of various cultural and national representatives. To address this limitation, as well as other human behavior representation research issues, NATO Research and Technology Organization initiated a project to develop a NATO virtual institute that enables more effective and more collaborative research into human behavior representation. However, in building and operating a virtual institute one of the chief concerns must be the cyber security of the institute. Because the institute "exists" in cyberspace, all of its activities are susceptible to cyberattacks, subterfuge, denial of service and all of the vulnerabilities that networked computers must face. In our opinion, for the concept of virtual institutes to be successful and useful, their operations and services must be protected from the threats in the cyber environment. A key to developing the required protection is the development and promulgation of standards for cyber security. In this paper, we discuss the types of cyber standards that are required, how new internet technologies can be exploited and can benefit the promulgation, development, maintenance, and robustness of the standards. This paper is organized as follows. Section One introduces the concept of the virtual institutes, the expected benefits, and the motivation for our research and for research in this area. Section Two presents background material and a discussion of topics related to VIs, uman behavior and cultural modeling, and network-centric warfare. Section Three contains a discussion of the

  4. 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

  5. Meeting the challenges related to material issues in chemical industries

    Indian Academy of Sciences (India)

    Baldev Raj; U Kamachi Mudali; T Jayakumar; K V Kasiviswanathn; K Natarajan

    2000-12-01

    Reliable performance and profitability are two important requirements for any chemical industry. In order to achieve high level of reliability and excellent performance, several issues related to design, materials selection, fabrication, quality assurance, transport, storage, inputs from condition monitoring, failure analysis etc. have to be adequately addressed and implemented. Technology related to nondestructive testing and monitoring of the plant is also essential for precise identification of defect sites and to take appropriate remedial decision regarding repair, replacement or modification of process conditions. The interdisciplinary holistic approach enhances the life of critical engineering components in chemical plants. Further, understanding the failure modes of the components through the analysis of failed components throws light on the choice of appropriate preventive measures to be taken well in advance, to have a control over the overall health of the plant. The failure analysis also leads to better design modification and condition monitoring methodologies, for the next generation components and plants. At the Indira Gandhi Centre for Atomic Research (IGCAR), Kalpakkam, a unique combination of the expertise in design, materials selection, fabrication, NDT development, condition monitoring, life prediction and failure analysis exists to obtain desired results for achieving high levels of reliability and performance assessment of critical engineering components in chemical industries. Case studies related to design, materials selection and fabrication aspects of critical components in nuclear fuel reprocessing plants, NDT development and condition monitoring of various components of nuclear power plants, and important failure investigations on critical engineering components in chemical and allied industries are discussed in this paper. Future directions are identified and planned approaches are briefly described.

  6. Attitudes toward Euthanasia and Related Issues among Physicians and Patients in a Multi-cultural Society of Malaysia.

    Science.gov (United States)

    Rathor, Mohammad Yousuf; Abdul Rani, Mohammad Fauzi; Shahar, Mohammad Arif; Jamalludin, A Rehman; Che Abdullah, Shahrin Tarmizi Bin; Omar, Ahmad Marzuki Bin; Mohamad Shah, Azarisman Shah Bin

    2014-07-01

    Due to globalization and changes in the health care delivery system, there has been a gradual change in the attitude of the medical community as well as the lay public toward greater acceptance of euthanasia as an option for terminally ill and dying patients. Physicians in developing countries come across situations where such issues are raised with increasing frequency. As euthanasia has gained world-wide prominence, the objectives of our study therefore were to explore the attitude of physicians and chronically ill patients toward euthanasia and related issues. Concomitantly, we wanted to ascertain the frequency of requests for assistance in active euthanasia. Questionnaire based survey among consenting patients and physicians. The majority of our physicians and patients did not support active euthanasia or physician-assisted suicide (EAS), no matter what the circumstances may be P < 0.001. Both opposed to its legalization P < 0.001. Just 15% of physicians reported that they were asked by patients for assistance in dying. Both physicians 29.2% and patients 61.5% were in favor of withdrawing or withholding life-sustaining treatment to a patient with no chances of survival. Among patients no significant differences were observed for age, marital status, or underlying health status. A significant percentage of surveyed respondents were against EAS or its legalization. Patient views were primarily determined by religious beliefs rather than the disease severity. More debates on the matter are crucial in the ever-evolving world of clinical medicine.

  7. Call for Papers for a special issue/section on Environmental Economics and Related Issues in China

    Institute of Scientific and Technical Information of China (English)

    2015-01-01

    (Deadline:15 December 2015)Economic and Political Studies(EPS,ISSN 2095-4816),a biannual journal published by Renmin University of China,calls for papers for a special issue/section on "Environmental Economics and Related Issues in China."China is facing an enormous challenge in environment destruction,which has severely

  8. Conceptual issues specifically related to health-related quality of life in critically ill patients

    NARCIS (Netherlands)

    Hofhuis, Jose G. M.; van Stel, Henk F.; Schrijvers, Augustinus J. P.; Rommes, Johannes H.; Bakker, Jan; Spronk, Peter E.

    2009-01-01

    During recent years increasing attention has been given to the quality of survival in critical care. Health-related quality of life (HRQOL) is an important issue both for patients and their families. Furthermore, admission to the intensive care unit can have adverse psychological effects in critical

  9. The Concept of Cultural Relativity in Moral Judgments Concerning Gender-Related Issues.

    Science.gov (United States)

    Boyd, D. R.; And Others

    The comparative study was designed to determine whether cultural relativism and ethical reasoning develop in a hierarchical manner when applied to culturally different phenomena. The phenomena investigated were moral judgments concerning gender-related issues. Thirty-six first through sixth-grade students from two private schools and 130…

  10. EPA's Reanalysis of Key Issues Related to Dioxin Toxicity and ...

    Science.gov (United States)

    EPA is releasing for external peer review and public comment an important draft document reviewing the literature on the health effects of dioxin and related compounds (also referred to as 2,3,7,8-Tetrachlorodibenzo-p-dioxin). At the request of Administrator Jackson, EPA is in the process of re-assessing the science on the effects of dioxin, a toxic chemical that is emitted by multiple sources, on the public’s health. This draft dioxin report is EPA’s response to key comments and recommendations made by the National Academy of Sciences on the Agency’s draft dioxin reassessment. This assessment has been in progress for many years and raises health issues of broad interest to scientists and policymakers across the federal family. The Agency’s draft report includes significant new analyses on potential cancer and non-cancer human health effects that may result from exposures to dioxins and includes an oral reference dose for what is considered to be the most toxic of the dioxin-like compounds. EPA’s Science

  11. Monitoring asthma in childhood: management-related issues

    Directory of Open Access Journals (Sweden)

    Bart L. Rottier

    2015-06-01

    Full Text Available Management-related issues are an important aspect of monitoring asthma in children in clinical practice. This review summarises the literature on practical aspects of monitoring including adherence to treatment, inhalation technique, ongoing exposure to allergens and irritants, comorbid conditions and side-effects of treatment, as agreed by the European Respiratory Society Task Force on Monitoring Asthma in Childhood. The evidence indicates that it is important to discuss adherence to treatment in a non-confrontational way at every clinic visit, and take into account a patient's illness and medication beliefs. All task force members teach inhalation techniques at least twice when introducing a new inhalation device and then at least annually. Exposure to second-hand tobacco smoke, combustion-derived air pollutants, house dust mites, fungal spores, pollens and pet dander deserve regular attention during follow-up according to most task force members. In addition, allergic rhinitis should be considered as a cause for poor asthma control. Task force members do not screen for gastro-oesophageal reflux and food allergy. Height and weight are generally measured at least annually to identify individuals who are susceptible to adrenal suppression and to calculate body mass index, even though causality between obesity and asthma has not been established. In cases of poor asthma control, before stepping up treatment the above aspects of monitoring deserve closer attention.

  12. Material issues relating to high power spallation neutron sources

    Science.gov (United States)

    Futakawa, M.

    2015-02-01

    Innovative researches using neutrons are being performed at the Materials and Life Science Experimental Facility (MLF) at the Japan Proton Accelerator Research Complex (J-PARC), in which a mercury target system is installed for MW-class pulse spallation neutron sources. In order to produce neutrons by the spallation reaction, proton beams are injected into the mercury target. At the moment, when the intense proton beam hits the target, pressure waves are generated in mercury because of the abrupt heat deposition. The pressure waves interact with the target vessel, leading to negative pressure that may cause cavitation along the vessel wall, i.e. on the interface between liquid and solid metals. On the other hand, the structural materials are subjected to irradiation damage due to protons and neutrons, very high cycle fatigue damages and so-called "liquid metal embrittlement". That is, the structural materials must be said to be exposed to the extremely severe environments. In the paper, research and development relating to the material issues in the high power spallation neutron sources that has been performed so far at J-PARC is summarized.

  13. Relating realist metatheory to issues of gender and mental health.

    Science.gov (United States)

    Bergin, M; Wells, John S G; Owen, Sara

    2010-06-01

    This paper seeks to advance the debate that considers critical realism as an alternative approach for understanding gender and mental health and its relatedness to mental health research and practice. The knowledge base of how 'sex' and 'gender' affect mental health and illness is expanding. However, the way we conceptualize gender is significant and challenging as quite often our ability to think about 'gender' as independent of 'sex' is not common. The influences and interplay of how sex (biological) and gender (social) affect mental health and illness requires consideration. Critical realism suggests a shared ontology and epistemology for the natural and social sciences. While much of the debate surrounding gender is guided within a constructivist discourse, an exploration of the concept 'gender' is reflected on and some key realist propositions are considered for mental health research and practice. This is achieved through the works of some key realist theorists. Critical realism offers potential for research and practice in relation to gender and mental health because it facilitates changes in our understanding, while simultaneously, not discarding that which is already known. In so doing, it allows the biological (sex) and social (gender) domains of knowledge for mental health and illness to coexist, without either being reduced to or defined by the other. Arguably, greater depth and explanations for gender and mental health issues are presented within a realist metatheory.

  14. Do medical students require education on issues related to plagiarism?

    Science.gov (United States)

    Varghese, Joe; Jacob, Molly

    2015-01-01

    In the course of our professional experience, we have seen that many medical students plagiarise. We hypothesised that they do so out of ignorance and that they require formal education on the subject. With this objective in mind, we conducted a teaching session on issues related to plagiarism. As a part of this, we administered a quiz to assess their baseline knowledge on plagiarism and a questionnaire to determine their attitudes towards it. We followed this up with an interactive teaching session, in which we discussed various aspects of plagiarism. We subjected the data obtained from the quiz and questionnaire to bivariate and multivariate analysis. A total of 423 medical students participated in the study. Their average score for the quiz was 4.96±1.67 (out of 10). Age, gender and years in medical school were not significantly associated with knowledge regarding plagiarism. The knowledge scores were negatively correlated with permissive attitudes towards plagiarism and positively correlated with attitudes critical of the practice. Men had significantly higher scores on permissive attitudes compared to women . In conclusion, we found that the medical students' knowledge regarding plagiarism was limited. Those with low knowledge scores tended to have permissive attitudes towards plagiarism and were less critical of the practice. We recommend the inclusion of formal instruction on this subject in the medical curriculum, so that this form of academic misconduct can be tackled.

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

    Science.gov (United States)

    Sommerfeld, J; Oduola, A M J

    2007-01-01

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

  16. [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

  17. The Analysis on Legal Issues of Farmland Circulation%农地流转法律问题探析

    Institute of Scientific and Technical Information of China (English)

    李淑慧; 张晶

    2016-01-01

    农地流转是保障国家粮食充足、实现农业现代化、提高农民生活水平的重要举措。然而,农地流转存在土地所有权主体虚位、土地流转程序不规范、土地市场中介组织不完善等众多障碍。因此,采取完善农地产权制度、规范农地流转行为等一系列措施将有效健全农地流转制度,推动农地合理、有序流转。%Farmland circulation is the important measure to safeguard sufficient national food, realize agricultural modernization, and improve farmers' living standard. However, there are some issues in the process of farmland circulation, such as the absence of the subject of land ownership, non-standard land transfer procedures, imperfect land market intermediary organization. Therefore, to adopt a series of measures to improve the rural land property rights system and regulate the rural land transfer behavior will effectively improve the rural land transfer system, and promote the rational and orderly transfer of agricultural land.

  18. Rape-related Pregnancy In Brazil: The Experience Of Women Seeking Legal Abortion [gravidez Após Violência Sexual: Vivências De Mulheres Em Busca Da Interrupção Legal] [embarazo Tras Actos De Violencia Sexual: Experiencias De Mujeres En Búsqueda De La Interrupción Legal

    OpenAIRE

    Machado C.L.; Fernandes A.M.S.; Osis M.J.D.; Makuch M.Y.

    2015-01-01

    In Brazil, abortion is permitted by law in cases of rape-related pregnancy. This study reports on various aspects in the experience of women that have been sexually assaulted: diagnosis of the pregnancy, seeking legal abortion, and hospitalization in a university hospital. This was a qualitative study that interviewed ten women 18 to 38 years of age, with at least eight years of schooling, one to five years after legal abortion. The women had been previously unaware of their right to a legal ...

  19. 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.

  20. 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…

  1. 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…

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

    Energy Technology Data Exchange (ETDEWEB)

    Garcia Ruiz, T.

    2007-07-01

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

  3. The Burma Issue in Sino-U.S. Relations

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    In January 2007, China and Russia vetoed a UN draft resolution on Burma with the result that the Burma issue has become yet another point of conflict between the U.S. and China. Although the Burma issue has been present for nearly 20 years, China and the U.S. have both successfully kept their differences under control. In the short term, it is unlikely that conflict will break out between China and U.S. over Burma. However, in the long term,there is still the possibility that the Burma issue could trigger a conflict between China and the U.S..

