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1
US GOVERNMENT. An Act to Direct the Administrator of the Federal Aviation Administration to Reevaluate the Equipment in Medical Kits Carried on, and to Make a Decision Regarding Requiring Automatic External Defibrillators to Be Carried on, Aircraft Operated by Air Carriers, and for Other Purposes. [Washington, D.C.?: U.S. G.P.O., 1998.
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2
Protecting certain lands held in fee by the Pechanga Band of Luiseno Mission Indians from condemnation until a final decision is made by the Secretary of the Interior regarding a pending fee to trust application for that land, and for other purposes: Report (to accompany H.R. 3476) (including cost estimate of the Congressional Budget Office). [Washington, D.C: U.S. G.P.O., 2002.
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3
United States. Congress. House. Committee on Resources. Protecting certain lands held in fee by the Pechanga Band of Luiseno Mission Indians from condemnation until a final decision is made by the Secretary of the Interior regarding a pending fee to trust application for that land, and for other purposes: Report (to accompany H.R. 3476) (including cost estimate of the Congressional Budget Office). [Washington, D.C: U.S. G.P.O., 2002.
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4
United States. Congress. Senate. A bill to amend title II of the Social Security Act to require that investment decisions regarding the social security trust funds be made on the basis of the best interests of beneficiaries, and for other purposes. Washington, D.C: U.S. G.P.O., 1999.
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5
United States. Congress. Senate. A bill to amend titles XVIII and XIX of the Social Security Act to expand and clarify the requirements regarding advance directives in order to ensure that an indivdual's health care decisions are complied with, and for other purposes. Washington, D.C: U.S. G.P.O., 1999.
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6
United States. Congress. House. A bill to amend titles XVIII and XIX of the Social Security Act to expand and clarify the requirements regarding advance directives in order to ensure that an indivdual's health care decisions are complied with, and for other purposes. [Washington, D.C.?]: [United States Government Printing Office], 1997.
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7
Kimchi, Eitan. Capacity and Decision-Making. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199959549.003.0009.
Повний текст джерелаАнотація:
Cognitive loss brings up crucial questions of autonomy and capacity to make one’s decisions. Capacity refers to an assessment of whether a person can make a particular medical, legal, or financial decision, and is commonly assessed in medical settings. Competency, on the other hand, is a global assessment of decision-making abilities and is a legal, not medical, assessment. Most persons with mild cognitive impairment (MCI) retain capacity to make decisions. As their cognitive deficits progress, this capacity may be lost, impacting their global competency. This chapter reviews the process of assessing capacity in older persons in outpatient settings. It incorporates information from chapters 1-3 regarding the routine office evaluation of cognitive impairment and adds assessments targeting capacity.
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Bonnie, Richard J. Fitness for Criminal Adjudication. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198788478.003.0009.
Повний текст джерелаАнотація:
This chapter addresses the emerging significance of decisional competence in the United States. The practice of assessing and adjudicating fitness to plead developed largely without assistance from the United States Supreme Court or other appellate courts for most of the nineteenth and twentieth centuries. However, the need for appellate guidance became evident in the 1980s, especially regarding the significance of mental or emotional conditions that can impair capacity for rational decision making without impairing the defendant’s capacity to understand the proceedings and communicate coherently with counsel. During the past twenty-five years, some governing principles have come into view, but important issues remain unsolved. The chapter then evaluates the current state of the law in the United States, focusing on two recent decisions by the United States Supreme Court, and offers some suggestions for future development.
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Shah, Monica, and David Waisel. Ethics in Pediatric Anesthesiology. Edited by Kirk Lalwani, Ira Todd Cohen, Ellen Y. Choi, and Vidya T. Raman. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780190685157.003.0066.
Повний текст джерелаАнотація:
Ethical principles affect daily decision-making in pediatric anesthesiology. These medical decisions are interlaced with the ethical components of informed consent and obligations to the child and family. Informed consent in pediatrics includes the concepts of best interest, in which the parents or other surrogate decision-makers choose acceptable treatment for the child, and assent, which enables children to participate in decision-making to the best of their ability. Of equal significance to informed consent, the process of informed refusal requires anesthesiologists to more fully inform children and their guardians about risks and benefits while respecting refusal of assent and avoiding coercion. Pediatric considerations regarding end-of-life therapy are slightly different than adult considerations. To help resolve these ethical dilemmas, ethics committees are available for consultations to assist the medical team, family members, and patients in order to make the best decision for the child.
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Stanger, Howard R. A Moderate Employers’ Association in a “House Divided”. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252040818.003.0008.
Повний текст джерелаАнотація:
Howard Stanger brings a broad temporal perspective to Columbus employers in the printing industry and their varied strategies regarding activism. Here he makes the case for how employer activism did not always lead to an ability to counter unionism. Columbus printers made a collective decision to recognize unions for the first part of the twentieth century, and then later made a collective decision to initiate a campaign to counter unions. This counter-campaign benefitted from the long praxis of anti-unionism in other parts of the country, facilitated a vigorous belligerent drive against them based on strategies learned elsewhere, and in other industries.
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Wall, Jesse. Being Yourself. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198801900.003.0013.
