Dissertations / Theses: 'Public health law'

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Barclay, Lee. "Public health law in Timor-Leste." Thesis, Curtin University, 2011. http://hdl.handle.net/20.500.11937/875.

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Post-conflict, ‘fragile’ nations face significant health, social, economic and political challenges. The international community is, on the whole, organised and effective in assisting these nations to address urgent priorities. Often, however, prioritisation of immediate concerns has resulted in less focus being given to capacity building, including the fostering of lasting, effective and autonomous systems within these nations.This study examined the post-conflict, transitional nation of Timor-Leste. In particular, it focused on the potential for a health systems-strengthening approach, public health law, to improve the exceptionally poor level of population health found in Timor-Leste. Public health law has a long history within the developed world of success in facilitating the prevention and control of disease. The extent to which law can assist in addressing key health concerns within the developing world has, however, attracted little attention to date.This thesis documents a social and political history of Timor-Leste and provides a review of selected population health indicators. An overview of the Timorese health and legal systems is provided with a focus on system capacity, existing public health law and reported strategic directions. The review is complemented by a survey of 245 residents of Dili, the capital of Timor-Leste, in order to ascertain levels of community awareness of, and support for, selected existing public health laws. Further context was provided through in-depth interviews with 19 health and legal professionals living and working in Timor-Leste. Importantly the study was designed and conducted according to guidance provided by four Timorese cultural advisors.Awareness of law is clearly essential if it is to be effective as a preventive intervention. Community support for law is arguably also fundamental if there is to be widespread adherence to law and political willingness to pursue law reform. Key dependent variables within the community survey and interviews with professionals included awareness of, and support for, public health law amongst a suite of specific regulatory areas including road safety, the sale of alcohol and tobacco to children, food safety and water safety. These areas were selected due to their existing or steadily increasing importance in the developing world. Quantitative analytical methods included Chi-square for examining differences between survey sub-groups, and Kendall’s tau-b for examining correlations between ordinal variables. Qualitative data from interviews was subject to thematic analysis.Analysis of survey and interview data highlighted a poor level of awareness of selected existing public health laws in Timor-Leste amongst participating community members and health and legal professionals. A number of demographic factors were identified as being statistically associated with levels of awareness within the community and these provide direction for future educative efforts. Encouragingly, this study has also identified a strong level of support for public health law amongst both community and professional groups. Support was high for the legal approach to health law overall and for each of the regulatory areas examined. Attitudinal factors associated with community support were identified and these provide guidance for future efforts to raise understanding and acceptance of public health law in Timor- Leste.The review of the health and legal systems, however, highlights that there currently exists an incomplete set of laws that lacks cohesion and accessibility in Timor-Leste: an analysis of applicable law requires a detailed investigation of Timorese and Indonesian law, and United Nations regulations. There appears also to be little systemic capacity to enforce existing, or develop additional, law and regulation. Public health law reform, furthermore, does not appear to be among the Timor-Leste government’s strategic directions.This study is one of few undertaken globally on public health law in a developing, post-conflict transitional society. The observation of widespread support for the legal approach to health provides impetus and direction to the proposition of a coordinated and resourced public health law strategy in Timor-Leste. Recommendations have been provided to address some of the current barriers to such a strategy, including capacity constraints, low awareness and low political and public service profile. Finally a theoretical framework is provided to specifically guide further research and implementation of public health law in Timor-Leste and similar settings.

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Davies, A. C. L. "Accountability : a public law analysis of National Health Service contracts." Thesis, University of Oxford, 1999. https://ora.ox.ac.uk/objects/uuid:7fa277f4-ba95-46e6-bd82-81ab2236acd5.

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The thesis takes as its subject the concept of accountability. It examines the use made of the concept in the public law literature, and advances a novel analytical model of the individual accountability mechanism. The model identifies the essential features of that mechanism: setting standards against which an account can be judged; requiring the person being called to account to explain and justify his or her actions; judging the account rendered against the standards set; and responding to the account rendered, where appropriate, with enforcement measures. This analytical approach provides a way of examining, in detail, an individual accountability mechanism, and identifying the main practical problems faced by the parties to it. The approach is applied to an empirical case study of National Health Service (NHS) contracts. (The fieldwork involved an examination of contractual relationships between purchasers (Health Authorities and GP fundholders) and providers (NHS Trusts) in three sample areas, using document analysis, interviews and observation.) The study's main findings fall into three groups. Firstly, purchasers were subject to various pressures and constraints (of time and resources, for example) which affected their actions in calling providers to account. Secondly, the study uncovered some of the complexities of the relationship between the parties to the accountability process. Analytical models of the accountability relationship were developed in order to classify different types of relationship according to the parties' behaviour and their degree of mutual trust. Thirdly, the study examined whether purchasers, as callers to account, could render the accountability process effective. For various reasons, purchasers often lacked the authority to set and enforce the standards they required. The model of the accountability mechanism developed in the thesis also has evaluative potential. Drawing on the public law literature as well as the empirical data, a notion of the good accountability process is evolved. This includes, for example, requirements of maximising the accountability achieved within available resources, maintaining good relationships by using fair procedures, and finding ways of making the whole process effective. Some of these principles may be of more general application to other accountability processes. Possible generalisations are explored, particularly the contribution of the thesis to the development of an explicitly public law concept of contract.

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Li, Phoebe Hung. "Revisiting public health emergency in international law : a precautionary approach." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6393.

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This work develops a means to encourage states to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) which promotes access to medicines in a public health emergency. In pursuing this solution, the precautionary approach (PA) and the structure of risk analysis have been adopted as a means to build a workable reading of TRIPS and to help states embody the flexibilities of intellectual property (IP). This work argues for a PA reading of TRIPS and that states have the precautionary entitlements to determine an appropriate level of health protection from the perspective of “State responsibility” in international law. A philosophical review is conducted followed by the examination of existing international legal instruments including the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, the WHO International Health Regulations, the Codex Alimentarius, and the Cartagena Protocol on Biosafety. The PA has been found to have a pervasive influence on risk regulation in international law, yet the application is fraught with fragmentations in different legal regimes. In order to reach a harmonious interpretation and application of the PA in the WTO, the legal status of PAs of different WTO instruments have been analysed. Further, a comparative study on PAs in terms of legal status in the exemptions of the WTO and TRIPS obligations has been proposed. The political and moral basis for compulsory licencing in a public health emergency has been bolstered through the interpretation and the creation of legal status of the PA in WTO/TRIPS law.

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Kruck, Lisa-Anne James. "A values analysis of attitudes towards the use of law to prevent obesity: How might these values inform public health law theory and practice?" Thesis, Queensland University of Technology, 2015. https://eprints.qut.edu.au/84854/4/Lisa-Anne_Kruck_Thesis.pdf.

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This thesis asks whether values, like government duty, individual responsibility, community and social justice, influence the way that scholars and research participants think about the use of law to prevent obesity. It explores the way participants speak about values when expressing their support for or against a variety of government regulatory interventions, including taxation, food labelling reforms and advertising restrictions. This research contributes to our understanding of theories of public health law and public health ethics. The qualitative findings also have implications for policy development, in advocating for a variety of government interventions to prevent obesity.

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Patterson, David. "HIV : public health, criminal law and the process of policy development." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22702.

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This paper examines briefly the changing conceptions of HIV disease in the Canadian context. Historical reference is made to the increase in state involvement in the field of public health, and to the shift from an emphasis on environmental and behavioural factors to infectious agents as the causes of disease. The role of the state in the prevention of HIV disease is then discussed, with reference to human rights and changing perceptions of the role of the law. The paper then considers a specific issue: the criminal law and the sexual transmission of the virus. The Canadian legislation and case law is compared with the Australian response. It is suggested that the early focus on HIV legal policy in Australia led to a general agreement that the criminal law had a very limited contribution to make in this regard. The paper concludes with comments on the process of legal policy development, rather than specific recommendations for law reform.

