Journal articles: 'Legal practitioner'

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Hart, Caroline Lydia. "Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners." International Journal of Rural Law and Policy, no. 2 (December 31, 2012): 1–17. http://dx.doi.org/10.5130/ijrlp.i2.2012.2660.

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Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. This paper refers to the legislation and the literature on the range of business structures, before giving an insight into the actual choice of business structures used by Queensland regional, rural and remote legal practitioners. What is the awareness of the new business structures? And are there factors inhibiting RRR legal practitioners from their use? This paper draws on over 30 interviews with sole practitioners, partners and legal practitioner directors about their choice of business structure.

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Kouzoukas, Demetrios L. "Public Health Emergency Legal Preparedness: Legal Practitioner Perspectives." Journal of Law, Medicine & Ethics 36, S1 (2008): 18–22. http://dx.doi.org/10.1111/j.1748-720x.2008.00255.x.

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This paper provides an overview of recent US Department of Health and Human Services (HHS) initiatives and efforts — under the leadership of the General Counsel, the Secretary, and the President — regarding legal preparedness for public health emergencies. In addressing this topic, the paper focuses on four core elements comprising public health legal preparedness:(1)effective legal authorities to support necessary public health activities;(2)competencies of public health professionals to know and then to apply those laws;(3)coordination of the application of laws across jurisdictions (local, state, tribal, federal, and international) and across multiple sectors; and(4)information and best practices in public health law.

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Genta-Fons, Teresa. "Trade, Development, and the Legal Practitioner." Proceedings of the ASIL Annual Meeting 100 (2006): 229–31. http://dx.doi.org/10.1017/s0272503700024356.

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Philpot, Steve, and David Anderson. "The ethical and legal implications of the Human Tissue Amendment Act 2020 (Vic)." Critical Care and Resuscitation 23, no. 3 (September 6, 2021): 245–47. http://dx.doi.org/10.51893/2021.3.pov.

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The Human Tissue Act 1982 (Vic) has recently been amended by the Human Tissue Amendment Act 2020(Vic). In an effort to better reflect the modern practice of organ donation, the intention of the amendment is to include a process for the authorisation of ante-mortem procedures in patients being considered for organ donation after circulatory determination of death(DCDD). As part of this process, the amendment introduces a new requirement for consent for such ante-mortem procedures, and specifies that: A designated officer for a hospital must not give an authority … in respect of a person unless, where the respiration or the circulation of the blood of the person is being maintained by artificial means, two registered medical practitioners, neither of whom is the designated officer and each of whom has been for a period of not less than five years a registered medical practitioner, have each certified in writing — that the practitioner has carried out a clinical examination of the person while the respiration or the circulation of the blood of that person was being maintained by artificial means; and that, in the practitioner’s opinion, at the time of examination, death of the person would occur as a result of the withdrawal of the artificial means of maintaining the respiration or the circulation of the blood of the person.

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Johns, Christopher. "Unravelling The Dilemmas Within Everyday Nursing Practice." Nursing Ethics 6, no. 4 (July 1999): 287–98. http://dx.doi.org/10.1177/096973309900600404.

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Each day, nurse practitioners are faced with clinical situations and dilemmas that have no obvious right answers. This article sets out the process of ethical mapping as a reflective device to enable practitioners to reflect on dilemmas of practice in order to learn through the experience and inform future practice. Ethical mapping is illustrated around a single experience that an intensive care practitioner shared in an ongoing guided reflection relationship. Within this process the practitioner draws on ethical principles to inform the particular situation, notably autonomy, doing harm, truth telling and advocacy. Through reflection, ethical principles are transcended and assimilated into knowing in practice, enabling the practitioner to become more ethically sensitive in responding to future situations.

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Taylor, Enid. "Book Review: Medico-Legal Practitioner Series: Ophthalmology." Medicine, Science and the Law 38, no. 4 (October 1998): 358. http://dx.doi.org/10.1177/002580249803800415.

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Cason, Jana, and Janice A. Brannon. "Telehealth Regulatory and Legal Considerations: Frequently Asked Questions." International Journal of Telerehabilitation 3, no. 2 (December 20, 2011): 15–18. http://dx.doi.org/10.5195/ijt.2011.6077.

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As telehealth gains momentum as a service delivery model in the United States within the rehabilitation professions, regulatory and legal questions arise. This article examines the following questions:1. Is there a need to secure licenses in two states (i.e., where the practitioner resides, and where the client is located), before engaging in telehealth?2. Do state laws differ concerning if and how telehealth can occur?3. Do any states expressly disallow telehealth?4. Can services delivered through telehealth be billed the same way as services provided in-person?5. If practitioners fulfill the requirements to maintain licensure (e.g., continuing education obligations) in their state of residence, do they also need to fulfill the requirements to maintain licensure for the state in which the client resides?6. Will professional malpractice insurance cover services delivered through telehealth?7. Does a sole practitioner need to abide by HIPAA regulations?Responses to these questions are offered to raise awareness of the regulatory and legal implications associated with the use of a telehealth service delivery model

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Schwegel, Claire, Nicole Rothman, Kimberly Muller, Stephanie Loria, Katherine Raunig, Jamie Rumsey, Johanna Fifi, Thomas Oxley, and J. Mocco. "Meeting the evolving demands of neurointervention: Implementation and utilization of nurse practitioners." Interventional Neuroradiology 25, no. 2 (September 30, 2018): 234–38. http://dx.doi.org/10.1177/1591019918802411.