  4. Central Issue Facility at Fort Benning and Related Army Policies

    Science.gov (United States)

    2010-06-21

    such as boots, T-shirts, underwear, and socks , are not required to be returned. G-4 (Logistics) personnel informed us that the PPG is currently under...of this process slipped to June 1, 2010. This CIF is intended to provide issue,2 2 Issue means...0 Yes Elbow Pads 1 0 0 Yes Glove System, Summer 1 0 0 No Glove System, Intermediate 1 0 0 No T-Shirts, Moist Wick 0 0 4 No Socks , Cotton 0 0 4

  5. Mexico-U.S. Relations: Issues for Congress

    Science.gov (United States)

    2010-06-03

    commercial and cultural ties and cooperation on a range of bilateral and international issues. In recent years, security issues have dominated the...an American filmmaker who was shot while documenting civil unrest in Oaxaca . As of December 2009, none of the 2,500 police officers who had...somewhat low-cost supplier of wind energy coming from the states of Oaxaca and Baja California. Some also argue that renewable energy projects could

  6. A Study of Counselors' Legal Challenges and Their Perceptions of Their Ability to Respond

    Directory of Open Access Journals (Sweden)

    MARY A. HERM

    2008-08-01

    Full Text Available The authors explore the results of a study that assessed the types and frequency of legal issues encountered by counselors and counselors’ perceptions of their ability to respond to these issues. They also assessed whether the participants’ perceptions were related to practice setting, years of experience, completion of a course in ethics, recent completion of continuing education in ethics or legal issues, state licensure status, certification by the National Board of Certified Counselors (NBCC, and highest degree earned. Results demonstrate that counselors feel most prepared to deal with situations encountered most often, but that school counselors do not feel as prepared to face most ethical and legal issues.

  7. Knowledge of laws regulating issues related to HIV and AIDS: development of the HIV/AIDS and the law scale.

    Science.gov (United States)

    Paniagua, F A; Black, S A; O'Boyle, M; Jones, P

    1999-06-01

    42 middle-aged and older adults, ranging in age from 51 to 85 years, completed 10 items dealing with the assessment of knowledge regarding laws regulating issues related to HIV and AIDS. Participants also completed 40 items involving knowledge of risks for HIV infection. The Cronbach coefficient alpha and test-retest reliability coefficient on the HIV/AIDS and the Law Scale were .74 and .83, respectively. Over-all, the grand mean for correct answers was 46.9%, whereas the grand means for incorrect answers and "don't know" responses were 13.6% and 39.5%, suggesting substantial lack of knowledge of laws regulating issues related to HIV and AIDS. Women (50%) and younger participants (51 to 66 years old; 48.2%) showed more of this knowledge (50%) than men (43.0%) and older participants (46.2%). The sample reported a substantial amount of knowledge regarding HIV transmission assessed with factual (92.2% correct) and misconception (87.5% correct) items. The correlation between this knowledge and knowledge of laws regulating issues related to HIV and AIDS was .42 (p young adults as well as the utility of the scale in areas of clinical, legal, and policy development are discussed.

  8. Employed Farmers in the Pearl River Delta and Related Issues

    Institute of Scientific and Technical Information of China (English)

    2012-01-01

    As a special weak group in agricultural floating population,employed farmers make special historic contribution to socio-economic development of the Pearl River Delta.However,employed farmers are faced with survival difficulties,which lead to a series of social issues.From historical origin,current situations and social issues,we put forward countermeasures to solve problems of employed farmers:solve the household registration of employed farmers;raise the compensation standard of land expropriation and demolition;cancel the admission threshold;provide reemployment guidance;and establish management funds of employed farmers.

  9. ECONOMIC AND LEGAL MECHANISMS TO COUNTER TERRORIST THREATS

    Directory of Open Access Journals (Sweden)

    G. V. Startsev

    2010-01-01

    Full Text Available Issues related to problems arising while using economic and legal facilities of counteraction to terroristic threats in Russian Federation A complex of. key national safety maintenance matters vital in modern conditions is analyzed. Particular attention is paid to economic and financial safety in interrelation with issues common to counteraction to organized and economic criminality, corruption and terrorism.

  10. Legal Issues for User-generated Content to Face in Web 2.0%Web2.0环境下用户生成内容面临的法律问题

    Institute of Scientific and Technical Information of China (English)

    龚立群; 方洁

    2012-01-01

    The rapid growth of User-generated Content provides a great opportunity for the average users and business Web sites,but it also brings a serious of Legal Issues.Firstly researches on legal issues of UGC at home and abroad are introduced,and then legal issues of UGC which include intellectual property rights violations,privacy violations,hate speech,libel,online pornography and other legal issues are analyzed,also defects of legal,regulatory and technical are analyzed,finally countermeasures and suggestions are proposed from the perspective of the parties involved.%用户生成内容的迅速增长,为普通用户和商业网站提供了巨大的机会,但同时也带来了一系列法律问题。本文首先介绍了国内外用户生成内容面临的法律问题研究现状;其次对用户生成内容带来的知识产权侵权、隐私侵犯、仇恨言论、诽谤、网络色情等法律问题进行了分析;同时也分析了用户生成内容规范过程中所面临的法律、法规及技术的缺陷;最后从各参与方角度,提出了用户生成内容所带来的法律问题对策建议。

  11. LEGAL CONSCIOUSNESS AND LEGAL CULTURE

    OpenAIRE

    BOSHNO SVETLANA

    2016-01-01

    This chapter of the course manual in jurisprudence discloses the notion of legal consciousness. Comprehending law, legislation, principal state and legal institutes manifests itself in law enforcement. One shouldn't absolutize the role of legislation as it is, since it is only after texts of normative acts go through the prism of legal consciousness of the actor's personality, they convert into some behaviour patterns. Legal consciousness has a definite structure, it is divided into levels. L...

  12. Revised classification/nomenclature of vitiligo and related issues: the Vitiligo Global Issues Consensus Conference

    OpenAIRE

    2012-01-01

    During the 2011 International Pigment Cell Conference (IPCC), the Vitiligo European Taskforce (VETF) convened a consensus conference on issues of global importance for vitiligo clinical research. As suggested by an international panel of experts, the conference focused on four topics: classification and nomenclature; definition of stable disease; definition of Koebner’s phenomenon (KP); and ‘autoimmune vitiligo’. These topics were discussed in seven working groups representing different geogr...

  13. Teacher-Student Sexual Relations: Key Risks and Ethical Issues

    Science.gov (United States)

    Sikes, Pat

    2010-01-01

    Researching actual or purported sexual contact between teachers and students raises many difficult ethical issues, questions and dilemmas, which may help to explain why few have ventured into the field. This experientially based paper addresses key problem areas under the headings of: the ethics of researching a sensitive taboo topic; the ethics…

  14. Current issues in libraries, information science and related fields

    CERN Document Server

    Woodsworth, Anne

    2015-01-01

    This volume is unusual in that the theme is quite broad in scope yet focused on a specific topic; innovations and boundary-pushing studies in areas not usually found in library literature. It examines the periphery of the field surveyed in previous volumes. The chapters are grouped in two categories: professional issues and transforming services.

  15. Methodological issues in HIV-related social research in Nigeria.

    Science.gov (United States)

    Erinosho, Olayiwola; Joseph, Richard; Isiugo-Abanihe, Uche; Dike, Nkem; Aderinto, Adeyinka A

    2013-12-01

    This paper is about methodological issues in a community-wide study in Nigeria on an infectious disease, namely HIV/AIDS. The study was designed to ascertain the risk factors that contribute to the spread of HIV/AIDS and how that can be tackled in order to bring about behavioural change. The research team believed at the onset that a study on the interplay between HIV/AIDS and sensitive issues like sexual mores and sexuality requires much more than a straightjacket social science method, such as simply doing a cross-section study and/or using interview schedule. This paper reviews the essence of cross-disciplinary approach; team building; as well as the use of a non-participatory observational approach in data collection. It also shows why ample consideration was given to ethical issues which are often glossed over in social research in developing countries. The lessons from the study underscore the methodological imperatives in social research that focus on sensitive issues in largely non-literate context like Nigeria. Although there are formidable challenges in community-based studies in largely non-literate societies, nevertheless they could easily be surmounted if there are ample time and resources to navigate the various sticking points.

  16. Relating Social Inclusion and Environmental Issues in Botanic Gardens

    Science.gov (United States)

    Vergou, Asimina; Willison, Julia

    2016-01-01

    Botanic gardens have been evolving, responding to the changing needs of society, from their outset as medicinal gardens of monasteries and university gardens to more recently as organizations that contribute to the conservation of plant genetic resources. Considering that social and environmental issues are deeply intertwined and cannot be tackled…

  17. Relating Social Inclusion and Environmental Issues in Botanic Gardens

    Science.gov (United States)

    Vergou, Asimina; Willison, Julia

    2016-01-01

    Botanic gardens have been evolving, responding to the changing needs of society, from their outset as medicinal gardens of monasteries and university gardens to more recently as organizations that contribute to the conservation of plant genetic resources. Considering that social and environmental issues are deeply intertwined and cannot be tackled…

  18. Ecological Issues Related to Children's Health and Safety

    Science.gov (United States)

    Aldridge, Jerry; Kohler, Maxie

    2009-01-01

    Issues concerning the health and safety of children and youth occur at multiple levels. Bronfenbrenner (1995) proposed an ecological systems approach in which multiple systems interact to enhance or diminish children's development. The same systems are at work in health promotion. The authors present and review articles that reflect the multiple…

  19. Ethical and Legal Considerations of Release of Information Relating to Students.

    Science.gov (United States)

    Levenstein, Sidney

    A conflict exists between the rights of students to privacy and the needs of college and/or others to obtain information about them. This conflict is prevalent in social work graduate schools, and centers around the following issues: (1) what information is obtained, (2) where it is obtained, (3) where and how it is kept, (4) whom requests what…

  20. Learning the Legalities.

    Science.gov (United States)

    Stuart, Victoria

    1987-01-01

    Certain types of crises cry out for legal counsel. Becoming familiar with the basics of media law is suggested for public relations offices. Three types of crises that call for legal advice include: litigation or potential litigation; a violation of a law or regulation; or incidents with any hint of liability. (MLW)

  1. [The debate over drug legalization].

    Science.gov (United States)

    Babín Vich, Francisco de Asís

    2013-01-01

    The debate over drug legalization appears frequently in the media as a potential solution to issues such as drug trafficking and other problems related to drug use. In Spain, private consumption or even the production of small quantities of certain plants, whose active ingredients are considered illegal drugs, if clearly for own consumption are not practices criminalized by any law. In addition, a drug addict is considered a person who is ill. Although it has not always been like that even in the countries that have called for this debate, where at times the law prosecutes consumers. The population of our country, according to the views expressed in the opinion polls, prefer to increase preventive measures, foster the treatment freely assumed by drug addicts and make stricter the repression on drug trafficking. Therefore, when speaking of "legalization" we should be scrupulous with the semantics; legalize and decriminalize are not the same, it is not the same decriminalize consumption than decriminalize trafficking, neither is the same decriminalize private consumption than public consumption. Decriminalize private consumption is a fact in our country. Beyond this, we advocate for the strict need to analyze from a scientific perspective the hypothetical benefits that would result from drug legalization. Certainly, from the public health perspective, they are hard to find. We believe that the same logic applied to tobacco, increasing the restrictions on its use, is the path to follow with any addictive substance.

  2. The criminal legal aid in China

    Directory of Open Access Journals (Sweden)

    Long Changhai

    2017-01-01

    Full Text Available УДК 347.965The subject of the article is the criminal legal aid in China.The main goal of this work is to introduce the current state of legal aid in criminal cases in China to Russian scholars and legal professionals.Results. Criminal Legal Aid in China appeared relatively recently, and in the last years of its operation was marked by a number of achievements and some problems. Legal assistance in criminal cases is an integral part of the institute of legal aid in China and plays an invalu-able role in ensuring due process, maintaining the balance between prosecution and de-fense, as well as in guaranteeing human rights. This study contains a general description of the current state of criminal legal aid in China, highlights inherent problems of this institu-tion and describes prospects of its development. This work is based on the Criminal Proce-dure Code of the PRC in version of 2013 year, and provides analysis of the Russian and Chi-nese special literature, Chinese law and practice, as well as the official Chinese statistics. The scope of legal assistance in criminal cases is extremely narrow, the funding is not enough, and the quality leaves much to be desired. These and other shortcomings already have become obstacles to the development of the Chinese criminal procedure law. Despite of a number of changes to the legal regulation of the institute in the 2013 edition of the PRC Criminal Procedure Code, a number of issues remained unresolved.Conclusions. The existing difficulties can be overcame by expanding the scope of legal aid, increase in funding and introduction of public defenders. To increase funding in the budgets proposed to establish minimum public funding of legal aid, to attract non-governmental and international funding, to strengthen control and to ensure openness and transparency of spending. To improve the quality of legal aid PRC government should rise up compensations for lawyers, introduce the institution of public

  3. 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 of the i......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...