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Shaffer, Tammy. "Women in Mississippi Undergoing Hysterectomies in Absence of Comprehensive Informed Consent Law." ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/6279.

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Only three states have enacted informed consent laws aimed at providing more information concerning any alternative treatments for women who undergo hysterectomy. This study attempted to fill the research gap regarding consent laws and perceptions of women who underwent hysterectomy in a state with no informed consent laws. Supported by the health belief model (HBM), the research questions focused on the perceptions of women and their lived experiences. The purpose of this qualitative study was to examine the beliefs and attitudes of women in a state with no informed consent laws. Interviews were the main data collection technique. The participants were 10 women who underwent a hysterectomy and were between 20 and 40 years of age at the time of the research. The interview data were analyzed using thematic analysis. The findings demonstrated that the women who underwent hysterectomies in the absence of comprehensive informed consent law could be subjected to the procedure without sufficient information. Participants negatively described their physiological, psychological, and emotional consequences of undergoing hysterectomies without sufficient information; many of them reported feeling deceived by their doctors. Overall, the women expressed the belief that care providers should be required to offer all the pertinent information about hysterectomies and alternative treatments prior to the procedure. The results of this research can be used to advocate for the introduction of comprehensive informed consent laws, promoting the positive social change that would benefit the women of the U.S.

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Hamblin, Julie. "Public health legislation and HIVaids : confrontations in compulsory case-reporting." Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61750.

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Tenczar, Wendy. "The grand delusion : recovered memories challenge the law." Honors in the Major Thesis, University of Central Florida, 1997. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/16.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.
Bachelors
Health and Public Affairs
Legal Studies

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Judkins, Daniel Glen 1950. "Head injury outcomes evaluation of a bicycle helmet law for children." Thesis, The University of Arizona, 1998. http://hdl.handle.net/10150/278664.

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Background. Bicycle helmets are 85% effective in protecting against head injury. The City of Tucson enacted an ordinance requiring children to wear a helmet. This quasi-experimental, population-based study evaluates this law's effectiveness. Hypotheses. Primary hypothesis: There will be a significant decrease in head injury occurrence in children after the helmet law. Secondary hypothesis H₂: There will be a significant decrease in head injury severity. Secondary hypothesis H₃: There will be a significant decrease in fatality due to head injury. Data collection. Trauma center trauma registry data, the hospital discharge data from other Tucson hospitals, and the medical examiner's case files. Data analysis. Chi square analysis of the proportion of head injury to all bike injuries, pre and post, revealed a significant drop in head injuries, confirming the primary hypothesis. Other analyses revealed a reduction in injury, but not to significant levels. Conclusion. The helmet law is effective.

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Welch, Philip J. "State Legislators' Support for Evidence-based Obesity Reduction Measures." University of Toledo / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=toledo1320940976.

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Lund, Lasse. "Public Health and Public Security versus Free Movement of Persons : Restriction on Cross-border Traffic at the Internal Borders of the EU." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-87726.

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Chainani, Anjali A. "Sugar-Sweetened Beverage Taxes| Learning from Passage and Failure in California Cities." Thesis, University of the Sciences in Philadelphia, 2019. http://pqdtopen.proquest.com/#viewpdf?dispub=13859719.

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Since 2014, voters in four California cities approved ballot measures seeking to levy a penny-per-ounce tax on sugar-sweetened beverages (SSBs). Prior to these instances of success, over 128 local and state SSB tax proposals in the U.S. failed passage since 2009. The recent success of SSB tax passage in California presented an opportunity to explore factors associated with SSB tax passage, and to explore if John Kingdon’s Multiple Streams Approach (MSA) applied in cases where the tax passed. The study also identified how Kingdon’s theory may be modified in cases involving local governments.

I conducted a retrospective qualitative analysis using primary and secondary data collection to compare the outcome of SSB tax proposals across California cities. I interviewed 22 individuals using semi-structured telephone interviews to learn about each city’s SSB tax proposal and process. Successful and unsuccessful SSB tax proposals were compared to learn from both passage and failure.

Five key themes or patterns were associated with cases of success including: (1) advanced planning, (2) building support, (3) voter engagement, (4) messaging, and (5) media. Cities that failed to pass the tax did not achieve consensus about the problem, or the proposed solution. A policy that is perceived as technically unfeasible has reduced chances of survival. The MSA provided a useful framework for analyzing factors associated with SSB tax success, however it remains unclear how much independence there is between the three streams at the local policymaking level. Based on the results from this study, I proposed a modification to the problem stream by adding a typology of events to further analyze factors associated with why a policy alternative may rise or fall on an agenda.

The results from this project have the potential to broaden the application of the MSA theory. The findings from this study will be useful to policymakers and advocates in cities that utilize direct or representative democracy, and may lead to other local level SSB tax adoption in the future. Policy entrepreneurs play an important role in shaping the course of how a problem is perceived. Problems and solutions that resonate with voters are more likely to rise on an agenda. This project also demonstrates the value of learning from policy failures. In some cases, iterating a strategy after a failure may be the only way to innovate towards a successful outcome over time.

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Rodriguez, Yisell. "Immigration law and enforcement the role of states and local authorities." Honors in the Major Thesis, University of Central Florida, 2012. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/610.

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Immigration law and its enforcement are controversial and highly debated topics. States are increasing their role in the enforcement of immigration law by enacting laws that allow local law enforcement to function as immigration officers with the intent of decreasing the illegal alien population within their jurisdiction. The primary focus of this thesis is to determine whether state and local police have the legal power to enforce immigration laws that have been the jurisdiction of the Federal Government for decades. There are two sides that are discussed in this thesis, the proponents who are in favor of increased participation and those who oppose it. The proponents argue that federal law has not preempted states from enforcing immigration law and that states have inherent authority to do this. The critics argue that this is unconstitutional because the constitution and other legal authorities grant exclusive power to the Federal Government in the area of immigration law. Through the analysis of constitutional provisions, case law and statutes, quantitative statistics, anecdotal evidence, federal and state programs, and governmental resources this thesis evaluates the current role of state and local authorities and proposes a different role for local jurisdictions in the enforcement of immigration law. Evidence shows that states are allowed to enforce some immigration laws but doing this has negative consequences for the people, the states, and the nation. Research shows that increased participation from local law enforcement leads to racial profiling, civil rights violations, and damages the relationship between the police and the community; therefore, the line between state and federal enforcement should be monitored carefully.
B.A. and B.S.
Bachelors
Health and Public Affairs
Legal Studies

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Brown, Rebecca. "The ethics of using financial incentives to encourage healthy behaviour." Thesis, Queen Mary, University of London, 2013. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8395.

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Efforts to encourage healthy behaviour often fail to bring about sustained changes in people’s lifestyles. New approaches to tackling chronic disease include the use of financial incentives: rewards paid to individuals conditional upon their achieving some pre-specified target, such as losing weight or quitting smoking. Incentives may provide an extra motivation to adopt healthy lifestyles, and structure behaviour change efforts in ways more conducive to success. Health incentives have, however, provoked controversy, attracting accusations of ‘bribing people to be healthy,’ ‘rewarding bad behaviour,’ and ‘wasting taxpayers’ money.’ It remains unclear how viable health incentives could be as a tool for health promotion; but, even if effective, their contentious nature may still give reason for hesitancy. Here, I explore whether such ethical concerns present us with convincing reasons not to use health incentives. I begin by looking at the nature of the criticisms of incentives in the media, and grouping these arguments into more general themes for discussion. I then proceed to consider each of these in turn, beginning first with debates about the requirements for the state to act efficiently without overstepping its legitimate sphere of influence. I then move on to concerns relating to the potential for incentives to undermine liberty and autonomy. Next, I discuss whether health incentives are unjust insofar as they are undeserved, and how this relates to agent freedom and responsibility for adopting healthy lifestyles. Finally, I consider the worry that using money as a healthcare intervention could corrupt certain values that we care about. In concluding, I seek to give an overall idea as to the ethical permissibility of health incentives, and identify some key features that are likely to render incentives more or less acceptable as a means of improving health.