Повний текст джерелаАнотація:
This chapter discusses authentic decision-making as it relates to depression based on three parallel concepts found in philosophy, psychology, and the law. Since major depression is characterized (amongst other things) by ‘symptoms of sadness and diminished interest or pleasure’, ‘feelings of worthlessness/excessive/inappropriate guilt’ and a ‘cognitive triad of pessimism regarding the self, the world and the future’, the chapter explores whether an individual who has these symptoms can act on a judgment, thought, or belief in a way that lacks authenticity. It first explains, in philosophical terms, why autonomous decision-making presupposes a ‘personal identity’, before outlining a series of clinical observations suggesting that competence to make a decision requires an ‘appreciative ability’. It also considers whether the legal test for the capacity to make a decision has a component that is equivalent to ‘personal identity’ or an ‘appreciative ability’.
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Russell, James A., and Zachary Simmons. Hastened death: Physician-assisted suicide and euthanasia in ALS. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780198757726.003.0014.
Повний текст джерелаАнотація:
Amyotrophic lateral sclerosis (ALS), more than any other disease, promotes patient interest in hastened death. From an ethical perspective, end-of-life decision making should pivot on patient-centric considerations. However, medical decisions made by patients and their physicians are embedded in societal mores and the law. Opinions regarding the morality of physician participation in hastened-death and its incorporation into public policy remain sharply divided. This chapter attempts to provide a contemporary and measured review of the differing perspectives and the current status of physician participation in hastened-death. The focus will be on issues particularly relevant to ALS patients and those of us who care for them. Our primary goal is to provide for ALS clinicians a foundation upon which their individual consciences may determine whether their lawful participation in hastened-death can ever be considered an ethically permissible action or a socially acceptable policy.
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Joongi, Kim. 10 Setting Aside an Arbitral Award. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755432.003.0010.
Повний текст джерелаАнотація:
This chapter considers the grounds for setting aside an arbitral award. It looks at cases where set-asides have occurred—due to invalid agreements, an excess of jurisdiction, the formation of a tribunal, and public policy arguments. The Arbitration Act’s provisions concerning set-aside closely follow the Model Law and New York Convention. The chapter, however, also discusses other pre-Model Law grounds for a set-aside, such as when ‘a decision has been omitted regarding an important matter that would affect the judgment’. Moreover, the chapter explores the effects of a set-aside, before closing with some arguments raised by leading arbitration scholars.
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Gaventa, William, and Mary Lynn Dell. Spirituality, Ethics, and People with Intellectual Disabilities. Edited by John R. Peteet, Mary Lynn Dell, and Wai Lun Alan Fung. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780190681968.003.0016.
Повний текст джерелаАнотація:
This chapter addresses the spirituality of people with intellectual disabilities with particular focus on those factors that are often critical to understanding their situations and perspectives when ethical topics or dilemmas arise in their mental health care. Basic information on disability and spirituality is provided. Principlism and ethics of care are discussed because these ethical theories are especially suited to enlighten ethical thinking and decision making regarding those with disabilities. Common ways in which spirituality plays out in the lives of people with disabilities are considered. Throughout the chapter, the importance of family and other caregivers is highlighted. Suggestions for mental health providers are offered, and references for additional reading and study are provided.
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Watson, Max, Caroline Lucas, Andrew Hoy, and Jo Wells. Renal failure. Oxford University Press, 2010. http://dx.doi.org/10.1093/med/9780199234356.003.0030.
Повний текст джерелаАнотація:
This chapter on renal failure covers decisions regarding dialysis, symptom control, causes of pain, analgesic usage in renal failure, and other symptoms in renal failure. The chapter also includes a formulary.
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Müller, Wolfgang C., ed. Austria. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198747031.003.0005.
Повний текст джерелаАнотація:
This chapter discusses nuclear energy policy in Austria since the 1950s. It stresses that political parties were the main actors and decision-making on energy policy was strongly influenced by them. Building on the work of Strøm (1990) and Müller and Strøm (1999) it is argued that several position changes regarding nuclear energy were made by Austrian parties in response to public opinion, trading policy against votes or office. The Austrian case resembled other Western European countries until the 1970s, when a nuclear power plant was built but never made operational because of a negative referendum. After a decade of struggling with attempts at policy reversal, an anti-nuclear consensus was reached after Chernobyl. Soon parties did engage in a new form of competition on the nuclear issue—over their competence in fighting nuclear energy in other countries, in particular, plants close to the Austrian border.
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Knoll and, Benjamin R., and Cammie Jo Bolin. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190882365.003.0009.
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The final chapter reviews the evidence that is presented throughout the book and discusses its implications for current conversations regarding female ordination in American congregations as well as wider societal forces at play. It also assesses the evidence in light of previous research on female ordination—finding, for example, empirical support for the idea that politics can drive religious behavior, and empirical disconfirmation of the notion that having female clergy will reduce religious attendance and involvement. In fact, levels of attendance and other religious behaviors are slightly higher in congregations that ordain women and moderately higher for younger women in congregations with a female pastor or priest. The chapter concludes by offering some thoughts on the issue of women’s ordination to religious congregational leaders and decision-makers who control access to leadership positions.
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Keram, Emily A. Hunger strikes. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780199360574.003.0064.