  4. Legal Issues in Asbestos Litigation.

    Science.gov (United States)

    Olson, Kristin

    Because asbestos exposure poses a serious health threat to school children, Congress enacted the Asbestos School Hazard Detection and Control Act in 1980, authorizing federal funds for local programs to locate and remove asbestos-containing materials. No funds have been made available as yet, however, and two-thirds of the affected schools have…

  5. Legal Issues in Asbestos Litigation.

    Science.gov (United States)

    Olson, Kristin

    Because asbestos exposure poses a serious health threat to school children, Congress enacted the Asbestos School Hazard Detection and Control Act in 1980, authorizing federal funds for local programs to locate and remove asbestos-containing materials. No funds have been made available as yet, however, and two-thirds of the affected schools have…

  6. U.S.-Mexico Economic Relations: Trends, Issues, and Implications

    Science.gov (United States)

    2005-07-11

    NAFTA, the U.S. Economy, and Maquiladoras,” El Paso Business Frontier, 2001. maquiladora operation, Delphi Automotive Systems, headquartered in the...Dallas, El Paso Branch, “Workers’ Remittances to Mexico,” El Paso Business Frontier, Issue 1, 2004. 20 The Federal Reserve Bank report “Workers...when returning from other North American countries.25 U.S. Commerce Secretary Carlos Gutierrez and Mexican Economy Minister Fernando Canales met on

  7. Economics, Ecology and GMOs: Sustainability, Precaution and Related Issues

    OpenAIRE

    Clement A. Tisdell

    2011-01-01

    Ecological, evolutionary and economic issues involved in introducing genetically modified organisms (GMOs), mainly in agriculture, are discussed. The ecological and evolutionary impacts identified hamper (economic) valuation of GMOs and their biosafety regulation and creates difficulties for planning for sustainable development. Assessment of the desirability of releasing GMOs is difficult because of lack of communal agreement about the risks involved, about how much precaution should be exer...

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

    Science.gov (United States)

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

    2017-09-18

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

  9. Ethical issues relating the the banking of umbilical cord blood in Mexico

    Directory of Open Access Journals (Sweden)

    Valdez-Martinez Edith

    2009-08-01

    Full Text Available Abstract Background Umbilical cord banks are a central component, as umbilical cord tissue providers, in both medical treatment and scientific research with stem cells. But, whereas the creation of umbilical cord banks is seen as successful practice, it is perceived as a risky style of play by others. This article examines and discusses the ethical, medical and legal considerations that arise from the operation of umbilical cord banks in Mexico. Discussion A number of experts have stated that the use of umbilical cord goes beyond the mere utilization of human tissues for the purpose of treatment. This tissue is also used in research studies: genetic studies, studies to evaluate the effectiveness of new antibiotics, studies to identify new proteins, etc. Meanwhile, others claim that the law and other norms for the functioning of cord banks are not consistent and are poorly defined. Some of these critics point out that the confidentiality of donor information is handled differently in different places. The fact that private cord banks offer their services as "biological insurance" in order to obtain informed consent by promising the parents that the tissue that will be stored insures the health of their child in the future raises the issue of whether the consent is freely given or given under coercion. Another consideration that must be made in relation to privately owned cord banks has to do with the ownership of the stored umbilical cord. Summary Conflicts between moral principles and economic interests (non-moral principles cause dilemmas in the clinical practice of umbilical cord blood storage and use especially in privately owned banks. This article presents a reflection and some of the guidelines that must be followed by umbilical cord banks in order to deal with these conflicts. This reflection is based on the fundamental notions of ethics and public health and seeks to be a contribution towards the improvement of umbilical cord banks

  10. 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.

  11. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    OpenAIRE

    Claudiu Ramon D. BUTCULESCU

    2014-01-01

    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.

  12. The Research on Legal Issues of Franchise Chain of Travel Agency%浅析旅行社特许连锁法律问题

    Institute of Scientific and Technical Information of China (English)

    傅林放

    2012-01-01

    特许连锁模式有利于旅行社行业的有序发展,但其中存在的一些法律问题需要厘清。首先是总社与加盟社的内部关系,在合作从事出境游、国内游业务时应当遵守强制性规定。同时,总社应当注重对加盟社的指导和管理;其次是特许连锁的对外责任,当加盟社对第三人承担法律责任时,如果该第三人是企业,总社一般没有责任。如果该第三人是旅游者,总社需承担连带责任。加盟社因侵权损害第三人利益时,总社不承担法律责任。%Franchising model of travel agency is conducive to the orderly development of the travel industry.But there are some legal issues which need clarifying.Firstly,franchisor and franchisee should comply with mandatory regulations when operating outbound or domestic tourism and franchisor should supervise the business activities of franchisee.Secondly,the franchisor has no liabilities when franchisee damages other businesses because of breach of contract but they have joint liability when consumers are damaged by franchisee because of breach of contract.The franchisor has no liabilities when franchisee damages others because of tort.

  13. Dealing with quantum weirdness: Holism and related issues

    Energy Technology Data Exchange (ETDEWEB)

    Elby, Andrew Richard [Univ. of California, Berkeley, CA (United States)

    1995-12-01

    Various issues are discussed in interpretation of quantum mechanics. All these explorations point toward the same conclusion, that some systems are holistically connected, i.e., some composite systems have properties that cannot, even in principle, be reduced to the properties of its subsystems. This is argued to be the central metaphysical lesson of quantum theory; this will remain pertinent even if quantum mechanics gets replaced by a superior theory. Chap. 2 discusses nonlocality and rules out hidden-variable theories that approximately reproduce the perfect correlations of quantum mechanics, as well as theories that obey locality conditions weaker than those needed to derive Bell`s inequality. Chap. 3 shows that SQUID experiments can rule out non-invasive measurability if not macrorealism. Chap. 4 looks at interpretational issues surrounding decoherence, the dissipative interaction between a system and its environment. Decoherence klcan help ``modal`` interpretations pick out the desired ``preferred`` basis. Chap. 5 explores what varieties of causation can and cannot ``explain`` EPR correlations. Instead of relying on ``watered down`` causal explanations, we should instead develop new, holistic explanatory frameworks.

  14. Issues related to waste sewage sludge drying under superheated steam

    Directory of Open Access Journals (Sweden)

    Hamawand Ihsan

    2015-12-01

    Full Text Available Sewage sludge was dried in a rotary drum dryer under superheated steam. Particle size and moisture content were shown to have significant influences on sticking and agglomeration of the materials. Pouring partially dried sludge (70–80% moisture content, wet basis directly into the screw feeder of the drum dryer resulted in a significant sticking to the surface of the drum and the final particle size of the product was greater than 100 mm in diameter. The moisture content of this product was slightly less than its initial value. To overcome this issue, the sludge was mixed with lignite at variety ratios and then chopped before being introduced to the feeding screw. It was found that mixing the sludge with lignite and then sieving the chopped materials through a four millimetre mesh sieve was the key to solve this issue. This technique significantly reduced both stickiness and agglomeration of the material. Also, this enabled for a significant reduction in moisture content of the final product.

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

    NARCIS (Netherlands)

    Fahey, E.

    2014-01-01

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

  16. Death and AIDS: A Review of the Medico-Legal Literature.

    Science.gov (United States)

    Huber, Jeffrey T.

    1993-01-01

    Notes that diagnosis of Acquired Immune Deficiency Syndrome (AIDS) continues to denote death sentence. Contends that AIDS is unique terminal illness in that no other single disease in history of American legal system has generated more litigation than AIDS. Examines medico-legal issues associated with AIDS-related death: estate planning,…

  17. Dealing with Quantum Weirdness: Holism and Related Issues

    Science.gov (United States)

    Elby, Andrew Richard

    1995-01-01

    I discuss a variety of issues in the interpretation of quantum mechanics. All of these explorations point toward the same conclusion, that some systems are holistically connected. In other words, some composite systems possess properties that cannot, even in principle, be reduced to (or "built up" from) the properties of its subsystems. This, I argue, is a central metaphysical lesson of quantum theory, a lesson that will pertain even if quantum mechanics eventually gets replaced by a superior theory. After outlining this dissertation in chapter 1, I jump into issues of nonlocality in chapter 2. There, I establish a new, probabilistic framework in which to formulate "algebraic" (perfect correlations) nonlocality proofs. Working within that framework, I rule out hidden -variable theories that approximately reproduce the perfect correlations of quantum mechanics, as well as theories that obey locality conditions weaker than those needed to derive Bell's inequality. In chapter 3, I discuss Superconducting Quantum Interference Devices (SQUIDs). Contra Leggett, I show that SQUID experiments cannot rule out Macrorealism. What they can rule out is non-invasive measurability, the assumption that it's possible (in principle) to measure a system with arbitrarily small disturbance to its future dynamics. Failure of non-invasive measurability is best explained as resulting from a holistic connection between measuring device and measured system. Chapter 4 looks at the interpretational issues surrounding decoherence, the dissipative interaction between a system and its environment. Decoherence alone neither constitutes nor points to a specific interpretation of the quantum formalism. It can, however, help "modal" interpretations pick out the desired "preferred" basis. After raising some potentially fatal objections to the modal interpretation, I show in detail how decoherence comes to the rescue. Modal interpretations explicitly incorporate holism. Finally, in chapter 5, I

  18. 76 FR 63573 - Roundtable on Issues Relating to Conflict Minerals

    Science.gov (United States)

    2011-10-13

    ... Street Reform and Consumer Protection Act (the ``Act''), which relates to reporting requirements..., affected issuers, human rights organizations, and other stakeholders. The roundtable will consist of a...

  19. Revised classification/nomenclature of vitiligo and related issues: the Vitiligo Global Issues Consensus Conference.

    Science.gov (United States)

    Ezzedine, K; Lim, H W; Suzuki, T; Katayama, I; Hamzavi, I; Lan, C C E; Goh, B K; Anbar, T; Silva de Castro, C; Lee, A Y; Parsad, D; van Geel, N; Le Poole, I C; Oiso, N; Benzekri, L; Spritz, R; Gauthier, Y; Hann, S K; Picardo, M; Taieb, A

    2012-05-01

    During the 2011 International Pigment Cell Conference (IPCC), the Vitiligo European Taskforce (VETF) convened a consensus conference on issues of global importance for vitiligo clinical research. As suggested by an international panel of experts, the conference focused on four topics: classification and nomenclature; definition of stable disease; definition of Koebner's phenomenon (KP); and 'autoimmune vitiligo'. These topics were discussed in seven working groups representing different geographical regions. A consensus emerged that segmental vitiligo be classified separately from all other forms of vitiligo and that the term 'vitiligo' be used as an umbrella term for all non-segmental forms of vitiligo, including 'mixed vitiligo' in which segmental and non-segmental vitiligo are combined and which is considered a subgroup of vitiligo. Further, the conference recommends that disease stability be best assessed based on the stability of individual lesions rather than the overall stability of the disease as the latter is difficult to define precisely and reliably. The conference also endorsed the classification of KP for vitiligo as proposed by the VETF (history based, clinical observation based, or experimentally induced). Lastly, the conference agreed that 'autoimmune vitiligo' should not be used as a separate classification as published evidence indicates that the pathophysiology of all forms of vitiligo likely involves autoimmune or inflammatory mechanisms.

  20. Levothyroxine: therapeutic use and regulatory issues related to bioequivalence.

    Science.gov (United States)

    Wartofsky, Leonard

    2002-06-01

    Levothyroxine is the overwhelming choice of clinicians for the treatment of hypothyroidism and for the suppression of goitre and thyroid nodules in selected cases. The monitoring of serum levels of thyroid stimulating hormone is necessary for appropriate dosage adjustment of levothyroxine. Levothyroxine has a narrow therapeutic index: both underdosage (subclinical hypothyroidism) and excessive dosage (subclinical hyperthyroidism) are associated with adverse symptoms and pathophysiological effects and are to be avoided. The consequent necessity for careful titration of doses has had an impact on the issue of switchability, or bioequivalence, of the various marketed levothyroxine products. In this article, the basis for concern about currently accepted standards of the FDA for pharmacological bioequivalence are examined in the context of levothyroxine. The history and status of the recent request by the FDA for a new drug application for all levothyroxine products, and its impact on the market leader Synthroid, is also discussed.

  1. Survey on Issues related to National Nuclear Promotion Policy

    Energy Technology Data Exchange (ETDEWEB)

    Woo, Byungchool; Lee, Youngjoon; Lee, Youngcheol; Jeong, I. K.; Kim, Hyunjun; Kim, Youngsoo; Yun, Sungwon; Moon, Keehwan; Chung, Whansam

    2013-06-15

    Ο Major issues surrounding nuclear are including suspicions about nuclear safety, spent-fuel management, acquiring the advanced R and D capabilities and making the nuclear a creative industry Ο Solid measures for securing safety should be formulated and implemented for reducing public anxiety of nuclear use Ο The long-term R and D performance system from a scientific perspective should be established for expanding Research and Development for safer use of nuclear Ο The spent-fuel management policy should be determined through publicizing process Ο Establishing small and medium enterprises-oriented supply system of reactors and SMRs and Encouraging the radiation fusion technology industrialization for promoting creative industry utilizing nuclear.

  2. Current Issues in the Neurology and Genetics of Learning-Related Traits and Disorders: Introduction to the Special Issue.

    Science.gov (United States)

    Gilger, Jeffrey W.

    2001-01-01

    This introductory article briefly describes each of the following eight articles in this special issue on the neurology and genetics of learning related disorders. It notes the greater appreciation of learning disability as a set of complex disorders with broad and intricate neurological bases and of the large individual differences in how these…

  3. Current Issues in the Neurology and Genetics of Learning-Related Traits and Disorders: Introduction to the Special Issue.

    Science.gov (United States)

    Gilger, Jeffrey W.