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Growth in the neurointerventional field, as a result of the emergence of thrombectomy as the gold standard treatment for large vessel occlusions, has created complex challenges. In an effort to meet evolving demands and fill workflow gaps, nurse practitioners have taken on highly specialized roles. Neurointerventional care has rapidly evolved similarly to interventional cardiac care, in that nurse practitioners are successfully being incorporated as procedural assistants in catheterization laboratories. Similar utilization of nurse practitioners in interventional neuroradiology holds the capacity to decrease physician workload, mitigate stresses contributing to burn-out, and reallocate more physician time to procedures. Nurse practitioner practice faces procedural, clinical, legal and interpersonal barriers. Despite calls for expanded practice by the Institutes of Medicine, a paucity of nurse practitioner training opportunities exists. Fragmented privileging processes contribute to environments where nurse practitioners must navigate hurdles without established interventional neuroradiology-specific precedent. Increased nurse practitioner mentorship, fluoroscopy law standardization, physician support surrounding nurse practitioner autonomy, and role consistency is imperative for optimal nurse practitioner utilization. Nurse practitioners are uniquely equipped to bridge evolving gaps through the provision of safe, efficacious care, and generating revenue at lower costs. Discussion surrounding nurse practitioner use to bridge workflow gaps is an exciting opportunity for future practice development.

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Pirie, Susan. "Legal and Professional Issues for the Perioperative Practitioner." Journal of Perioperative Practice 22, no. 2 (February 2012): 57–62. http://dx.doi.org/10.1177/175045891202200203.

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The aim of this article is to provide guidance to perioperative practitioners on some of the legal and professional issues associated with their practice. It is anticipated that students and practitioners new to the perioperative environment will find this article can assist them in relating the issues discussed to their own practice. More experienced practitioners can refresh their knowledge of these issues.

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FINCH, J. D. "LEGAL OBLIGATIONS AND RESPONSIBILITIES OF THE MEDICAL PRACTITIONER." British Journal of Anaesthesia 59, no. 7 (July 1987): 870–76. http://dx.doi.org/10.1093/bja/59.7.870.

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Leenes, Ronald, and Jörgen Svensson. "Supporting the legal practitioner: LKBS or web?1." Information & Communications Technology Law 6, no. 3 (October 1997): 217–28. http://dx.doi.org/10.1080/13600834.1997.9965769.

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Kaisen, Ann Robichean. "The Nurse Practitioner??s Business Practice and Legal Guide." Home Healthcare Nurse: The Journal for the Home Care and Hospice Professional 17, no. 7 (July 1999): 469. http://dx.doi.org/10.1097/00004045-199907000-00018.

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Rovito, Michael J., Janna Manjelievskaia, James E. Leone, Michael Lutz, Chase T. Cavayero, and David Perlman. "Recommendations for Treating Males: An Ethical Rationale for the Inclusion of Testicular Self-Examination (TSE) in a Standard of Care." American Journal of Men's Health 12, no. 3 (December 3, 2015): 539–45. http://dx.doi.org/10.1177/1557988315620468.

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The phrase “standard of care” is primarily a legal term representing what procedure a reasonable person (i.e., health practitioner) would administer to patients across similar circumstances. One major concern for health practitioners is delivering and advocating for treatments not defined as a standard of care. While providing such treatments may meet certain ethical imperatives, doing so may unwittingly trigger medical malpractice litigation fears from practitioners. Apprehension to deviate, even slightly, from the standard of care may (seem to) put the practitioner at significant risk for litigation, which, in turn, may limit options for treatment and preventive measures recommended by the practitioner. Specific to testicular treatment, certain guidelines exist for cancer, torsion, vasectomy, and scrotal masses, among others. As it relates to screening, practitioner examination is expected for patients presenting with testicular abnormalities. Testicular self-examination (TSE) advocacy, however, is discouraged by the U.S. Preventive Services Task Force, which may prompt a general unwillingness among health practitioners to promote the behavior. Considering the benefits TSE has beyond cancer detection, and the historical support it has received among health practitioners, it is paramount to consider the ethical implications of its official “exclusion” from preventive health and clinical care recommendations (i.e., standard of care). Since good ethics should lead practitioner patient care guidelines, not fear of increased malpractice risks, we recommend the development of a standard of care for counseling males to perform TSE.

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Kennelly, John. "Ethics: Medical ethics: four principles, two decisions, two roles and no reasons." Journal of Primary Health Care 3, no. 2 (2011): 170. http://dx.doi.org/10.1071/hc11170.