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Wang, Yanbai Andrea. "Who makes international law? : how the World Health Organization changed the regulation of infectious disease." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:e59123f0-aea5-47e9-9521-0d107a07dd3f.

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This thesis investigates the impact of international organizations on the making of international law by applying insights on how international organizations work—or fail to work—to the process of institutionalized treaty making. Specifically, I probe the relationship between the World Health Organization (“WHO”) and international infectious disease law, focusing in particular on the 2005 International Health Regulations (“2005 IHR”), which was negotiated, adopted, and is now being implemented under WHO’s auspices. The 2005 IHR is the most recent development in international infectious disease law, the history of which extends back to the beginning of international health cooperation in the mid-nineteenth century, before any international health organization was formed. Relying on secondary sources, WHO documents, archival materials, and personal interviews, I chronologically trace the evolution of international infectious disease law across changing institutional settings. I first examine the incremental growth of the older “barrier” approach to infectious disease regulation, initially developed in the absence of any international health organization and then with the aid of one of WHO’s predecessor organizations. I then analyze the decline of the barrier approach and the rise of the new “epidemiological” approach embodied by the 2005 IHR, with the aid of WHO. Based on my empirical analysis, I conclude that WHO has radically changed the process of making international infectious disease law as well as its content. On its own initiative and without member state demand, WHO’s permanent staff experimented with novel practices that subsequently became the basis for the 2005 IHR. WHO’s work reduced the length of formal negotiation needed to arrive at a new agreement and the uncertainty associated with adopting a novel regulatory system. Its influence also raises normative questions about the proper role of international organizations in making international law—questions that require further exploration.

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Szabados, Tibor. "Krankenhäuser als Leistungserbringer in der gesetzlichen Krankenversicherung." Berlin : Springer, 2009. http://www.zhbluzern.ch/emedien_info.htm.

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Staples, Celia Ann Houston. "Restaurant and bar owners and managers respond to North Carolina's smoke-free law, electronic cigarette use inside their businesses, and smoke-free outdoor seating areas." Thesis, East Carolina University, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1590169.

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This descriptive, cross-sectional study was used to collect and analyze data provided from a pencil and paper survey mailed to a randomly selected group of North Carolina restaurants and bars. The topic of the study was North Carolina's smoke-free restaurants and bars law. The two purposes of this study were: 1) to assess whether, after five years of implementation of the N.C. smoke-free law, restaurant and bar owners and managers receive complaints about the law, and whether they are experiencing the benefits promised when the law was first passed and 2) to explore their actions and interest related to policies that go beyond what is covered in the state law, specifically prohibiting the use of electronic cigarettes indoors and/or providing smoke-free seating areas for customers outside.

A 20-question survey was mailed to 663 restaurant and bar owners/managers. The overall response rate was 20.3% (23% for restaurants and 17% for bars). The total number of surveys analyzed was 135 (86 from restaurants and 49 from bars). All participants acknowledged knowing about the smoke-free law, and the two most frequently selected benefits for restaurants and bars were customers breathing less tobacco smoke (65.2%) and fewer complaints about secondhand smoke (58.5%). Another frequently selected benefit of the law was reduced maintenance and cleaning costs (45.9%). A total of 79.1% of restaurants and 73.5% of bars reported at least one benefit from the smoke-free law.

Further analysis showed that while restaurant and bar owners/managers receive few complaints about secondhand smoke, more than half of bars reported receiving complaints during the last 12 months from smoking customers and employees about not having a place indoors to smoke. Qualitative analysis of comments responding to an open-ended question showed that bar owners and managers tend to be less happy with the smoke-free law than restaurant owners and managers. Bar owners and managers also shared specific problems with the law and recommended solutions to those problems.

Restaurants were found to be significantly more likely than bars to restrict the use of electronic cigarettes inside their businesses, with more than two-thirds of restaurant participants either banning their use inside or limiting their use to designated areas. Restaurants and bars did not show a statistically significant difference in smoke-free outdoor customer areas, with 29% of all participants reporting some smoke-free policy for outdoor customer areas.

A moderate number of participants said they are interested in more information about restricting electronic cigarette use (14.3%) and more information about creating smoke-free outdoor customer areas (18.6%). Trends and interest in both of these policy areas create an opportunity for public health to respond with programs and policy efforts.

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Menzies, Allan R., and n/a. "Attitudes to euthanasia amongst health care professionals in the Australian Capital Territory : issues towards a policy." University of Canberra. Administrative Studies, 1991. http://erl.canberra.edu.au./public/adt-AUC20061017.152535.

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Three groups of health care professionals were canvassed for their views on euthanasia - student nurses, practising nurses and doctors. The aim of the research was to make a possible contribution to a formalised health policy on this issue for the ACT. The following forms of euthanasia were covered by the research: (i) voluntary active euthanasia: (ii) voluntary passive euthanasia: (iii) involuntary active euthanasia: (iv) involuntary passive euthanasia. Passive forms of euthanasia were found to be the most acceptable. Voluntary forms of euthanasia were not found, in general, to be more approved of than involuntary forms of euthanasia. However, active forms of euthanasia were much less acceptable than passive forms. In order to adapt the research findings to a methodology for policy use. Allison's models (1971) of public policy development were modified into a single model. This provided an application of the research results in such a way as to allow for the development of a possible formalised policy on euthanasia, and practical applications. The conclusions drawn from the research findings and the subsequent recommendations are supportive of law reform and the implementation of a new policy on the issue of euthanasia.

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Morain, Stephanie. "Contested Boundaries: Evaluating Institutional and Government Authority in Academia and Public Health." Thesis, Harvard University, 2014. http://dissertations.umi.com/gsas.harvard:11264.

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This dissertation explores tensions between individual freedom and institutional authority. Chapter one examines public perceptions of the legitimacy of "new frontier" public health measures. I present results from a national survey of 1,817 adults concerning the acceptability of public health interventions for noncommunicable diseases. We found that support for these interventions is high overall; strongly associated with race and political orientation; and tied to perceptions of democratic representation in policy making. There was much support for strategies that enable people to exercise healthful choices, but considerably less for more coercive measures. These findings suggest that the least coercive path will be the smoothest. Additionally, the findings underscore the need for policy makers to involve the public in decision making, understand the public's values, and communicate how policy decisions reflect this understanding.

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Ortiz, Vivian J. "Student attitudes towards campus law enforcement exploring issues of confidence and utilization." Doctoral diss., University of Central Florida, 2010. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/4648.

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The assessment of citizen attitudes has, in recent decades, become standard practice within the criminal justice system. However, in assessing the criminal justice system, most research has gathered data on the attitudes and perceptions of specific populations within society (i.e. older citizens) and has not really focused on younger age groups, or more specifically, students enrolled in colleges and universities. The present study examined attitudes of college students in the areas of confidence and utilization of campus police. Utilizing a non-random convenience sample of undergraduate and graduate students (N=393) at a large four-year research institution, participants completed a 21-item survey to measure their confidence and utilization of campus police, resources, and services. The results suggest that confidence does not affect utilization of police and students stated they would utilize police despite their confidence level. However, more significantly, students also indicated that while they would utilize police, they reported they had not. As a result, various recommendations were made to improve communications between students and campus police and directions for future research were also noted.
ID: 028916738; System requirements: World Wide Web browser and PDF reader.; Mode of access: World Wide Web.; Thesis (Ph.D.)--University of Central Florida, 2010.; Includes bibliographical references (p. 135-148).
Ph.D.
Doctorate
Health and Public Affairs
Public Affairs

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Phahladira, Martha Thapelo. "A critical Evaluation of the Locality Rule regarding the rural health care service in Public Sector." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/75388.

