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1
van Draanen, Jenna, HaoDong Tao, Saksham Gupta, and Sam Liu. "Geographic Differences in Cannabis Conversations on Twitter: Infodemiology Study." JMIR Public Health and Surveillance 6, no. 4 (October 5, 2020): e18540. http://dx.doi.org/10.2196/18540.
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Background Infodemiology is an emerging field of research that utilizes user-generated health-related content, such as that found in social media, to help improve public health. Twitter has become an important venue for studying emerging patterns in health issues such as substance use because it can reflect trends in real-time and display messages generated directly by users, giving a uniquely personal voice to analyses. Over the past year, several states in the United States have passed legislation to legalize adult recreational use of cannabis and the federal government in Canada has done the same. There are few studies that examine the sentiment and content of tweets about cannabis since the recent legislative changes regarding cannabis have occurred in North America. Objective To examine differences in the sentiment and content of cannabis-related tweets by state cannabis laws, and to examine differences in sentiment between the United States and Canada between 2017 and 2019. Methods In total, 1,200,127 cannabis-related tweets were collected from January 1, 2017, to June 17, 2019, using the Twitter application programming interface. Tweets then were grouped geographically based on cannabis legal status (legal for adult recreational use, legal for medical use, and no legal use) in the locations from which the tweets came. Sentiment scoring for the tweets was done with VADER (Valence Aware Dictionary and sEntiment Reasoner), and differences in sentiment for states with different cannabis laws were tested using Tukey adjusted two-sided pairwise comparisons. Topic analysis to determine the content of tweets was done using latent Dirichlet allocation in Python, using a Java implementation, LdaMallet, with Gensim wrapper. Results Significant differences were seen in tweet sentiment between US states with different cannabis laws (P=.001 for negative sentiment tweets in fully illegal compared to legal for adult recreational use states), as well as between the United States and Canada (P=.003 for positive sentiment and P=.001 for negative sentiment). In both cases, restrictive state policy environments (eg, those where cannabis use is fully illegal, or legal for medical use only) were associated with more negative tweet sentiment than less restrictive policy environments (eg, where cannabis is legal for adult recreational use). Six key topics were found in recent US tweet contents: fun and recreation (keywords, eg, love, life, high); daily life (today, start, live); transactions (buy, sell, money); places of use (room, car, house); medical use and cannabis industry (business, industry, company); and legalization (legalize, police, tax). The keywords representing content of tweets also differed between the United States and Canada. Conclusions Knowledge about how cannabis is being discussed online, and geographic differences that exist in these conversations may help to inform public health planning and prevention efforts. Public health education about how to use cannabis in ways that promote safety and minimize harms may be especially important in places where cannabis is legal for adult recreational and medical use.
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Fric-Shamji, E., and M. Shamji. "13. The impact of government regulation of ambulatory surgical facilities on access to elective surgical procedures." Clinical & Investigative Medicine 30, no. 4 (August 1, 2007): 34. http://dx.doi.org/10.25011/cim.v30i4.2773.
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Advances in medical technology have made free-standing ambulatory surgery centres a cost-effective method of delivering health care in the United States. One: Rapid expansion of such centres and duplication of services have raised concerns over rising health care costs, two: leading to government regulation of facilities via a Certificate of Need (CON) law in many states. Three: Such regulation may decrease access to elective procedures.
This study investigates access to elective surgical procedures in selected states with and without CON laws. Results of the Health Care Utilization Project were analyzed. Per capita rates of elective carpal tunnel release (CTR) and lumbar discectomy were evaluated in 16 states with CON laws and 5 states without CON laws over the years 2004-2005. Distribution of CTR and lumbar discectomy were analyzed by facility ownership and teaching status, using rates of emergent procedures as a control. Student’s t-tests compared rates of CTR and discectomy as a function of CON legislation. Two-factor ANOVA extended this analysis to account for teaching environment and facility ownership.
Fewer CTR cases were performed in states with CON laws (p=0.014), specifically in government-owned (p=0.012) and non-teaching facilities (p=0.01). No difference was observed in lumbar discectomy rates in states with respect to CON regulation. Distribution of both procedures among teaching and non-teaching centers was independent of CON laws. Facility ownership predicts fraction of these cases performed at an institution,(p < 0.01) and this distribution is influenced by CON regulation, increasing fractions of both types of procedures performed at private, not-for-profit centers (p=0.001, p=0.003 respectively).
We conclude that CON laws restrict access to certain procedures, specifically in government-owned and non-teaching facilities. These laws may limit the supply of surgical care, notably by redistributing away from government and for-profit centres. Potential solutions include reinvestigating the need for CON laws, or examining the CON methodology to accurately reflect need.
Small NC, Bert JM. Office Ambulatory Surgery Centers: Creation and Management. J Am Acad Orthop Surg 2003; 11:157-62.
Casalino LP, Devers KJ, Brewster LR. Focused Factories? Physician-Owned Specialty Facilities. Health Affairs 22(6):56-67.
Lanning JA, Morrisey MA, Ohsfeldt RL. “Endogenous hospital regulation and it’s effects on hospital and non-hospital expenditures” Journal of Regulatory Economics1991 (June); 3(2):137-54.
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Čović, Ana. "The influence of judicial practice on the legislation in the sphere of LGBT community rights." Socioloski pregled 55, no. 3 (2021): 690–713. http://dx.doi.org/10.5937/socpreg55-32553.
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In the light of the announced adoption of the Law on Same-Sex Unions, the question arises whether the draft law is in accordance with the Constitution, especially after the announcements that the law will not be signed. Although the Constitution specifies that marriage is a union of a man and a woman, experts point out that in this case it is not a law on marriage and family, nor does it provide for the possibility of adoption of children by same-sex couples, but that it regulates property, health, pension and other legal relationships of same-sex partners living in the union. At the same time, many public figures have invited traditional religious communities to react in order to defend the "right to freedom and future of the people", emphasizing that contentious issues related to the regulation of mutual rights and obligations of same-sex couples could be resolved by amending the existing laws in those areas. In the countries where similar laws exist, case law has played a significant role, just as various medical and psychological associations. The European case law is not uniform, and cases often end before the European Court of Human Rights, while in the United States at the federal level, all anti-homosexual laws are repealed by a Supreme Court decision (Lawrence v. Texas, 539 U.S. 558 [2003]). Nevertheless, there is no single law in this area and the rights of same-sex couples vary from country to country. The paper will provide an overview of significant court decisions in this area in European countries, as well as the decisions of the US Supreme Court, which may lead us to think about the possible legal consequences of (non)adoption of the disputed Law on Same-Sex Unions, about procedures that could be initiated if partners decided to request judicial protection for the purpose of recognizing their guaranteed human rights, as well as the content and significance of such court judgments.
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Lewis, Penney. "Rights Discourse and Assisted Suicide." American Journal of Law & Medicine 27, no. 1 (2001): 45–99. http://dx.doi.org/10.1017/s0098858800011163.
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The debate surrounding the legalization of assisted suicide has been galvanized in recent years by reports of specific cases of assisted suicide, primarily involving physicians such as Kevorkian and Quill, and by impassioned pleas for legalization and assistance in suicide from individuals suffering in the throes of terminal or agonizing diseases, such as Sue Rodriguez. Media attention on criminal trials of individuals accused of assisting in a suicide has heightened public awareness of the issue. The constitutionality of criminal prohibitions on assisted suicide has been tested in various jurisdictions, and has recently been considered by the Supreme Courts of both the United States and Canada. Following two narrowly unsuccessful attempts to enact dignified death provisions by referenda in Washington and California, Oregon voters passed the first of such proposed laws in November 1994, providing for physician-assisted suicide under certain specified conditions. Attempts to introduce legislation to legalize assisted suicide in other jurisdictions have been galvanized by the success in Oregon. A model statute has been drafted by a group of law professors, philosophers and medical professionals.
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Senyuta, I. Y. "Arbitration in Medical Cases in Ukraine." Medicne pravo, no. 2(22) (September 25, 2018): 41–49. http://dx.doi.org/10.25040/medicallaw2018.02.041.
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Current political and legal conditions caused by the medical reform implementation, transformation of legislation, and increased activity of patients to protect their rights, have given rise to the need to find the best forms, methods and means of protecting human rights in the field of medical care.
The Council of Europe recommends the governments of member states to ensure that patient safety becomes a cornerstone of all relevant healthcare strategies and defines that, while people can make mistakes in all areas of activity, they can turn those mistakes to experience in order to prevent their repeating, and medical professionals and medical organizations that have reached a high level of security have the potential to recognize errors and learn to avoid them. Given the risky nature of the provision of medical care, it is not always possible to achieve the desired result, as well as the inadequate provision or non-provision of medical care can be harmful to the patient's life and health. According to the practice of law enforcement and the current state of development of these relationships, the patients themselves are more vulnerable and their rights are most often being violated.
Given the modern period of medical and legal practice implementation, attention should be drawn to arbitration as an out-of-court jurisdictional form of protecting the subjects’ to legal relations rights in the provision of medical care.
Although the arbitral tribunal does not belong to the judicial system, while being a quasi-judicial authority; however, this form is considered to be jurisdictional, since it is a special non-governmental authorized body created to resolve disputes arising from civil and commercial relations. The Constitutional Court of Ukraine notes that the arbitration of disputes between the parties in the field of civil and commercial relations is a kind of non-governmental jurisdictional activity, which arbitration courts conduct on the basis of the laws of Ukraine, including, in particular, the methods of arbitration. In performing the functions of protection, arbitral tribunals do not exercise justice, but arbitration of disputes. The peculiarity of this method of protection is that, on the one hand, it has similar features with state justice (for example, in the aspect of the adoption of binding decisions), but at the same time it is similar with extrajudicial forms of non-jurisdiction, as, in particular, mediation (however, there is a significant difference between them: the mediator does not make decisions, but only contributes to the decision making by the parties).
One of the major issues in the scope of the study is the question of the possibility of referring subjects to medical legal relations medical to an arbitration tribunal to resolve disputes arising from the provision of medical care. The criteria for the jurisdiction of arbitration courts include: a) the nature of the controversial legal relationship: arbitration court subordinate cases of civil and commercial relations; b) the subjects of controversial legal relations: legal entities and/or individuals; c) the existence of an arbitration agreement between the parties to the dispute.
Novadays, both in national and foreign legal practice, medical arbitrations have been established and operate. In 2009, the first and only Permanent Court of Arbitration was established at the All-Ukrainian Public Organization "Foundation for Medical Law and Bioethics of Ukraine". The purpose of this specialized court is to ensure fair, speedy and effective arbitration of disputes arising from healthcare legal relations and reconciliation of parties to the dispute. However, this court has not yet considered a case due to a number of factors, such as: 1) the lack of legal awareness of the subjects to medical legal relations regarding the possibility of resolving the case through an arbitration court; 2) low level of legal culture of subjects of legal disputess, generating judicial way of disputes resolution as the only possible option; 3) the introduction of amendments to the Law of Ukraine "On Arbitration Courts" in the aspect of excluding from the jurisdiction of arbitration courts disputes related to the protection of consumer rights, including those in the sphere of medical services.