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The four principle view of medical ethics has a strong international pedigree. Despite wide acceptance, there is controversy about the meaning and use of the principles in clinical practice as a checklist for moral behaviour. Recent attempts by medical regulatory authorities to use the four principles to judge medical practitioner behaviour have not met with success in clarifying how these principles can be incorporated into a legal framework. This may reflect the philosophical debate about the relationship between law and morals. In this paper, legal decisions from two cases in which general practitioners have been charged with professional shortcomings are discussed. Difficulties with the application of the four principles (autonomy, beneficence, nonmaleficence and justice) to judge medical practitioner behaviour are highlighted. The four principles are relevant to medical practitioner behaviour, but if applied as justifications for disciplinary decisions without explanation, perverse results may ensue. Solutions are suggested to minimise ambiguities in the application of the four principles: adjudicators should acknowledge the difference between professional and common morality and the statutory requirement to give decisions with reasons.

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Lee, Marcia S. "Good, better, best? A model for Australian practitioners of forensic vocational assessment." Australian Journal of Rehabilitation Counselling 26, no. 1 (April 2, 2020): 43–47. http://dx.doi.org/10.1017/jrc.2020.8.

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AbstractVocational assessment is the foundation of future vocational choices available to a person with a disability. In a compensable environment with potential for litigation, the assessment process becomes more complex and challenging for claimant, practitioner, and other stakeholders. The purpose of forensic (medicolegal) vocational assessment in Australia is reviewed. Comparison of ethics, qualifications, and experience of Australian forensic assessors (practitioners) and their North American counterparts points to an urgent need for an accreditation framework. This paper discusses microaccreditation as an independent model of training and credentialing of Australian forensic vocational practitioners. Credentialing the forensic vocational practitioner serves to underpin the quality and rigor of vocational assessments undertaken in a highly scrutinized legal market.

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Hershey, Tina Batra, Elizabeth Van Nostrand, Rishi K. Sood, and Margaret Potter. "Legal Considerations for Health Care Practitioners After Superstorm Sandy." Disaster Medicine and Public Health Preparedness 10, no. 3 (March 29, 2016): 518–24. http://dx.doi.org/10.1017/dmp.2016.33.

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AbstractDuring disaster response and recovery, legal issues often arise related to the provision of health care services to affected residents. Superstorm Sandy led to the evacuation of many hospitals and other health care facilities and compromised the ability of health care practitioners to provide necessary primary care. This article highlights the challenges and legal concerns faced by health care practitioners in the aftermath of Sandy, which included limitations in scope of practice, difficulties with credentialing, lack of portability of practitioner licenses, and concerns regarding volunteer immunity and liability. Governmental and nongovernmental entities employed various strategies to address these concerns; however, legal barriers remained that posed challenges throughout the Superstorm Sandy response and recovery period. We suggest future approaches to address these legal considerations, including policies and legislation, additional waivers of law, and planning and coordination among multiple levels of governmental and nongovernmental organizations. (Disaster Med Public Health Preparedness. 2016;10:518–524)

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Famuyide, Mobolaji, Caroline Compretta, and Melanie Ellis. "Neonatal nurse practitioner ethics knowledge and attitudes." Nursing Ethics 26, no. 7-8 (October 14, 2018): 2247–58. http://dx.doi.org/10.1177/0969733018800772.

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Background: Neonatal nurse practitioners have become the frontline staff exposed to a myriad of ethical issues that arise in the day-to-day environment of the neonatal intensive care unit. However, ethics competency at the time of graduation and after years of practice has not been described. Research aim: To examine the ethics knowledge base of neonatal nurse practitioners as this knowledge relates to decision making in the neonatal intensive care unit and to determine whether this knowledge is reflected in attitudes toward ethical dilemmas in the neonatal intensive care unit. Research design: This was a prospective cohort study that examined decision making at the threshold of viability, life-sustaining therapies for sick neonates, and a ranking of the five most impactful ethical issues. Participants and research context: All 47 neonatal nurse practitioners who had an active license in the State of Mississippi were contacted via e-mail. Surveys were completed online using Survey Monkey software. Ethical considerations: The study was approved by the University of Mississippi Medical Center Institutional Review Board (IRB; #2015-0189). Findings: Of the neonatal nurse practitioners who completed the survey, 87.5% stated that their religious practices affected their ethical decision making and 76% felt that decisions regarding life-sustaining treatment for a neonate should not involve consultation with the hospital’s legal team or risk management. Only 11% indicated that the consent process involved patient understanding of possible procedures. Participating in the continuation or escalation of care for infants at the threshold of viability was the top ethical issue encountered by neonatal nurse practitioners. Discussion: Our findings reflect deficiencies in the neonatal nurse practitioner knowledge base concerning ethical decision making, informed consent/permission, and the continuation/escalation of care. Conclusion: In addition to continuing education highlighting ethics concepts, exploring the influence of religion in making decisions and knowing the most prominent dilemmas faced by neonatal nurse practitioners in the neonatal intensive care unit may lead to insights into potential solutions.

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Davidson, Karen. "Legal Scope of Practice for the Occupational Health Nurse Practitioner." Occupational Health Nursing 33, no. 4 (April 1985): 169–73. http://dx.doi.org/10.1177/216507998503300401.

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Crockin, Susan L., Meagan A. Edmonds, and Amy Altman. "Legal principles and essential surrogacy cases every practitioner should know." Fertility and Sterility 113, no. 5 (May 2020): 908–15. http://dx.doi.org/10.1016/j.fertnstert.2020.03.015.