    2001-01-01

    This introductory article briefly describes each of the following eight articles in this special issue on the neurology and genetics of learning related disorders. It notes the greater appreciation of learning disability as a set of complex disorders with broad and intricate neurological bases and of the large individual differences in how these…

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

    Science.gov (United States)

    Stillwaggon, James; Jelinek, David

    2011-01-01

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

  5. Attitudes toward Euthanasia and Related Issues among Physicians and Patients in a Multi-cultural Society of Malaysia

    Science.gov (United States)

    Rathor, Mohammad Yousuf; Abdul Rani, Mohammad Fauzi; Shahar, Mohammad Arif; Jamalludin, A. Rehman; Che Abdullah, Shahrin Tarmizi Bin; Omar, Ahmad Marzuki Bin; Mohamad Shah, Azarisman Shah Bin

    2014-01-01

    Introduction: Due to globalization and changes in the health care delivery system, there has been a gradual change in the attitude of the medical community as well as the lay public toward greater acceptance of euthanasia as an option for terminally ill and dying patients. Physicians in developing countries come across situations where such issues are raised with increasing frequency. As euthanasia has gained world-wide prominence, the objectives of our study therefore were to explore the attitude of physicians and chronically ill patients toward euthanasia and related issues. Concomitantly, we wanted to ascertain the frequency of requests for assistance in active euthanasia. Materials and Methods: Questionnaire based survey among consenting patients and physicians. Results: The majority of our physicians and patients did not support active euthanasia or physician-assisted suicide (EAS), no matter what the circumstances may be P < 0.001. Both opposed to its legalization P < 0.001. Just 15% of physicians reported that they were asked by patients for assistance in dying. Both physicians 29.2% and patients 61.5% were in favor of withdrawing or withholding life-sustaining treatment to a patient with no chances of survival. Among patients no significant differences were observed for age, marital status, or underlying health status. Conclusions: A significant percentage of surveyed respondents were against EAS or its legalization. Patient views were primarily determined by religious beliefs rather than the disease severity. More debates on the matter are crucial in the ever-evolving world of clinical medicine. PMID:25374860

  6. Attitudes toward euthanasia and related issues among physicians and patients in a multi-cultural society of Malaysia

    Directory of Open Access Journals (Sweden)

    Mohammad Yousuf Rathor

    2014-01-01

    Full Text Available Introduction: Due to globalization and changes in the health care delivery system, there has been a gradual change in the attitude of the medical community as well as the lay public toward greater acceptance of euthanasia as an option for terminally ill and dying patients. Physicians in developing countries come across situations where such issues are raised with increasing frequency. As euthanasia has gained world-wide prominence, the objectives of our study therefore were to explore the attitude of physicians and chronically ill patients toward euthanasia and related issues. Concomitantly, we wanted to ascertain the frequency of requests for assistance in active euthanasia. Materials and Methods: Questionnaire based survey among consenting patients and physicians. Results: The majority of our physicians and patients did not support active euthanasia or physician-assisted suicide (EAS, no matter what the circumstances may be P < 0.001. Both opposed to its legalization P < 0.001. Just 15% of physicians reported that they were asked by patients for assistance in dying. Both physicians 29.2% and patients 61.5% were in favor of withdrawing or withholding life-sustaining treatment to a patient with no chances of survival. Among patients no significant differences were observed for age, marital status, or underlying health status. Conclusions: A significant percentage of surveyed respondents were against EAS or its legalization. Patient views were primarily determined by religious beliefs rather than the disease severity. More debates on the matter are crucial in the ever-evolving world of clinical medicine.

  7. Anticipating issues related to increasing preimplantation genetic diagnosis use: a research agenda.

    Science.gov (United States)

    Klitzman, Robert; Appelbaum, Paul S; Chung, Wendy; Sauer, Mark

    2008-01-01

    Increasing use of preimplantation genetic diagnosis (PGD) poses numerous clinical, social, psychological, ethical, legal and policy dilemmas, many of which have received little attention. Patients and providers are now considering and using PGD for a widening array of genetic disorders, and patients may increasingly seek 'designer babies.' In the USA, although governmental oversight policies have been discussed, few specific guidelines exist. Hence, increasingly, patients and providers will face challenging ethical and policy questions of when and for whom to use PGD, and how it should be financed. These issues should be better clarified and addressed through collection of data concerning the current use of PGD in the USA, including factors involved in decision making about PGD use, as well as the education of the various communities that are, and should be, involved in its implementation. Improved understanding of these issues will ultimately enhance the development and implementation of future clinical guidelines and policies.

  8. 人口聚集化背景下房屋租赁法律问题与对策研究%Research on Legal Issues of House Tenancy in the Back-ground of Population Aggregation and the Countermea-sures

    Institute of Scientific and Technical Information of China (English)

    田冰

    2014-01-01

    Currently, the background of population aggregation in new cities has increased the demand of house tenancy, and vil-lages in cities, with relatively low rents and cost of living, have become the first choice of low-income groups. However, there are many legal issues in the house tenancy market of "villages in cities" which are dominated by floating population. By studying the major legal issues in the current house tenancy market of "villages in cities", this paper timely proposes countermeasures, which play an important role in promoting the legal protection of public service in the construction of Central Plains Economic Development Zone.%当前新型城市人口聚集化背景使对房屋租赁需求增加,租金及生活成本相对低廉的“城中村”便成为中低收入群体的租房首选。然而由流动人口为主的“城中村”房屋租赁市场却存在诸多法律问题。通过研究当前“城中村”房屋租赁市场中的主要法律问题,及时提出改进对策对中原经济区建设过程中公共服务的法律保障有着重要促进作用。

  9. A Survey of Solver-Related Geometry and Meshing Issues

    Science.gov (United States)

    Masters, James; Daniel, Derick; Gudenkauf, Jared; Hine, David; Sideroff, Chris

    2016-01-01

    There is a concern in the computational fluid dynamics community that mesh generation is a significant bottleneck in the CFD workflow. This is one of several papers that will help set the stage for a moderated panel discussion addressing this issue. Although certain general "rules of thumb" and a priori mesh metrics can be used to ensure that some base level of mesh quality is achieved, inadequate consideration is often given to the type of solver or particular flow regime on which the mesh will be utilized. This paper explores how an analyst may want to think differently about a mesh based on considerations such as if a flow is compressible vs. incompressible or hypersonic vs. subsonic or if the solver is node-centered vs. cell-centered. This paper is a high-level investigation intended to provide general insight into how considering the nature of the solver or flow when performing mesh generation has the potential to increase the accuracy and/or robustness of the solution and drive the mesh generation process to a state where it is no longer a hindrance to the analysis process.

  10. Software Defined Networking: A Concept and Related Issues

    Directory of Open Access Journals (Sweden)

    Deepak Kumar

    2014-09-01

    Full Text Available SDN (Software Defined Networking is the networking architecture that has gained attention of researchers in recent past. It is the future of programmable networks. Traditional networks were very complex and difficult to manage. SDN is going to change this by offering a standard interface (OpenFlow between the control plane and the networking devices (data plane. Its implementation is fully supported by software so that we can control the behavior of networking devices through programmatic control. This programmatic control provides various new ways to find breakpoints and failures in networking devices. Today SDN has become an important part of networking, so it is important to emulate its behavior. SDN support virtualization which makes it scalable and flexible. Data traffic resides in the data plane. The main function of intelligent controller is to decide the routing policy and manage the traffic in data plane. So effectively SDN emerges as a networking architecture that has the ability to solve all problems those were found in traditional architecture In this paper the authors discussed historical perspective of SDN, languages that support SDN, emulation tools, security issues with SDN and advantages that makes SDN suitable choice for today’s network.

  11. [Related reproductive issues on male autosomal dominant polycystic kidney disease].

    Science.gov (United States)

    Cai, Hong-cai; Shang, Xue-jun; Huang, Yu-feng

    2015-11-01

    Autosomal dominant polycystic kidney disease (ADPKD) is a most common inherited renal disease, about 50% with a family history, although the exact etiology not yet clear. To date, ADPKD, a multisystem disorder without effective preventive and therapeutic means, has been shown to be detrimental to human health. Recent studies show that severe oligoasthenozoospermia, necrospermia, immotile sperm, azoospermia, epididymal cyst, seminal vesicle cyst, and ejaculatory duct cyst found in male ADPKD patients may lead to male infertility, though the specific mechanisms remain unknown. Structural anomaly of spermatozoa, defect of polycystin, mutation of PKD genes, and micro-deletion of the AZF gene could be the reasons for the higher incidence of abnormal semen quality in male ADPKD patients. Assisted reproductive techniques can increase the chances of pregnancy, whereas the health of the offspring should be taken into consideration. This article presents an overview of reproductive issues concerning infertile male ADPKD patients from the perspective of the morbidity, pathophysiological mechanism, diagnosis, and management of the disease.

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

    Science.gov (United States)

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

    2015-08-01

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

  13. Death before life: The legal status of cadaveric foetuses

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    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...... general reflections on the legal status of cadaveric foetuses....... 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...

  14. [The medical legal grounds of the dispanserization of children dwelling on the radiation polluted territories in the issue of Tchernobyl disaster].

    Science.gov (United States)

    Fetisov, S N; Dubovoĭ, I I

    2008-01-01

    The data related to the dynamics of health conditions of children dwelling on the radiation polluted territories in the issue of Tchernobyl disaster in the Briansk Oblast during last post-disaster twenty years. The main normative documents adopted during the after-disaster period on the federal and regulating the implementation of the specialized dispanserization of population. The stages of children dispanserization during 1986-2005 are defined. The proposals related to the enhancement of the quality of children's dispanserization are brought in. The emphasis is made upon the consolidation of public health activities during the specialized dispanserization and medical checkups of population within the framework of the national project "Health".

  15. 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...

  16. American intergovernmental relations: foundations, perspectives, and issues, 5th ed

    NARCIS (Netherlands)

    O'Toole, Laurence J.; Christensen, Robert K.; O'Toole, Laurence J.; Christensen, Robert K.

    2012-01-01

    With the addition of brand new co-editor, Robert Christensen, this trusted reader is back in a fresh and insightful fifth edition. To the general structure that has made American Intergovernmental Relations so enduring, the editors have added a new section that incorporates the importance of law and

  17. Fuzzy Relational Databases: Representational Issues and Reduction Using Similarity Measures.

    Science.gov (United States)

    Prade, Henri; Testemale, Claudette

    1987-01-01

    Compares and expands upon two approaches to dealing with fuzzy relational databases. The proposed similarity measure is based on a fuzzy Hausdorff distance and estimates the mismatch between two possibility distributions using a reduction process. The consequences of the reduction process on query evaluation are studied. (Author/EM)

  18. Ethical issues related to biomonitoring studies on children

    DEFF Research Database (Denmark)

    Pedersen, Marie; Merlo, Domenico Franco; Knudsen, Lisbeth E.

    2007-01-01

    -off and the recruitments. In the initial phase of planning a biomonitoring study consideration of communication of results including risk and means of risk prevention should be made. Ethical considerations regarding the study protocol should take into account (a) justification of biological sampling related...

  19. Ottoman-American Relations, Francis Hopkins Smith and Armenian Issue

    Science.gov (United States)

    Akalin, Berrin

    2015-01-01

    The Ottoman-American relations, started upon arrival of American merchant ships to Izmir port in 1797, gained a new dimension by signing a treaty of commerce between two states in 1830 and David Porter was assigned as an acting ambassador and moved from Algeria to Istanbul in 1831. Ottoman state gave the privileged country status to America…

  20. Problematic Issues Related to the Systematic Teaching of Affective Skills.

    Science.gov (United States)

    Ruff, Frances K.; Roberts, Jane M. E.

    This paper presents a discussion of three problem areas that were delineated during the course of a field test designed to assess the effects of the "Heartsmart Adventures," an interpersonal skills curriculum developed from the Fundamental Interpersonal Relations Orientation (FIRO) Theory as described by William C. Schutz. Students and teachers…

  1. A Legal Roadmap of SBR, PRR, and Related Terms under the IDEA

    Science.gov (United States)

    Zirkel, Perry A.

    2008-01-01

    The literature of special education generally and special education law specifically tends to use "scientifically based research" (SBR), along with its shorthand "scientifically based" variation, and related terms such as "evidence-based," "research-based," and "peer-reviewed research" (PRR) rather…

  2. 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)

  3. 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)

  4. Quality of life issues relating to endocrine treatment options

    DEFF Research Database (Denmark)

    Iversen, P

    1999-01-01

    treatments for prostate cancer, such as castration, combined androgen blockade and non-steroidal antiandrogen monotherapy, have shown similar results in terms of time to progression and survival. The main difference between these treatments is their impact on patients' quality of life. Instruments...... for measuring health-related quality of life should assess both overall and disease-specific quality of life. Data from two large studies of bicalutamide monotherapy show that this non-steroidal antiandrogen is associated with significant health-related quality of life advantages in the treatment of patients...... with locally advanced (M0) disease compared with castration, suggesting that this treatment may benefit patients with early disease. Bicalutamide was favoured in 8 out of 9 evaluable quality of life dimensions, and this was statistically significant for sexual interest and physical capacity. Endocrine...

  5. Quality of life issues relating to endocrine treatment options

    DEFF Research Database (Denmark)

    Iversen, P

    1999-01-01

    treatments for prostate cancer, such as castration, combined androgen blockade and non-steroidal antiandrogen monotherapy, have shown similar results in terms of time to progression and survival. The main difference between these treatments is their impact on patients' quality of life. Instruments...... for measuring health-related quality of life should assess both overall and disease-specific quality of life. Data from two large studies of bicalutamide monotherapy show that this non-steroidal antiandrogen is associated with significant health-related quality of life advantages in the treatment of patients...... with locally advanced (M0) disease compared with castration, suggesting that this treatment may benefit patients with early disease. Bicalutamide was favoured in 8 out of 9 evaluable quality of life dimensions, and this was statistically significant for sexual interest and physical capacity. Endocrine...