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The South African health sector encounters significant challenges of inequality in terms of access to health care services. A ‘quadruplet burden of disease’ does not make access to health any easier. Patient’s access to health care can be hindered by the patient’s residential area. Rural patients are faced with hospitals that do not have specialist care while urban areas are swamped with patient who need specialist care. Medical general practitioners’ scope of practice is limited and that creates challenges when patients need specialised care in a resource constrained environment. The time it takes for the patient in public health sector to access health services may be affected by their locality. The same challenges may be experienced by patient in private sector with medical Aids who are residing in the rural areas. The state’s impression is that demand is more than supply. On the other hand the court pursues justice for people who do not receive timeous access to healthcare. The study will be researching on locality issues that can jeopardise the standard of care. Although The Health Professions Council of South Africa is silent about the Locality Rule but it has unanimously adopted prerequisites and contraindications for using the Locality Rule as a defence. The Council has a duty in terms of Health Professional Act 56 of 1974 to uphold patient safety. The work seeks to understand the origin of the locality rule, its application in terms of the Constitution of the Republic Of South Africa, case law and relevant legislature. The work will also take into consideration the historical background of the South African health system and its responsibility in advancing socioeconomic rights for the citizens of South Africa. The prerequisite for using resource constrains and special circumstances will be discussed.
Dissertation (MPhil)--University Of Pretoria, 2020.
Public Law
MPhil
Unrestricted

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CHAN, Wai Yin. "Beyond public health : the cultural politics of tobacco control in Hong Kong." Digital Commons @ Lingnan University, 2009. https://commons.ln.edu.hk/cs_etd/4.

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This work provides cultural and political explanations on how and why cigarette smoking has increasingly become an object of intolerance and control in Hong Kong. Since the 1980s, the smoking population has been falling. Smoking behavior, sales and promotion of cigarette products have been under close surveillance by the government, medical experts and society at large. Cigarette smoking, as well as smokers, has increasingly been rejected and demonized in the public discourse. What are the conditions that make the growing intolerant discourses and practices against cigarette smoking possible and dominant? Why and how has the tobacco control campaign become prevalent as a governmentalist project, which is strong enough to tear down the alliance of tobacco industry giants? Why is tobacco singled out from other legal but harmful substances, such as alcohol, as an imperative object of intolerance and control? This work tackles these questions by adopting a Foucauldian discursive approach and the theory of articulation developed in cultural studies. By considering tobacco control as a historical and contextual practice, it traces the specific trajectory of tobacco control in Hong Kong, maps the cultural and political contexts that make it possible, and considers its consequence regarding the complex relationship among control, construction of risk, identity and freedom in society.

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Lakpini, Clarence Sokolambe. "An examination of South Africa’s efforts at patent system reform: trips flexibilities fully appropriated for public health needs?" Master's thesis, Faculty of Law, 2020. https://hdl.handle.net/11427/31712.

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The question that underlies this research is whether and to what extent does South Africa’s moves to amend its Patent Act, as outlined in the country’s new Intellectual Property (IP) Policy take advantage of the flexibilities made available through the Agreement on Trade- Related Aspects of Intellectual Property (TRIPS)? Patents law and access to medicines are two areas which are not new to South African IP law. Since the late 1990s when the Human Immunodeficiency Virus (HIV) was at its peak, there has been a tensed relationship between IP, through patents, and access to medicines. While proponents for pharmaceutical patents have argued that patents are a necessary stimulant for innovation and development of new medicines, those against pharmaceutical patents have vigorously laid blame on the patent system for birthing monopolies which have led to unaffordable prices for many life-saving drugs. This dissertation examines the patent framework of South Africa and juxtaposes it with the TRIPS Agreement to determine if there is a gap with the regards to the flexibilities available under each, and if so, how much of a gap exists between them. Also, the recommendations made in the IP Policy which was released by the Department of Trade and Industry (DTI) in 2018, are evaluated to ascertain how aligned to the TRIPS flexibilities they will be if they are turned into law by the lawmaker. The Indian patent system is also looked at to see how it went about patent reform and what South Africa can learn from it. Finally, conclusions are drawn and recommendations made, regarding model language which reflects the recommendations in the Policy that the lawmaker may refer to in the amendment process. Patent reform is a difficult task, and with lives hanging in the balance, a crucial one. The process in South Africa has lingered for many years without resolution. This dissertation highlights the need for urgency in the process with the hope that these changes catalyse into a more equitable patent system where the IP scale provides a more balanced eco-system in which both pharmaceutical patent owners and the general public who rely on their medicines can thrive. Although, a daunting task, a bold and proactive approach must be taken to ensure that the balance is reached timeously and efficiently.

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24

Spencer, Liesel Emma. "Regulating food security: A comparative public health law analysis of Australian income management and US food welfare." Thesis, The University of Sydney, 2019. https://hdl.handle.net/2123/21297.

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Food insecurity is a significant public health problem in Australia and the United States. In both countries, people who depend upon welfare benefits are at increased risk of food insecurity, socioeconomic disadvantage, and adverse health outcomes – including malnutrition, obesity, and associated chronic disease. In this dissertation, I compare the ways that Australia and the US have used welfare (social security) law as part of the state response to food insecurity. The purpose of this comparison is to consider how the US experience can inform Australia’s approach to using welfare law to regulate the risk of food insecurity in vulnerable population groups. In comparative law methodology, borrowing legal ideas from another jurisdiction is an established law reform method, the ‘legal transplant’. I take an interdisciplinary approach – comparative legal geography – to legal transplants as a law reform methodology. Legal geography is a ‘law-and-’ discipline which examines the relationships between law and the social and environmental context (or ‘place’) where law is implemented. I use case studies of specific places, Bankstown in Australia and Oakland in the US, to investigate how local social and environmental realities condition and limit the effectiveness of welfare law in regulating the risk of food insecurity. In Australia, welfare benefits are usually provided as cash transfers. In recent years, however, Australia has implemented trials of ‘income management’, which quarantines a proportion of welfare recipients’ benefits onto an electronic benefits transfer card and places restrictions on where people can shop and what they can buy. Prior to implementing the scheme, the Australian government failed to investigate whether alternatives to cash transfers have improved food security in other countries – despite citing other countries, including the US, as precedent. Compounding this failure, the various trials of income management have not been properly evaluated to see if they are improving food security as intended. In a case study of the trial of ‘place-based income management’ in the New South Wales city of Bankstown, I find that the trial is not successful as a public health intervention into the risk of food insecurity, and that it entrenches social and cultural exclusion by restricting where people can buy food. The US experience of using welfare law to address food insecurity, in its suite of food assistance programs, provides a rich body of evidence for comparative law purposes. I consider the food security outcomes of each of the three major US food welfare schemes: SNAP, formerly known as food stamps; WIC, targeting women, infants and children; and the school food programs. In a case study of the localised effects of food welfare programs in Oakland, California, I consider how the effectiveness of those programs as a food security intervention is mediated by sociocultural and environmental factors. I argue that income management laws in Australia, and food welfare laws in the US, are not solely welfare laws but are also a form of de facto public health regulation of the risk of food insecurity. I apply Lawrence Gostin and Lindsay Wiley’s systematic framework for the evaluation of public health regulation to US food welfare laws to assess whether those laws are a justifiable form of public health regulation. I find that the results are nuanced in relation to the various US food assistance programs, but that, regardless, it is important to consider the legitimacy and impact of onerous public health regulation – especially before imposing it on disadvantaged groups of people. I propose that Gostin and Wiley’s evaluation framework be extended to include an additional criterion of whether regulation is ‘place-sensitive’, or suitably adapted to the place or places where it is implemented. I recommend that Australian welfare law be reformed via a legal transplant, in adapted form, of a WIC-style scheme and a school food program; however, I reject SNAP, or ‘food stamps’, as inappropriate for Australia. I argue that Australia should retain cash transfers as the basis of food security for disadvantaged households, and that a WIC-style scheme and a school food program should be implemented as a supplement to, and not a replacement for, existing entitlements, with the goal being to build upon and improve food security for disadvantaged groups. In the legal transplant proposal, I argue that law reform should be implemented in a way that promotes food security, is appropriately adapted to the social and environmental conditions of individual places, and respects human dignity and autonomy as essential components of justifiable public health regulation.