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Church, Thomas W. "Examining Local Legal Culture." American Bar Foundation Research Journal 10, no. 03 (1985): 449–518. http://dx.doi.org/10.1111/j.1747-4469.1985.tb00508.x.

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This study examines the contours of local legal culture in four criminal trial courts. Local legal culture is conceptualized as common practitioner norms governing case handling and participant behavior in a court. A questionnaire consisting of descriptions of 12 hypothetical cases, together with questions regarding the appropriate mode of disposition, disposition speed, and sentence, was completed by judges, defense attorneys, and prosecutors in each of the courts. Responses on these questions are compared across courts and various types of practitioners. The responses are also compared with analogous data on actual case dispositions in each of the courts. The major substantive conclusion of the research is that the existence of local legal culture—if defined as attitudinal agreement on proper disposition of criminal cases—is most apparent on issues of a procedural nature: disposition time and the necessity of a trial to resolve issues in the case. On these procedural dimensions there is general agreement among the lawyers and judges practicing in a court; furthermore, the contours of this agreement tend to differ across courts and to be related to actual practices (as illustrated by the samples of closed cases). On issues relating more to the substance of the cases—the appropriateness of plea concessions and the proper sentence—much more intracourt disagreement emerges. This disagreement is consistent with traditional notions of the roles of opposing counsel in an adversary setting, suggesting that at least attitudinal adversariness is present in the courts examined.

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Harradine, Rachel. "PoLeR: Practical Online Legal Electronic Research." Legal Information Management 1, no. 2 (2001): 40–44. http://dx.doi.org/10.1017/s1472669600000438.

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I was appointed as a dedicated subject librarian for Law at Manchester Metropolitan University in November 1996. The University Library manages the post while the Law Department finances it, making it unique within the current staffing structure. The University supports the full range of academic and practitioner law courses over a variety of attendance modes. This accounts for a FTE of 1037 students.

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Olsen, Douglas P. "Provider Choice: Essential To Autonomy or Advertising Gimmick?" Nursing Ethics 3, no. 2 (June 1996): 108–17. http://dx.doi.org/10.1177/096973309600300203.

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Free choice of provider is heralded as a right of autonomy, but the goals of autonomy are better served in today's health care environment when there is informed choice of the care delivery system. The principle of liberty is distinguished from respect for auton omy. Free choice of provider would be demanded only by liberty, except that allocation of health care resources does not meet criteria for the application of liberty. Patients attempting to choose the best practitioner do not have data to support the decision. If data were available, access to these superior practitioners would become an allocation problem. A mythology of the wise practitioner fosters the concept of provider choice as a personal judgement about clinical knowledge. The emerging trends of collaborative care, standardization of practice guidelines and diversity of delivery systems among reimbursers create a situation where a patient's autonomy to choose goals for treatment is respected through the choice of delivery sys tem.

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Gough, John. "The development of career guidance roles and their professionalism: 1999-2020." Journal of the National Institute for Career Education and Counselling 46, no. 1 (April 1, 2021): 18–24. http://dx.doi.org/10.20856/jnicec.4604.

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Between 1999-2020, career practitioner roles in England have rapidly morphed. Entry routes, and qualification frameworks have changed too. But one significant factor features consistently: the lack of a legal requirement for an accredited qualification to practise. In the face of major political and structural changes to the profession this article explores how guidance and its practitioners have sought to re-define and re-claim their sense of professionalism.

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Rutkow, Lainie, Jon S. Vernick, Natalie L. Semon, Artensie Flowers, Nicole A. Errett, and Jonathan M. Links. "Translating Legal Research on Mental and Behavioral Health during Emergencies for the Public Health Workforce." Public Health Reports 129, no. 6_suppl4 (November 2014): 123–28. http://dx.doi.org/10.1177/00333549141296s416.

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Translation strategies are critical for sharing research with public health practitioners. To disseminate our analyses of legal issues that arise relative to mental and behavioral health during emergencies, we created 10 brief translational tools for members of the public health workforce. In consultation with an interdisciplinary project advisory group (PAG), we identified each tool's topic and format. PAG members reviewed draft and final versions of the tools. We then worked with local health departments throughout the country to distribute the tools along with a brief survey to determine practitioners' perceived utility of the tools. Through survey responses, we learned that practitioners believed the tools provided information that would be useful during the planning, response, and recovery phases of an emergency. This article describes the creation of the PAG, the development of the tools, and lessons learned for those seeking to translate legal and ethical research findings for practitioner audiences.

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Goedan, Juergen Christoph. "Legal Comparativists and Computerized Legal Information Systems. General Problems and the Present German Status of Computerized Legal Information." International Journal of Legal Information 14, no. 1-2 (April 1986): 1–49. http://dx.doi.org/10.1017/s0731126500019557.

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Legal information systems were designed neither for the comparativist, nor for the legal scholar, but for the national legal practitioner. Since comparativists, however, are both academics and lawyers, they can hope to participate in computerized legal information systems (c.l.i.s.) even if they are not conceived with their purposes in mind. As a matter of fact, these systems can help the comparativist to a limited extent. In order to find out the limits of usefulness of legal information systems for the comparativist, one needs first to outline the peculiarities of usage of c.l.i.s. for use by lawyers in general, legal academics in general, and legal comparativists and describe the problems to be solved; second, one needs to ask how the German systems meet the requirements so outlined; third, one should add, in the respective context, some proposals for improving the present situation.