Повний текст джерелаАнотація:
The management of hunger strikes in correctional settings presents the psychiatrist with unique clinical and ethical challenges. The potential for such complex tensions between medical decision-making and medical ethics rarely exists in other practice settings. A physician’s primary consideration involves the health of their patient and respect for human life. The correctional psychiatrist treating or evaluating a hunger striker may be involved in medical decisions that lead to opposite extremes, from death by starvation to forced-feeding. Concepts such as respect for human life, respect for patient autonomy, beneficence, and non-maleficence present new and difficult considerations in the context of a correctional hunger strike. The psychiatric evaluation and treatment of hunger strikers within the management protocols of the institution is discussed. The lack of international consensus in this area is reviewed. Participating in the management of a hunger-striking prisoner can pose clinical and ethical dilemmas for the correctional psychiatrist. The psychiatrist should have a clear understanding of the international guidelines for physicians on the ethical management of hunger strikes and their institution’s policies and procedures regarding hunger strikes and force-feeding. Consultation with experts in the field may be of assistance in balancing potentially conflicting roles and responsibilities. This chapter provides correctional psychiatrists with the historical, clinical, legal, and ethical background for working with hunger strikers.
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Hofmann, Christian, and Laurence van Lent. Organizational Design and Control Choices. Edited by Michael A. Hitt, Susan E. Jackson, Salvador Carmona, Leonard Bierman, Christina E. Shalley, and Douglas Michael Wright. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780190650230.013.10.
Повний текст джерелаАнотація:
Building on new insights from organizational economics, management accounting researchers have highlighted how incentive contracts and performance measure choices complement structural arrangements in firms. We discuss how “slow-moving” elements in organizational design, such as the allocation of decision rights to local managers and interdependencies between different parts of the production function, affect the working of incentives and performance measures. We pay attention to the empirical challenges that researchers face in this area and argues that mixed-method approaches in which economic models are combined with empirical evidence can help to build a body of evidence that is robust and admits cross-study accumulation of knowledge. Finally, we illustrate how recent economic models that incorporate other-regarding preferences can help to bridge the gap between economics-based research in management accounting and more traditional approaches that rely on the behavioral sciences.
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Miller, Nicholas R. Social Choice Theory and Legislative Institutions. Oxford University Press, 2016. http://dx.doi.org/10.1093/acrefore/9780190228637.013.1.
Повний текст джерелаАнотація:
This is an advance summary of a forthcoming article in the Oxford Research Encyclopedia of Politics. Please check back later for the full article.Narrowly understood, social choice theory is a specialized branch of applied logic and mathematics that analyzes abstract objects called preference aggregation functions, social welfare functions, and social choice functions. But more broadly, social choice theory identifies, analyzes, and evaluates rules that may be used to make collective decisions. So understood, social choice is a subfield of the social sciences that examines what may be called “voting rules” of various sorts. While social choice theory typically assumes a finite set of alternatives over which voter preferences are unrestricted, the spatial model of social choice assumes that policy alternatives can be represented by points in a space of one or more dimensions, and that voters have preferences that are plausibly shaped by this spatial structure.Social choice theory has considerable relevance for the study of legislative (as well as electoral) institutions. The concepts and tools of social choice theory make possible formal descriptions of legislative institutions such as bicameralism, parliamentary voting procedures, effects of decision rules (e.g., supramajority vs. simple majority rule and executive veto rules), sincere vs. strategic voting by legislators, agenda control, and other parliamentary maneuvers. Spatial models of social choice further enrich this analysis and raise additional questions regarding policy stability and change. Spatial models are used increasingly to guide empirical research on legislative institutions and processes.
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Kamundia, Elizabeth. Kenya. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0010.
Повний текст джерелаАнотація:
This chapter describes the use of the Convention on the Rights of Persons with Disabilities (CRPD) by Kenyan courts. The chapter analyses fourteen cases in which Kenyan courts have made reference to the CRPD and finds that there is a steady increase in the usage of CRPD provisions by Kenyan courts, particularly since the coming into force of the Constitution of Kenya in 2010 which transformed Kenya into a monist state. The most widespread use of the CRPD is to support a decision that would have been reached anyway, based on other sources; however, in a few cases, the CRPD has significantly impacted on court judgments. The vast majority of references to the CRPD in court cases were references to specific CRPD articles including Articles 2, 4, 5, 12, 26, 27, 28 and 29. Kenyan courts are not currently engaging in a transnational dialogue regarding the CRPD.
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Gamberini, Andrea. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198824312.003.0001.
Повний текст джерелаАнотація:
The introduction gives a critical rereading of the historiographical debate regarding the processes of state building at the end of the Middle Ages, highlighting its limitations in the lack of interest shown in the ideal reasons for the political conflict. This then gives rise to the interpretative proposal that forms the basis of the present work, which aims to shed light on the many conflicts that, in relation to legitimacy of power, tore medieval society apart. With this in mind, the introduction focuses on an analysis of the sources that are potentially useful for the study of these particular aspects, on the risks underlying their use, and on the expected results. The last part discusses the structure of the work and justifies the decision to divide it into two, clearly divided parts, dedicated to the communal age on the one hand and the post-communal era on the other.
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Schouten, Ronald, and Philip J. Candilis. Civil Commitment. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199387106.003.0002.