The experience of foreign countries in this aspect is positive. Thus, Arbitration Court for Health Insurance and Health, which is a specialized arbitration in healthcare issues, operates at the St. Petersburg Chamber of Commerce and Industry. It is a self-standing permanent authority that resolves disputes arising from civil legal relations between actors and participants in the health insurance system and the healthcare system in St. Petersburg.
In the United States, there is the Federal Arbitration Law that encourages the use of arbitration in all matters, if the agreement contains a clause on arbitration. Most states have adopted relevant legislation that regulates health arbitration and imposes special requirements for arbitration agreements.
National Medical Arbitration Commission under the Ministry of Health, which exercises medical arbitration and aims to resolve disputes between a doctor and a patient using alternative ways of resolving conflicts, operates in Mexico. All employees and experts are fully funded at the expense of state budget. The Commission is an official body authorized to provide, at the request of judges, expert opinions, which may in future be the basis for judgements. In order to resolve a dispute, whether through the application of a conciliation procedure or arbitration, both parties need to agree that the case would not be tried in court and that the purpose of the Commission's work is not limited to imposition legal liability to a doctor. The Commission is not a judicial body, therefore, it cannot impose penalties, but only gives the parties the opportunity to make reparations under contract.
Taking into account the above, the institute of medical arbitration in Ukraine is worth implementation, as the number of medical cases increases and more and more individuals apply for the protection of violated rights in healthcare system. Advantages of resolving disputes that arise in the provision of medical care in arbitration courts are: 1) simplification of the trial procedure; 2) short terms of consideration of the case; 3) possibility of choosing a judge; 4) preservation of confidentiality; 5) freedom to establish rules of arbitration; 6) voluntary involvement in the arbitration process; 7) synthesis of discretion, which is covered by the review procedure, and the imperativeness due to the binding decision of the parties.
Functions of medical arbitration are the following: a) protective: protection of rights of subjects of legal relations in the field of medical assistance; b) controlling: it is the component of healthcare quality management system; c) educational: enhancement of legal culture and legal awareness of the subjects of medical legal relations, as well as promotion of confidence in arbitration proceedings.
Taking into account foreign experience and national legal regulation, and according to the specific nature of legal relations in the field of medical assistance and the task of arbitration proceedings in defense of non-proprietary rights, it would be advisable to make modifications to reduce the scope of subordinate prohibitions for arbitration, in particular, in cases concerning disputes in the field of consumer rights protection, identifying only those categories that would be banned (the cases for medical services consumers’ rights protection should not fall into scope of such limitation), as well as conducting spectral work on increasing the authority of the arbitration proceedings and the level of competence of arbitrators. Also, it should be noted that tort cases can be subject to arbitration in case entering into agreements (arbitration agreements) between the creditor and the debtor in order to achieve the purpose of the obligation: the reimbursement of the harm done to the victim.
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Hammond, Andrew. "Territorial Exceptionalism and the American Welfare State." Michigan Law Review, no. 119.8 (2021): 1639. http://dx.doi.org/10.36644/mlr.119.8.territorial.
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Federal law excludes millions of American citizens from crucial public benefits simply because they live in the United States territories. If the Social Security Administration determines a low-income individual has a disability, that person can move to another state and continue to receive benefits. But if that person moves to, say, Guam or the U.S. Virgin Islands, that person loses their right to federal aid. Similarly with SNAP (food stamps), federal spending rises with increased demand—whether because of a recession, a pandemic, or a climate disaster. But unlike the rest of the United States, Puerto Rico, the Northern Mariana Islands, and American Samoa receive a limited amount of federal food assistance, regardless of need. That’s why, after Hurricane Maria, despite additional congressional action, over a million Puerto Rican residents lost food assistance. And with Medicaid, federal law caps medical assistance for each of these five territories, a limit that does not exist for the fifty states or the District of Columbia. This Article draws much-needed attention to these discrepancies in legal status and social protection. It surveys the eligibility rules and financing structure of disability benefits, food assistance, and health insurance for low-income Americans in the states and the territories. A comprehensive account of these practices provokes questions about the tiers of citizenship built by a fragmented and devolved American state. Part I invokes the scholarship on social citizenship, the idea that an individual cannot meaningfully participate in society without some modicum of economic security. Part I then explores the tension between that normative commitment and one of the defining features of the American welfare state—federalism. It then elaborates the exceptional legal status of Americans who live in U.S. territories. Part II provides a comprehensive overview of federal food, medical, and disability assistance and, in doing so, demonstrates how the American territories inhabit a different and, in many ways, dilapidated corner of the American welfare state. Part III begins with an analysis of ongoing cases in federal court that challenge this facial discrimination. It then canvasses legislation introduced in Congress that would make significant progress in putting territorial Americans on par with Americans in the fifty states. To conclude, Part IV brings the states back in, using the earlier discussion of territories as an invitation to imagine an American welfare state built on a foundation other than a racial order.
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Adolff, Ben. "The topic of restitution in UN-Documentation following WW II." Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft 105, no. 3 (2022): 227–59. http://dx.doi.org/10.5771/2193-7869-2022-3-227.
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Based on an examination of the relevant UN-Documentation, this report identifies four notable instances of the topic of restitutions and reparations for victims of the Third Reich appearing as a topic of interest for UN bodies: the provisions made in the interest of refugees as part of the Paris Agreement, the discussion surrounding the draft of the Genocide Convention, as well as the legislative involvement of the International Refugee Organization (IRO) and the Secretary General of the UN (Sec-Gen) in the (later) Federal Republic of Germany (FRG). The funds created by the Paris Agreement are, probably, of the least interest, since they were conceived more as immediate relief than as individualized reparation. The discussion surrounding the Genocide Convention is interesting from a historical standpoint, as it attests an early and acute awareness of the underlying issues. However, any discussion addressing the restitution and reparation of victims of genocide did not find its way into the Convention. The involvement of the IRO with the Office of the Military Government for Germany, United States (OMGUS) and the FRG, which resulted in the drafting of specific laws on the matters of restitution and reparation, is perhaps the most interesting of the instances noted here. Potentially, the IRO played a significant role in the move towards restitution during the short years of its existence. Further investigations based on sources other than UN Documentation could reveal the extent to which the IRO was materially involved in the drafting of specific laws. The efforts of the Sec-Gen towards the reparation of victims of “medical” experimentation provides great insight into the process by which one such issue was discovered and addressed within the UN at the time. Beyond that, this is an instance in which there is a deeper understanding of the specific involvement of a UN-body with German reparatory legislation. In this case, it amounted to bringing up the issue and urging appropriate action without much involvement in the particulars of the resulting measures. Overall, it should be summarized that there was no consolidated or systematic effort towards the restitution of victims of the Third Reich on the parts of the UN. Rather, the issue appeared and reappeared with some frequency and only in certain cases did the UN take action.
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Kuzmin, S. E. "Sources of Legal Regulation of Mergers, Acquisitions, Consolidations, Joint Stock Companies in Russia and Corporations in the United States." MGIMO Review of International Relations, no. 1(40) (February 28, 2015): 209–14. http://dx.doi.org/10.24833/2071-8160-2015-1-40-209-214.
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The article outlines general characteristics of the sources of law, regulating relations associated with mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States respectively in the Russian legislation and the legislation of the United States and individual States. Both in Russia and in the USA there is a constitutional separation of powers between the Federal authorities and the Subjects of the Federation/States respectively. In both countries legal regulation of mergers and acquisitions of corporations is carried out first of all by a number of laws. These laws fall into three main groups: securities laws, antitrust (competition) laws and civil and joint-stock legislation in Russia and corporate laws in the US. All the three groups are federal laws in Russia, while in the US the first two are federal too, but the last one is state laws. It is necessary to highlight the important role of judicial decisions in the United States on legal regulation of mergers, acquisitions, takeovers in comparison with Russia, which is due to the differences in the legal systems of the states in question. However, although Russia is not a state of case law, such legal acts as the resolution of the Plenum of the Supreme Commercial Court will undoubtedly have an impact on law enforcement practice and, consequently, on the regulation of relevant relations. Of particular importance are the findings of the Constitutional Court, whose decisions may cancel acts or their separate provisions provided they are recognized as unconstitutional. Such acts are repealed. Decisions of courts and other bodies based on acts or their separate provisions, recognized by the Constitutional Court of the Russian Federation unconstitutional, are not subject to execution and shall be revised in accordance with the Federal law. The US case law implies existence of a hierarchy of precedents according to which decisions adopted by the higher courts are binding for cases adjudicated in lower courts. Judicial decisions have a major impact on the regulation of mergers and acquisitions of corporations, in particular, the state corporate Laws. The article analyses the main similarities and differences of sources of legal regulation of mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States.
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Gutierrez-Romine, Alicia. "Abortion and the Law in California." California History 99, no. 1 (2022): 10–29. http://dx.doi.org/10.1525/ch.2022.99.1.10.
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Though California is recognized for protecting women’s right to choose today, this was not always the case. Abortion was illegal in California, as it was in all other states in the late nineteenth and early twentieth centuries; over time, however, California witnessed a series of legal amendments and cases that pressed on its nineteenth-century statute—culminating in the decriminalization of abortion years before Roe v. Wade. This article begins with the history of California abortion legislation, then analyzes recent laws passed elsewhere in the United States, showing how these new laws simply repeat laws previously passed and discarded in California. This overview should prove helpful to citizens and legislators who wish their states to follow suit and protect choice.
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Pan, Jiahui. "A Comparative Study on the Application of Group Liability in the Field of Environmental Torts between China and the United States." Journal of Education, Humanities and Social Sciences 1 (July 6, 2022): 203–11. http://dx.doi.org/10.54097/ehss.v1i.662.
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As the biggest developing country, China is relatively lagging in the development of laws on environmental protection. With the increasing impact on the environment bring by the enterprises, the application of group liability in the field of environmental torts has become an urgent legal issue to be solved. This paper uses case the study method, the comparative method, and literature study method, taking Comprehensive Environmental Response Compensation and Liability Act in the United States as an example, to compare the cases, legislation, and judicial practice of China and the United States in this problem. It is concluded that the current Chinese legislation on group liability and corporate environmental responsibility is insufficient, which affects the application of group liability in environmental tort cases. Based on these shortcomings, this paper draws on the experience of CERCLA and proposes suggestions for improving China’s legislation on this issue. A relatively detailed two-step plan is arranged, including improving and perfecting the existing system of piercing the corporate veil and introducing the Environmental Liability Law.
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Thompson, Krista. "Boss Mom: Why Texas Should Revise Its Legislation to Allow Gestational Surrogacy Contract Enforcement for Social Surrogacies." SMU Law Review 75, no. 4 (2022): 973. http://dx.doi.org/10.25172/smulr.75.4.9.