  6. Special Issues Related to the Landslides of Romania

    Directory of Open Access Journals (Sweden)

    FLORINA GRECU

    2010-09-01

    Full Text Available On Romanian territory, landslides are encountered i n all relief units; the existing differences being related to several factors, among which important roles are played by rock, slope, relief fragmentation density, clearing s, moisture degree of deposits. The importance of landslides within prese nt-day processes is very different from one region to another. Landslides play a determinant role in the slopes’ modeling of the Carpathians, the Subcarpathians, the Moldavian Tableland or the Transylvanian Tableland.

  7. Two-dimensional mesoscopic Wigner crystallization and related issues

    Indian Academy of Sciences (India)

    Jean-Louis Pichard

    2002-02-01

    The quantum-classical crossover from the Fermi liquid towards the Wigner solid is numerically revisited using small square lattice models where electrons interact via a Coulomb / potential. From exact numerical diagonalizations, one finds that the mesoscopic electron solid is formed in two stages, giving rise to an intriguing solid–liquid regime at intermediate couplings. The roles of a random substrate and of the spin degrees of freedom are investigated. Possible relations with the 2 metal–insulator transition observed in various field effect devices are suggested.

  8. Malaysian public perception towards nuclear power energy-related issues

    Science.gov (United States)

    Misnon, Fauzan Amin; Hu, Yeoh Siong; Rahman, Irman Abd.; Yasir, Muhamad Samudi

    2017-01-01

    Malaysia had considered nuclear energy as an option for future electricity generation during the 9th Malaysia Development Plan. Since 2009, Malaysia had implemented a number of important preparatory steps towards this goal, including the establishment of Nuclear Power Corporation of Malaysia (MNPC) as first Nuclear Energy Programme Implementing Organization (NEPIO) in Malaysia. In light of the establishment of MNPC, the National Nuclear Policy was formulated in 2010 and a new comprehensive nuclear law to replace the existing Atomic Energy Licensing Act (Act 304) is currently in the pipeline. Internationally, public acceptance is generally used to gauge the acceptance of nuclear energy by the public whenever a government decides to engage in nuclear energy. A public survey was conducted in between 14 March 2016 to 10 May 2016 focusing on the Malaysian public acceptance and perception towards the implementation of nuclear energy in Malaysia. The methodology of this research was aim on finding an overview of the general knowledge, public-relation recommendation, perception and acceptance of Malaysian towards the nuclear power development program. The combination of information gathered from this study can be interpreted as an indication of the complexity surrounding the development of nuclear energy and its relationship with the unique background of Malaysian demography. This paper will focus mainly on energy-related section in the survey in comparison with nuclear energy.

  9. Delay related issues in integrated voice and data networks

    Science.gov (United States)

    Gruber, J. G.

    1981-06-01

    The described investigation is concerned with the problem of transmitting voice with data in a computer communications network. The motivations for considering mixed voice and data traffic in such a shared network environment include the advent of new voice related applications with the technology now existing to economically support them, and the desire to plan for and design future integrated networks for reasons of economy and flexibility. Attention is given to the problem of variable delays in a shared network environment handling voice traffic. Previous work in packetized voice, as well as various approaches to integrated voice and data transmission, are reviewed. These approaches may be regarded as enhanced versions of circuit, packet, and hybrid switching. The impact of network interfacing and delay considerations for voice traffic is discussed.

  10. Plan for addressing issues relating to oil shale plant siting

    Energy Technology Data Exchange (ETDEWEB)

    Noridin, J. S.; Donovan, R.; Trudell, L.; Dean, J.; Blevins, A.; Harrington, L. W.; James, R.; Berdan, G.

    1987-09-01

    The Western Research Institute plan for addressing oil shale plant siting methodology calls for identifying the available resources such as oil shale, water, topography and transportation, and human resources. Restrictions on development are addressed: land ownership, land use, water rights, environment, socioeconomics, culture, health and safety, and other institutional restrictions. Descriptions of the technologies for development of oil shale resources are included. The impacts of oil shale development on the environment, socioeconomic structure, water availability, and other conditions are discussed. Finally, the Western Research Institute plan proposes to integrate these topics to develop a flow chart for oil shale plant siting. Western Research Institute has (1) identified relative topics for shale oil plant siting, (2) surveyed both published and unpublished information, and (3) identified data gaps and research needs. 910 refs., 3 figs., 30 tabs.

  11. 32 CFR 536.35 - Unique issues related to environmental claims.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Unique issues related to environmental claims... issues related to environmental claims. Claims for property damage, personal injury, or death arising in... reported by USARCS to the Environmental Law Division of the Army Litigation Center and the...

  12. Legal aspects of shut-down and decommissioning of nuclear power plants; Rechtsfragen der Stilllegung und des Rueckbaus von Kernkraftwerken

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Luther Rechtsanwaltsgesellschaft, Duesseldorf (Germany)

    2016-10-15

    The legally phase-out the peaceful use of nuclear energy in Germany has put into focus the topics decommissioning and dismantling of nuclear power plants. Technically and legally issues have to be managed, which are often closely connected. From a legal perspective it is important, that the initial situation of operation and operation phases of the nuclear power plant are settled. Some of the most relevant legal issues are more accurate presented and discussed. They are related to the period after shut-down and before granting the decommissioning license.

  13. Breaking bad news: issues relating to nursing practice.

    Science.gov (United States)

    Warnock, Clare

    2014-07-15

    The breaking of bad news was traditionally regarded to be the time when a doctor and nurse sat down with a patient and family members to provide information about, for example, a life-limiting diagnosis or a poor prognosis. However, breaking bad news is now generally accepted as a process, not a one-off event, and is considered to refer to any bad, sad or difficult information that alters patients' perceptions of their present and future. Nurses have an important role in the process of providing information and helping patients prepare for, receive, understand and cope with the bad news they have been given. This article aims to help nurses understand the process of breaking bad news and discuss the challenges and difficulties that nurses can face when they are involved with patients who have been given bad news. It also provides guidance with regard to preparing for breaking bad news, giving difficult information, responding to possible reactions, and supporting patients and their relatives after they have received bad news.

  14. Critical issues related to transfersomes - novel vesicular system

    Directory of Open Access Journals (Sweden)

    Kombath Ravindran Vinod

    2012-03-01

    Full Text Available It has become increasingly apparent that vesicular drug delivery elicits modest possessions in drug targeting. Transfersomes are a form of elastic or deformable vesicle, which were first introduced in the early 1990s. Elas ticity can be achieved by using an edge activator in the lipid bilayer structure. Molecules greater than 500 Da normally do not cross the skin. This prevents epicutaneous delivery of the high molecular weight therapeutics as well as non-invasive transcutaneous immunisation. Transdermal route will always remain a lucrative area for drug delivery. With the advent of new categories of drugs like peptides this route has captured more focus to combat the problems related to their delivery through oral route. But the transdermal route is equally filled with the hopes and disappointments as the transport of drug through this route faces many problems especially for the large molecules. To answer this problem many approaches were adopted. One of the very recent approaches is the use of ultra-deformable carrier systems (transfersomes. They have been used as drug carriers for a range of small molecules, peptides, proteins and vaccines, both in vitro and in vivo. Transfersomes penetrate through the pores of stratum corneum which are smaller than its size and get into the underlying viable skin in intact form. This is because of its deformable nature. The aim of this article is explanation the formation of micelle and vesicles, various types of vesicles, specifically focusing on transfersomes.

  15. Mass Generation and Related Issues from Exotic Higher Dimensions

    CERN Document Server

    Rojas, M; Colatto, L P; Matheus-Valle, J L; De Assis, L P G; Helayel-Neto, J A

    2011-01-01

    The main purpose of this work is to show that massless Dirac equation formulated for non-interacting Majorana-Weyl spinors in higher dimensions, particularly in D=1+9 and D=5+5, can lead to an interpretation of massive Majorana and Dirac spinors in D=1+3. By adopting suitable representations of the Dirac matrices in higher dimensions, we pursue the investigation of which higher dimensional space-times and which mass-shell relation concerning massless Dirac equations in higher dimensions may induce massive spinors in D=1+3. The mixing of the chiral fermions in higher dimensions may induce a mechanism such that four massive Majorana fermions may show up and, at an appropriate limit an almost zero and a huge mass show up with corresponding left-handed and right-handed eigenstates. This mechanism, in a peculiar way, could reassess the See-Saw scheme associated to neutrino with Majorana-type masses. Remarkably the masses of the particles are fixed by the dimension decoupling/reduction scheme based on the mass Lore...

  16. Legal and regulatory challenges currently facing diabetes treatment providers and related durable medical equipment suppliers.

    Science.gov (United States)

    Liles, Robert

    2013-03-01

    It has been estimated that 24 million Americans have diabetes, many of whom are Medicare beneficiaries. These individuals carefully monitor their blood glucose levels primarily through the use of in-home blood glucose testing kits. Although the test is relatively simple, the cumulative expense of providing glucose test strips and lancets to patients is ever increasing, both to the Medicare program and to uninsured individuals who must pay out-of-pocket for these testing supplies. This article discusses the diabetes durable medical equipment (DME) coverage under Part B Medicare, the establishment and role of DME Medicare administrative contractors, and national and local coverage requirements for diabetes DME suppliers. This article also discusses the federal government's ongoing concerns regarding the improper billing of diabetes testing supplies. To protect the Medicare Trust Fund, the federal government has contracted with multiple private entities to conduct reviews and audits of questionable Medicare claims. These private sector contractors have conducted unannounced site visits of DME supplier offices, interviewed patients and their families, placed suppliers on prepayment review, and conducted extensive postpayment audits of prior paid Medicare claims. In more egregious administrative cases, Medicare contractors have recommended that problematic providers and/or DME suppliers have their Medicare numbers suspended or, in some instances, revoked. More serious infractions can lead to civil or criminal liability. In the final part of this article, we will examine the future of enforcement efforts by law enforcement and Medicare contractors and the importance of understanding and complying with federal laws when ordering and supplying diabetes testing strips and lancets.

  17. 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...

  18. Legal perceptions of forensic DNA profiling part I: a review of the legal literature.

    Science.gov (United States)

    Walsh, Simon J

    2005-12-01

    A forensic biologist is usually involved in the criminal justice system process somewhere between the police and the legal system, interacting in a practical context regularly and extensively with both. Forensic DNA research and development commonly involves initiatives that encroach into the neighbouring domains of the law enforcement or legal agencies. Despite this level of association, establishing meaningful cross-disciplinary communication and understanding within the justice system remains a challenge. As an example, there is an abundance of literature relating to forensic DNA profiling in legal and criminological periodicals. Such journals are perhaps outside the regular reading of forensic scientists and much of the legal discussion appears to go unnoticed. This situation is understandable; however, it is also undesirable particularly as forensic DNA developments are intertwined with significant changes in legislation and contentious issues of privacy, civil liberty and social justice. This paper attempts to address this shortcoming directly by summarising - from the viewpoint of a forensic scientist - some of the discussion in the legal literature. In particular the review focuses on discussion raising ideological and ethical concerns. Awareness of these views is of relevance to forensic science. It assists us to accurately place DNA evidence into context and to develop its role in achieving the broader criminal justice system objectives. Understanding the discussion also provides a way to enter the debate and communicate at an appropriate level the true potential of DNA to the legal community.

  19. Prospective Educators' Knowledge of Children's Legal Rights.

    Science.gov (United States)

    Mcloughlin, Caven S.; And Others

    1983-01-01

    Prospective educators' knowledge of children's legal rights in several areas was assessed. Results indicated limited legal knowledge and some misconceptions about the law. The need for colleges of education to adapt their curricula to include legal issues is discussed. (Author/DWH)

  20. Research on the Civil Legal Relations of Sporting Events%体育赛事民事法律关系探析

    Institute of Scientific and Technical Information of China (English)

    袁绍义

    2012-01-01

    体育赛事民事法律关系是体育赛事各种法律关系的基础和核心。将体育赛事民事法律关系区分为体育表演法律关系和为组织体育赛事表演而形成的法律关系两个部分,是合理构建体育赛事民事法律关系的应然选择。这种区分不仅可以预防体育赛事腐败行为的发生,而且可以避免行政权、刑事司法权对体育赛事活动的不适当干预,为体育赛事可持续发展找到解决问题的方案。%The civil legal relations on sports events are the foundations of various kinds of legal relations of sports events. If we want to constract them reasonable, we should natrually divide the cilvil legal relations on sports events into two parts, "legal relations on sports performance" and "legal relations which is formed in the process of oganizing the sports performance". Such classification could not only prevent the corruptions in sports events, but avoid the inadequate interventions for sports events from administration and criminal jurisdiction also, so that it could offer good suggestions and plans for how to develep sports events substainable.

  1. LEGAL ENTITIES IN ROMANIAN PRIVATE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Berlingher Remus Daniel

    2013-12-01

    Full Text Available Legal entities play an increasing role in international economic relations, as well as in political, cultural, social or human relations. Any legal entity is subject to the law of a certain country, as it can only exist or function on the basis of legal provisions. In this sense, the paper analyses the law applicable to the organic statute of a legal entity, the importance and criteria underlying the establishment of a legal entity’s nationality, the recognition of foreign legal entities in Romania, as well as the rights and obligations of foreign legal entities residing in our country.