Повний текст джерелаАнотація:
More than any other clinical intervention, civil commitment is subject to strict legal requirements and oversight. Although the rules and processes vary by jurisdiction, the legal proceedings in all jurisdictions are designed to balance the autonomy interests and constitutional rights of the patient against the state’s legitimate exercise of authority. This chapter reviews the legal principles underlying civil commitment and describes how those principles are applied in different ways, using examples from various jurisdictions. Using a case vignette, it explores a common scenario in which an emergency room physician who must make a decision regarding a patient’s need for hospitalization obtains a psychiatric consultation, and it follows the civil commitment process as it would play out in one jurisdiction. By its nature, civil commitment is both a clinical intervention and a legal process, and the chapter addresses some of the clinical challenges encountered in the course of involuntary hospitalization.
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Elizabeth Whitlark, Rachel. All Options on the Table. Cornell University Press, 2021. http://dx.doi.org/10.7591/cornell/9781501760341.001.0001.
Повний текст джерелаАнотація:
When is preventive war chosen to counter nuclear proliferation? This book looks beyond systemic and slow-moving factors such as the distribution of power. Instead, it highlights individual leaders' beliefs to explain when preventive military force is the preferred strategy. Executive perspective—not institutional structure—is paramount. The book makes its argument through archivally based comparative case studies. It focuses on executive decision making regarding nuclear programs in China, North Korea, Iraq, Pakistan, and Syria. The book considers the actions of US presidents John F. Kennedy, Lyndon B. Johnson, George H. W. Bush, Bill Clinton, and George W. Bush, as well as Israeli prime ministers Menachem Begin, Yitzhak Rabin, and Ehud Olmert. It demonstrates that leaders have different beliefs about the consequences of nuclear proliferation in the international system and their state's ability to deter other states' nuclear activity. These divergent beliefs lead to variation in leaders' preferences regarding the use of preventive military force as a counter-proliferation strategy. The historical evidence amassed in the book bears on strategic assessments of aspiring nuclear powers such as Iran and North Korea. The book argues that only those leaders who believe that nuclear proliferation is destabilizing for the international system will consider preventive force to counter such challenges. In a complex nuclear world, this insight helps explain why the use of force as a counter-proliferation strategy has been an extremely rare historical event.
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Calnan, Richard. Proprietary Rights and Insolvency. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198759386.001.0001.
Повний текст джерелаАнотація:
This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Wales as well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency. It evaluates the key decision of the Supreme Court in FHR European Ventures v Cedar Capital Partners. Although this has settled the question of whether constructive trusts extend to bribes, it has raised more general issues regarding the approach of the courts to the imposition of proprietary remedies, which the book explores. It also covers recent Privy Council and Court of Appeal decisions concerning constructive notice (Credit Agricole v Papadimitrou, Central Bank of Ecuador v Conticorp, and SFO v Lexi), as well as interesting issues concerning the new status of intangibles (Armstrong v Winnington) and the status of the anti-deprivation rule (Belmont Park v BNY). Proprietary Rights and Insolvency is a lucid and practical reference source on insolvency and property law.
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Pozzulo, Joanna, Emily Pica, and Chelsea Sheahan. Familiarity and Conviction in the Criminal Justice System. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190874810.001.0001.
Повний текст джерелаАнотація:
Eyewitnesses are likely to have some degree of familiarity with a perpetrator when a crime is committed. Despite the fact that the majority of crimes are committed by someone with whom the victim/witness is familiar, the majority of eyewitness research has focused on the identification of stranger perpetrators. It is critical to examine how familiarity may influence eyewitness accuracy. Familiarity can vary from a complete stranger to a very familiar other. This book explores the “middle ground” as it relates to the criminal justice system, namely describing perpetrators, eyewitness identification, and jury decision-making. The purpose of this book is to consolidate the literature that exists regarding familiarity and to apply this research to an eyewitness context. This book attempts to better understand how familiarity may impact eyewitnesses and to highlight key considerations when an eyewitness is familiar with a perpetrator while collecting eyewitness evidence and using it in a courtroom. This is achieved through an in-depth discussion of the definition of familiarity, the examination of critical social psychological and cognitive theory in relation to familiarity, a description of the current literature examining eyewitness familiarity, a discussion of familiarity evidence in the courtroom, and a proposal for future directions and research.
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Buchanan, Allen. Reciprocal Institutional Legitimation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190878436.003.0005.
Повний текст джерелаАнотація:
This chapter develops the idea, advanced in the preceding chapter, that the legitimacy of institutions is ecological—that whether one institution is legitimate can depend upon its connections to other institutions. It shows how a state’s participation in the right sort of multilateral institution can enhance its legitimacy and improve the moral quality of its decisions regarding war-making, and how the legitimacy of multilateral institutions can be enhanced if the right sort of states participate in them. An important implication is that whether an institution is legitimate may not be determined solely by how it treats or relates to those under its jurisdiction, but rather on how it relates to other institutions.
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Broberg, Morten, and Niels Fenger. Broberg and Fenger on Preliminary References to the European Court of Justice. 3rd ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198843580.001.0001.