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Palmer, Geoffrey. "Some Thoughts on Legal Education." Victoria University of Wellington Law Review 48, no. 2 (October 2, 2017): 209. http://dx.doi.org/10.26686/vuwlr.v48i2.4745.

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As well as holding a practicing certificate for over 50 years, Sir Geoffrey Palmer has spent years teaching law, both in the United States and in New Zealand. Here, he reflects on his experiences of the law as a student, a practitioner and as a teacher and makes some observations about what this means for the discipline of law. The address concludes with the thought that what it means to be learned in the law is changing, and legal education has to change with it. Address delivered at the Australian Law Teachers Association (ALTA) 2016 Conference in Wellington on 7 July 2016.

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Vardeman-Winter, Jennifer, and Katie Place. "Public relations culture, social media, and regulation." Journal of Communication Management 19, no. 4 (November 2, 2015): 335–53. http://dx.doi.org/10.1108/jcom-11-2013-0079.

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Purpose – The purpose of this paper is to explore how practitioner culture is maintained despite legal, technical, and educational issues resulting from the deluge of social media. The authors examined the nexus of practitioner culture, social media usage, and regulatory forces like policies, authority figures, and social norms. Design/methodology/approach – To explore practitioner culture, a cultural studies approach was used. Specifically, the circuit of culture model framed data analysis. The authors conducted qualitative interviews with 20 US public relations practitioners. Findings – Social media emerged as integral for cultural maintenance at every point in the circuit of culture. Practitioners expressed shared meanings about the regulations of social media as the reinvention of communication amidst growing pains; blurred public-private boundaries; nuanced rules of netiquette; and new systems of measurement and education. Research limitations/implications – The authors propose a regulation-formality hypothesis and regulation-identification articulations that should be considered in public relations practice, research, and education. Practical implications – Findings suggest best practices to help practitioners negotiate their personal identities and the identities of their organizations because of the unregulated nature of social media. Originality/value – This study fills the need for more qualitative, in-depth research that describes the cultural implications of social media in public relations to better address misunderstandings or gaps between its perceived effectiveness and actual use.

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Heemsbergen, Luke, and Robbie Fordyce. "Positioning innovation and governance for 3D printing in clinical care: an Australian case." Journal of 3D Printing in Medicine 3, no. 4 (November 2019): 161–69. http://dx.doi.org/10.2217/3dp-2019-0008.

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Aim: To position medical 3D printing practices, risk and governance as more complex than mere manufacturing so to consider the contextual network-enabled dilemmas from remediating and remanufacturing the body in professional clinical and pedagogical practice; to suggest the current regulatory logics of risk and innovation do not sufficiently acknowledge shifts to network-enabled practitioner collaborations, exemplified here via ‘chilling effects’ of closed intellectual property regimes. Methods & framework: Anonymous practitioner workshop (n:12), socio-legal critique. Results: Communicated need to acknowledge practices of medical 3D printing under socio-legal constraints. Conclusion: Consider 3D printing as communication models to sustain medical research-practice in a digital–physical age, including consideration of novel governance mechanisms such as practitioner licensing and building a medical commons with network-friendly intellectual property regime.

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Smith, Robert. "Opioid Prescribing Risk Management Opportunities for the Advance Nurse Practitioners." Clinical Research Notes 2, no. 1 (September 6, 2021): 01–06. http://dx.doi.org/10.31579/2690-8816/035.

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All clinicians are ethically obliged to prescribe responsibly and cautiously to diminish the potential for opioid diversion and to help minimize the growth of the current opioid abuse epidemic. Advance nurse practitioners should establish procedures to better control and limit opioid prescription and develop analgesic regimens to treat pain. The main purpose and goal for this review is to present data congruent with clinical, medical, and legal reports for allowing an appreciation of the possibility of the risk assumed when ordering and prescribing opioids within our podiatry profession. First, the concept and process of risk management as illustrated using a root cause analysis approach will be introduced as well as applying these principles specifically to opioid prescribing will be presented. Then, several examples found in both medical and legal literature documenting the reasons for opioid prescription risk will be presented. Finally, mitigating strategies for safe opioid prescribing will be presented so that mitigation of opioid harm can be possible and realized by the advance nurse practitioner

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Vernick, Andrew E. "Forensic aspects of everyday practice: legal issues that every practitioner must know." Child and Adolescent Psychiatric Clinics of North America 11, no. 4 (October 2002): 905–28. http://dx.doi.org/10.1016/s1056-4993(02)00017-2.

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Sommerlad, Hilary. "The commercialisation of law and the enterprising legal practitioner: continuity and change." International Journal of the Legal Profession 18, no. 1-2 (July 2011): 73–108. http://dx.doi.org/10.1080/09695958.2011.619852.

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Jones, John W., and David W. Arnold. "Protecting the Legal and Appropriate Use of Personality Testing: A Practitioner Perspective." Industrial and Organizational Psychology 1, no. 3 (September 2008): 296–98. http://dx.doi.org/10.1111/j.1754-9434.2008.00050.x.