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25

Jarumai, Cyril Joshua. "Some aspects of modern Irish law." Thesis, National Aviation University, 2021. https://er.nau.edu.ua/handle/NAU/48765.

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By the early 21st Century further amendment to the Constitution has been necessitated by Ireland’s membership of the European Union, which has involved the cession of a degree of sovereignty and the subordination of national law to European law. A significant amendment was effected pursuant to the Good Friday Agreement, when Ireland removed its territorial claim to Northern Ireland and replaced it with the principle of unity by consent.Today’s Irish law due to the pandemic conditions of its development is on the way to its own improvement to regulate social relations effectively and protect the interests of their participants.

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26

Hoffman, Steven Justin. "Evaluating Strategies for Achieving Global Collective Action on Transnational Health Threats and Social Inequalities." Thesis, Harvard University, 2015. http://nrs.harvard.edu/urn-3:HUL.InstRepos:23845489.

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This dissertation presents three studies that evaluate different strategies for addressing transnational health threats and social inequalities that depend upon or would benefit from global collective action. Each draws upon different academic disciplines, methods and epistemological traditions. Chapter 1 assesses the role of international law in addressing global health challenges, specifically examining when, how and why global health treaties may be helpful. Evidence from 90 quantitative impact evaluations of past treaties was synthesized to uncover what impact can be expected from global health treaties, and based on these results, an analytic framework was developed to help determine when proposals for new global health treaties have reasonable prospects for yielding net positive effects. Findings from the evidence synthesis suggest that treaties consistently succeed in shaping economic matters and consistently fail in achieving social progress. There are three differences between these domains which point to design characteristics that new global health treaties can incorporate to achieve positive impact: 1) incentives for those with power to act upon them; 2) institutions designed to bring edicts into effect; and 3) interests advocating for their negotiation, adoption, ratification and domestic implementation. The chapter concludes by presenting an analytic framework and four criteria for determining which proposals for new global health treaties should be pursued. First, there must be a significant transnational dimension to the problem being addressed. Second, the goals should justify the coercive nature of treaties. Third, proposed global health treaties should have a reasonable chance of achieving benefits. Fourth, treaties should be the best commitment mechanism among the many competing alternatives. Applying this analytic framework to nine recent calls for new global health treaties reveals that none fully meet the four criteria. This finding suggests that efforts aiming to better utilize or revise existing international instruments may be more productive than advocating for new treaties. The one exception is the additional transnational health threat of antimicrobial resistance, which probably meets all four criteria. Chapter 2 builds on this work by evaluating a broad range of opportunities for working towards global collective action on antimicrobial resistance. Access to antimicrobials and the sustainability of their effectiveness are undermined by deep-seated failures in both global governance and global markets. These failures can be conceptualized as political economy challenges unique to each antimicrobial policy goal, including global commons dilemmas, negative externalities, unrealized positive externalities, coordination issues and free-rider problems. Many actors, instruments and initiatives that form part of the global antimicrobial regime are addressing these challenges, yet they are insufficiently coordinated, compliant, led or financed. Taking an evidence-based approach to global strategy reveals at least ten options for promoting collective action on antimicrobial access, conservation and innovation, including those that involve building institutions, crafting incentives and mobilizing interests. While no single option is individually sufficient to tackle all political economy challenges facing the global antimicrobial regime, the most promising options seem to be monitored milestones (institution), an inter-agency task force (institution), a global pooled fund (incentive) and a special representative (interest mobilizer), perhaps with an international antimicrobial treaty driving forward their implementation. Whichever are chosen, this chapter argues that their real-world impact will depend on strong accountability relationships and robust accountability mechanisms that facilitate transparency, oversight, complaint, and enforcement. Such relationships and mechanisms, if designed properly, can promote compliance and help bring about the changes that the negotiators of any new international agreement on antimicrobial resistance will likely be aspiring to achieve. Progress should be possible if only we find the right mix of options matched with the right forum and accountability mechanisms, and if we make this grand bargain politically possible by ensuring it simultaneously addresses all three imperatives for antimicrobials – namely access, conservation and innovation. Chapter 3 takes this dissertation beyond traditional Westphalian notions of collective action by exploring whether new disruptive technologies like cheap supercomputers, open-access statistical software, and canned packages for machine learning can theoretically provide the same global regulatory effects on health matters as state-negotiated international agreements. This kind of “techno-regulation” may be especially helpful for issues and areas of activity that are hard to control or where governments cannot reach. One example is news media coverage of health issues, which is currently far from optimal – especially during crises like pandemics – and which may be difficult to regulate through traditional strategies given constitutional freedoms of expression and the press. But techno-regulating news media coverage might be possible if there was a feasible way of automatically measuring desirable attributes of news records in real-time and disseminating the results widely, thereby incentivizing news media organizations to compete for better scores and reputational advantage. As a first move, this third chapter presents a relatively simple maximum entropy machine-learning model that automatically quantifies the relevance, scientific quality and sensationalism of news media records, and validates the model on a corpus of 163,433 news records mentioning the recent SARS and H1N1 pandemics. This involved optimizing retrieval of relevant news records, using specially tailored tools for scoring these qualities on a randomly sampled training set of 500 news records, processing the training set into a document-term matrix, utilizing a maximum entropy model for inductive machine learning to identify relationships that distinguish differently scored news records, computationally applying these relationships to classify other news records, and validating the model using a test set that compares computer and human judgments. Estimates of overall scientific quality and sensationalism based on the 500 human-scored news records were 3.17 (“potentially important but not critical shortcomings”) and 1.81 (“not too much sensationalizing”) out of 5, respectively, and updated by the computer model to 3.32 and 1.73 out of 5 after including information from 10,000 records. This confirms that news media coverage of pandemic outbreaks is far from perfect, especially its scientific quality if not also its sensationalism. The accuracy of computer scoring of individual news records for relevance, quality and sensationalism was 86%, 65% and 73%, respectively. The chapter concludes by arguing that these findings demonstrate how automated methods can evaluate news records faster, cheaper and possibly better than humans – suggesting that techno-regulating health news coverage is feasible – and that the specific procedure implemented in this study can at the very least identify subsets of news records that are far more likely to have particular scientific and discursive qualities. Prospects for achieving global collective action on transnational health threats and social inequalities would be improved if greater efforts were taken to systematically take stock of the full-range of strategies available and to scientifically evaluate their potential effectiveness. This dissertation presents three studies that do so, which together showcase the diversity of approaches that can be mustered in pursuit of this goal.
Health Policy

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27

Stuart, Candace. "The effect of domestic violence in custody proceedings, and recommendations for Florida law." Honors in the Major Thesis, University of Central Florida, 2008. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1145.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.
Bachelors
Health and Public Affairs
Legal Studies

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28

Leichter, Paola J. "A Bitter Pill to Swallow| The Negative Impact of Non-Compete Clauses in Physician Employment Contracts." Thesis, The George Washington University, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1596166.

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In today's modern world of medicine, most, if not all, physician employment contracts contain non-compete clauses. Non-competes, also known as restrictive covenants, essentially function as restraints on trade. Non-competes act as a restraint in the medical arena by preventing physicians from taking patients with them when physicians begin new employment or, alternatively, depart on a self-employment basis. They also restrain physicians from competitively practicing medicine in a predetermined geographic area for a specified period of time.

Restraints on trade have a long noteworthy history. One case that emphasized the importance of having checks and balances on such restraints is Lochner v. New York. While not relating to the practice of medicine and non-compete provisions, Lochner is nonetheless an important case to the analysis of non-compete provisions in physician employment contracts. Lochner is necessary to the discussion of non-competes because it emphasizes how the history of restrictions on restraints on trade have changed so that now private parties, and not just the government, are allowed to implement restrictions. Additionally, these restrictions vary depending on the profession and where professionals practice.