Повний текст джерелаАнотація:
This fully updated and revised 3rd edition of Preliminary References to the European Court of Justice provides a meticulous and yet easily accessible examination of all aspects of the preliminary reference procedure. A reference for a preliminary ruling is a request from a national court of an EU Member State to the European Court of Justice to give an authoritative interpretation on an EU act or a decision on the validity of such an act. Preliminary rulings have played a pivotal role in the development of the European Union. The European Union’s preliminary reference procedure has been copied by several other international organisations – including not least the European Economic Area (EEA) and the EFTA Court. Since the second edition, the European Court of Justice has rendered a considerable number of rulings which have led to important changes to the book. This is particularly reflected in the treatment of the Court’s acte clair doctrine, of preliminary references from administrative appeal boards and arbitration tribunals and of preliminary references regarding international agreements. And it is reflected in the interaction between the preliminary reference procedure and the European Convention on Human Rights as well as in a more general revision of the text bringing it up to date by taking into account new case law and new legal writings. With backgrounds as both practitioners and academics the two authors have produced a book that caters for the needs of both practitioners and academics.
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Schreiber, Karen, Eliza Chakravarty, and Monika Østensen, eds. Practical management of the pregnant patient with rheumatic disease. Oxford University Press, 2021. http://dx.doi.org/10.1093/med/9780198845096.001.0001.
Повний текст джерелаАнотація:
Specialists from different medical specialties need to gain familiarity with reproductive health issues in women with chronic rheumatic diseases of childbearing age. Health care providers must have easy access to summary recommendations for management of pregnancy, antenatal care, and care in the postpartum period. This book is intended as a quick-access guide of the most up-to-date understanding of the interplay between pregnancy and rheumatic diseases and principles of management before, during, and after pregnancy assisting in decision-making regarding treatment of women with autoimmune diseases. The book intends to provide concise, clinically relevant topics and cases with management recommendations for all providers who may encounter women of child-bearing age including rheumatologists, gynaecologists, paediatricians, primary care providers, nurses, midwives, and other health professionals dealing with pre-conceptional and pregnant women with rheumatic diseases. Aided by the discussion of 70 patient cases, pregnancy counselling, the management of disease flares, thromboembolic disease, the management of patients with end organ disease, advice on medications, obstetric complications, infections, vaccination, and the management of rare diseases in women with rheumatic diseases before and during pregnancy and postpartum is presented. The information is brought to the clinician in a distilled and clinically relevant manner that can be easily applied to the varying situations that may occur in the clinical setting, with references to more detailed background and primary studies for those who desire a more in depth review of the material.
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Kristen, Boon. 7 Immunity, 7.6 Prewitt Enterprises, Inc. v Org. of Petroleum Exporting Countries , 353 F.3d 916 (11th Cir. 2003). Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0045.
Повний текст джерелаАнотація:
This case addresses effective service of process of an international organization by a non-member state. The United States Court of Appeals for the Eleventh Circuit relied upon the Federal Rules of Civil Procedure (FRCP) because the Organization of Petroleum Exporting Countries (OPEC) did not fall within the purview of the International Organizations Immunities Act (IOIA) and no other applicable treaty existed regarding the treatment of the OPEC in a United States domestic court. The decision’s reliance upon FRCP and application of foreign law resulted in the inability of the plaintiffs to bring a claim against the OPEC without its express consent.
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Louchet, Francois. Snow Avalanches. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198866930.001.0001.
Повний текст джерелаАнотація:
This work is a critical update of the most recent and innovative developments of the avalanche science. It aims at re-founding it on clear scientific bases, from field observations and experiments up to strong mathematical and physical analysis and modeling. It points out snow peculiarities, regarding both static mechanical properties and flow dynamics, that may strongly differ from those of compact solids for the former, and of Newtonian fluids for the latter. It analyzes the general processes involved in avalanche release, in terms of brittle fracture and ductile plasticity, specific friction laws, flow of healable granular materials, percolation concepts, cellular automata, scale invariance, criticality, theory of dynamical systems, bifurcations, etc. As a result, slab triggering (including remote triggering) can be summarized by the “slab avalanche release in 4 steps” concept, based on weak layer local collapse and subsequent propagation driven by slab weight. The frequent abortion of many incipient avalanches is easily explained in terms of snow grain dynamical healing. Sluffs and full-depth avalanches are also analyzed. Such advances pave the way for significant progress in risk evaluation procedures. In the present context of a speeding-up climate warming, possible evolutions of snow cover extent and stability are also tentatively discussed. We show how, in mountainous areas, the present analysis can be extended to other gravitational failures (rock-falls, landslides) that are likely to take over from avalanches in such circumstances. The text is supported by on-line links to field experiments and lectures on triggering mechanisms, risk management, and decision making.
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del Guayo, Iñigo, Lee Godden, Donald D. Zillman, Milton Fernando Montoya, and José Juan González, eds. Energy Justice and Energy Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198860754.001.0001.
Повний текст джерелаАнотація:
Energy justice has emerged as a matter of vital concern in energy law, with resonances in the attention directed to energy poverty, and the United Nations Sustainable Development Goals. There are energy justice concerns in areas of law as diverse as human rights, consumer protection, international law and trade, and in many forms of regional and national energy law and regulation. The book covers main themes related to justice. Distributive justice, the equitable distribution of the benefits and burdens of energy activities, is challenged mainly by the existence of people suffering from energy poverty. This concept is also associated with substantive energy equity through such measures as the realization of ‘energy’ rights. There is also a procedural (or participation) justice, consisting in the right of all communities to participate in decision-making regarding energy projects and policies that affect them (this dimension of energy justice often includes procedural rights to information and access to courts). Under the concept of reparation (or restorative) justice, the book includes even-handed enforcement of energy statutes and regulations, as well as access to remedies when legal rights are violated. Finally, the idea of recognition or social justice means that energy injustice cannot be separated from other social ills, such as poverty and subordination based on caste, race, gender, or indigeneity, the need to take into account people who are often ignored. These issues are given specific momentum by thinking through how we might achieve a ‘just’ energy transition as the world faces the climate change challenges.
