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Ho Christopher Chee Kong - - 2009
Managing intractable haematuria is a daunting task. One cause of this condition is radiationinduced haemorrhagic cystitis. Several treatments for the condition have been proposed and one non-invasive option is alum irrigation. Here, we report on a 65-year-old woman with intractable haematuria secondary to radiation cystitis who was successfully treated with ...
- - 2009
When an ERISA plan administrator delegates his discretionary authority to render plan benefit decisions to a third party, even one that is not a fiduciary, de novo review is not triggered when litigation arises. Rather, the standard for review is the "arbitrary and capricious"standard as set by the US. Supreme ...
Leong Gregory B - - 2008
The deific-decree exception to Washington's M'Naughten insanity standard first appeared in case law a quarter century ago in State v. Crenshaw. A few subsequent cases have attempted to refine the contours of the deific decree; however, the deific-decree doctrine has had only limited utility as a basis for the insanity ...
Fitch W Lawrence - - 2007
The AAPL Practice Guideline for the Forensic Psychiatric Evaluation of Competence to Stand Trial provides a rich discussion of the legal standards and procedures for evaluating and determining a criminal defendant's trial competence and for restoring to competence defendants found to be incompetent. The document includes an up-to-date discussion of ...
Bird Sara - - 2006
On 9 May 2006, the High Court of Australia dismissed "wrongful life" claims brought on behalf of two patients. One of the cases involved the alleged negligent failure by a general practitioner to diagnose prenatal rubella and to advise the mother of the risks to the fetus associated with rubella. ...
Niveau G - - 2006
PURPOSE: To extensively review the European Court of Human Rights (ECHR) case law concerning psychiatric commitment, and to estimate the role of this supranational jurisprudence in the practice of contemporary psychiatry. METHOD: Using keywords to search the ECHR computerized database "HUDOC", we reviewed all cases concerning psychiatric commitment registered between ...
Matta A M - - 2006
The author reviews the legal theory and practice of the requirements for informed consent. He uses a discussion of relevant cases and judgements from courts in the UK, USA, Australia and Malaysia to illustrate apparently conflicting attitudes exemplified by these cases. From this he aims to form some consensus in ...
Tobin Rosemary - - 2005
Wrongful birth cases have been a feature of the common law. In this article the author examines wrongful birth cases against the background of the New Zealand accident compensation scheme. Initially cases were accepted under the scheme, but after major changes to the legislation in 1992, wrongful birth cases were ...
Neufeld Peter J - - 2005
Daubert v Merrell Dow Pharmaceuticals, Inc should have an extraordinary impact on criminal litigation, because there is rarely a criminal trial that does not rely on some form of expert testimony. In fact, it is almost irrelevant. Despite the frequency of prosecution proffered scientific and expert testimony in criminal cases, ...
de Vries Ubaldus - - 2004
Dutch author Ubaldus de Vries reviews the current state of the euthanasia law in the Netherlands. The legislation, enacted in 2001, creates a medical exception that allows for euthanasia in cases where patients experience "hopeless and unbearable suffering." A brief history of the Dutch approach to euthanasia is set forth, ...
Yuracko Kimberly A - - 2004
Discrimination on the basis of sex in employment is illegal--usually. In cases in which employers contend that sex-based hiring is necessary to protect the privacy interests of their customer, however, and in cases in which employers contend that sex-based hiring is necessary to provide a particular type of sexual titillation ...
Busby Karen - - 2004
Three queer sensitive organizations intervened before the Supreme Court of Canada in Little Sisters v. Canada, a case that challenged whether and how Canada Customs treated cross border shipments to a gay and lesbian bookstore. This paper reviews the queer sensitive organizations' arguments on some of the issues in the ...
Whitehead Paul D - - 2003
In Tobin v. SmithKline Beecham Pharmaceuticals a jury in the U.S. District Court for the District of Wyoming found that the medication Paxil "can cause some individuals to commit homicide and/or suicide," and that it was a legal cause of the deaths in this case. A motion was recently put ...
Palusci V J - - 2001
OBJECTIVE: To determine the frequency of court appearance by pediatricians evaluating child abuse and neglect cases and to identify case characteristics associated with actual court appearance or case adjournment. DESIGN: Retrospective review of subpoenas received between 1995 and 1999 for child maltreatment cases personally evaluated by 2 pediatricians during the ...
Bernat E - - 2001
Notwithstanding the question of whether abortion is generally or exceptionally a legitimate means of family planning, it is basically agreed that abortion is not justifiable without free and informed consent of the pregnant woman. However, if abortion is held by the legislature to be a "ground of justification" (i.e., a ...