Non-compete provisions are found in contracts created by both small private medical practices, as well as bigger entities, such as hospitals and managed care organizations. Therefore, this is not an issue limited to the size of the practice. The physician-patient relationship has gradually become more and more of an impersonal one due to managed care organizations and legislation such as the Affordable Care Act (ACA). This does not, however, mean that physicians and patients approve of this interference and push towards an impersonal relationship. Thus, if patients are unhappy with the resulting impersonal relationship from managed care plans and legislation, patients may suffer further from these non-compete clauses interfering with the patients' utilization of physician services.

These clauses hurt not only the physicians trying to practice, but also have the capacity to conflict with patient choice in regard to selecting the physician they want for treatment purposes. More importantly, such non-competes negatively interfere with the continuity of patient care. It is for these aforementioned reasons that it would behoove the American Medical Association (AMA) to model its non-compete guidelines after those found in the American Bar Association (ABA), which strictly limit the use of such non-compete provisions in attorney employment contracts.

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29

Emeordi, C. Isreal. "Nigerian law in pandemic times." Thesis, National aviation university, 2021. https://er.nau.edu.ua/handle/NAU/48763.

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Consequences of the well-known world’s pandemic under which we still live had their impact on every country. The global community has got one more reason for its internal differently directed changes to give a rather quick reaction for its further existence and development in conditions of the fight against COVID-2019. Due to this fact, Nigerian law is on the way of its transformation to be effective for the further development and prosperity of the state and welfare of the people.

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30

Aguiar, Maricruz. "Real estate law the American dream transfigured into the American mortgage crisis." Honors in the Major Thesis, University of Central Florida, 2012. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/655.

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Real Estate law is the body of rules and regulations with legal codes that concern ownership, development and transactions. Real Estate has grown to be one of the main contributors to the nation's financial system. For decades, the housing market has been such an integral part of the economy. Unfortunately, in the beginning of the twenty-first century lax regulatory oversight led the nation to an economic collapse. Indeed, federal, state and local governments have become heavily involved in solving the downward spiral in the economy. This research focuses on the mortgage crisis in order to show how Real Estate law can in fact, restore the economy when the government has a balance between regulations and market discipline. The intent of this thesis was to study the occurrence of the mortgage crisis, the regulatory authorities and the legal effects of the housing market. Through the analysis of case law and statutes, data, previous recessions, and economic indicators, this thesis examines the key factors in our legal system that should drive reform in our economy. Results suggested that greater efforts to a regulatory structure generate a secure financial system. Thus, the purpose of this thesis is not only to solve our current mortgage crisis but also to mitigate or prevent future crises.
B.A. and B.S.
Bachelors
Health and Public Affairs
Legal Studies

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31

Onzivu, William. "Health in international environmental law : an analysis of the health objectives and impact of international environmental legal regimes in developing countries with a focus on Africa and the options for reform." Thesis, University of Stirling, 2014. http://hdl.handle.net/1893/21621.

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The protection of human health and the environment are two major goals of international environmental law. However, there has been little coherent scrutiny of their scope or implementation at international and domestic levels in developing countries and Africa in particular. This thesis shows that international environmental law regimes with a health protection objective have not maximized opportunities to reinforce the promotion and protection of public health in Africa. Through inter alia a study of sustainable management of shared freshwaters, trans-boundary movement of hazardous wastes and their disposal and international climate law, the thesis shows that a range of legal frameworks comprised of substantive, institutional and procedural law mandates States to advance the health objective in international environmental law. However, the thesis demonstrates the limits of these regimes and suggests options to enhance their potential in promoting and protecting public health. An enhanced framework of adaptive governance is proposed to improve environmental health governance. The thesis illustrates how the discourse on health in international environmental law can strengthen international environmental health governance to improve environmental and public health outcomes. It contains seven publications that analyse the strengths and weaknesses and options for reform of the international environmental law regime for health. The implications of these findings for theory, practice and public policy are discussed.

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32

Feng, Ruo Han. "Conflict and coordination between trademark retriction and public health :a study on the case of Australian tobacco plain packaging act." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3952292.

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33

Abbott, Simon Nicholas. "Using the law in social work Approved Mental Health Professional practice." Thesis, University of Sussex, 2018. http://sro.sussex.ac.uk/id/eprint/77773/.

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The research study focuses on how social work Approved Mental Health Professionals (AMHPs) use the law in practice. AMHPs in England and Wales have statutory powers under the Mental Health Act 1983 (MHA) to detain people in hospital for assessment and/or treatment. The stakes in this area of law and social work are high: practitioners deal with important issues concerning individual liberty that have profound implications in relation to the power of the state to intervene in the lives of citizens, where notions of autonomy, protection, coercion and care sit in tension. The study explores the relationship between law and social work practice by interpreting meanings contained in case stories told by social work AMHPs about recent Mental Health Act assessments that they undertook. Eleven social work AMHPs, purposively selected from three different local authorities in England, participated in the study, which used qualitative in-depth interviews to collect data about using the law in circumstances where compulsory admission to hospital was a possibility. The use of case stories encouraged participants to provide a rich description of events as they unfolded over time. The data were analysed using Framework analysis (Ritchie and Spencer 1994). Computer Assisted Qualitative Data Analysis in the form of NVIVO was utilized to manage the data, and to support data analysis. Five themes are presented in the findings chapter: understanding the referral situation; understanding the individual; understanding the situation causing concern; community versus containment, and relationships and resources. The study contributes to knowledge by illuminating how the use of law in practice is an inherently socio-relational undertaking, involving embodied practice. Bourdieu's (1977) concept of habitus is used to make sense of participants' accounts of the action that unfolds when they use the law. A further contribution is made to knowledge on legal literacy in social work, where there is little empirical research focusing on how social workers use the law, and still less on how mental health social workers use the law to consider compulsory powers under mental health legislation. The organisational factors impacting on how participants relate to the law are outlined and discussed drawing on legal consciousness theory (Ewick and Sibley 1998; Sibley 2005), together with an account of how participants adapt to this, drawing on street level bureaucracy (Lipsky 1990). The thesis explores the distinction in practice between medical and social perspectives occupied by AMHPs when they use the law in circumstances where compulsory admission to psychiatric hospital is a possibility. The study findings suggest that AMHPs' perspectives are holistic and social and can be understood as occupying a socio-medical-juridical perspective. The most important factor in the decision to use compulsory powers in mental health law to detain a person involves the AMHP taking a wide perspective in terms of their understanding of the individual that is relational to the understanding of others, and understanding the person in their environment in relation to how they relate to others. The thesis outlines that the social and family situation of the person assessed, combined with views of others, and particularly the impact of risk on others, is the most influential factor in the decision to detain. This leads to the further argument that notwithstanding a holistic and social perspective, this does not necessarily lead to less coercive interventions. Medical and social perspectives thus often lead to the same conclusions in relation to decisions to use the law to detain.

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34

Wright, Scott A. "Transnational organized crime : a review of offense types and law enforcement response." Honors in the Major Thesis, University of Central Florida, 2009. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1340.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.
Bachelors
Health and Public Affairs
Criminal Justice

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35

Glinton, Jr Vaughn. "Southern Honor: An Analysis of Stand Your Ground Law in Southern Jurisdictions." Honors in the Major Thesis, University of Central Florida, 2013. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1542.