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Fields, David P. Foreign Friends. University Press of Kentucky, 2019. http://dx.doi.org/10.5810/kentucky/9780813177199.001.0001.
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This book examines how Syngman Rhee and the Korean independence movement used the rhetoric of American exceptionalism to lobby the U.S. government and the American public for support between 1905 and 1945. Alleging that Theodore Roosevelt violated the 1882 Korean-American Treaty when he tacitly supported the Japanese annexation of Korea in 1905, Rhee argued that Germany was not the only nation guilty of regarding treaties as “mere scraps of paper” and exhorted Americans to right this historical wrong by supporting Korean independence. He argued that doing so would prove Americans were the exceptional people many of them believed themselves to be. Rhee’s message gained credibility, not only because the concept of American exceptionalism resonated with Americans, but also because at various junctures certain Americans found the Korean cause useful. During the fight over the Versailles Treaty, the so-called Irreconcilable senators used the Korean issue to criticize President Wilson and to deflect the charge that they were isolationists. During the denouement of World War II, anticommunist politicians and civic organizations argued that Korea must not be abandoned to communism and that the United States’ treatment of Korea would be a test of American resolve in establishing a new rules-based order. The publicity Korea received from these and other episodes transformed Korea into an issue that could not be ignored in the postwar period. The irony and tragedy of Rhee’s efforts is that not only did they fail to regain Korea’s independence, but they directly contributed to the decision to divide Korea—an outcome he never foresaw or supported.
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Pichler, Shaun, and Enrica N. Ruggs. LGBT Workers. Edited by Adrienne J. Colella and Eden B. King. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199363643.013.13.
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Despite the large and growing representation of lesbian, gay, bisexual, and transgender (LGBT) workers, this minority group has received relatively less attention in the management and organization literature compared with other minority groups. This is a critical time in history for LGBT workers in that public opinion has become much more favorable regarding homosexuality. The US Supreme Court has made important decisions concerning gay marriage; and although there is still no comprehensive antidiscrimination legislation at the federal level, a recent executive order provides employment protections for federal LGBT workers. This chapter reviews the literature on the workplace experiences of LGBT workers with a focus on synthesizing findings across studies, addressing research trends at different levels of analysis, and providing recommendations for areas for future research.
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Surdam, David George. The Beginnings (1946–48). University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252037139.003.0003.
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This chapter examines the origins of the BAA, which was fraught with disappointment and difficulties. The nascent BAA sought the two advantages of territorial rights and the reserve clause that other professional team sports league owners possessed, but the league faced competition from an incumbent league—the National Basketball League (NBL). The two basketball leagues contested just one or two cities and were largely able to avoid a ruinous bidding war for players, including graduating college talent. This low level of strife was unique to professional basketball and may have contributed to the eventual success of those teams that survived. The BAA owners also made crucial decisions regarding revenue sharing, team salary caps, and differentiating their product from the college game.
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Claure-Del Granado, Rolando, and Ravindra L. Mehta. Haemodialysis in the critically ill. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780199600830.003.0215.
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Haemodialysis was the first method available to treat patients with kidney failure and remains an important treatment for critically-ill patients with acute kidney injury. Recent studies have shown that intermittent haemodialysis, sustained low-efficiency dialysis, and continuous renal replacement therapies provide similar outcomes for intensive care unit patients. Haemodialysis techniques offer several advantages—informed decisions regarding choice of mode require consideration of the operational characteristics of each method with its advantages and limitations. The choice of modality should be driven by patient characteristics and clinical scenario, ensuring that an adequate delivered dose of dialysis is achieved and there is good haemodynamic tolerance to minimize further insults to the kidney and other organs. This chapter reviews the current concepts and controversies in haemodialysis methods for renal support in the ICU.
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Lessons from Malawi’s Fresh Presidential Elections of 23 June 2020. International Institute for Democracy and Electoral Assistance and the Electoral Commissions Forum of SADC countries, 2020. http://dx.doi.org/10.31752/idea.2020.59.
Повний текст джерелаАнотація:
On 3 February 2020, the High Court of Malawi sitting on constitutional matters nullified the presidential election that was held on 21 May 2019. That decision was upheld by the Supreme Court of Appeal on 8 May 2020. Various reforms were ordered by the courts and legislated by Parliament, most notably a change in the electoral system, from a simple majoritarian, or first-past-the-post (FPTP), system to a two-round system where the winner must receive over 50 per cent of the votes. A fresh presidential election was held on 23 June 2020 under the supervision of a new commission, and Malawi made history in Africa on 27 June when the opposition candidate was announced victorious in the fresh presidential election. The repeat election was held in a largely peaceful environment, and the Malawi Electoral Commission (MEC) did not receive any complaints following the announcement of the result. Given the remarkable events that took place in Malawi, the Executive Committee of the Electoral Commissions Forum of SADC countries (ECF-SADC) recommended that the MEC should be given the opportunity to share its experience regarding the fresh presidential election of 23 June 2020 with other member commissions. The ECF-SADC in collaboration with the International Institute for Democracy and Electoral Assistance (International IDEA) organized a webinar on 31 August 2020 to strengthen peer review among electoral management bodies (EMBs) in the region of the Southern African Development Community (SADC). The webinar provided a platform for peer-learning concerning both the conduct of the fresh presidential election in Malawi and emerging regional trends in electoral justice.