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Career-driven women have consistently been forced to choose between their careers and creating a family. However, with the use of reproductive technology, this is no longer necessary. In recent years, fertile women have been looking to gestational surrogacy as a pregnancy alternative. These women are opting to use surrogates not be- cause they cannot bear a child but because being pregnant is not feasible for their careers. These surrogacies have been termed “social surrogacies.” However, surrogacy laws throughout the United States are diverse and complicated, and many do not allow for the enforcement of social surrogacy contracts. These states, particularly Texas, require that the intended mother be unable to bear a pregnancy without risk to herself or her fetus in order to have a legally enforceable gestational agreement. This Comment discusses the various surrogacy laws throughout the United States and analyzes the trend toward surrogacy acceptance. Specifically, this Comment argues that these surrogacy laws are unconstitutional and do not further any public policy goals by implementing a medical need requirement for intended parents. Thus, this Comment argues that Texas legislators should revise Texas’s surrogacy statutes and eliminate the medical need requirement, which in turn would allow enforcement of gestational surrogacy agreements for social surrogacies.
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Joelson, Mark R. "The Interplay of International, Federal and State Law in US Arbitration." Journal of International Arbitration 24, Issue 4 (August 1, 2007): 379–88. http://dx.doi.org/10.54648/joia2007026.
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The US legal rules governing arbitration must be distilled from a potent mixture of international law, federal law and local (state) law. Congressional legislation implements the New York Convention treaty obligations of the United States with respect to the enforcement of international arbitration agreements. The federal legislation also expresses a strong national policy favoring arbitration which pre-empts contravening state laws and court decisions. Nonetheless, state legal rules remain critical in providing the essence of arbitral contract law. This article discusses the interaction among these different principles as they have developed in specific cases, many of them decided by the US Supreme Court.
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Smith, Stephanie. "Social Work and the New York State Medical Aid in Dying Act." Columbia Social Work Review 22, no. 1 (May 13, 2024): 4–25. http://dx.doi.org/10.52214/cswr.v22i1.12236.
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Medical Aid in Dying (MAiD) is garnering increasing attention throughout the world. Since 1998, 14 states and Washington D.C. have MAiD laws in the United States. For the eighth time in as many years, the NewYork State legislature has introduced MAiD legislation, and the Medical Aid in Dying Act is currently in committee in both the Assembly and the Senate. Although this legislation has failed in New York State in the past, it is increasingly supported by New York voters (Granquist, 2024). The MAiD debates in New York state, along with data from U.S. jurisdictions with MAiD laws, highlight important considerations about end-of-life choices and how they intersect with social work values. Social workers can gain valuable insight into supporting people at the end of life, engage in self-reflection on their own beliefs and biases related to end- of-life choices, encourage self-reflection of medical professionals, and advocate for equity in healthcare within medical institutions and through social welfare policy (Schroepfer et al., 2022). This discourse can benefit patients interacting with the health care system regardless of MAiD’s outcome in New York State.
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CHUMACHENKO, Ivan. "Internal and Cross-Border Conflict of Laws Regulation in the United States of America." Journal of Advanced Research in Law and Economics 9, no. 3 (June 15, 2020): 784. http://dx.doi.org/10.14505/jarle.v11.3(49).11.
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The relevance of the research is due to the development of cross-border economy relations with involvement of the United States residents and the residents of other countries. Such an interest considers the questions about the correct choice of the applicable law in the framework of legal relations with the participation of U.S. residents carried out in the territory or residents of the different countries covered by the jurisdiction of the United States.
The authors objectives under this article is to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of the U.S. Federal law, the laws of certain U.S. states with the laws of other countries, as well as, in some cases, with international law. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of analyses of legal acts and judicial precedents. The basic method used in the paper is a comparative method. By applying of this method, the author tries to show the differences between US legislation (as the common law system country) and continental (civil) law countries in relation to the resolving of the conflicts of law. By using of the comparative method, the author also tried to show the differences between the English and the U.S. law. The comparative method also compared with the method of analyses by using of this method the author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as U.S. doctrine sources. The author provides the basic concepts regarding to the law on conflicts, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. As the results of the research, the author concludes that even if there are separate (special) legal acts, judicial cases, as well as doctrine sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of U.S. ‘law on conflicts’ or ‘conflict of laws’.
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Gunlicks, Arthur B. "German Federalism and Recent Reform Efforts." German Law Journal 6, no. 10 (October 1, 2005): 1283–95. http://dx.doi.org/10.1017/s2071832200014322.
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In both the United States and Germany constitutional lawyers, politicians, and the attentive public speak of “dual federalism.” In the United States this means that the federal government and the states have separate political and administrative responsibilities and their own sources of revenues. In Germany, in contrast, dual federalism means that the federal government, i.e., the executive and legislative branches, are responsible for most legislation, and that the Länder (states; singular, Land) generally administer the laws (in large part through their local governments) on their own responsibility. In both federal systems “dual federalism” has been undermined if not replaced by “cooperative federalism,” generally associated with the New Deal era in the United States and the Finance Reform of 1969 in Germany. In the meantime “intergovernmental relations” has more or less replaced the concept of “cooperative federalism” in the United States, while Politikverflechtung (political/policy interconnection and coordination) is perhaps the more commonly used term in Germany today. In both cases the new terms reflect an interrelationship among federal, regional, and local levels that goes beyond mere cooperation.
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Salikhova, S. M., and A. M. Shakhaeva. "COMPARATIVE ANALYSIS OF THE LEGISLATION OF THE USA AND THE RUSSIAN FEDERATION ON CIVIL LIABILITY FOR DAMAGE CAUSED BY GOODS WITH INCREASED HAZARDOUS PROPERTIES." Law Нerald of Dagestan State University 35, no. 3 (2020): 86–90. http://dx.doi.org/10.21779/2224-0241-2020-35-3-86-90.
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The relevance of the consideration of the problem of civil liability for harm caused by goods with increased hazardous properties is determined by the fact that such cases occupy an increasingly important place in judicial practice. This shows that not only the legal awareness of citizens is growing, but the very definition of “goods with increased dangerous properties” does not have all the principles of specificity. In this regard, one can turn to the experience of other countries, especially those where consumer protection has proven effective. The United States is one of such countries, where not only the culture of consumption is high, but also the legal culture. This combination allows the American legal system to respond to citizens ’appeals in a timely manner and resolve issues with an objective review of cases where liability for damage caused by goods with increased dangerous properties is considered. In the United States, the definition of civil liability for manufacturers and sellers of goods and services is governed by federal and state laws. Moreover, it is the laws of the states in most cases that govern the most important aspects related to determining the shortage of goods, services and work. It should be noted the importance of the precedent in the US legal system, which also determines many cases for determining civil liability for harm caused by some properties of goods. To compare the fundamentals of the legislation of the two countries in the studied area, the comparative legal research method was applied, which allows us to highlight general and excellent legislative norms. Based on the results of the comparison, it was concluded that the similarities and differences between the American and Russian legislation in terms of civil-steam liability for damage caused by goods with dangerous properties.
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Kong Xin Wei, Erica, Muhamad Sayuti Hassan, and Mohd Zamre Mohd Zahir. "The Legal Muddle Over Healthcare Fraud in Malaysia." JURNAL UNDANG-UNDANG DAN MASYARAKAT, Isu Khas/Special Issue (December 13, 2023): 43–54. http://dx.doi.org/10.17576/juum-2023-si-04.
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This article is an analysis of whether the current law in Malaysia is sufficient to tackle healthcare fraud. The main problem of healthcare fraud in Malaysia context is the lack of specific provisions to combat it. The objective of the article is to highlight the gap in the laws by comparing the available local law and the laws in the United States of America. This article will cover the discussion on what is healthcare fraud, the forms of healthcare fraud as well as their effects. It will analyse the available legislation on healthcare fraud between the United States and Malaysia. Several types of healthcare fraud are identified such as billing schemes, kickbacks and medical identity theft. Several types of hospital fraud are identified, for example unnecessary procedures, corruption and unauthorised practice. The article’s finding manages to identify several deficiencies in the law concerning anti-fraud law, anti-kickbacks law, cybercrime law and medical negligence. These weaknesses stem from inadequate laws where they are not specific to the fraud involved. Several recommendations are provided in addition for improvement. To conclude, there is limited data of healthcare fraud to prompt any strengthening of current laws because the current laws does not encourage prosecutors, whistle-blower or victim to report healthcare fraud. A systematic data collection is necessary to further advance the cause in fighting healthcare fraud.
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Chumachenko, Ivan N. "Specific Issues of the Resolving of the Internal and Cross-Border Conflict of Laws in the United States of America." Herald of Omsk University. Series: Law 17, no. 4 (December 28, 2020): 31–40. http://dx.doi.org/10.24147/1990-5173.2020.17(4).31-40.
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Introduction. The relevance of the article is due to the development of cross-border trade relations with the participation of residents of the United States of America and other states, in particular, and interest in questions about the correct choice of the applicable law in the framework of legal relations with the participation of US residents carried out in the territory or under the jurisdiction of the United States. Purpose. The author aims to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of federal law, the laws of certain states with the laws of other states, as well as, in some cases, with international law. Methodology. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of interpretation of legal acts and judicial precedents. Results. The author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as US doctrinal sources. The author provides the basic concepts regarding conflict law, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. Conclusion. Based on the results of the study, the author concludes that even if there are separate (special) legal acts, court cases, as well as doctrinal sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of US conflict law.
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Shearer, Jennifer N., Paul Campbell Erwin, Sharon K. Davis, Joel G. Anderson, and Lisa C. Lindley. "Implications of Tennessee's Opioid Legislation for Neonatal Abstinence Syndrome." Policy, Politics, & Nursing Practice 20, no. 3 (August 2019): 153–62. http://dx.doi.org/10.1177/1527154419864540.
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Opioid use during pregnancy is on the rise in the United States. Neonatal abstinence syndrome (NAS), also known as newborn drug withdrawal, is a public health epidemic. Between 2004 and 2014, Tennessee experienced a fivefold increase in NAS hospitalizations, from 1.5 to 8.0 per 1,000 live births. Soaring increases in the number of newborns with NAS nationwide have caught the attention of many federal and state lawmakers, especially given the unknown burdens associated with medical and social services needed by those affected over time. Tennessee opioid-related regulations and laws enacted between 2000 and 2018 were systematically reviewed and analyzed to identify each law's purpose; effects on families and individuals; pros and cons in terms of social, practical, and legal factors; and implications for nursing practice. Our findings were that Tennessee's laws are intended to decrease the number of opioids prescribed, ensure access to continued prenatal care and substance abuse management for mothers with substance use disorders, and reduce the ease of obtaining opioids. We also found that Tennessee lawmakers have enacted laws and regulations aimed at decreasing the abuse of opioids, but not reducing the incidence of NAS. As new laws are considered, it is critical that health care providers and lawmakers work together to ensure that the developed and enacted laws strike a balance between safely managing the care of both pregnant women and their newborns without producing negative outcomes.