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In 2005, Florida became the first state to pass the heavily National Rifle Association, NRA, supported “Stand Your Ground” law. The most notable components of the law were abolishing the duty to retreat for someone who is not engaged in lawful activity and is in a place where he has the right to be, granting civil and criminal immunity to those using lawful force, and presuming that a person who is attacked in his dwelling, residence, and occupied vehicle has a reasonable fear of death or great bodily harm. The law was subject to a substantial amount of criticism because it was a significant departure from Florida’s more than a century old common law principles regarding self-defense. Possibly due to Florida not having any precedents for these cases, Florida courts would have conflicting decisions in these matters and law enforcement agencies would enforce the law differently in similar incidents. Regardless of the issues faced by Florida, over twenty states would adopt their own versions. A significant number of these states are in the Southeastern region of the United States and are neighbors to Florida or border Florida’s neighbors, such as Mississippi, Alabama, Georgia, North Carolina, South Carolina, Tennessee, and Louisiana. Because of this interesting pattern, the study examines the idea of southern culture playing a role in the passage of “Stand Your Ground” via the “Culture of Honor” theory and the researcher decided to use these jurisdictions and Florida as this study’s sample. The researcher also wanted to include these jurisdictions because the existing “Stand Your Ground” literature mainly focuses on Florida and the researcher wanted to add something new to the discussion. The intent of this study to examine Florida’s influence on the other jurisdictions, note any commonalties between the statutes of the jurisdictions, compare justifiable homicide statistics for the jurisdictions that provided such data, predict the future of these laws, and explore the “Culture of Honor” Theory as a possible explanation for “Stand Your Ground” laws in the states discussed. The study accomplished these goals by examining how each jurisdiction handled self-defense before “Stand Your Ground,” looking at the motives behind the jurisdictions adopting “Stand Your Ground,” comparing justifiable homicides in the four jurisdictions that provided them in the years immediate preceding the passage of “Stand Your Ground” to the subsequent years, and looking at amendments and proposals that were presented after the passage of “Stand Your Ground.” The results uncovered that all the jurisdictions, except for Georgia and Tennessee, show a very strong Florida influence based on their similarities to Florida’s law and legislators in the jurisdictions clearly mentioning Florida as their inspiration for proposing their own versions. In the jurisdictions that provided justifiable homicides, all showed an increase in the number of justifiable homicides after the passage of “Stand Your Ground.” The jurisdictions in this study have also shown a strong resistance to any amendments or the complete repeal of this law. Therefore, any drastic amendment or the complete repeal seems unlikely in the future. The “Culture of Honor” Theory does explain why a few of the jurisdictions in the study adopted “Stand Your Ground” but Florida and the NRA’s influence explain why others chose this course of action.
B.S.
Bachelors
Health and Public Affairs
Legal Studies

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36

Egan, Brenna M. "The battered man : an evaluation of equal justice under the law." Honors in the Major Thesis, University of Central Florida, 2010. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1401.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.
Bachelors
Health and Public Affairs
Legal Studies

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37

Koebke, Nicole C. "PHYSICAL ACTIVITY, SLEEP PATTERNS, AND HEALTH OUTCOMES IN UNIVERSITY LAW ENFORCEMENT OFFICERS." UKnowledge, 2012. http://uknowledge.uky.edu/khp_etds/6.

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Research indicates that law enforcement officers (LEOs) have a higher prevalence of developing coronary artery disease (CAD) compared to the general population. Sleep deprivation and physical inactivity have been found to be related to many risk factors for CAD. This cross-sectional study examined the health status and the relationship between sleep and physical activity outcomes versus CAD risk factors among 27 University LEOs. The subjects’ health behaviors, and CAD and metabolic syndrome risk factors were described using basic statistics. Accelerometer derived sleep and physical activity outcomes were correlated to measures of health to identify potential relationships. 33% of LEOs were classified as moderate risk for CAD; 92% had dyslipidemia, 58% had elevated triglycerides, 23% had prediabetes, and 22% suffered from obesity. The administrators and first shift LEOs slept more compared to second or third shift LEOs. The LEOs were more sedentary while on-duty. In addition, sedentary time was correlated to systolic blood pressure. LEOs accumulated 24.4 min·d-1 of moderate-to-vigorous physical activity (MVPA), but only spent 9.3 min·d-1 in continuous bouts of MVPA. In conclusion, multiple CAD risk factors were present in these LEOs and achieving adequate amounts of physical activity and sleep may decrease their risk of developing chronic diseases.

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38

Dhillon, Balinder Singh. "The State's role in occupational health and safety administration /." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=56897.

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In the following thesis the administrative strategies in occupational health and safety regulation form the primary focus of discussion.
The initial approach for ensuring acceptable work conditions had been through direct state intervention and the use of coercive power. In view of the limitations of this approach, over time, state regulation was replaced by the "self-regulation" or "internal-responsibility system" under which participants at the workplace were given an enhanced say in the regulatory process. Recent trends have continued to favour this shift towards deregulation of the state's administrative structures.
The self-regulation strategy, however, also has limited applicability and can only prove effective if applied in combination with the state's enforcement strategies. The two approaches need to be viewed as being complimentary to one another and not mutually exclusive. This being the case the state's role in the regulatory process would require re-examination and alteration to ensure an effective and efficient regulatory structure.

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39

Kessinger, Jonathan A. "Bartnicki V. Vopper : a first amendment "clean hands" exception to electronic interception law." Honors in the Major Thesis, University of Central Florida, 2001. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/230.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.
Bachelors
Health and Public Affairs
Legal Studies

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40

鈴木, 將文, and Masabumi SUZUKI. "Domestic Measures for Public Health Policy and International IP/Trade Law : The Case of the Australian Plain Packaging Act." 名古屋大学大学院法学研究科, 2012. http://hdl.handle.net/2237/17433.

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41

Muirhead, Paul. "Legal and ethical considerations of alternative health care delivery systems in Canada." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21695.

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The focus of health care reform is to contribute to better patient health and maintain an equitable access to the system while at the same time achieving a more effective and efficient use of increasingly scarce health care dollars. Due to budgetary and other restraints provincial governments are either spending less on health care or are looking to change the delivery and management of the health industry.
How the Canadian health care system responds to the challenges depends upon the interpretation of a number of factors. Three basic factors which are linked to any health care delivery system are financing, delivery and allocation of resources with the altering of one of these components affecting the others.
Has there developed a right to health care and if so, would this foreclose a curtailment of health care services? If there is no right to health care, can the courts or the Charter of Rights and Freedoms be used to protect the existing system? Is it possible for public interest groups, or others, to utilize judicial intervention to force a government, either at the provincial or federal level, to spend more on health care or change their health care policy? What if a patient is affected by decision affecting health care delivery, does this bring in civil liability?
This thesis will review these areas in an effort to understand, articulate and ascribe values to Canada's health care system and provide a legal and ethical analysis of alternative health care delivery systems.

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42

Lyons, Patricia. "An Exploration of a State Mandated Health Education Program." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/2004.

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Shaken baby syndrome (SBS) is one of the most violent forms of physical child abuse. In 2007, the State of Ohio enacted a health education mandate known as Claire's law. Claire's law requires all birthing hospitals to provide SBS education to mothers prior to their discharge. This law is the result of public demand and advocacy initiatives; however, it was not clear how the mandate was developed or whether or not the mandate and subsequent educational programs have had an impact on efforts to prevent SBS. The purpose of this qualitative case study was to explore the state of Ohio's processes involved in creating legislation to mandate SBS education. Data were collected through document reviews and interviews with SBS workgroup members (n = 5). The precede-proceed program planning model provided the conceptual framework to examine the participatory process involved in the development of the mandate from its beginning. The findings of the study showed that SBS workgroup members believed mandated education would affect SBS incidence and would ensure that mothers receive SBS education in Ohio hospitals during their birth experience. The findings also demonstrated a lack of a formal program planning methodology and no public inclusion in the development of the mandate or its required health education component. The state of Ohio has an additional means to ensure widespread education on SBS through the creation of this mandate. Statutory requirements provide opportunities for health professionals to educate the public on the effects of shaking a baby, resulting in a key implication for social change. Legislation focused on health education should be multifaceted and include varying layers of intervention.

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Ally, Sherry L. "Towards the definition of concepts in international health intervention: Participation, efficiency, equity, sustainability and scaling up." Thesis, University of Ottawa (Canada), 2008. http://hdl.handle.net/10393/27794.