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Lamont, Christopher K. The Scope and Boundaries of Transitional Justice in the Arab Spring. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190628567.003.0005.
Повний текст джерелаАнотація:
Chapter 5, by Christopher K. Lamont, further elaborates on critical debates regarding the scope of transitional justice processes. Drawing upon the Tunisian transition, he observes that one of the important debates has been over the appropriate temporal and substantive scope of any transitional justice mechanisms. He argues that transitional justice literature may not understand these debates well, not only because it has not until recently engaged with the MENA region, but because the former literature has been driven by legalism, while debates in Tunisia (and perhaps other countries in the region) over transitional justice issues have been driven by state-building contestation. He suggests that this is partly to do with the fact that in this region justice is understood as more than legal justice, also encompassing Islamic conceptions of social justice, and because decisions relate to political contestations about state identity.
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Woodruff, Paul. Growing toward Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190631741.003.0002.
Повний текст джерелаАнотація:
On a theory based on insights from Plato’s Republic, justice is the virtue of character, shared by individuals with their communities, that is necessary for the survival of communities against the threat of civil strife. It is a cultured response to a need arising from human nature. Justice requires the free consent of community members and depends on the wisdom of the community’s leaders. It is an ideal to be approached but not to be fully achieved at the human level. An individual can grow toward justice best in a community that offers good examples to follow, is willing to improve with respect to justice, and offers opportunities for the free exercise of justice. In growing toward justice, one must seek self-knowledge and practice other virtues, especially wisdom. One must also learn to communicate (listening and speaking) so as to secure a workable consensus on one’s decisions regarding justice.
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Platte, Nathan. Conclusion. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199371112.003.0015.
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Understanding the musical collaboration behind Selznick’s films does not require embracing every one of the producer’s decisions—some missed their mark. But Selznick’s productions do invite a re-evaluation of dominant prejudices in film-music discourse regarding, the involvement of a non-musicians in the scoring process, the sharing of compositional duties among multiple personnel, and film music’s relationship to commercial interests. These factors are crucial to understanding music’s function in Selznick’s films and its success within films and beyond. Although Selznick’s emphasis on film music reflected priorities born of prestige filmmaking (and literary adaptations in particular), his musical ideas spread far beyond these categories in the hands of other filmmakers. A concluding section shows that the mosaic-like construction of scores for Selznick presents not a crisis of authorship, but rather an opportunity to assess the dynamic and messy collaborations that produced some of Hollywood’s most memorable scores.
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Midtgaard, Søren Flinch. Paternalism. Oxford University Press, 2016. http://dx.doi.org/10.1093/acrefore/9780190228637.013.201.
Повний текст джерелаАнотація:
In the standard view, A acts paternalistically toward B if and only if: (i) A restricts B’s liberty, (ii) A acts against B’s will, (iii) A acts for B’s own good. For example, the state may tax or prohibit smoking in the interest of citizens’ health in circumstances in which such measures are resisted by them or some of them. Telling counterexamples have been produced to each of these conditions. In the revised view, A acts paternalistically toward B if and only if: (i) A acts so as to influence B by the use of means other than rational persuasion; (ii) A does not regard B’s will as structurally decisive (i.e., A takes the prevention of voluntary self-regarding harm to constitute a reason for influencing B); (iii) A does so for B’s good or to affect matters within B’s legitimate sphere of control; (iv) A’s act cannot be justified without counting its beneficial effects on B in its favor. The wrongness of paternalism lies in the way in which a paternalistic act by A toward B infringes B’s autonomy: A does not consider B’s will authoritative in determining how A should treat B in B’s self-regarding matters―A subjects B’s will to his in this sense. Hard paternalism as thus understood should be distinguished from soft paternalism or anti-paternalism. According to the latter, the prevention of voluntary self-regarding harm is never a good reason for interference. The latter is justifiable only to prevent involuntary self-regarding harm―harm pertaining to acts that are not his or do not represent his values or preferences. Hard paternalism may, pace what soft paternalism or anti-paternalism claims, sometimes be justifiable. This is particularly so when the voluntary self-regarding harm involved is significant and the infringement of liberty required to prevent it limited or acceptable given the harm at stake. The question of when a good or an advantage is profound and when an infringement of liberty is limited is, however, difficult and worthy of further investigation. Paternalistic justifications should be distinguished from other liberty-limiting principles. That is, they should, first, be distinguished from moral paternalism focusing on improving the person’s moral character and hence his moral well-being or on making the person better (as opposed to the improvement of the person’s physical and psychological condition focused on by ordinary or welfare paternalism). Second, it should be distinguished from legal moralism concerned with barring conduct that is intrinsically morally bad (that is, bad for reasons independent of how it affects people’s character or their physical or psychological condition).
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Klitzman, Robert. Designing Babies. Oxford University Press, 2019. http://dx.doi.org/10.1093/med/9780190054472.001.0001.