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Lewis, Ariane, Richard J. Bonnie, Thaddeus Pope, Leon G. Epstein, David M. Greer, Matthew P. Kirschen, Michael Rubin, and James A. Russell. "Determination of Death by Neurologic Criteria in the United States: The Case for Revising the Uniform Determination of Death Act." Journal of Law, Medicine & Ethics 47, S4 (2019): 9–24. http://dx.doi.org/10.1177/1073110519898039.
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Although death by neurologic criteria (brain death) is legally recognized throughout the United States, state laws and clinical practice vary concerning three key issues: (1) the medical standards used to determine death by neurologic criteria, (2) management of family objections before determination of death by neurologic criteria, and (3) management of religious objections to declaration of death by neurologic criteria. The American Academy of Neurology and other medical stakeholder organizations involved in the determination of death by neurologic criteria have undertaken concerted action to address variation in clinical practice in order to ensure the integrity of brain death determination. To complement this effort, state policymakers must revise legislation on the use of neurologic criteria to declare death. We review the legal history and current laws regarding neurologic criteria to declare death and offer proposed revisions to the Uniform Determination of Death Act (UDDA) and the rationale for these recommendations.
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Suwito, Suwito, Liani Sari, Pham Thanh NGA, Mellisa Towadi, and Sardjana Orba Manullang. "Human Rights Perspectives on Resolving Medical Malpractice Cases through Penal Mediation in Indonesia." Jambura Law Review 5, no. 2 (June 30, 2023): 278–95. http://dx.doi.org/10.33756/jlr.v5i2.19169.
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This study aims to analyze human rights perspectives in resolving medical malpractice cases through penal mediation in Indonesia and the United States and find solutions to improve human rights protection in resolving such issues in Indonesia. The research was conducted by juridical normative research methods with a comparative approach, and the analysis was carried out by legal hermeneutics. The results showed that penal mediation in resolving medical malpractice cases needs to be improved in Indonesia to pay more attention to the human rights of victims and perpetrators, especially regarding equality and recognition of victims. In the United States, it is necessary to create consistent and detailed federal laws regarding penal mediation to resolve medical malpractice cases. The legal concept/regulation of human rights protection in resolving medical malpractice cases through penal mediation in Indonesia must ensure that the human rights of victims and perpetrators are protected and that the solutions found meet the needs of both parties fairly and humanely.
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Jalloh, Mohamed Yayah, Wan Siti Adibah Wan Dahalan, and Rasyikah Md Khalid. "Environmental Awareness and Public Participation: A Driving Force for Environmental Protection in Sierra Leone." Malaysian Journal of Social Sciences and Humanities (MJSSH) 7, no. 11 (November 30, 2022): e001989. http://dx.doi.org/10.47405/mjssh.v7i11.1989.
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Countries globally have enjoyed unprecedented economic growth in the present times, even though this economic growth has its consequence on the environment and public health. This development has seen the unrestricted cutting down of forests, waste generation, extinction of species, etc. Addressing these predicaments, the United Nations, at the global level, has urged States to develop and enforce environmental legislation, policies, and strategies. As a member of the United Nations, Sierra Leone has promulgated several environmental legislations and policies to address and regulate environmental matters. Besides developing these laws, Sierra Leone has historically witnessed massive environmental degradation, ranging from illegal and reckless cutting down of forests, waste generation, illegal dumping, and more. To this, add the extreme lack of awareness and education. Based on library research, this paper discusses the relevant environmental laws in Sierra Leone and other specific international laws and argues that despite the ongoing environmental degradation in Sierra Leone with the inadequacies in the legal framework, Environmental awareness and Public Participation will play a significant role in mitigating environmental degradation in Sierra Leone.
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QAFISHEH, Mutaz M. "The Ability of the Palestinian Legal System to Secure Adequate Standards of Living: Reform or the Failure of State Duty." Asian Journal of International Law 3, no. 2 (March 20, 2013): 393–412. http://dx.doi.org/10.1017/s2044251313000039.
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In parallel with its efforts to become a full member of the United Nations (UN) and its specialized agencies, Palestine needs to take the implications of joining such organizations in earnest. Admission to the UN, in addition to encompassing rights for states, simultaneously entails duties on the part of the state. One duty is to respect, protect, and fulfil human rights for those living under Palestine's jurisdiction. This paper assesses the ability of the applicable legislation in Palestine to secure adequate standards of living by focusing on three rights: food, housing, and health. Many of the laws relating to these rights date back to the Turkish, British, Jordanian, and Egyptian eras. With a few exceptions, Palestine has so far enacted executive orders to activate these rights based on older laws. Nothing prevents Palestine from modernizing its nutrition, habitation, and medical care systems and joining the community of welfare states.
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SOKUR, Stanislav. "TRANSFORMATION OF LOBBYING INSTRUMENTS FOR ECONOMIC STAKEHOLDERS IN EUROPEAN COUNTRIES." Economy of Ukraine 2021, no. 5 (May 21, 2021): 78–90. http://dx.doi.org/10.15407/economyukr.2021.05.078.
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The article examines current developments of lobbying institutionalization on the state level in European countries from 2014 to 2021, in particular, the definitions of lobbying and lobbyists, their goals, the availability of lobbying registers and the available ways for lobbying by economic stakeholders. Recent legislation on lobbying of Belgium, France, Germany, Ireland, Italy, Lithuania and the United Kingdom is analyzed. The dynamics of the adoption of laws on lobbying in European countries in recent years is demonstrated, given the specifics of the legal regimes of these countries. The article also shows examples of lobbying by economic stakeholders and lobbyists' reporting in accordance with the current legislation of the countries concerned. It has been proven that today the field of lobbying is on the rise, since in the last seven years eight countries in Europe have adopted laws regulating lobbying. Thus, the total growth of countries adopted lobbying regulation by European OECD member-states for the period of last 7 years constituted 67% of overall lobbying regulation by OECD member-states for the previous 75 years. These impressive numbers are expected to increase in the coming years, and it is very important that such lobbying rules to be adopted in accordance with international standards for lobbying regulation. The article also shows practical cases of lobbying and demonstrates that the range of lobbying targets in the modern world is incredibly wide. International organizations such as the United Nations, the Red Cross, Doctors Without Borders, etc. influences transparently policy-making in European countries. Regulation of lobbying legislation allows to influence decision-making to both non-governmental organizations and representatives of the private sector. Thus, there is an articulation and aggregation of interests in societies, which improves the quality of decisions made by public authorities.
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Jackson, Hannah, Christopher Dunphy, Mary Blain Grist, Xinyi Jiang, Likang Xu, Gery P. Guy, and Sheila Salvant-Valentine. "Weathering the Storm: Syringe Services Program Laws and Human Immunodeficiency Virus During the COVID-19 Pandemic." JAIDS Journal of Acquired Immune Deficiency Syndromes 94, no. 5 (December 15, 2023): 395–402. http://dx.doi.org/10.1097/qai.0000000000003293.
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Background: Syringe services programs (SSPs) are community-based prevention programs that provide a range of harm reduction services to persons who inject drugs. Despite their benefits, SSP laws vary across the United States. Little is known regarding how legislation surrounding SSPs may have influenced HIV transmission over the COVID-19 pandemic, a period in which drug use increased. This study examined associations between state SSP laws and HIV transmission among the Medicaid population before and after the COVID-19 pandemic. Methods: State-by-month counts of new HIV diagnoses among the Medicaid population were produced using administrative claims data from the Transformed Medicaid Statistical Information System from 2019 to 2020. Data on SSP laws were collected from the Prescription Drug Abuse Policy System. Associations between state SSP laws and HIV transmission before and after the start of the COVID-19 pandemic were evaluated using an event study design, controlling for the implementation of COVID-19 nonpharmaceutical interventions and state and time fixed effects. Results: State laws allowing the operation of SSPs were associated with 0.54 (P = 0.044) to 1.18 (P = 0.001) fewer new monthly HIV diagnoses per 100,000 Medicaid enrollees relative to states without such laws in place during the 9 months after the start of the COVID-19 pandemic. The largest effects manifested for population subgroups disproportionately affected by HIV, such as male and non-Hispanic Black Medicaid enrollees. Conclusion: Less restrictive laws on SSPs may have helped mitigate HIV transmission among the Medicaid population throughout the COVID-19 pandemic. Policymakers can consider implementing less restrictive SSP laws to mitigate HIV transmission resulting from future increases in injection drug use. Disclaimer: The findings and conclusions in this report are those of the author(s) and do not necessarily represent the official position of the Centers for Disease Control and Prevention.
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Saputra, Rian, Josef Purwadi Setiodjati, and Jaco Barkhuizen. "Under-Legislation in Electronic Trials and Renewing Criminal Law Enforcement in Indonesia (Comparison with United States)." Journal of Indonesian Legal Studies 8, no. 1 (May 31, 2023): 243–88. http://dx.doi.org/10.15294/jils.v8i1.67632.
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This paper aims to propose the implementation of electronic justice within the Indonesian criminal justice system, focusing on the reform of criminal law enforcement. The research methodology employed is normative legal research. The findings of the study reveal two key points. Firstly, it is crucial to regulate digital-based criminal justice at the legislative level, particularly through the reform of the Code of Criminal Procedure (KUHAP). The current implementation of electronic criminal trials presents challenges, and the legal foundation for conducting such trials is established by external entities rather than the legislative institution. Therefore, incorporating regulations on electronic criminal trials in future KUHAP reforms is vital to facilitate criminal law reform. As it stands, electronic criminal trials lack specific legal regulations. Secondly, the existing KUHAP does not sufficiently address the issue of technological advancements, as it cannot anticipate rapid changes in technology. Consequently, a legal framework should be established to address this issue. This framework should ensure the availability of modern technological devices and necessary resources to facilitate digital-based criminal justice. Additionally, it should introduce laws governing electronic courts and initiate legal reforms through the revision of Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP). To provide an example, the United States has regulated electronic criminal proceedings through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which implements fiscal stimulus policies and allows for video conferencing in certain cases. Such regulations can serve as a reference point for the implementation of electronic criminal proceedings in Indonesia.
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Camilleri, Mark Anthony. "Corporate citizenship and social responsibility policies in the United States of America." Sustainability Accounting, Management and Policy Journal 8, no. 1 (March 6, 2017): 77–93. http://dx.doi.org/10.1108/sampj-05-2016-0023.