  2. Legal English Vocabulary and Its Translation

    Institute of Scientific and Technical Information of China (English)

    WANG Kuang-zheng

    2016-01-01

    There are differences between legal English and general English. Legal English relates to the legal profession. Law needs to maintain the impression of seriousness, standardization, accuracy and objectiveness, and as a result, legal English also has these characteristics. Compared to general everyday English, the application of legal English vocabulary requires consider-ation of these characteristics. In the translation of legal content, attention is also needed to be paid to the characteristics of foren-sic linguistics. Standardized legal terms are used in the translation of legal regulations and other content to keep the characteris-tics of faithfulness, accuracy, smoothness and consistency. In this paper, legal English vocabulary is discussed based on its char-acteristics, as well as the method of translation of legal content. For practical translation of legal English, translation methods in-clude literal translation, free translation and addition and omission. These methods are briefly discussed in this paper.

  3. Legal English Vocabulary and Its Translation

    Institute of Scientific and Technical Information of China (English)

    WANG Kuang zheng

    2016-01-01

    There are differences between legal English and general English. Legal English relates to the legal profession. Law needs to maintain the impression of seriousness, standardization, accuracy and objectiveness, and as a result, legal English also has these characteristics. Compared to general everyday English, the application of legal English vocabulary requires consideration of these characteristics. In the translation of legal content, attention is also needed to be paid to the characteristics of forensic linguistics. Standardized legal terms are used in the translation of legal regulations and other content to keep the characteristics of faithfulness, accuracy, smoothness and consistency. In this paper, legal English vocabulary is discussed based on its characteristics, as well as the method of translation of legal content. For practical translation of legal English, translation methods include literal translation, free translation and addition and omission. These methods are briefly discussed in this paper.

  4. Legal Research in a Changing Information Environment

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2007-05-01

    Full Text Available Since the advent of the latest constitutional dispensation in South Africa, legal researchers have been presented with new opportunities for research into constitutional issues, development and the relationship between constitutional law and other fields. This article investigates how information technology applications can support the legal research process and what the benefits of technology are likely to be to legal research. Furthermore, it investigates the changes and the impact that electronic resources and the digital information environment might have on legal research. This entails a study of the unique characteristics of digital legal research and of the challenges that legal researchers face in a changing information environment.

  5. 保险人的说明义务法律问题研究%A Study on the Legal Issues of the Insurer's Explanation Obligation

    Institute of Scientific and Technical Information of China (English)

    张建

    2015-01-01

    保险制度是一种经济制度,也是一种法律关系。它在给我们生活带来保障的同时,也给我们带来一系列的困惑和难题。司法实践中因保险人是否履行了说明义务而引起的保险纠纷逐年增多。2009年《保险法》和《最高人民法院关于适用<保险法>若干问题的司法解释(二)》的出台,对保险人的说明义务作了更加严格的规定,但仍然存在许多缺陷,例如规范笼统、可操作性差等。本文意欲重新审视该制度,从社会公平正义与市场效率的视角,重点对说明义务的范围、履行方式和履行标准作系统而深入的探究,并在此基础上提出明确说明义务的范围、丰富履行方式、统一履行标准的可行性建议。%Insurance is not only an economic system,but also a legal relation.It provides safeguard for our life and gives us a series of puzzles and challenges.In justice practice,the number of dispute about insurer's explanation obligation increase year by year.The new "insurance law "and "supreme court's judicial interpretation on the application of 'insurance law'(II)"are intro-duced in 2009.They make strict regulation on insurer's explanation obligation.But there are still many shortcomings,such as general regulations and poor operability .This article is intended to re -examine this system.From the perspective of social jus-tice and equity and market efficiency,ingvestigate the scope,pattern,standard of performance on explanation obligation.Moreo-ver,make feasible and specific suggestions about the scope ,pattern,standard of performance on explanation obligation.

  6. Resistance in the Classroom: A Phenomenological Analysis of Student Responses to Gender-Related Issues.

    Science.gov (United States)

    Bobel, Christina

    Examining how students respond to gender-related issues, a study observed six classroom discussions of Fundamentals of Interpersonal Communication, an introductory level college course which integrated gender issues. Four different classes, each consisting of 25-30 male and female students averaging 18-20 years of age, participated in the study.…

  7. Marijuana Legalization: Impact on Physicians and Public Health.

    Science.gov (United States)

    Wilkinson, Samuel T; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A; D'Souza, Deepak Cyril

    2016-01-01

    Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health.

  8. Marijuana Legalization: Impact on Physicians and Public Health

    Science.gov (United States)

    Wilkinson, Samuel T.; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A.; D'Souza, Deepak Cyril

    2016-01-01

    Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health. PMID:26515984

  9. Legal Aspects of Crime Investigation in the Public Schools. ERIC/CEM State-of-the-Knowledge Series, Number Eleven.

    Science.gov (United States)

    Buss, William G.

    This monograph summarizes methods used to investigate and prevent crime in school, sketches possible legal claims that students might make as a result of these approaches to inschool crime prevention, and, in an extensive analysis of five court cases, gives particular attention to the legal issues related to searches of student lockers by school…

  10. Sources of Legal Liability among Physical Education Teachers

    Science.gov (United States)

    Babalola, Alla Joseph; Alayode, Ajibua Michael

    2012-01-01

    Legal issues in Physical Education are very germane to sport and physical activity development. Consequently, Physical Education teachers should be involved in studying laws that relates to P.E in the course of their professional preparation. It is worth noting that today, people are becoming more aware of their rights under the law. This has…

  11. Can legal research benefit from evaluation studies?

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2011-01-01

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

  12. Mobile Adhoc Network(MANETS : Proposed solution to Security Related Issues

    Directory of Open Access Journals (Sweden)

    Rachika Gupta

    2011-10-01

    Full Text Available Most of the research in MANETS has been focused on Routing issues. Security on the other hand has been given low priority. This paper provides an introduction to Mobile Adhoc Networks, Routing related issues and overview of security problems for MANETS, by distinguishing the threats on the basic mechanisms and securitymechanisms. It then addresses the possible solution to protect the security mechanism, which involves availability, integrity, authentication and non repudiation. These securities related issues are well addressed if one can provide methods that are pertinent for authentication, key distribution, and intrusion detection andrerouting in case of Byzantine failure in MANETS.

  13. The relationship between press release and newspaper coverage of tobacco-related issues in South Korea.

    Science.gov (United States)

    Cho, Kyung Sook; Yoon, Jangho

    2017-08-01

    This study investigates an association between press release and news media response on tobacco-related issues in South Korea. We retrieved 231 tobacco-related newspaper articles from all major dailies throughout the year 2005. In total, 37 press releases on tobacco-related issues and policies published by the Korea Ministry of Health and Welfare were obtained from the Ministry website. Content analysis and appropriate statistical tests were performed. Results from our content analysis suggest that producing more press releases on tobacco-related issues may result in a greater volume of newspaper articles, and that a press release on a new topical issue may effect more intense media coverage. Findings also show that when Korean newspaper articles overall held less favorable views of tobacco-related policies and programs in 2005, taxation was the most frequent theme with a non-positive opinion. Findings from our multivariate logistic regression models imply that a newspaper article with a source press release-especially about a new topical issue-is more likely than an article without a source press release to discuss tobacco-related issues more positively. Our findings suggest that a press release may serve as an effective media strategy for reaching out to the public by disseminating tobacco-control efforts and policies.

  14. Bank guarantee in Serbian and European legal systems

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

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

  15. Summary of an eleven-country study of socio-legal measures to combat drug abuse and related crime.

    Science.gov (United States)

    Asuni, T; Bruno, F

    1984-01-01

    In a comparative study of a group of experimental and control subjects in Argentina, Brazil, Costa Rica, Japan, Jordan, Italy, Malaysia, Singapore and the United States of America (State of New York), and of the results of independent studies conducted in Sweden and the United Kingdom of Great Britain and Northern Ireland, a rather close association was found to exist between drug abuse, criminal behaviour and social attitudes to such problems. Both drug abuse and the socio-legal systems varied greatly in the countries involved. No correlation was found between the level of foreseen or actual harshness of the socio-legal system and the level of seriousness of drug abuse and its associated criminality, but there was a significant correlation between knowledge of the law and the efficacy of the socio-legal system. In each country informal control systems, such as the family, church, school, neighbourhood and work environment, were active. Approximately one half of the subjects that were interviewed from countries with the most punitive socio-legal systems perceived informal controls as harsh and punitive while in the other countries such controls were generally perceived as positive. The study encouraged the review, testing and implementation of alternative measures to penal sanctions, particularly with a view to creating a genuine therapeutic approach to correcting the deviant behaviour of drug abusers.

  16. Access to workers' compensation benefits and other legal protections for work-related mental health problems: a Canadian overview.

    Science.gov (United States)

    Lippel, Katherine; Sikka, Anette

    2010-01-01

    This article reports on a study of the legal and policy framework governing access, in Canada, to workers' compensation benefits for workers who are work disabled because of mental health problems attributed to stressful working conditions and events. It also provides a brief description of legislation regulating psychological harassment in Quebec and Saskatchewan. Applying classic legal methodology, the article examines the legal situation in Canada, relying on federal and provincial legislation and case law. While many of the jurisdictions studied explicitly restrict compensability to the consequences of traumatic incidents, application of this legislation is very different from one province to the next. In some provinces, legal exclusions are applied emphatically, whereas in others the workers' compensation appeal tribunals interpret the legislative exclusions much more narrowly, allowing for some access to compensation despite the legislative exclusions. Other provinces have no such exclusions and accept claims for both acute and chronic stress, although access to compensation remains more difficult for claimants with mental health problems than for those who are physically injured, regardless of where they live. The article concludes by offering an analysis of the consequences of the current situation from a public policy and public health perspective, notably underlining the negative consequences, particularly for women, of current workers' compensation policy in most Canadian provinces.

  17. Legal Thinking on the Case of the Letters or Petition Related with Law and Litigation%涉法涉诉信访案件处置的法律思考

    Institute of Scientific and Technical Information of China (English)

    林玫瑰

    2011-01-01

    如何在法律框架内妥善解决涉法涉诉信访问题,确保社会公正,维护法律权威,是当今亟待解决的课题。文章从法律的角度,分析了当前涉法涉诉信访案件增多的原因,探讨我国目前涉法涉诉信访案件处置机制存在的缺失,并结合实际重点提出了有效处置涉法涉诉信访案件的原则与现实路径。%The urgent issue needed to resolve is to properly resolve letters or petition related with law and litigation, ensure social justice and maintain the legal authority. This paper analyses the reason of the increased case from the legal point of view, discusses the mechanisms loss of the case and combined with the practical focus, puts forwards the principle and countermeasure to solve the the case of letters or petition related with law and litigation.

  18. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

    This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...... and looks at the overlapping roles of authors as activists, teachers, communicators etc....

  19. Legal aspects of workers' health protection against asbestos in Poland in the light of the EU legal framework

    Directory of Open Access Journals (Sweden)

    Beata Świątkowska

    2013-10-01

    Full Text Available Legal protection of human life and health against asbestos dust-related hazards is carried out in various dimensions of the European Union law mainly focused on health protection of employees and responsibilities of employers, as well as on environmental protection. The aim of this paper is to present the Community legal issues emphasizing the protection of workers against asbestos and discuss the current state of Polish law in this regard. An analysis of recent legal solutions provides a comprehensive look at the extensive steps currently taken to reduce the risk of exposure to asbestos dust. The legislation in the European Union, including Poland indicates sound foundations for assuring health and safety of workers still exposed to asbestos and those formerly employed in asbestos processing plants. It is only postulated to unify high standards of healthcare to provide all workers employed in asbestos exposure with equal and particular legal protection. Med Pr 2013;64(5:689–697

  20. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study tw...

  1. Legal aid for victims in criminal proceedings in Portugal

    OpenAIRE

    Costa Ramos, Vânia

    2014-01-01

    The following article gives an overview of legal aid for victims in criminal cases in Portugal. It addresses the issues of a victim’s access to a lawyer, when and how the right is granted (right to legal assistance), and under what circumstances the victim has a right to financial legal aid (right to financial legal aid).

  2. Topical issues of psychological research materials on matters related to extremism

    Directory of Open Access Journals (Sweden)

    Sekerazh T.N.

    2014-12-01

    Full Text Available The article deals with methodological support psychological and linguistic research "extremist" materials. Presents a comprehensive psycho-linguistic approach to the examination of information materials on matters related to combating extremism and terrorism, and certain provisions of the methodology developed by the Russian federal center of judicial examination of the Ministry of Justice of the Russian Federation. Based on the analysis of the "verbal" crimes related to criminal legal interpretation of extremism and terrorism, highlighted the types of prohibited public expression of communicative action, corresponding to the seven types of "extremist" values. The article outlines the key features of psychological analysis "extremist" materials research stages. It is shown that the complex (psycho-linguistic approach to the study of materials of extremist orientation, is scientifically sound, methodically proven, appropriate to the needs of law enforcement, judicial and investigative practice.