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Eric Nenzhelele, Tshilidzi. "Factors that influence ethical and legal practice of competitive intelligence in the property sector a conceptual model." Problems and Perspectives in Management 14, no. 4 (December 23, 2016): 221–29. http://dx.doi.org/10.21511/ppm.14(4-1).2016.11.

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In spite of ethical concerns surrounding the practice of competitive intelligence (CI), firms in the property sector practise CI ethically and legally. No research has been conducted to establish the factors that influence firms in the property sector to practice CI ethically and legally. This research aimed to explore the literature to establish factors that may influence property practitioner firms to practise CI legally and ethically. The research was qualitative in nature and used content analysis to analyze the collected data. The research established eight factors that may influence property practitioner firms to practise CI ethically and legally. Keywords: competitive intelligence, competitive intelligence ethics, competitive intelligence code of ethics, competitive advantage, decision making, property sector, real estate JEL Classification: M54

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Cartwright, Ashley. "May the choice be with you: assisting practitioners with selecting appropriate psychometric assessments for the medico legal arena." Journal of Criminal Psychology 9, no. 1 (January 24, 2019): 1–9. http://dx.doi.org/10.1108/jcp-02-2018-0007.

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Purpose Fraudulently claiming symptoms of mental disorder can be very lucrative for those in society who are willing to do so. One context that lends itself well to those willing to fraudulently claim symptoms of mental disorder is the road traffic accident. Previous research has indicated that the assessment practices of those charged with investigating psychological damages in the UK are not suitable in terms of detecting malingering. The purpose of this paper is to provide a “practitioner ready review” that outlines the structured psychometric assessment tools that are recommended and validated by academic research for aiding with the detection of feigned mental disorder. Design/methodology/approach The paper takes a primarily conceptual approach utilising a narrative literature review which is aimed at the forensic practitioner who conducts assessments for psychological damages in contexts where malingering may be of concern. Findings The findings of the present paper will be of use not only to forensic practitioners, but also will be of interest to those who instruct assessments in similar contexts, those who conduct research within this area and those who interpret reports written by forensic practitioners such as the courts. Originality/value To the author’s knowledge the present paper is the first of its kind, which attempts to bridge the gap between academic literature and professional practice to assist forensic examiners incorporate suitable psychometric instruments within their practice. As a result, the paper makes a substantial contribution to the improvement of forensic reporting in the disciplines of psychology and psychiatry.

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Sampson, Deborah A. "Alliances of Cooperation: Negotiating New Hampshire Nurse Practitioners’ Prescribing Practice." Nursing History Review 17, no. 1 (January 2009): 153–78. http://dx.doi.org/10.1891/1062-8061.17.153.

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Nurse practitioner legislation varies among states, particularly in relation to practice without physician oversight, altering the legal environment within which nurse practitioners can use knowledge and skills to meet patient needs. Using New Hampshire as a case study, this historical analysis of nurse practitioners’ negotiations over time for independent practice, defined in state practice acts, illuminates the complex social and economic factors affecting nurses’ struggle to gain legal rights over their own professional practice without supervision and intervention from another profession. In New Hampshire, not only did organized medicine oppose nurses’ rights to practice, but pharmacists demanded the right to control all aspects of medication management, including who could prescribe and under what circumstances prescribing could occur. Shifting social and political terrain as well as changes in legislative and state professional board leadership affected the environment and negotiations of a small group of nurses who were ultimately successful in obtaining the right to define their own professional practice.

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Kleimeier, Stefanie. "Limited-and Nonrecourse Project Finance: a Survey." Estudios de Administración 2, no. 1 (March 4, 2020): 27. http://dx.doi.org/10.5354/0719-0816.1995.56694.

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This paper reviews limited- and non-recourse project finance, a special financing approach for newly to be developed projects where the funds are directly linked to the cash flows of the project. This survey comprises a comprehensive literature review on project finance. Practitioner literature is reviewed with respect to project risks and hedging possibilities, project participants, the legal framework of the project company, the financial elements, and a special form of project finance: the build-operale-transfer model. Next to practitioner oriented literature, the academic literature is reviewed which models project finance as an element of a capital structure equilibrium. An appendix lists references of practitioner's articles on project finance and thus allows the reader to gather information about specific areas in project finance, for example with respect to requirements for project finance in various industries or countries.

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Juzoji, Hiroshi. "Legal Bases for Medical Supervision via Mobile Telecommunications in Japan." International Journal of E-Health and Medical Communications 3, no. 1 (January 2012): 33–45. http://dx.doi.org/10.4018/jehmc.2012010103.