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Purpose The aim of this case study is to outline relevant regulatory guidelines on environmental, social and governance issues in the USA. This contribution includes a thorough analysis of several institutional frameworks and guiding principles that have been purposely developed to foster corporate citizenship behaviours. Design/methodology/approach A case study methodology involved a broad analysis of US regulatory policies, voluntary instruments and soft laws that have stimulated organisations to implement and report their responsible behaviours. Findings This contribution ties the corporate citizenship behaviours with the institutional and stakeholder theories. The case study evaluated the US’s federal government, bureaus and its agencies’ policies on human rights, health and social welfare, responsible supply chain and procurement of resources, anticorruption, bribery and fraudulent behaviours, energy and water conservation practices as well as environmental protection, among other issues. Research limitations/implications Past research may have not sufficiently linked corporate citizenship with the corporate social responsibility (CSR) paradigm. This research reports how different US regulatory institutions and non-governmental organisations are pushing forward the social responsibility, environmental sustainability as well as the responsible corporate governance agenda. Originality/value This research critically analyses US policy and regulatory instruments including relevant legislation and executive orders that are primarily intended to unlock corporate citizenship practices from business and industry. It has also provided a conceptual framework for the corporate citizenship notion. In conclusion, it implies that there are business and political cases for corporate citizenship.
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Mswela, Mphoeng Maureen. "Does Albinism Fit Within the Legal Definition of Disability in the Employment Context? A Comparative Analysis of the Judicial Interpretation of Disability under the SA and the US Non-Discrimination Laws." Potchefstroom Electronic Law Journal 21 (June 29, 2018): 1–37. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a1684.
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South Africans with albinism are among the most marginalised and vulnerable citizens yet very little attention is paid to protecting them from human rights violations. There have been several calls by people with albinism in South Africa to be classified as disabled. The question of whether albinism is classified as a disability or not is a controversial legal one, which does not always have a straightforward answer. A literature search indicates that in South Africa no comprehensive and analytical study has been carried out on the subject of albinism and disability, whereas this has already been addressed in court cases in the United States of America. This paper anticipates addressing this gap within a legal perspective. The objective of such an analysis is to understand the construction of disability under the Employment Equity Act in order to shed light on whether people with albinism qualify for the protection, which is afforded to people with disabilities in the work place. Foreign case law and international human rights law could shed new light on this longstanding grey area or stimulate the development of novel legal analytical strategies. This paper reviews the nature of disability claims in the workplace on grounds of albinism in the United States context, including factors contributing to disability claims; assessing the degree of impairment and the guidelines in assessing albinism related disability. Prior to this discussion, the paper explores the current working definition of disability in South Africa, which stems from the IMATU case, which relied significantly on a foreign precedent; the Sutton v United Airlines case as there was no indigenous precedent in South Africa to fall back on. It will be argued that the Sutton v United Airlines decision, referred to in the IMATU case is based on an insufficiently inclusive definition of disability. Specific cases that relied on the Sutton v United Airlines decision as a persuasive authority in determining whether albinism is a disability or not, will also be examined. While the United States of America has struck down the decision in the Sutton v United Airlines and amended its legislation to include a broader and less restrictive definition of disability, which includes present as well as past conditions and a subjective component of perceived disability, the South African definition of disability still remains narrow and less inclusive. The United States of America's amended legislation does not contain an exhaustive definition of disability; rather, an equality-based framework was chosen which considers changing biomedical, social and technological developments. This new definition highlights the fact that the emphasis must be on whether discrimination occurred rather than adherence to a strict definition of disability. Such a framework of disability includes a socio-political aspect, which places emphasis on human dignity, respect and the right to equality. Against this background, the comparative analysis raises specific issues that deserve attention, in particular that the unique disadvantages and negative stereotyping suffered by people with albinism should be recognised as unlawful conduct against people with disabilities as defined by legislation. Put differently, the discussion calls for a broader approach to viewing disability, which includes both a social and a human rights perspective. In taking the position that albinism related discrimination is socially constructed, the article also explores the mandate of the Convention on the Rights of Persons with Disabilities in as far as it relates to the social construction of disability. The paper argues that the Convention on the Rights of Persons with Disabilities affords a direction for an analysis of the discrimination faced by persons with albinism.
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McCormack, D. J., A. Gulati, and J. Mangwani. "Informed consent." Bone & Joint Journal 100-B, no. 6 (June 2018): 687–92. http://dx.doi.org/10.1302/0301-620x.100b6.bjj-2017-1542.r1.
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Our aim in this paper was to investigate the guidelines and laws governing informed consent in the English-speaking world. We noted a recent divergence from medical paternalism within the United Kingdom, highlighted by the Montgomery v Lanarkshire Health Board ruling of 2015. We investigated the situation in the United Kingdom, Australia, New Zealand, Canada, and the United States of America. We read the national guidance regarding obtaining consent for surgical intervention for each country. We used the references from this guidance to identify the laws that helped inform the guidance, and reviewed the court documents for each case. There has been a trend towards a more patient-focused approach in consent in each country. Surgeons should be aware of the guidance and legal cases so that they can inform patients fully, and prevent legal problems if outdated practices are followed. Cite this article: Bone Joint J 2018;100-B:687–92.
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Yakubovich, Alexa R., Michelle Degli Esposti, Brittany C. L. Lange, G. J. Melendez-Torres, Alpa Parmar, Douglas J. Wiebe, and David K. Humphreys. "Effects of Laws Expanding Civilian Rights to Use Deadly Force in Self-Defense on Violence and Crime: A Systematic Review." American Journal of Public Health 111, no. 4 (April 2021): e1-e14. http://dx.doi.org/10.2105/ajph.2020.306101.
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Background. Since 2005, most US states have expanded civilian rights to use deadly force in self-defense outside the home. In most cases, legislation has included removing the duty to retreat anywhere one may legally be, commonly known as stand-your-ground laws. The extent to which these laws affect public health and safety is widely debated in public and policy discourse. Objectives. To synthesize the available evidence on the impacts and social inequities associated with changing civilian rights to use deadly force in self-defense on violence, injury, crime, and firearm-related outcomes. Search Methods. We searched MEDLINE, Embase, PsycINFO, Scopus, Web of Science, Sociological Abstracts, National Criminal Justice Reference Service Abstracts, Education Resources Information Center, International Bibliography of the Social Sciences, ProQuest Dissertations and Theses, Google Scholar, National Bureau of Economic Research working papers, and SocArXiv; harvested references of included studies; and consulted with experts to identify studies until April 2020. Selection Criteria. Eligible studies quantitatively estimated the association between laws that expanded or restricted the right to use deadly force in self-defense and population or subgroup outcomes among civilians with a comparator. Data Collection and Analysis. Two reviewers extracted study data using a common form. We assessed study quality using the Risk of Bias in Nonrandomized Studies of Interventions tools adapted for (controlled) before–after studies. To account for data dependencies, we conducted graphical syntheses (forest plots and harvest plots) to summarize the evidence on impacts and inequities associated with changing self-defense laws. Main Results. We identified 25 studies that estimated population-level impacts of laws expanding civilian rights to use deadly force in self-defense, all of which focused on stand-your-ground or other expansions to self-defense laws in the United States. Studies were scored as having serious or critical risk of bias attributable to confounding. Risk of bias was low across most other domains (i.e., selection, missing data, outcome, and reporting biases). Stand-your-ground laws were associated with no change to small increases in violent crime (total and firearm homicide, aggravated assault, robbery) on average across states. Florida-based studies showed robust increases (24% to 45%) in firearm and total homicide while self-defense claims under stand-your-ground law were more often denied when victims were White, especially when claimants were racial minorities. Author’s Conclusions. The existing evidence contradicts claims that expanding self-defense laws deters violent crime across the United States. In at least some contexts, including Florida, stand-your-ground laws are associated with increases in violence, and there are racial inequities in the application of these laws. Public Health Implications. In some US states, most notably Florida, stand-your-ground laws may have harmed public health and safety and exacerbated social inequities. Our findings highlight the need for scientific evidence on both population and equity impacts of self-defense laws to guide legislative action that promotes public health and safety for all. Trial Registration. Open Science Framework ( https://osf.io/uz68e ).
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Bainham, Andrew. "The Politics of Child Protection in Romania." International Journal of Children's Rights 17, no. 4 (2009): 527–42. http://dx.doi.org/10.1163/092755609x12466074858754.
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AbstractThis paper challenges criticism of Romania's new child protection and adoption legislation, passed in 2004 and implemented in January 2005. It responds to the argument that Romania's indefinite moratorium on inter-country adoption (except in cases of family adoption) embodied in the new legislation, is a breach of international obligations. It is argued that pressure on Romania to lift the moratorium is based on a misunderstanding of the problems Romania has faced and of the substantive content of the new laws. Institutionalisation of young children is prohibited and, for older children, clear priorities are created for re-integration in the natural family or, failing that, foster care or family-type accommodation before accommodation in an institution can be considered. It is further argued that there has been an unhealthy preoccupation in the West with the single issue of inter-country adoption to the neglect of these other positive reforms to the Romanian child protection system and the programme of de-institutionalisation. The view is taken that criticism of Romanian reforms relies on a distorted notion of what constitutes 'abandonment' and the status of 'orphan'. The author concludes that Romania should robustly resist political pressure to lift the moratorium, largely originating from the pro-adoption lobby in the United States and, most recently, apparently endorsed by the United Nations Committee on the Rights of the Child.
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Kelly, Carly N., and Michelle M. Mello. "Are Medical Malpractice Damages Caps Constitutional? An Overview of State Litigation." Journal of Law, Medicine & Ethics 33, no. 3 (2005): 515–34. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00515.x.
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The United States is in its fifth year of what is now widely referred to as “the new medical malpractice crisis.” Although some professional liability insurers have begun to report improvements in their overall financial margins, there are few signs that the trend toward higher costs is reversing itself - particularly for doctors and hospitals. In 2003-2004, the presidential election and tort reform proposals in Congress brought heightened public attention to the need for some type of policy intervention to ease the effects of the crisis.The darling of tort reformers at both the federal and state levels has been legislation to limit, or “cap,” damages awarded to plaintiffs in malpractice cases. Health care provider groups, liability insurers, and the Bush Administration have all seized on the example of California's MICRA law, which since 1975 has capped noneconomic damages in malpractice cases at a flat $250,000, as the path to financial recovery.
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Lee, Hyeri. "미국법상 미성년자 성적 침해에 대한 민사소송의 소멸시효제도." Wonkwang University Legal Research Institute 39, no. 2 (June 30, 2023): 75–95. http://dx.doi.org/10.22397/wlri.2023.39.2.75.