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This thesis explores definition of five concepts central to international health intervention, participation, efficiency, equity, scaling up and sustainability, within the case study of the Tanzanian Essential Health Interventions Project (TEHIP). Developed in response to the 1993 World Development Report and implemented in Tanzania during the era of health sector reform under structural adjustment, TEHIP offers an especially pertinent case within which to explore the language and health practices resulting from this particular history and ideology. Using key informant interviews and literature review, conceptual and applied definitions of the concepts were analyzed. A theoretical framework of health equity as social justice, offered by Amartya Sen, Fabienne Peter, and Thomas Pogge, was employed to examine assumptions and biases inherent in these concepts and their application. Despite significant health gains achieved by TEHIP, this theoretical analysis raises important questions and concerns about the rationale, design and implementation of the project. Keywords. Participation, efficiency, equity, sustainability, scaling up, health intervention, health system reform, Tanzania.

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Colquitt, James. "A New Crash Test: The Rise and Fall of Florida Motor Vehicle No-Fault Law." Honors in the Major Thesis, University of Central Florida, 2014. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1581.

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Florida is one of 12 states that have a no-fault law. The first party benefit coverage is known as personal injury protection (PIP). Every policy sold in the state must include at least $10,000 in personal injury protection. This law went into effect in 1971 and is now being challenged. Changes in consumer, lawyer, and doctor behavior as well as changes in the legal and economic environment have diminished the positive impact of the no-fault law. This thesis will focus on the diminished effectiveness of the no-fault law in Florida. It will be based on research from primary sources. Other legal resources including law review articles and journal publications were consulted for persuasive scholarly views. Published work from insurance institutes and journals were included since they guide practitioners on the application of the law. Insurers, insureds and policymakers face serious challenges regarding Florida Motor Vehicle No-Fault Law. The purpose of this thesis is (1) to review the legislative history of Florida Motor Vehicle No-Fault Law, (2) to assess how well the current system is working (3) examine solutions to compensation from other states and provide relevant data and (4) make recommendations for future legislation. This thesis will recommend proposed changes with guidelines for future legislation to effect the changes necessary to balance the needs of the insurance companies, plaintiffs and defendants.
B.S.
Bachelors
Legal Studies
Health and Public Affairs

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45

Mohamed, Marwa Awad. "“YOU DO IT WITHOUT THEIR KNOWLEDGE”: IS NONCONSENSUAL COMDOM REMOVAL THE NEW PUBLIC HEALTH EMERGENCY?" CSUSB ScholarWorks, 2019. https://scholarworks.lib.csusb.edu/etd/897.

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Background: Sexual consent is often defined as the voluntary agreement to participate in a sexual act, though the differing definitions across and within countries make legal consensus difficult. In recent years, due to popularization through social media, nonconsensual condom removal, termed stealthing, is becoming common, especially among young adults. Yet, little to no empirical evidence exists on this sexual behavior. Methods: In this exploratory sequential mixed methods approach, we aimed to address the current perception of stealthing among young adults. College students were recruited from general education courses at a medium-sized four- year public university. Focus groups were conducted to understand the current perception of stealthing, including knowledge, perceived influence, and outcome, followed by quantitative assessment of knowledge, attitude, and self-efficacy of sexual consent. Results: Results demonstrated central theme of health-decision making with associated themes of consent, which further included subthemes of privacy, trust, and violation, followed by consideration of stealthing as sexual assault and social norm and acceptance of stealthing. Quantitative assessment showed that knowledge and awareness of stealthing remains low, though sex differences exist on the perception of stealthing being considered sexual assault; with higher rates among males as compared to females. Conclusion: The act of stealthing has been popularized in social media. Our results demonstrate that there is a need for health educators to assess the prevalence of such a behavior among young adults and policy makers to assess the legal implications of nonconsensual condom removal.

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Poget, Gaël. "Legal aspects of facilitation in civil aviation : health issues." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81228.

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As you probably know, to board the B777-300ERi in Geneva for Anchorage via London, is not just that simple. With your ticket you bought several days before, you come to the airport, check in, pay airport's fees, go through the customs and security checks, walk in the terminal following signs, maybe you stop in the duty free shops, and finally find your gate. By this time, you are ready to board, about one hour after you enter the airport.
We will be essentially interested in air law that is why, the purpose of this master's thesis is to consider the legal aspect of facilitation in civil aviation. The term facilitation refers to the process that passengers, crew, luggage, cargo and mail have to go through when they cross borders to fly from a point A to a point B.
Recently, an aspect of facilitation took an outstanding importance: health issues. At the end of last year, the Severe Acute Respiratory Syndrome (SARS) outbreak was a real threat to international civil aviation because passengers (and crews) could have been exposed to an infected person inside the terminal or on board the plane, also, aircrafts were considered a fast vector of this disease through the world. The economic consequences for airlines and airports were very painful.
iBoeing 777-300 Extended Range.

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Lawana, Andiswa. "South African patent law : developing a balance between the rights of the patients and promoting innovation within the pharmaceutical industry." University of the Western Cape, 2015. http://hdl.handle.net/11394/4749.

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Magister Pharmaceuticae - MPharm
Background: In South Africa many patented medicines are either unavailable or carry prices that most patients cannot afford. The effects of the patents systems on patient access could greatly depending on how the burden of a disease is distributed across least-developed, developing and developed countries. Method: The study based on a qualitative research method. The sample was based on a non-probability approach. The study used both primary and secondary data collection. The secondary data was critically evaluated and collected from scientific articles, company reports and internet sources, in order to obtain some better insight into the patent situation of pharmaceuticals. Interviews were conducted and analysed by selective ad open coding. Results: The South African patent system needs an examination process to evaluate patent applications. The Patent Act of 1978 meets the minimum TRIPS requirements. The South African market is unique and a small market for innovator companies therefore does not influence innovation by these companies. Conclusion: The study concluded that the key sections of the Patent Act that need further evaluation and aligning more with TRIPS flexibilities are: Compulsory License, “Evergreening”. Data Protection and Establishing an examination system. The study also concluded that the current South African Patent Act sufficiently promotes innovation within the pharmaceutical industry.

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Funn, Nashira. "Law Enforcement Officer Knowledge of Mental Illness." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/4057.

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Media and activist groups have recently exposed the problem of negative interactions between law enforcement officers and civilians. Many of these civilians have a mental illness. Various researchers attribute these negative interactions to insufficient officer knowledge of mental illness due to a lack of training, education, and personal experiences. Very little research addresses how insufficient knowledge of mental illness may influence interactions. The purpose of this phenomenological study was to explore and analyze self reported law enforcement knowledge using Malcolm Knowles' conceptualization of adult learning theory and andragogy as the theoretical framework. This framework bases self-directed learning/training on a needs assessment of the individual's knowledge. The main research question was: 'What factors related to officer knowledge of mental illness impact interactions between law enforcement and people with mental illness?' Data were collected through recorded and then transcribed in-depth interviews with 8 law enforcement officers with experience interacting with mentally ill people. Using aspects of modified Van Kaam method of data analysis, word recognition computer programing identified repetitive words and phrases from the data. This resulted in significant common themes, namely: the need for more effective formal training on mental illness and the influence of personal lived experiences in the interaction with people with mental illness. The implications for social change are positive for officers and people with mental illness, as this study will inform the development of more effective officer training models about mental health, which will reduce the number of negative interactions.

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Vinci, Karen K. "All state adoption laws should be mandated at the federal level." Honors in the Major Thesis, University of Central Florida, 2003. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/333.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.
Bachelors
Health and Public Affairs
Legal Studies

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50

Loff, Beatrice. "Health and human rights : case studies in the potential contribution of a human rights framework to the analysis of health questions." Monash University, Dept. of Epidemiology and Preventive Medicine, 2004. http://arrow.monash.edu.au/hdl/1959.1/5291.

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Dissertations / Theses on the topic 'Public health law'

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