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This paper discusses the legal basis for mobile telecommunications-based medical supervision in Japan and bulletin from the Ministry of Health, Labour and Welfare. According to Article 44 of the Emergency Life-Saving Technician’s Act, an emergency technician shall not perform certain emergency medical procedures unless specifically authorized to do so by a medical practitioner. Actual conditions make these requirements unwieldy to put into practice. When requested to provide medical control in response to an ambulance call, a licensed physician has no choice but to allow the emergency technician to administer medical care. These circumstances expose medical practitioners to significant legal risks and societal ramifications. Is a mobile telecommunications environment characterized by insufficient information satisfactory for the medical care needed in ambulances? This paper discusses such medical care and its legal ramifications, including: how to implement such medical care under Article 21 of the Basic Act on Establishing a Networked Society Based on Advanced Information and Telecommunications. The Japanese government is obligated to provide citizens with broadband telecommunication lines in the near future to enable the smooth implementation of medical control over medical supervision provided in ambulances.

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Kelly, Karla. "Nurse Practitioner Challenges to the Orthodox Structure of Health Care Delivery: Regulation and Restraints on Trade." American Journal of Law & Medicine 11, no. 2 (1985): 195–225. http://dx.doi.org/10.1017/s0098858800008686.

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AbstractUntil recently, physicians have been the primary health care providers in the United States. In response to the rising health care costs and public demand of the past decade, allied health care providers have challenged this orthodox structure of health care delivery. Among these allied health care providers are nurse practitioners, who have attempted to expand traditional roles of the registered nurse.This article focuses on the legal issues raised by several major obstacles to the expansion of nurse practitioner services: licensing restrictions, third party reimbursement policies, and denial of access to medical facilities and physician back-up services. The successful judicial challenges to discriminatory practices against other allied health care providers will be explored as a solution to the nurse practitioners’ dilemma.

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Kaija, Sandra, Inga Kudeikina, and Nataliya Gutorova. "MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION." Wiadomości Lekarskie 73, no. 7 (2020): 1533–38. http://dx.doi.org/10.36740/wlek202007141.

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The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

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Virgo, Graham. "Why Study Law? The Relevance of Legal Information to the Law Student, Researcher and Practitioner." Legal Information Management 11, no. 4 (December 2011): 221–26. http://dx.doi.org/10.1017/s1472669611000788.

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AbstractProfessor Graham Virgo, in delivering the 3rd Willi Steiner Memorial Lecture, asks if it is possible to become a legal practitioner in England and Wales without having studied Law as an academic discipline. Is there any point in studying for a Law degree? Students study any academic subject to acquire knowledge and to develop key skills. This is just as true of students studying Law. But is the knowledge acquired by a Law student and the skills which they develop really of benefit to them in legal practice? Crucially, what can the managers of legal information do to support the particular needs of Law students and academic researchers?

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King, Francis. "Visual approaches to property law pedagogy." International Journal of Law in the Built Environment 8, no. 1 (April 11, 2016): 80–94. http://dx.doi.org/10.1108/ijlbe-02-2016-0004.

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Purpose This paper aims to consider a more visual approach to property law teaching practices. This will be achieved by exploring the existence of “visual learners” as a student body, evaluating the use of more visual teaching techniques in academic practice, recognising the historic dominance of text in legal education, and examining the potential for heightening visual teaching practices in the teaching of property law. Design/methodology/approach The paper reviews and analyses some of the available literature on visual pedagogy, and visual approaches to legal education, but also introduces an amount of academic practitioner analysis. Findings This paper evidences that, rather than focusing on the categorisation of “visual learner”, the modern academic practitioner should use the customary use of more visual stimuli, consequently becoming a more “visual teacher”. This paper demonstrates that these practices, if performed effectively, can impact upon the information literacy of the whole student body. It also proffers a number of suggestions as to how this could be achieved within property law teaching practices. Practical implications The paper will provide support for early-career academic practitioners, who are entering a teaching profession in a period of accelerated and continual change, by presenting an overview of pedagogic practices in the area. It will also provide a stimulus for those currently teaching on property law modules and support their transition to a more visual form of teaching practice. Originality/value This paper provides a comprehensive overview of visual pedagogy in legal education, and specifically within that of property law, which has not been conducted elsewhere.

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Fisher, Caroline. "“True Believer,” “Legal Advocate,” or “Committed Expert”: Parliamentary Media Advising and Practitioner Conceptions of Partisanship." Journalism & Mass Communication Quarterly 94, no. 3 (September 29, 2016): 883–900. http://dx.doi.org/10.1177/1077699016670123.

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The parliamentary media adviser is commonly portrayed as a partisan “spin-doctor,” with little distinction made between the inherent partisan nature of the role and the personal partisanship of the practitioner. Semistructured qualitative interviews with 21 journalists who became parliamentary media advisers highlight the difference between the two and offer practitioner perceptions of the advantages and disadvantages of partisanship in that role. At one extreme is the “true believer”; at the other is the “legal advocate,” with the “committed expert” in between. In doing so, this article challenges the simple, dominant conception of the partisan “spin-doctor.”

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Lewis, Timothy B., and Jeffrey N. Barnes. "An Accounting Liability Heuristic." Journal of Business Case Studies (JBCS) 11, no. 4 (October 5, 2015): 189–224. http://dx.doi.org/10.19030/jbcs.v11i4.9447.

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This article traces the thought processes involved in understanding and managing accountants’ legal liability which is sometimes broadly called “professional malpractice.” The cumulative nature of potential liability is demonstrated. The various legal theories of liability are discussed along with the most prominent potential affirmative defenses against liability. Unique to this paper is the decision heuristic providing a framework for assessing potential accountants’ legal liability. This discussion is useful for both student and practitioner.