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In the case of sexual infringement against a minor, even if the victim muster up the courage to face the memory of past sexual violence and try to heal the wounds through legal remedies after becoming an adult, the civil statute of limitations has expired since the sexual infringement occurred long time ago. There is a problem of not being able to file a lawsuit due to the statute of limitation. In particular, in the case of sexual infringement against minors, in many cases, the perpetrator is a family member, teacher, religious person, etc. The victim, a minor, is economically and emotionally dependent on the perpetrator, so they do not easily think of filing civil lawsuits even as adults. Fortunately, South Korea established Article 766, Paragraph 3 of the Civil Act in 2020, and legislative improvements have been made so that the statute of limitations does not proceed until a minor becomes an adult in the case of sexual infringement. However, despite these good intentions, there are still limits to the relief, so this article will examine the US system. First of all, in the United States, state and federal laws operate different statute of limitations, and since the 1980s, the discovery rule has been applied so that victims can file lawsuits even after a considerable amount of time has elapsed after they become adults. For example, if the victim of a sexual assault is a minor and the victim has not yet discovered the injury after reaching adulthood, from the time he or she discovers the injury and the causal relationship between the injury and the sexual assault Legislative examples such as the requirement to file a claim for damages within four years reflect the discovery principle. However, despite these laws, there are many cases where the requirements are not met, and the relief of victims has not been smoothly carried out. Thus, California and New York State further extended the statute of limitations, and furthermore, through window legislation, even if the statute of limitations had expired, a period of one or two years was allowed to file a civil lawsuit. This legislation provides an opportunity to sue the victims of Jeffrey Epstein's decades of sexual exploitation of minors. The United States Supreme Court has ruled that the Windows Act is not unconstitutional. While retroactive legislation is “an identifiable injustice”, civil actions based on sexual abuse of minors are rather reasonable in light of the injustice done to the victims. Under these retroactive legislation, some religious organizations are actively raising their own funds for the relief of victims, and are paying settlements on the condition that they do not file a lawsuit against the religious organizations. The basis for such retroactive legislation is that if society has previously borne the cost of damages incurred to the victim, the perpetrator must bear the cost.
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Slepak, V. Yu. "Confiscation of Property in the Context of Sanctions Policy: Legal Aspects." Actual Problems of Russian Law 18, no. 6 (March 21, 2023): 122–33. http://dx.doi.org/10.17803/1994-1471.2023.151.6.122-133.
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Western sanctions regimes show a high degree of coordination. This applies to almost all aspects of the sanctions policy, including approaches to the possibility of confiscating the property of persons subject to blocking sanctions. However, countries that support autonomous sanctions against Russia follow different paths towards the common goal. The emerging approaches to confiscation make it possible to single out two main areas of legal regulation of this issue. In the legislation of the respective country confiscation can be considered either as an instrument of sanctions legislation, or as a measure of responsibility for violating sanctions legislation. Only two countries have so far chosen to use confiscation as an independent instrument of sanctions policy: Ukraine and Canada. Perhaps the United States will join them, but at present, similar to Switzerland, they use confiscation only as part of countering illegal activities. The draft directives developed by the European Commission demonstrate the EU’s commitment not to jeopardize the obligation to protect private property and provide for the possibility of confiscation in exceptional cases as a measure of influence in the fight against criminal activity. Given the importance of protecting private property for a favorable investment climate, it is most likely that the second path will become dominant: asset confiscation will be seen only as a means of responding to violations of the laws of a country that supports autonomous sanctions.
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Kulnides, Narong, and Athip Lorsirigool. "The Role of Veterinarians in Forensic Science: A Review." World's Veterinary Journal 13, no. 3 (September 25, 2023): 452–58. http://dx.doi.org/10.54203/scil.2023.wvj49.
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Forensic science plays an important role in solving lawsuits involving human beings, such as assault, homicide, or poisoning cases. It combines scientific principles and techniques with legal procedures. Regarding past and present animal cruelty issues, many countries have passed stringent legislation to penalize individuals who abuse animals. Such animal cruelty protection acts are practiced in many countries, including Thailand, the United States, and Australia. Therefore, forensic science has been applied in the veterinary field, classified as a branch called veterinary forensic science. This field of study examines abnormalities in unnatural death in animals, collecting evidence from animals according to the chain of custody (crucial for documenting evidence) and the laws related to crimes against animals. This article gathers information by searching international databases (Scopus and Pubmed). The results of the search revealed the role of veterinarians in forensic science, the types of animal abuse that have led to legal actions (such as physical abuse and poisoning), and the laws seeking to prevent animal cruelty, each with its unique set of penalties, as implemented by different countries. The results revealed that veterinarians play a crucial role in animal forensic science by examining abused animals and ensuring the precise collection of samples, which serves as essential support for legal cases. It is important to involve specialized experts in these examinations, as their involvement substantially enhances the reliability of the results. Countries with laws to prevent animal cruelty, such as Malaysia, Thailand, Turkey, and Australia, punish animal abusers with varying fines and imprisonment. However, some countries still do not have practical laws to prevent animal cruelty directly, such as China and Iran. In this context, veterinarians should know the animal cruelty prevention laws in their area and educate animal owners to be aware of appropriate animal welfare management and reduce the incidence of animal cruelty.
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Kim, Min-Bae. "Enactment and Issues of Japan's Important Land Survey Regulation Act." Korean Public Land Law Association 99 (August 30, 2022): 1–31. http://dx.doi.org/10.30933/kpllr.2022.99.1.
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On the basis of national security and territorial integrity, can the state regulate the use of land and buildings around important defense facilities or on border islands? In response, on June 16, 2021, Japan promulgated ‘Important Land Survey Regulation Act.’ In enacting the Important Land Survey Regulation Act, the Japanese government suggested land acquisition in a specific area by foreign capital as a basis for legislation. Due to the cases of land acquisition in a water source, defense facilities, or border islands, anxiety among Japanese residents and the people is growing.
As a background of legislation, the Important Land Survey Regulation Act refers to ‘concerned’ foreign capital and state. It is primarily considering Korea and China as regulatory targets. The Important Land Survey Regulation Act is a regulation law based on the maintenance of the base of national life, maritime sovereignty, and national security. In the future, I think the Important Land Survey Regulation Act will have a direct or indirect effect on Korea.
From a national security perspective, laws that regulate direct investment in corporate purchases also exist in the United States and Japan. However, regulations on real estate transactions have recently been introduced from the perspective of national security. In the United States, the Foreign Investment Risk Review Modernization Act (FIRRMA) enacted in August 2018 is a representative law. Real estate transactions are being conducted as a subject of review by the US Foreign Investment Committee (CFIUS). From a national security perspective, Japan is reviewing the case of the United States, which regulates the sale of real estate. However, problems with the bill were pointed out in the process of enacting the Important Land Survey Regulation Act. The issue of unconstitutionality of the Important Land Survey Regulation Act was also raised.
In this study, I reviewed the issues and the contents of the law in the legislative process of the Japanese National Assembly : the purpose of legislation and the existence of legislative facts, the subject of regulation and delegation of legislation, forest and water sources, enforcement decree and delegation legislation, resident movement regulation, designation of special zones, and pre-reporting system, etc. The following matters were reviewed on the issue of unconstitutionality inherent in the Important Land Survey Regulation Act : legislative purposes and the absence of legislative facts, violation of the principles of parliamentary legislation, principle of criminal justice, recommendations and orders and criminal penalties, land use investigation and personal information, privacy rights, freedom of thought and conscience, self-denial rights, property rights and compensation systems, etc.
The Important Land Survey Regulation Act, like FIRRMA in the United States, is based on national security, Japan primarily aims to protect Japan’s Self-Defense Forces facilities and U.S. military facilities. To this end, ownership and use, and transactions of land and buildings in a specific area are regulated. Second, however, it is a law to prepare for border disputes or maritime disputes between Japan and China, Japan and Russia, Korea and Japan. From the perspective of borders, territories, and maritime sovereignty, the Republic of Korea needs to establish new border protection measures for uninhabited islands and islands.
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Sergius Koku, P. "The learned intermediary doctrine: the case of advertising medicine and medical devices in the United States." International Journal of Pharmaceutical and Healthcare Marketing 8, no. 3 (August 26, 2014): 284–94. http://dx.doi.org/10.1108/ijphm-08-2013-0049.
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Purpose – The purpose of this paper is to examine a unique marketing and legal problem that manufacturers of prescription drugs and medical devices face in the USA, under the theory of “overpromotion” and the Learned Intermediary Doctrine (the LID), and suggests a solution to the problem. Design/methodology/approach – The study uses a critical review of the literature and decided legal cases to analyze the problem of direct-to-consumer advertising of prescription drugs and medical devices under the LID and “overpromotion” doctrines. Findings – The study suggests a different approach to advertising drugs that divides the audiences into primary and secondary targets to immunize drug and medical device manufacturers against liability. Research limitations/implications – Because the laws guiding advertising are different in different countries, the findings of this study are relevant only to the US market. Practical implications – The paper gives practical guidance on an alternative communication strategy that could immunize drugs and medical device manufacturers against liability. Originality/value – The study uses knowledge of law and marketing to tackle an issue that, even though is useful and relevant, is rarely discussed in the marketing literature.
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Acosta, Nefi D., and Sidney H. Golub. "The New Federalism: State Policies Regarding Embryonic Stem Cell Research." Journal of Law, Medicine & Ethics 44, no. 3 (2016): 419–36. http://dx.doi.org/10.1177/1073110516667939.
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Stem cell policy in the United States is an amalgam of federal and state policies. The scientific development of human pluripotent embryonic stem cells (ESCs) triggered a contentious national stem cell policy debate during the administration of President George W. Bush. The Bush “compromise” that allowed federal funding to study only a very limited number of ESC derived cell lines did not satisfy either the researchers or the patient advocates who saw great medical potential being stifled. Neither more restrictive legislation nor expansion of federal funding proved politically possible and the federal impasse opened the door for a variety of state-based experiments. In 2004, California became the largest and most influential state venture into stem cell research by passing “Prop 71,” a voter initiative that created a new stem cell agency and funded it with $3 billion. Several states followed suit with similar programs to protect the right of investigators to do stem cell research and in some cases to invest state funding in such projects. Other states devised legislation to restrict stem cell research and in five states, criminal penalties were included. Thus, the US stem cell policy is a patchwork of multiple, often conflicting, state and federal policies.
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Oluwasemilore, Ifeoma Ann. "Nigerian intellectual property protection for small and medium-sized enterprise (SME) fashion designers in the digital economy." South African Intellectual Property Law Journal 10, no. 1 (2022): 38–65. http://dx.doi.org/10.47348/saipl/v10/a3.
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Nigerian fashion entrepreneurs are finding the market increasingly appealing due to the growing viability of small and medium-size enterprises (SMEs) in the fashion industry, particularly online retail fashion stores, and the easy accessibility of the Internet and digital media. However, with intellectual capital being the hallmark of the fashion industry, the nearly constant violation of intellectual property (IP) rights is a threat to the fashion sector’s continued existence and profitability in Nigeria. Fashion businesses are thwarted by an antiquated IP regime and the conflicting decisions of the courts on infringement cases which continue to frustrate the marketing of fashion brands on social media. This study used a descriptive and analytical approach, relying on both primary and secondary data, to analyse and assess the laws available for the protection of fashion designers’ intellectual works. The study also considers the various developments in fashion IP protection in more advanced countries, such as the United States and in the European Union, and makes practical recommendations to support the growth of IP law, fashion legislation and the Nigerian fashion industry in the digital economy.