Brooks R R - - 2001
This article reports on the effect of income within race on African Americans' perception of the courts. Our findings are somewhat consistent with the previous research on black middle-class relative dissatisfaction with various American institutions. That is, unlike whites and Latirios in our study, we find that higher-income African Americans ...
Kazan-Allen L - - 2001
A ruling by Britain's House of Lords in July 2000 opened the doors of the English courts to foreign plaintiffs injured by the overseas operation of British companies and their subsidiaries. The ruling authorized 3,000 South African asbestos victims to continue their case in the U.K. courts against the multinational ...
Ciccone J R - - 1999
In the 1990s, the Supreme Court has decided several cases that have had an impact on psychiatry and psychiatric patients in the criminal justice system, on psychiatric hospitalization, and on psychotherapist-patient privilege. Of the seven cases discussed in this article, Chief Justice Rehnquist and Justice Scalia voted similarly in all ...
Young J L - - 1999
The courts have so far consistently refused to view misconduct by clergy counselors as constituting clergy malpractice. However, they have increasingly come to view it as a breach of fiduciary duty. More recently, they have also begun to differentiate between the secular and religious aspects of clergy counselors' work. The ...
Catlin A J - - 1998
This article provides an analysis of why women might refuse cesarean sections that are advised by their physicians. It presents a review of court cases, ethical opinions, and recommendations in the literature and lists the legal requirements for informed consent. The author delineates the process of weighing whether or not ...
Chan K W - - 1997
In July, 1996, the United States Supreme Court held in Jaffee v. Redmond that statements made to a psychotherapist are privileged communications in a federal action. Prior to Jaffee, the federal courts were not in agreement as to whether this privilege existed. The majority found strong public and private interests ...
Behnke S H - - 1997
This article discusses the criminal responsibility of individuals diagnosed with multiple personality disorder (MPD). First, it reviews how courts understand and assess criminal responsibility. Second, it gives an overview of how courts have applied the doctrine of criminal responsibility to individuals with MPD. Third, it explains what legal theorists say ...
Hosty G - - 1996
The case notes, court reports and outcomes of 699 consecutive out-patient referrals to a forensic service for court reports, related to criminal offences, were examined. The relationship between rejection of psychiatric recommendations to the court and a number of different variables was examined. Age, sex and ethnicity were found to ...
Lemmens T - - 1996
This chapter describes some dominant trends of American and Canadian law in relation to treatment refusal, physician-assisted suicide and euthanasia. Although common law in both countries recognizes the right of patients to refuse treatment, problems have arisen, especially in the US, over treatment refusal on behalf of incompetent patients. One ...
- - 1996
Per Alm Stamning. Om orsaker och behandling och om hur man själv kan arbeta med sin stamning. 302 pages. Natur och Kultur. 1995. ISBN 91-27-04323-1. Price around 280 SEK. Habermann, Günther: Stimme und Mensch. Beobachtungen und Betrachtungen. Median-Verlag von Killisch-Horn, Heidelberg 1996. 276 pp. ISBN 3-922766-24-2. Price: DM 85.-
Leong G B - - 1995
The therapeutic and legal protections afforded by California's psychotherapist-patient privilege have become increasingly eroded in such recent cases as People v. Wharton and Menendez v. Superior Court. In another capital case, People v. Webb, the California Supreme Court further erodes this privilege in regard to the private (confidential) treatment records ...
Chapman S - - 1995
A case this month in the Australian court may force Australia's national airline, Qantas, to make all its flights non-smoking now rather than next year and in the meantime offers hope of compensation to Australian passengers who are refused non-smoking seats. Mrs Leone Cameron brought a case against Qantas for ...
Gravitz M A - - 1995
The record of an 1846 trial for murder in New York state was reviewed. This was the first case in which testimony based on hypnosis (mesmerism) was admitted without objection in an American court of law. The allegations against the defendant were not supported by the evidence offered, and a ...
Weber R D - - 1995
In November 1994, a Wayne County Circuit Court judge rendered an opinion upholding the constitutionality of the 182-day pre-suit notice and waiting requirements under the Malpractice Reform Legislation which became effective April 1, 1994. The Court's opinion is well written and will lend support to other constitutional attacks taking place ...
Meisel A - - 1992
The legal consensus that has evolved through adjudication and legislation since the Karen Quinlan case in 1976 is founded on the premise that there is a bright line between passive euthanasia and active euthanasia. Indeed, the term passive euthanasia is often eschewed in favor of less emotionally-laden terminology such as ...