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Pfeffer, J. "Book Review: Psychiatric-Legal Decision Making by the Mental Health Practitioner, 2nd Edition." Medicine, Science and the Law 34, no. 4 (October 1994): 361. http://dx.doi.org/10.1177/002580249403400424.

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O’Mullane, Monica. "Implementing the legal provisions for HIA in Slovakia: An exploration of practitioner perspectives." Health Policy 117, no. 1 (July 2014): 112–19. http://dx.doi.org/10.1016/j.healthpol.2014.03.005.

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Havrylyshyn. "Troublesome Trials: How a Parisian Legal Practitioner Disrupted the Order of New France." William and Mary Quarterly 78, no. 1 (2021): 45. http://dx.doi.org/10.5309/willmaryquar.78.1.0045.

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Beauregard, Danielle, and Gaelle Beauregard. "The intellectual property cookbook: A guide for the novice health-care telemedicine provider working with industry." Journal of Telemedicine and Telecare 6, no. 1_suppl (February 2000): 107–9. http://dx.doi.org/10.1258/1357633001934348.

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Telemedicine is a new field and many health-care providers are developing their own products with the help of industry. Most practitioners are novices in the legal tools necessary to protect their own work with regard to any future commercialization. To summarize these issues for the telemedicine practitioner, a review of intellectual property protection has been performed. Intellectual property can be protected by tools such as copyrights, patents, non-disclosure and confidentiality agreements, integrated circuit topographies and industrial design. Knowledge of the intellectual property background should allow telemedicine providers to protect their own work when working with industry.

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Steyn, Renier. "How Some Lawyers Prioritise Earnings and Not Necessarily the Best Interests of Their Clients." Case Studies in Business and Management 8, no. 1 (May 7, 2021): 36. http://dx.doi.org/10.5296/csbm.v8i1.18615.

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This case deals with an employee seeking justice in a labour dispute and who ends up paying a small fortune in legal fees and still fails to find satisfaction. The case provides food for thought for human resource practitioners and particularly lawyers regarding under the circumstances when they should be ethically bound to advise disgruntled employees to cease pursuing a grievance that has little prospect of success. How and when should the human resource practitioner provide professional and independent advice, and when should the ethical (sic) lawyer refuse to approach the courts with a case containing insufficient merit?

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Ha-Redeye, Omar. "COLD, HARD JUSTICE LESSONS FROM THE FLEET: INNOVATING FROM THE BOTTOM UP." Windsor Yearbook of Access to Justice 34, no. 1 (December 5, 2017): 60–86. http://dx.doi.org/10.22329/wyaj.v34i1.5006.

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With law school graduates encountering increased difficulty in securing articling positions, legal incubators are an alternative way of providing practical training and mentorship opportunities for young practitioners. Not only do they have the potential to help launch careers in law, but they can also play a major role in increasing access to justice. Though legal incubators have been gaining popularity in law schools across the United States, they are still a novel concept in Canada. This article discusses the resources and practice models used by Fleet Street Law, a law practice in Toronto that evolved into the first legal incubator in Canada. The use of innovative business models allowed for greater service of low income and marginalized populations, especially on a “low-bono” rate, and also assisted in providing essential supports for racialized and minority lawyers early in their career. The flexible and innovative nature of a legal incubator was beneficial for the purposes of experimentation, but there were challenges associated with cost and long-term participation. The model of a practitioner-based incubator, as an alternative to traditional-type clinics, should be strongly considered by law schools to help address some of the market needs in the legal community today.

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Sparrow, Claire. "Reflective Student Practitioner – an example integrating clinical experience into the curriculum." International Journal of Clinical Legal Education 14 (July 18, 2014): 70. http://dx.doi.org/10.19164/ijcle.v14i0.62.

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This project began in 2004 and involves LLB students training (in year two) and then acting as Citizens Advice Bureau (‘CAB’) advisers for 120 hours (in year three). We have been able to incorporate this work into the existing course structure fully in third year (40 credit ‘Reflective Student Practitioner’ unit) and partially in second year (as part of a 10 credit Careers and Research Management unit), so that students undertake a substantial proportion of this work for credit. This has been possible by creating a parallel and alternative route to the existing 40 credit Legal Dissertation. Assessment in third year is by way of a 3,000 word legal essay (based on a legal topic raised in client interviews); a 3,000 word reflective analysis of their experience, a journal and three letters that they have drafted in their CAB work. This is produced through one-to-one supervision – in much the same way as one would supervise a dissertation.Our aims in this project were to give students the opportunity to learn skills which would be of benefit in their professional lives, improve their employability and allow them to become more engaged in their local community. Portsmouth CAB was in need of more advisers and was interested in recruiting younger volunteers to establish a broader mix of advisers. The guarantee of 120 hours was a valuable commitment to them.I propose to offer an explanation of how we manage our relationship with Portsmouth CAB and how we share responsibilities between us (for example, in training and recruitment). I also seek to evaluate what has worked well and what has been problematic in working with CAB.

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Journal articles on the topic 'Legal practitioner'

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