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Rudiyanto, Tri, Halley Kunda, Amy Dunn, Sharon Shenderovskiy, and Rondarrius Gibson. "Ethical and Legal Concerns of Artificial Intelligence in the Workplace: Examining Current Legislations in the United States." Lex Publica 10, no. 1 (June 30, 2023): 84–100. http://dx.doi.org/10.58829/lp.10.1.2023.84-100.
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Abstract. The emergence of remote work prompted by the global Covid-19 pandemic has transformed workplace dynamics, highlighting intricate concerns about employee privacy and autonomy. However, the rise of algorithmic management driven by artificial intelligence (AI) challenges the assumed privacy in remote work settings. This paper examines the ethical and legal landscape of AI-powered employee monitoring in the United States. It employs a mixed-methods approach, incorporating literature review, case analysis, legal examination, and ethical analysis. Past cases reveal the complex interaction between personal privacy and employer surveillance, offering insights for current and future legal actions. Current legislation, including the Electronic Communications Privacy Act (ECPA), is explored, along with state-specific laws and their implications. Ethical concerns encompass biometric data tracking, discriminatory biases, and gig economy surveillance. AI’s impact on employee behavior and future implications are discussed, suggesting the need for balanced policies that prioritize transparency, fairness, accountability, and trust. In navigating the challenges of AI-powered monitoring, organizations should consider ethical considerations, existing legislation, and future trends to create a harmonious work environment that respects individual rights.
Abstrak. Munculnya kerja jarak jauh yang dipicu oleh pandemi global Covid-19 telah mengubah dinamika tempat kerja, menyoroti keprihatinan rumit tentang privasi dan otonomi karyawan. Namun, munculnya manajemen berbasis algoritma yang digerakkan oleh kecerdasan buatan (AI) menantang privasi yang diasumsikan dalam pengaturan kerja jarak jauh. Makalah ini mengkaji lanskap etika dan hukum dari pemantauan karyawan yang didukung oleh AI di Amerika Serikat. Ini menggunakan pendekatan metode campuran, menggabungkan tinjauan pustaka, analisis kasus, pemeriksaan hukum, dan analisis etika. Kasus-kasus masa lalu mengungkapkan interaksi kompleks antara privasi pribadi dan pengawasan oleh pemberi kerja, memberikan wawasan untuk tindakan hukum saat ini dan masa depan. Undang-undang saat ini, termasuk Undang-Undang Privasi Komunikasi Elektronik (ECPA), dieksplorasi, bersama dengan undang-undang khusus negara dan implikasinya. Keprihatinan etika meliputi pelacakan data biometrik, bias diskriminatif, dan pengawasan ekonomi tumpahan. Dampak AI pada perilaku karyawan dan implikasi masa depan dibahas, menunjukkan perlunya kebijakan yang seimbang yang mengutamakan transparansi, keadilan, akuntabilitas, dan kepercayaan. Saat mengatasi tantangan pemantauan yang didukung oleh AI, organisasi harus mempertimbangkan pertimbangan etika, undang-undang yang ada, dan tren masa depan untuk menciptakan lingkungan kerja yang harmonis yang menghormati hak individu.
Kata kunci: Manajemen algoritmik, Pemantauan karyawan yang didukung AI, Privasi, Legalitas, Masalah etika
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Nagieva, A. A., and A. E. Samadova. "The history of the formation and development of the institution of diplomatic immunities and privileges in the United States." Law Enforcement Review 7, no. 2 (June 22, 2023): 16–26. http://dx.doi.org/10.52468/2542-1514.2023.7(2).16-26.
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The subject of study. Throughout the historical period of the development of diplomatic law, an institution of immunities and privileges was formed, the content and scope of which were determined by the level of diplomatic relations between states and the development of public administration.The rules of national law also have a significant impact on the procedure for exercising dip- lomatic immunities and privileges. Many states have adopted legal acts regulating the foun- dations of the diplomatic service. For example, in the United States, after joining the Vienna Convention on Diplomatic Relations of 1961, the Law on Diplomatic Relations of 1978 was adopted, based on the rules of this Convention.The article examines the history and development of diplomatic immunities and privileges, the formation of the US diplomatic service and the content of current national laws in the US. The purpose of the study is the identification of problems in the practice of implementing diplomatic immunities and substantiate the hypothesis that it is necessary to develop the legislation on diplomatic immunities and the diplomatic service in the United States.The methodology of the study. The methodology of the study includes general scientific methods (analysis, synthesis, description, systematization) and special scientific methods (formal legal and comparative legal methods). In addition to this, historical method was also applicable.The main results. Based on the results of the study, were disclosed significant discrepancies between the national legal regulation of the US diplomatic service and the rules of interna- tional law, which leads to massive violations of diplomatic immunities and privileges by the US authorities.Conclusions. Diplomatic immunity is a guarantor of the effective operation of foreign rela- tions bodies on the territory of the host state, however, in practice, there are often cases of their violation by the authorities of the host state and cases of abuse of diplomatic im- munities and privileges by their carriers. The granting of a special legal status, personal in- violability and other privileges and immunities is in no way equated to absolute impunity for employees of foreign relations bodies in case they commit illegal acts.
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Yeshnazarov, Almaz Algazovich, Dinara Talgatovna Amurtayeva, and Alemgul Sovetovna Kuatova. "COMPARATIVE ANALYSIS OF THE ACTIVITY OF COURTS WITH THE PARTICIPATION OF JURORS: ON THE EXAMPLE OF THE USA AND KAZAKHSTAN." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 4, no. 75 (December 29, 2023): 194–202. http://dx.doi.org/10.52026/2788-5291_2023_75_4_194.
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he authors, based on a comparative analysis of the criminal procedure laws of the USA and Kazakhstan, studied the issues of the activity of courts with the participation of jurors. The choice of the US experience in considering criminal cases by a jury was not accidental, since the USA is the state to use a jury trial and already has its own legal history that is different from the UK. In the course of the analysis, the authors revealed three aspects such as the selection of jurors, the number of jurors, and the voting procedure during sentencing. The selection of jurors under US law has its advantages in comparison with the legislation of the Republic of Kazakhstan in terms of simplifying the selection and the right to refuse to participate as a juror. On the issue of the number of jurors, taking into account the US experience, we believe it is possible to reduce them from 12 to 9 and in some cases to 7 jurors. On the issue of majority voting or unanimous voting, based on the experience of the United States, we hold the opinion on the importance of voting by unanimous decision. Based on the positive experience of the USA, the authors proposed several amendments not only to the criminal procedure legislation of Kazakhstan but also to the Constitution of the Republic of Kazakhstan. Thus, the authors believe it is necessary to expand the category of criminal cases considered by a court with the participation of jurors, to improve the selection procedure and voting procedure. As well as the possibility of consideration of civil cases by a court with the participation of jurors. We believe all these amendments will have a positive effect in protecting the constitutional rights of citizens and building a rule-of-law state.
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Sadowski, MD, FHM, Richard, Emily Hillaker, DO, Michael Chavarria, MD, Fareea Khaliq, MD, and Adam Schwark, MD. "A retrospective analysis of the impact of Michigan's opioid prescribing legislation on discharge opioid prescribing at a single institution." Journal of Opioid Management 18, no. 5 (September 1, 2022): 467–74. http://dx.doi.org/10.5055/jom.2022.0740.
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This study sought to determine if there were any changes in opioid prescribing habits of providers at a single institution after the implementation of legislation to increase opioid prescribing regulations. Our study demonstrated a 39.5 percent decrease in overall morphine milligram equivalent (MME) prescribed the year after the laws took effect when compared with the year prior. It is clear that these laws have been effective in decreasing the number of opioids prescribed at discharge from Mercy Health Grand Rapids.Introduction: Opioid use disorder has become an epidemic with approximately 130 people dying every day in the United States due to prescription and illegal opioid overdoses. In December 2017, the Michigan legislature ratified a package of 10 acts to address a variety of problems through several layers of regulations including more restrictive prescribing rules, which took effect in June 2018. Objective: To evaluate the impact of legislation on the opioid prescribing habits of providers who discharged patients from a community-based academic teaching hospital.Design, setting, and participants: A retrospective cohort study was performed using data from a community-based academic teaching hospital with 303 beds, a medical ICU, labor and delivery unit, and a 42-room emergency department. All patients discharged from in-patient or observation status in the 12 months before and after June 1, 2018 were included.Main outcomes and measures: The primary outcome was MMEs of opioids prescribed at discharge before (June 1, 2017 to May 31, 2018) and after (June 1, 2018 to May 31, 2019) legislation. Medications included morphine, hydrocodone, oxycodone, fentanyl, methadone, hydromorphone, tramadol, codeine, and meperidine.Results: There were 17,227 patients discharged during the first 12-month period and 15,855 patients discharged in the second 12-month period. There were 14,064 new opioid prescriptions in total during these time periods. Total MME prescribed during the study period showed a 39.5 percent decrease from pre- (2,268,460 MME) to post-legislation (1,372,424 MME), while average MMEs/discharge significantly decreased (135.1 ± 321.2 vs. 87.6 ± 187.4; p 0.001). Total pill/patch count decreased by almost 40 percent. For patients who were prescribed opioids, average MME/discharge showed significant decline after legislation implementation (309.6 ± 427.1 vs. 212.2 ± 242.1; p 0.001). Average daily MME/patient prescribed an opioid remained similar between the time periods (52.4 ± 37.0 vs. 51.6 ± 35.0; p = 0.21). Significant reductions (p 0.05) were seen in MMEs for each individual medication with the exception of acetaminophen-codeine and methadone.Conclusions and relevance: Our results indicate that the legislation implemented in Michigan to regulate opioid prescriptions was associated with a reduction in opioids prescribed to patients discharged from a community-based academic teaching hospital.
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Rowland, Andrew, Felicity Gerry, and Marcia Stanton. "Physical Punishment of Children." International Journal of Children’s Rights 25, no. 1 (June 20, 2017): 165–95. http://dx.doi.org/10.1163/15718182-02501007.
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As at March 2016, 49 states had reformed their laws to clearly prohibit all corporal punishment of children (United Nations 1989) in all settings, including the home (Global Initiative to End All Corporal Punishment of Children, n.d.) By January 2017 this number had reached 52. As the trend moves towards abolition, it is not an acceptable position for the United Kingdom (uk), the United States of America (usa) and Australia (Poulsen, 2015) to remain missing from that list. Whilst they are, effectively, a child (a person aged under 18 years of age), is the only person in all three countries that it is legal to hit. This article seeks to restate arguments in this area in a simple way to restart the debate in a modern context where understanding of child abuse is perhaps more widespread than it ever was in the past. On 20 October 2014 a report, Living on a Railway Line, was launched in the uk to mark the 25th anniversary of the signing of the un Convention on the Rights of the Child, which took place on 20 November 1989 (Rowland, 2014). It recommended removing the defence of reasonable chastisement in relation to the punishment of children. This article seeks to build on that agenda in a comparative context taking a three way perspective from the uk, the usa and Australia. It concludes that moves to prevent family violence are progressive but the position of a society where physical punishment of children is permitted yet child abuse is forbidden is not a tenable one. Reducing the number of cases of child abuse must begin with a clear message from society that physical punishment of children, whatever the circumstances, is unacceptable. The situation is serious enough to introduce aspirational legislation to remove justifications for physical punishment of children with the aim of modifying behaviour within society.