Meisel Alan - - 1992
In 1990, the United States Supreme Court issued a decision in the Cruzan case, the first "right-to-die case" to reach that Court. Prior to the Court's decision, there was wide-spread speculation as to what it would decide and what the impact of the decision would be. Speculation about the impact ...
Fisiy, C.F.
This paper examines thirty witchcraft cases reviewed by the Court of Appeal of Bertoua (East Province, Cameroon) during the period 1981-1984. The basic aim is to highlight the nature and sources of witchcraft accusations, the process of securing a conviction (i.e. proof), and finally, the magnitude of punishment meted out ...
Chopko M E - - 1989
The U.S. Supreme Court's decision to review Webster v. Reproductive Health Services, a Missouri case that challenges the validity of legislative direction of public policy as outlined in Roe v. Wade, has fueled speculation that the Court will use the case to reconsider, and perhaps reverse, Roe. When the Supreme ...
Wettstein R M - - 1988
Little attention has been paid to the processing of insanity acquittees subsequent to criminal trial. This study first obtained descriptive data on new insanity acquittees (N = 137) in Illinois between January 1982 and July 1984 and then examined the criminal commitment criteria used by evaluating psychiatrists and criminal courts ...
Snyder C J - - 1988
Over 600 federal court cases filed between 1970 and 1986 were reviewed in an attempt to discover the major themes and issues. Over all personnel decisions the employer was consistently favored (65%). Performance evidence was central to all cases reviewed. Subjective appraisals were often presented by management and were not ...
- - 1988
The Conseil d'Etat of France affirmed the judgment of the Administrative Tribunal of Strasbourg refusing to register a surrogate motherhood association (Annual Review of Population Law, Vol. 13, 1986, Section 250). It held that the goal of the association was contrary to Article 352-1-2 of the Penal Code, which punishes ...
Bettman J W - - 1987
The court decisions included in this article reflect judicial attitudes towards medicolegal cases in most states. The courts have defined and amplified issues of informed consent, the physician's duty to warn patients and protect third parties, the limitations of the "Good Samaritan" statute, the responsibility of the physician to prepare ...
Veliz J - - 1987
The authors conducted a prospective study of the impact of the Rogers decision involving patients' right to refuse treatment during the first year (1983-1984) of its implementation in the Massachusetts facility for the criminally insane. They learned that of the 98 cases submitted to the probate court, only 39 were ...
- - 1987
The appellants were female employees of Vietnamese origin of the Postal Commission who were refused permanent employment because they did not meet weight requirements by reference to height and sex set by the Commission. They lodged complaints under the New South Wales Anti-Discrimination Act 1977 charging sex discrimination, among other ...
- - 1987
The applicants, female warehouse operatives for the defendant, challenged the defendant's policy of paying warehouse checkers more than they were being paid. They claimed that both groups were engaged in work of equal value and should be given equal pay. The case was dismissed by a lower court because the ...
- - 1987
This Law makes the following changes, among others, with respect to the regulation of divorces: a) a period of three years' separation is provided in all cases as a ground for divorce; b) transsexuality is a ground for divorce if recognized by a court; c) a woman loses her husband's ...
Bowers S A - - 1986
For optometrists, malpractice claims are relatively rare and seldom result in litigation. Therefore, there are very few reported court cases dealing with the optometric malpractice issue. In fact, within the last ten years there have been only five reported cases. Claims involving failure to diagnose have been the most devastating ...
Reich J H - - 1986
To determine the frequency and the nature of disagreements between the court and the forensic psychiatrist regarding a defendant's competence to stand trial, 390 consecutive admissions from the Yale-New Haven Psychiatric Court Clinic were reviewed. Six cases of clear-cut disagreements were found. It appears that when courts rule an individual ...
Carmi A - - 1984
Cross-examination is a very powerful weapon in court trials. Its success is measured by the final effect on the problem of proof. It can elicit favourable facts to one's case and also show that the witness is not worthy of credence or that his evidence is unacceptable. However pointless and ...
Cooper A E - - 1982
Emovon A C - - 1978
Reports on 500 cases of murder were extracted from the case records of the Federal Supreme Court of Nigeria. Offenders were nearly always men and the victims were males in 64% of cases. The weapons were most often machetes or cutlasses. The killer and the victim were often related or ...
Sadler L L - - 1977
A case of plagiarism involving duplication of the author's drawings is discussed. The chronology of events leading to an out-of-court settlement is reviewed and an attempt is made to clarify certain often misunderstood points in the Copyright Law as it applies to illustrators.
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