  3. 图书馆图书采购招标法律属性研究%Study on the Legal Property Issue in Library Book Purchases

    Institute of Scientific and Technical Information of China (English)

    李万春

    2012-01-01

    To further standardize the market economic transactions in the legal acts, strengthening the implementation of the "PRC Tendering and Bidding Law" and "PRC Government Tender Law" efforts. Article describes the Library's important role in procurement tenders; Describes the need to adhere to procurement tenders books the four principles, from the three books discussed the legal nature of procurement bidding, Book purchases made in the bidding to note four aspects.%为进一步规范市场经济交易中的法律行为,加强执行《中华人民共和国招标投标法》和《中华人民共和国政府招标法》的力度。叙述了图书馆图书采购招标的重要作用,介绍了图书采购招标需坚持的四项原则,从3个方面论述了图书采购招投标的法律性质,提出了图书采购招投标中需要注意的4个方面的问题。

  4. 论食品安全问题的法律规制%Legal Institution on the Issue of Food Security

    Institute of Scientific and Technical Information of China (English)

    张敏

    2015-01-01

    The best way to solve the problem of food security, namely through the legal system construction and improvement of the legal mechanism for the formation of conventional social and economic management to regulate the behavior by law, and thus inspire citizens’ awareness of eth-ical considerations promoted to the extent of law. Only by this could completely improve the situa-tion of China's inadequacy of good faith and solve food safety problems.%解决食品安全问题的最佳途径,就是通过法律制度的构建与完善,形成一种经济社会与管理的常规法律机制,以法律来规范企业经营者的行为,进而激发公民对道德因素的认识,上升到法律的境界。只有这样才能彻底改善我国的诚信缺失现状,解决好食品安全问题。

  5. 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

    2017-09-18

    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.

  6. 政府信息公开的若干法律问题探究%A Study on the Legal Issues Regarding Publicity of Government Information

    Institute of Scientific and Technical Information of China (English)

    胡平

    2012-01-01

    The implementation of "Ordinance of publicity of government information" has far reaching significance in safeguarding citizens' right to know,improving government transparency,and promoting administration according to law.Nevertheless,in practice,the following issues are of vital importance: the proper definition of government information,the scope and disclosure methods of government information,the identification of excluded areas of government information,the understanding of how the ordinance fits into related regulations and the balance between government information publicity and privacy protection.%《政府信息公开条例》的施行,对保障公民知情权、提高政府工作透明度、促进依法行政意义重大。但在执法实践中,正确界定政府信息,明确政府信息的公开范围和方式,科学甄别政府信息公开的其他排除范围,厘清《政府信息公开条例》与相关法律的适用关系,以及掌握政府信息公开与"卷宗阅览权"、"隐私权"保护的关系至关重要。

  7. 政府信息公开的若干法律问题探究%A Study on the legal Issues Concerning Publicity of Government Information

    Institute of Scientific and Technical Information of China (English)

    胡平

    2012-01-01

    The implementation of "Ordinance of Publicity of Government Information" has far reaching significance in safeguarding citizens' right to know, improving government transparency, and promoting administration according to law. However, in practice, the following issues are of vital importance: the proper definition of government information, the scope and disclosure methods of government information, the identification of excluded areas of government information, the understanding of how the ordinance fits into related regulations and the balance of government information publicity and the protection of privacy.%《中华人民共和国政府信息公开条例》的施行,对于保障公民知情权、提高政府工作透明度、促进依法行政意义重大。但在执法实践中,正确界定政府信息,明确政府信息的公开范围和方式,科学甄别政府信息公开的其他排除范围,厘清《条例》与相关法律的适用关系,以及掌握政府信息公开与“卷宗阅览权”、“隐私权”保护的关系至关重要。

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

    Science.gov (United States)

    Aniteye, Patience; Mayhew, Susannah H

    2013-07-06

    Unsafe abortion is a major public health problem in Ghana; despite its liberal abortion law, access to safe, legal abortion in public health facilities is limited. Theory is often neglected as a tool for providing evidence to inform better practice; in this study we investigated the reasons for poor implementation of the policy in Ghana using Lipsky's theory of street-level bureaucracy to better understand how providers shape and implement policy and how provider-level barriers might be overcome. In-depth interviews were conducted with 43 health professionals of different levels (managers, obstetricians, midwives) at three hospitals in Accra, as well as staff from smaller and private sector facilities. Relevant policy and related documents were also analysed. Findings confirm that health providers' views shape provision of safe-abortion services. Most prominently, providers experience conflicts between their religious and moral beliefs about the sanctity of (foetal) life and their duty to provide safe-abortion care. Obstetricians were more exposed to international debates, treaties, and safe-abortion practices and had better awareness of national research on the public health implications of unsafe abortions; these factors tempered their religious views. Midwives were more driven by fundamental religious values condemning abortion as sinful. In addition to personal views and dilemmas, 'social pressures' (perceived views of others concerning abortion) and the actions of facility managers affected providers' decision to (openly) provide abortion services. In order to achieve a workable balance between these pressures and duties, providers use their 'discretion' in deciding if and when to provide abortion services, and develop 'coping mechanisms' which impede implementation of abortion policy. The application of theory confirmed its utility in a lower-middle income setting and expanded its scope by showing that provider values and attitudes (not just resource

  9. Popper and Dingle on special relativity and the issue of symmetry

    Science.gov (United States)

    Dotson, Allen Clark

    2012-02-01

    Karl Popper and Herbert Dingle engaged in a fascinating debate concerning the kind of theory the special theory of relativity is. One of the issues was whether applications of the theory could be made consistent with the principle of relativity, a cornerstone of the theory itself. The principle of relativity seems to imply some sort of symmetry in results obtained for similar experiments as observed in two different inertial reference frames. Peter Hayes has recently dealt with the Dingle-Popper debate on this matter, as well as other issues. The present paper seeks to clarify what kind of symmetry is appropriate in a situation discussed by Popper, Dingle, and Hayes.

  10. University Intervention into Community Issues as Dialogic Public Relations: A Case Study

    Science.gov (United States)

    Byrne, Jamie M.

    2007-01-01

    This paper examines a study of the wastewater collection and treatment issues of Little Rock and North Little Rock, Arkansas by University of Arkansas at Little Rock personnel and how it constitutes dialogic public relations. The paper defines dialogic public relations using Kent and Taylor's work and then uses their criteria to describe how this…

  11. National Technology Standards for K-12 Schools: A Case Study of Unresolved Issues in Public Relations

    Science.gov (United States)

    Mullen, Carol A.; Kealy, William A.; Sullivan, Ashley

    2004-01-01

    This article addresses an important need--the dissemination of information relating to technology as a public relations tool--and the associated exigency for administrator and teacher technology training. Specifically, we identify the increased expectations for the performance of school leaders and teachers, as well as unresolved issues in public…

  12. Introduction to the Special Issue: New and Interdisciplinary Approaches to Linguistic Relativity

    Science.gov (United States)

    Athanasopoulos, Panos; Bylund, Emanuel; Casasanto, Daniel

    2016-01-01

    This Special Issue of "Language Learning" presents an interdisciplinary state-of-the-art overview of current approaches to linguistic relativity. It contains empirical and theoretical studies and reflections on linguistic relativity from a variety of perspectives, such as associative learning, conceptual transfer, multilingual awareness,…

  13. 76 FR 52731 - On-Line Complaint Form for Service-Related Issues in Air Transportation

    Science.gov (United States)

    2011-08-23

    ... Office of the Secretary On-Line Complaint Form for Service-Related Issues in Air Transportation AGENCY... is complaining, flight date, flight number, and origin and destination cities of complainant's trip...- travel related information from the ACPD. The Department has limited its informational request to...

  14. University Intervention into Community Issues as Dialogic Public Relations: A Case Study

    Science.gov (United States)

    Byrne, Jamie M.

    2007-01-01

    This paper examines a study of the wastewater collection and treatment issues of Little Rock and North Little Rock, Arkansas by University of Arkansas at Little Rock personnel and how it constitutes dialogic public relations. The paper defines dialogic public relations using Kent and Taylor's work and then uses their criteria to describe how this…

  15. Introduction to the Special Issue: New and Interdisciplinary Approaches to Linguistic Relativity

    Science.gov (United States)

    Athanasopoulos, Panos; Bylund, Emanuel; Casasanto, Daniel

    2016-01-01

    This Special Issue of "Language Learning" presents an interdisciplinary state-of-the-art overview of current approaches to linguistic relativity. It contains empirical and theoretical studies and reflections on linguistic relativity from a variety of perspectives, such as associative learning, conceptual transfer, multilingual awareness,…

  16. The Concept of Legal Coercion and Power-Conferring Legal Regimes

    Directory of Open Access Journals (Sweden)

    Sergey Tretyakov

    2017-01-01

    Full Text Available The basic question of the paper: are power-conferring legal rules coercive and in what sense can we say that power-conferring legal rules coerce? In his recent book, Frederick Schauer answers the first question in the affirmative and proposes an interesting account of how it works. I believe that this claim is unsustainable due to the inconsistencies in the psychological account of coercion applied by Schauer, and his theory’s unrestricted reliance on counterfactuals. In what follows, I try to reconstruct the thesis on the coerciveness of the power-conferring legal rules. The basic insight is that the powerconferring legal rules coerciveness claim is inextricably connected to the unmoralized account of coercion, as any moralized theory shifts the problem from coercion to the issue of distributive justice. However, the unmoralized concept of coercion can hardly be coherent in law because it makes coercion a matter of context, dependent on the willpower of each individual, which threatens to eliminate the force of law as such. Even applied on its own terms, the unmoralized concept of coercion is unworkable within the context of power-conferring through law because power-conferring legal regimes do not eliminate non-legal alternatives, making it dependent on the will of the legal subjects themselves. Schauer’s everlasting contribution lies in his ingenious attempt to substantiate the coercion (of power-conferring rules claim relying on counterfactuals.A (coerced choice has been limited relative to some situation which never occurred but would or should have occurred. In order to limit a set of counterfactuals, making them realistic (preferences and needs are limited only by imagination, one should impose severe limits on them, which makes it impossible to characterize the particular situations described by Schauer as coercive in that sense.

  17. Quality of life in patients with age-related macular degeneration with monocular and binocular legal blindness Qualidade de vida de pacientes com degeneração macular relacionada à idade com cegueira legal monocular e binocular

    Directory of Open Access Journals (Sweden)

    Roberta Ferrari Marback

    2007-01-01

    Full Text Available OBJECTIVE: To evaluate the quality of life for persons affected by age-related macular degeneration that results in monocular or binocular legal blindness. METHODS: An analytic transversal study using the National Eye Institute Visual Functioning Questionnaire (NEI VFQ-25 was performed. Inclusion criteria were persons of both genders, aged more than 50 years old, absence of cataracts, diagnosis of age-related monocular degeneration in at least one eye and the absence of other macular diseases. The control group was paired by sex, age and no ocular disease. RESULTS: Group 1 (monocular legal blindness was composed of 54 patients (72.22% females and 27.78% males, aged 51 to 87 years old, medium age 74.61 ± 7.27 years; group 2 (binocular legal blindness was composed of 54 patients (46.30% females and 53.70% males aged 54 to 87 years old, medium age 75.61 ± 6.34 years. The control group was composed of 40 patients (40% females and 60% males, aged 50 to 81 years old, medium age 65.65 ± 7.56 years. The majority of the scores were statistically significantly higher in group 1 and the control group in relation to group 2 and higher in the control group when compared to group 1. CONCLUSIONS: It was evident that the quality of life of persons with binocular blindness was more limited in relation to persons with monocular blindness. Both groups showed significant impairment in quality of life when compared to normal persons.OBJETIVO: Avaliar a qualidade de vida de portadores de degeneração macular relacionada à idade com cegueira legal monocular e binocular. MÉTODOS: Foi realizado estudo transversal analítico por meio do questionário National Eye Institute Visual Functioning Questionnaire (NEI VFQ-25. Os critérios de inclusão foram: indivíduos de ambos os sexos, idade maior que 50 anos, ausência de catarata, diagnóstico de degeneração macular relacionada à idade avançada em pelo menos um dos olhos, sem outras maculopatias. O Grupo Controle

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

    OpenAIRE

    2013-01-01

    BACKGROUND The power to influence many social determinants of health lies within local government sectors that are outside public health's traditional remit. We analyse the challenges of achieving health gains through local government alcohol control policies, where legal and professional practice frameworks appear to conflict with public health action. METHODS Current legislation governing local alcohol control in England and Wales is reviewed and analysed for barriers and opportunities to i...

  19. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...

  20. 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.