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Demchuk, N., and R. Havric. "Legal responsibility for illegal crossing of the state border: foreign experience of legal regulation." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 137–40. http://dx.doi.org/10.24144/2788-6018.2022.01.25.
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In the scientific article, the authors conducted a study of foreign experience in prosecuting for illegal crossing of the state border under the laws of neighboring countries and the European Union. Based on the study, the authors concluded that according to foreign legislation on liability for illegal crossing of the state border, such acts are mostly criminal liability (especially post-Soviet states, except Ukraine, Belarus, Estonia and Moldova; the United Kingdom of Great Britain and Northern Ireland; Poland; France; Germany). However, the legislation of many European Union countries, including the Czech Republic, Slovakia and Estonia, provides for criminal liability only if there are aggravating circumstances when crossing the state border, providing for administrative liability for crossing the state border in other cases. Such circumstances are: use of force or threat of imminent use of force when crossing the state border, violation of the air border, ignoring the stop signal or order issued by a border guard official, crossing the border by a group of persons or a vehicle in a place not intended to cross the border, repeated offense while crossing the border, causing serious damage to health or life of a border guard official. Similarly, the legal regulation of legal liability for illegal crossing of the state border in Ukraine is an administrative offense, but in the presence of qualifying circumstances (illegal crossing of the state border to harm the interests of the state, as well as illegal crossing of the state border by a person prohibited entry into the territory of Ukraine, or representatives of units of the armed forces or other law enforcement agencies of the aggressor state) – a crime. Belarusian law provides for administrative liability for illegal crossing of the state border for the first time, and criminal liability for repeated offenses. States such as the Republic of Slovenia and the Republic of Moldova, whose legislation does not provide for criminal liability for illegal entry and illegal stay in the country, consider illegal crossing of the state border exclusively as an administrative offense.
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Kim, Nam-Wook, and Bong-Ki Shin. "A Study on the Contents of the Current Union Accounting System and the Prevention of Accounting Fraud." Korea Anti-Corruption Law Association 6, no. 2 (August 31, 2023): 3–40. http://dx.doi.org/10.36433/kacla.2023.6.2.3.
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Public institutions or social organizations that have received financial support from the government must submit accounting-related data for the financial support they have received in accordance with relevant laws or have them accounted for by separate accounting in accordance with relevant laws and have them undergo periodic internal or external audits. there is.
However, in Korea’s Trade Union Act, not only is the qualification of a union auditor and the scope of audit data that union members can request unclear, but also the scope of data reporting to administrative authorities is limited to cases requested by administrative authorities. There are limits to preventing fraud and corruption. There are cases of embezzlement or misappropriation of labor union fees by executives such as the head of a labor union, and suspicions of embezzlement of government subsidies are being raised. In order to secure the transparency of labor union accounting, there have been cases where the government has not submitted relevant data even though the government requested the labor union to submit the cover and inlay of the account books and documents based on the Trade Union Act.
Therefore, after clarifying the concept of accounting under the Trade Union Act, reviewing the trade union accounting system under the Trade Union Act in Korea, and comparatively examining legislation related to the trade union accounting system in the United Kingdom, the United States, Japan, and France, the implications for Korea to seek In addition, since transparency in labor union accounting is a prerequisite for securing democracy and autonomy of trade unions, clarification of labor union accounting standards, introduction of trust management duty and conflict of interest duty system for labor unions, measures to secure transparency in labor union finances, and From the viewpoint of the duty to prepare and submit an annual report, the guarantee of the right to access information to union members, the right to ask questions and the right to request data submission from administrative authorities, and the strengthening of administrative penalties for accounting corruption by trade union executives, etc. We seek to secure a fair and objective accounting system for labor unions.
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James, Edward, Thomas L. Robertshaw, Michael J. Pascoe, Fiona M. Chapman, Andrew D. Westwell, Mathew Hoskins, Jacob Barrow, et al. "Online survey into developing a model for a legal cannabis market in the United Kingdom." Drug Science, Policy and Law 7 (January 2021): 205032452110349. http://dx.doi.org/10.1177/20503245211034931.
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Background Despite rescheduling of cannabis to Schedule 2 and amendments to the law permitting legal availability of cannabis for the treatment of medical conditions, access to cannabis for medical use remains challenging for patients in the United Kingdom (UK). Recreational use is widespread despite laws stating users can be sentenced to prison for up to 5 years for possession. Objective The aim of the study was to develop a model for a legal cannabis market in the UK building upon the results of a preceding study in which a UK population sample determined that pharmacies are the most suitable primary legal vendor of cannabis as opposed to regulated shops or the black market. Methods An online survey was developed using Qualtrics software and advertised via the Multidisciplinary Association for Psychedelic Studies’ Facebook, Twitter and Instagram social media accounts and monthly newsletter. Results Three hundred and ninety seven individuals, a majority having used cannabis at least once, consented to participate in the study. The participants concluded that there is enough evidence for cannabis to be prescribed to treat a range of medical conditions. In addition to pharmacies providing cannabis to patients with a prescription, a majority of participants supported cannabis being sold in pharmacies for harm reduction purposes and allowing access to medicinal cannabis in cases where supporting evidence is insufficient to merit a prescription. Participants supported greater integration between dispensing pharmacies and mental health services. Overall, the participants did not oppose a consultation or screening for potential cannabis users prior to obtaining access from licensed vendors. UK participants were supportive of the concept of a cannabis card, which users can present to licensed vendors such as pharmacies, with specific recommendations (such as strains relevant to a patient’s medical condition) being coded into the card. A majority of participants supported the existence of shisha-type bars for the purchase and onsite consumption of cannabis and determined that such vendors should not be part of a pharmacy chain of stores or regulated by pharmacy regulators. The participants generally preferred that laws regarding public consumption are in line with existing smoking legislation. Participants determined that it should be legally permitted to grow cannabis at home for personal medical and non-medical purposes but not to sell for profit. Conclusion The results are suggestive of a regulatory system that medical and non-medical cannabis users can use which aims to maximise therapeutic applications, minimise harms and respect individual liberty.
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Voinov, A. "On contemporary aspects of assisted suicide at plato." European Psychiatry 64, S1 (April 2021): S447—S448. http://dx.doi.org/10.1192/j.eurpsy.2021.1195.
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IntroductionUsually, Plato is not considered a philosopher that comprehensively treated the matter of suicide. By studying Plato’s work (especially Crito, Phaedo, the Republic and the Laws), we observe that Plato was concerned with the problem of suicide and that he gave an elaborate answer regarding the problem of suicide, laws against its practice as well as exceptions from them, customs and punishments.ObjectivesThis paper, in the light of a trial to overcome the monistic approaches of the matter of suicide, proposes the modest but fundamental goal to point out the resemblance between Plato’s position (especially from the Laws and the Republic) regarding the matter of suicide and the nowadays reasons invoked by the patients requesting assisted suicide.MethodsLooking at the patients from the United States of America which requested assisted suicide, by analyzing the available annual reports (at the time of writing this abstract, only 6 out of 9 states that have a legal status that permits assisted suicide are publishing annual reports regarding the patients and their assisted suicide requests), we compare them with Plato’s attitude towards suicide.ResultsWe observe that the most invoked reasons (concerns and underlying illnesses), by the patients wich request assisted suicide, are also the cases in which Plato permitted suicide.ConclusionsThis comparison and insight into Plato’s philosophy does not resolve any particular issues of the medical praxis but is binging out the utility of a multidisciplinary, especially philosophical and ethical, approach to the practice of assisted suicide.
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McCrary, Charles. "Fortune Telling and American Religious Freedom." Religion and American Culture: A Journal of Interpretation 28, no. 2 (2018): 269–306. http://dx.doi.org/10.1525/rac.2018.28.2.269.
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AbstractIn the late nineteenth and early twentieth centuries, a number of people who were arrested for pretending telling fortunes appealed their convictions on religious freedom grounds. These accused fortune tellers, mostly white spiritualist women, were arrested for violating state statutes across the United States, from New York to Georgia to Oklahoma to Washington. Though each defendant lost her case, their arguments showcase previously understudied early twentieth-century attempts by relatively disempowered actors to expand the scope of religious freedom. One law professor, named Blewett Lee, wrote a series of articles in the 1920s in which he considered these cases and their implications, identifying central problems and advancing prescient arguments about religious freedom.This article thinks with Lee and the accused fortune tellers to highlight two key aspects of secularism and American religious freedom. First, it uncovers the epistemological assumptions embedded into jurisprudence and legislation around “fortune telling.” Many of the statutes, which were based on English vagrancy laws, applied to “persons pretending to tell fortunes.” The term “pretending” raised questions about what the law presumed to be true and whether secular states could adjudicate religious veracity. Second, this article argues that secularism is regulatory and that scholars should connect religious freedom to histories of policing, licensure, and other forms of regulation. These two aspects, one primarily conceptual and the other practical and procedure, work together to delineate the parameters of American religious freedom, as secular state agents both define “religious belief” and regulate believers.
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Дмитращук, О. С. "FOREIGN EXPERIENCE OF DOMESTIC VIOLENCE PREVENTION." Juridical science, no. 1(103) (February 19, 2020): 284–92. http://dx.doi.org/10.32844/2222-5374-2020-103-1.34.
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The relevance of the article is that the analysis of the legislation of foreign countries gives grounds to assert that in most countries of the world legislation on combating domestic violence has not yet been adopted, and in those countries that have laws to prevent domestic violence has not yet had sufficient experience. combating this socially dangerous phenomenon, and some countries completely ignore measures related to domestic violence, although they have laws to combat domestic violence. The article examines the most positive experience in preventing domestic violence in Europe and other countries. It is established that the most acceptable for Ukraine is a positive experience in preventing domestic violence in European countries. It has been established that in Austria the police are empowered to evict offenders and impose prohibition orders. The country has established “intervention centers” that provide free counseling, assistance and support to victims of domestic violence. In the Republic of Bulgaria, such a form of punishment is provided as public condemnation, which is manifested in the public condemnation of the violator before the labor collective in which he works or before the organization of which he is a member. It was found that the practice of cooperation between the police and the community in overcoming the problem of domestic violence, which is regulated by the Claire Act, is relevant. In the Federal Republic of Germany, domestic violence is not only aggressive and violent acts between a woman and a man, but also between children, parents, sisters and brothers. It is emphasized that in the Republic of Poland the public condemnation of the criminal act of the offender is a positive experience, because for offenders it is more unpleasant to condemn society than legal responsibility. In the United States, children’s social services are focused not only on the child, but also on the family as a whole. There are government and community commissions to investigate cases of violence in this state, and special shelters have been set up to house women with children who have left their homes due to ill-treatment.