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Since the first “test tube baby” was born over 40 years ago, in vitro fertilization and other assisted reproductive technologies (ARTs) have advanced in extraordinary ways, producing millions of babies. About 20% of Americans use infertility services, and that number is growing. ARTs enable gay and lesbian couples, single parents, and now others to have offspring. Prospective parents can also use preimplantation genetic diagnosis to avoid passing on certain mutations to their children and to avoid abortions of fetuses with these mutations. Other future parents routinely choose the sex of their child and whether to give birth to twins. In the United States, these procedures are largely unregulated, and a large commercial market has rapidly grown, using “egg donors,” buying and selling human eggs and sperm, and using gestational surrogates. Potential parents; policymakers; doctors, including reproductive endocrinologists; and others thus face critical complex questions about the use—or possible misuse—of ARTs. This book examines ethical, social, and policy questions about these crucial technologies. Based on in-depth interviews, Robert Klitzman explores how doctors and patients struggle with quandaries of whether, when, and how to use ARTs. He articulates the full range of these crucial issues, from economic pressures to moral and social challenges of making decisions that will profoundly shape these offspring. The book explores, too, broader social and moral questions regarding gene editing, CRISPR, and eugenics. Klitzman argues for closer regulation of these technologies, which are altering future generations and the human species as a whole.
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Proust, Joëlle, and Martin Fortier, eds. Metacognitive Diversity. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198789710.001.0001.
Повний текст джерелаАнотація:
This book focuses on the variability of metacognitive skills across cultures. Metacognition refers to the processes that enable agents to contextually control their first-order cognitive activity (e.g. perceiving, remembering, learning, or problem-solving) by monitoring them, i.e. assessing their likely success. It is involved in our daily observations, such as “I don’t remember where my keys are,” or “I understand your point.” These assessments may rely either on specialized feelings (e.g. the felt fluency involved in distinguishing familiar from new environments, informative from repetitive messages, difficult from easy cognitive tasks) or on folk theories about one’s own mental abilities. Variable and universal features associated with these dimensions are documented, using anthropological, linguistic, neuroscientific, and psychological evidence. Among the universal cross-cultural aspects of metacognition, children are found to be more sensitive to their own ignorance than to that of others, adults have an intuitive understanding of what counts as knowledge, and speakers are sensitive to the reliability of informational sources (independently of the way the information is linguistically expressed). On the other hand, an agent’s decisions to allocate effort, motivation to learn, and sense of being right or wrong in perceptions and memories (and other cognitive tasks) are shown to depend on specific transmitted goals, norms, and values. Metacognitive variability is seen to be modulated (among other factors) by variation in attention patterns (analytic or holistic), self-concepts (independent or interdependent), agentive properties (autonomous or heteronomous), childrearing style (individual or collective), and modes of learning (observational or pedagogical). New domains of metacognitive variability are studied, such as those generated by metacognition-oriented embodied practices (present in rituals and religious worship) and by culture-specific lay theories about subjective uncertainty and knowledge regarding natural or supernatural entities.
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Kosmin, Leslie, and Catherine Roberts. Company Meetings and Resolutions. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198832744.001.0001.
Повний текст джерелаАнотація:
This new edition is the only work solely dedicated to the law of company meetings of solvent public and private companies that are registered and incorporated under the Companies Act 2006 and its predecessors. As before, the new edition is written by an author team of great authority who have specialized in company law throughout their careers. The third edition addresses the use of technology in company meetings, and in particular, considers whether it is lawful for a company registered under the Companies Act 2006 to hold a meeting of shareholders by electronic means only. The practical, as well as the legal issues are considered with regard to this issue. The changes brought in by the UK Corporate Governance Code 2018, with regard to the role of the Chair and the board at meetings of listed companies, is covered along with other developments relating to the duties and activities of the Chair such as in Re Dee Valley Group plc 2017. Other important new case law is also covered such as Sharp v Blank 2015 concerning the duty of directors to provide sufficient information to shareholders to enable them to make informed decisions. Amendments made by the Regulatory Reform Act 2013 to the Companies Act 2006 regarding approval by shareholders of director remuneration policy are duly considered. The Rt. Hon Lord Justice David Richards has written a foreword to the third edition, This book is the leading authority on the law of company meetings and resolutions and all practitioners advising on this subject will find this an invaluable tool for desk research as well as a handy companion at company meetings.
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Crocker, Thomas P. Overcoming Necessity. Yale University Press, 2020. http://dx.doi.org/10.12987/yale/9780300181616.001.0001.
Повний текст джерелаАнотація:
Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution of the United States, however, was designed to function under “states of exception,” most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. This book urges the United States Congress, the courts, and other bodies to put those checks into practice. The book analyzes the constitutional norms that fail to guide and constrain the choice of action through an analysis of what is appropriate. It explores how constitutional norms always apply as unavoidably normative constitutional questions during an emergency. It explains how necessity can produce dictatorship, because the people are willing to allow whatever it takes to solve their immediate needs, and it looks into the theory that a president might suspend the constitutional order in order to post hoc political accountability. It then talks about necessity that enables presidential discretion, and responds to arguments regarding the president having all the power that necessity confers. The book considers the scope of implied presidential power, arguing that even if there is power to do what is necessary, it is still constrained by conceptions of what is proper. It emphasizes how deference to the president is inconsistent with a constitutional tradition that preciously guards decisions about liberty. The book concludes with a review of the commitment to constitutional values as a constitutive feature of political identity in American constitutionalism.