  1. 校企合作法律问题的调查分析%An Investigation and Analysis of the Legal Issues on University-Enterprise Cooperation

    Institute of Scientific and Technical Information of China (English)

    罗菁; 范杰

    2015-01-01

    Nowadays , the two vocational education models -university -enterprise cooperation and work-integrated learning ,have been approved by people in the system of the National Vocational Education and they also want to promote the deep level reform of university -enterprise cooperation . However ,because university-enterprise cooperation was only short-term ,in small-scale ,superficial and in form , the implementation of it meets many obstacles and difficulties . What’ s the problem?What’s the source?Whether to solve it by legal methods or not?Based on these ,this article discussed whether or not legal construction and system management can promote the long-term development of u‐niversity-enterprise cooperation in vocational education .%校企合作,工学结合的职业教育模式已经被全国职业教育界所认同,探索校企合作的深层次改革。但是,在实施过程中阻力很大,困难重重。校企合作只是短期的、小范围的、浅层次和形式上的。问题在什么地方?根源在哪?能否通过法律手段来解决?文章探讨能否通过法治建设和制度管理,促进职业教育校企合作的长效发展。

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

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2014-03-01

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

  3. A Goddess for semiotics of law and legal discourse

    Directory of Open Access Journals (Sweden)

    Jan M. Broekman

    2011-12-01

    Full Text Available The work of the great American philosopher Charles Sanders Peirce (1839-1914 becomes more and more appreciated beyond the boundaries of his pragmatism, a philosophical mainstream he founded in the early 20th century. This essay is inspired by five points of interest, all of which focus on law and legal discourse. Firstly, one should acknowledge that his proposal pertaining to a general theory of signs, which he called ‘semeiotics’ around 1860, leads to an untraditional and in-depth understanding of legal discourse: in essence, of law as a system of specific meanings and signs. Semiotics in general became a substantial part of his ‘evolutionary cosmology,’ an all-embracing approach to tackle classical and modern philosophical issues. Secondly, his anthropological intuition based on semiotics, (concentrated in the formula ‘man is a sign’ became important for our understanding of a human subject’s position in law, as author of a legal discourse as well as an individual subjected to law. Thirdly, the tensions between chance and continuity in legal discourse are of focal interest for the creation of legal meaning in law’s practices. Novelty, Peirce suggested in this context, occurs by the grace of chance rather than of continuity and fixed traditions. Fourthly, Roberta Kevelson (1931-1998 explored and expanded the field of legal semiotics on the basis of the works of Peirce. In doing so, she established an American tradition of legal semiotics distinct from a European tradition, which related more to linguists, psychologists and philosophers embracing structuralism. Fifthly, Tyche, the Ancient Goddess of fate and fortune, is because of Peirce’s references more at home in the US legal semiotic tradition. Her fame and influence reaches beyond law and became supported by recent archaeological discoveries, publications and exhibitions, which not only provide information about her background, but also underline her possible influence on

  4. School Counselors and Consultants: Legal Duties and Liabilities.

    Science.gov (United States)

    McCarthy, Martha M.; Sorenson, Gail Paulus

    1993-01-01

    Provides overview of legal issues and problems salient to school counselors who provide direct services to students or indirect services through consultation. Among legal issues addressed are privacy, confidentiality, and privilege. Also covered are legal duties pertaining to handling student records, conducting research, reporting child abuse,…

  5. 中韩FDI法律制度若干问题对比研究%A Comparative Study of the Legal System and South Korea FDI Issues

    Institute of Scientific and Technical Information of China (English)

    王军有

    2014-01-01

    自1992年两国正式建立外交关系以来,中韩两国经济交往日益加深。在直接投资领域,1992年中韩《关于鼓励和相互保护投资协定》、2012年中日韩《关于促进、便利和保护投资的协定》及两国的相关国内法都为两国间投资的顺利开展提供了保障。2012年两国政府又正式签订了FTA的官方谈判,这将为两国间投资产生更加深远的影响。笔者仅通过本文对目前中韩两国外商直接投资(FDI)法律制度的投资待遇等问题进行粗浅比较,以期对我国FDI法律制度的完善有所裨益。%Since 1992 the two countries established formal diplomatic relations,economic exchanges between China and ROK deepens.In direct investment field,Sino-South Korea "Concerning the Encouragement and Reciprocal Protection of Invest-ment Agreement"in 1992,Sino-Japan-South Korea "on the promotion,facilitation and investment protection agreements"in 2012 and related domestic law of two countries provide a guarantee for successful investment in two countries.In 2012 the two governments also signed official FTA negotiations,which will produce a more profound impact on investments of the two countries.The author only roughly compares issues about investment treatment of current Sino-South Korea FDI law system by the article.Hoping to be beneficial to the perfection of FID law system in our country.

  6. Containment-emergency-sump performance. Technical findings related to Unresolved Safety Issue A-43. [PWR

    Energy Technology Data Exchange (ETDEWEB)

    1983-04-01

    This report summarizes key technical findings related to the Unresolved Safety Issue A-43, Containment Emergency Sump Performance, and provides recommendations for resolution of attendant safety issues. The key safety questions relate to: (a) effects of insulation debris on sump performance; (b) sump hydraulic performance as determined by design features, submergence, and plant induced effects, and (c) recirculation pump performance wherein air and/or particulate ingestion can occur. The technical findings presented in this report provide information relevant to the design and performance evaluation of the containment emergency sump.

  7. Framing Islam-related issues during GE13: An analysis of Malaysian mainstream newspapers

    Directory of Open Access Journals (Sweden)

    Aini Maznina A.Manaf

    2015-06-01

    Full Text Available Abstract: The two major political coalitions in Malaysia are Barisan Nasional  (BN and Pakatan Rakyat (PR, which are dominated by the Malay-Muslim majority. During the 13th national election, to gain public votes, the government used mainstream newspapers to frame Islam-related issues. This research focuses on the characterisation and information reported about Islam and Muslims during the 13th General Election. Using content analysis, we examine the coverage of such issues by the mainstream newspapers: Berita Harian, Utusan Malaysia, New Straits Times, and The Star. This analysis aims to provide a holistic review of the scope of the coverage during the period with a focus on how the Malaysian government framed Islam-related issues through the print media in order to gain the Malay votes. A total of 178 news articles were analysed, from which we found that 15 dominant issues were reported in the newspapers during that period. Among the most frequently reported Islam-related issues were hudud (prescribed punishments, Islamic state, and kalimah Allah (the word “Allah”, which were predominantly covered by the Malay newspapers. In addition, the data indicated that most of the news were inclined towards supporting the ruling coalition, i.e., Barisan Nasional.

  8. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment...

  9. 网络广告监管法律问题研究%The Research of Legal Issues of Network Advertising Regulation

    Institute of Scientific and Technical Information of China (English)

    林承铎; 杨彧苹

    2012-01-01

    The confusing online advertising legal system and the confusion of online advertising subject lead to a lot of problems such as unfair competition,false advertising,spam and hidden advertising.The existing advertising law system has significantly lagged behind the development of online advertising.To analyse the different types of online advertising problems and their regulatory measures,we can find the experience as well as the existing inadequacies in the progress of advertising regulation.The authors have offered some suggestions to improve the online advertising regulatory system such as to improve the online advertising legal system,to make a distinction between the subject qualification of network advertising and online advertising campaigns,to strengthen its monitoring of the network subject qualification,to determine the best online advertising regulatory bodies and to encourage regulatory approach innovation and supervision according to law.%网络广告法律体系混乱、网络广告主体划分不清等造成不正当竞争、虚假广告、垃圾广告和隐性广告等问题突出,现行广告法律法规对于网络广告的监管已显滞后。对网络广告中存在的问题进行类型化的分析,结合现行监管对策,剖析我国在网络广告监管中取得的经验以及存在的不足之处。最后提出了完善网络广告监管体系的一些建议:完善网络广告法律体系、区分网络广告活动与网络广告主体资格、加强网络广告主体资格的监管、确定最佳的网络广告监管机构和鼓励监管方式创新和依法监管。

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

    Directory of Open Access Journals (Sweden)

    Ranković Nenad

    2016-01-01

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

  11. Health-related biotechnology transfer to Africa: principal-agency relationship issues.

    Science.gov (United States)

    Kirigia, J M; Muthuri, L K; Kirigia, D G

    2007-01-01

    The aim of this paper is to stimulate debate on the agency (principal-agent) in health-related biotechnology research. It attempts to answer the following questions: What is health-related biotechnology and biotechnology research? What is an agency? What factors are likely to undermine the principal's capacity to exercise informed consent? When might the principal-agency problem arise? How could the agency in biotechnology transfer be strengthened in Sub-Saharan Africa (SSA)? The transfer of health-related biotechnology to SSA ought to be preceded by research to ascertain the effectiveness of such technologies on population health. In that process, the national ethical review committee (REC), as an agent of every human research subject (principal), ought to ensure that international principles (e.g. beneficence, non-malfeasance, autonomy, justice, dignity, truthfulness and honesty) for human experimentation are observed by biotechnology researchers in order to satisfy moral, ethical and legal requirements. The key factors that undermine principals' sovereignty in exercising their right to informed consent to participate in biotechnology trials are discussed. The paper ends with a list of activities that can strengthen the agency, e.g. legislative requirement that all health-related biotechnology transfer should be preceded by rigorous evaluation; continuous update of the agents knowledge of the contents of the international ethical guidelines; and education of potential and actual principals on their human rights; among others.

  12. 北极地区200海里外大陆架划界法律问题研究%ANALYSIS OF THE LEGAL ISSUES OF DELIMITING THE OUTER LIMITS OF THE ARCTIC CONTINENTAL SHELF BEYOND 200 NAUTICAL MILES

    Institute of Scientific and Technical Information of China (English)

    吴迪

    2011-01-01

    随着北极冰盖的融化,开采北极蕴藏丰富的石油、矿产资源越来越具有现实可行性,北极地区200海里外大陆架划界问题日益成为各国关注的热点.分析北极地区200海里外大陆架划界的国际法基础、主要法律问题以及学界对解决该问题的建议,认为200海里外大陆架划界不可能通过某一特定程序一次性解决,而是现有国际法框架内各国共同参与、区分不同阶段、依次解决多个问题的综合过程.北极地区200海里外大陆架问题不仅仅是地区事务,也同非北极国家切身利益息息相关.中国应当加强该问题的研究,以期作出积极、适当的反应.%As the Arctic ice cap is melting rapidly, it will be technically possible in the near future for Arctic coastal countries ( Russia, Denmark, Norway, Canada and the United States) to exploit the natural resources hidden in the Arctic region. The delimitation of the continental shelf in the Arctic will be a complicated procedure because of a number of factors; the geological structure of the Arctic continental shelf; the non-legally binding recommendation of the Commission on the limits of the Continental Shelf; the defects in the UNCLOS dispute settlement mechanism; and the fragile Arctic environment system. This article will focus largely on treaty law, legal issues, and a settlement model of the delimitation of the Arctic outer continental shelf. Arctic outer continental shelf issues are not only regional affairs, but are also closely related to China' s vital interests. To ensure China s sustainable and stable economic development, we should pay greater attention to legal rights regarding the natural resources of the sea. China is expected to influence the final settlement of the Arctic outer continental shelf via active and stable legal methods to safeguard its own legitimate interests.

  13. 网上证券交易监管有关法律问题初论%The relevant legal issues of online securities trading regulation on

    Institute of Scientific and Technical Information of China (English)

    陈益杰

    2014-01-01

    the Internet securities transaction in modern society is a typical mode of e-commerce transactions, it has the advantages of low cost, fast amount is large, virtual, international characteristic, therefore, the rapid development, has become the main trade form of modern securities trading. It is the traditional securities exchange has great influence, therefore, urgently for the supervision of the. This paper is on the online securities trading of the relevant legal problems are simple at the beginning of, with a view to the in-depth study of the online securities trading is some help.%网上证券交易是现代社会一种典型的电子商务交易模式,它具有费用低廉、快捷量大、虚拟性、国际性的特点,因此,发展迅猛,成为现代证券交易的主要交易形式。它对传统证券交易具有很大的影响,因此,亟待对其进行相应的监管。本文就是对网上证券交易的有关法律问题进行简单的初论,以期对深入研究网上证券交易有些许帮助。

  14. Legal aspects of business development and innovation in Poland

    Directory of Open Access Journals (Sweden)

    Dariusz Grzegorz Żak

    2013-06-01

    Full Text Available At the beginning of this article the basic concepts related to the topic issues are presented. The article focuses on the rationale and ideas of creating entrepreneurship and innovation. On the one hand the work’s aim is to show the basic legal instruments which allow to conduct business in Poland, and to demonstrate the role of state bodies in the promotion of entrepreneurship. However, on the other hand the aim of this work is to show the legal instruments connected with competition and encourage entrepreneurs’ innovativeness, taking into account the current needs and trends occurring on the market.

  15. Musicians’ profession-related health issues and their evolving transformative learning through biography

    NARCIS (Netherlands)

    Rineke Smilde

    2009-01-01

    Within a study on ‘musicians as lifelong learners’, explorative biographical research was used. When analysing the learning biographies informed by grounded theory, the emergence of profession-related health issues was striking. More than half of the portrayed musicians suffered from both physical

  16. Key issues of public relations of Europe: findings from the European Communication Monitor 2007-2014

    NARCIS (Netherlands)

    Verčič, D.; Verhoeven, P.; Zerfass, A.

    2014-01-01

    European Communication Monitor is the largest longitudinal research project in public relations practice in the world. Data collected annually from 2007 to 2014 show that practitioners perceive five issues as the most important for their work: linking business strategy and communication, coping with

  17. A Study of Current Trends and Issues Related to Technical/Engineering Design Graphics.

    Science.gov (United States)

    Clark, Aaron C.; Scales Alice

    2000-01-01

    Presents results from a survey of engineering design graphics educators who responded to questions related to current trends and issues in the profession of graphics education. Concludes that there is a clear trend in institutions towards the teaching of constraint-based modeling and computer-aided manufacturing. (Author/YDS)

  18. Teacher to Teacher: What Texts Effectively Raise Issues Related to 9/11 for Secondary Students?

    Science.gov (United States)

    English Journal, 2006

    2006-01-01

    This article deals with texts that effectively raise issues related to 9/11 for secondary students, as discussed by several teachers. Kevin J. Collins from St. Thomas Aquinas High School says, "Elephant," Gus Van Sant's exploration of a Columbine-like tragedy, underscores the current generation's attempt to define the meaning of events in…

  19. Early Childhood Education: Status, Trends, and Issues Related to Electronic Delivery.

    Science.gov (United States)

    Rothenberg, Donna

    As part of a broad investigation of the role of large-scale, satellite-based, educational telecommunication systems, the trends and issues in early childhood education in relation to electronic delivery are discussed in some detail. The population and numbers currently served by pre-primary programs, and school setting by type of control (public…

  20. How Do Learners in Developed and Developing Countries Relate to Environmental Issues?

    Science.gov (United States)

    Trumper, Ricardo

    2010-01-01

    The present study was carried out in the framework of earlier research on environmental education for sustainability, using data collected in the ROSE Project. Attention was focused mainly on students' responses to sections and items related to environmental issues, regarding their countries' degree of development. The research questions dealt…