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Fokkens W J - - 2014
From June 22 to 26th, 2014 we celebrated the 50th anniversary of the European Rhinologic Society with the 25th Congress of the European Rhinologic Society and the 32nd International Symposium of Infection and Allergy of the Nose. The congress was held in the Beurs van Berlage, an historic building, which ...
Tappen Ruth M - - 2014
The terms mainstream America and mainstream American are often used but infrequently defined. The purpose of this study was to explore definitions of these terms among a multiethnic sample of 158 college students. Two major themes emerged from a qualitative analysis: 1) an exclusionary definition as U.S.-born, dominated by Whites ...
- - 2014
[This corrects the article DOI: 10.1371/journal.pone.0100687.].
Heeren Germaine G European Society for Therapeutic Radiology and Oncology, - - 2014
After briefly looking into the dramatic twist of history that caused Central- and Eastern Europe to be separated from the West, the author observes the impact of 40 years of cold war and isolation on the state of radiotherapy (RT) in Central Europe. From her privileged position as a staff ...
Kulis Stephen - - 2013
This study examined the indigenous identities of urban American Indian youth using measures related to three theoretical dimensions of Markstrom's identity model: identification (tribal and ethnic heritage), connection (reservation ties), and involvement in traditional cultural practices and spirituality. Data came from self-administered questionnaires completed by 142 urban American Indian middle ...
Petrini Carlo - - 2013
The Italian Data Protection Authority recently authorised a US pharmaceutical company and an Italian hospital to use the personal data of people without capacity to make their own decisions, including those with no legal representation, within the framework of a specific clinical trial although this is not legal under current ...
Carse Alisa - - 2013
Moral distress can consist in anxiety or concern about one's capacity to meet challenges to one's integrity; it can also consist in the sense that one has failed to meet these challenges, betraying fundamental moral values or commitments. When the sense of moral failure is compounded by feelings of frustration ...
Polenakovic M H - - 2012
(Full text is available at http://www.manu.edu.mk/prilozi). The first scientific meeting of nephrologists in Yugoslavia with international participation was held in Struga, Republic of Macedonia, on Lake Ohrid, 26 to 28 September 1977. During the Third Symposium on Endemic Nephropathy, which was held in Nis on 5 to 8 November 1975 ...
Boyczuk Jeff - - 2010
Derived from a traditional common law rule of evidence, the "best evidence" standard as applied to recorded audio prescribes that an original recording, and not a duplicated or altered copy, will be presented in legal proceedings. The intent of this standard is to ensure that the integrity of the original ...
Luchetti Marco - - 2010
In 1992, Eluana Englaro was involved in a car accident in Italy that eventually left her in a permanent vegetative state requiring artificial nutrition and hydration. This paper, after briefly reviewing Eluana's case, gives a chronicle of Eluana last months until her death on 9 February 2009, and discusses the ...
Small Dan - - 2010
Canada's federal government has once again failed to shut North America's only authorized supervised injection facility: Insite. A majority ruling issued by the BC Court of Appeal on 15 January 2010 upheld an earlier British Columbia Supreme Court ruling in 2008 that protected the rights of injection drug users (IDUs) ...
White Ben - - 2009
The recent Supreme Court decision of Queensland v B [2008] 2 Qd R 562 has significant implications for the law that governs consent and abortions. The judgment purports to extend the ratio of Secretary, Department of Health and Community Services (NT) v JWB and SMB (1992) 175 CLR 218 (Marion's ...
Petrila John - - 2009
The Americans With Disabilities Act (ADA) was created to prohibit discrimination based on disability. Although many individuals filed claims alleging discrimination in the workplace based on disability, the federal courts, led by the U.S. Supreme Court, adopted an increasingly constricted interpretation of key provisions of the ADA. As a result, ...
Appelbaum Paul S - - 2009
This column discusses the recent case of U.S. v. Boskic to highlight issues related to voluntariness--in particular, the voluntariness of a confession. At a meeting with U.S. government agents, Boskic, a Croat from Bosnia living in the United States, confessed to involvement in the 1995 Srebrenica massacre. The agents had ...
Hepple Bob - - 2009
The recent judgment of the European Court of Human Rights in the cases of S and Marper highlights some of the crucial ethical and legal issues relating to privacy, informed consent and discrimination raised by the use of forensic databases. This article explains the judgment and discusses some broader questions, ...
Manning Joanna - - 2008
Recently the Supreme Court of New Zealand decided that the standard of proof in disciplinary proceedings against a registered health practitioner is the ordinary, civil "balance of probabilities" standard, even in cases where criminal or serious allegations are made. Adopting recent House of Lords' case law, it rejected the existence ...
Klein Roger D - - 2008
In the United States, a longstanding legal rule exists against patenting natural phenomena. The Supreme Court recently had an opportunity to help define the boundaries and clarify the implications of this "natural phenomenon doctrine" in Laboratory Corporation of America v. Metabolite Labs., dismissed as improvidently granted. This article argues that ...
Cook R J - - 2007
National and international courts and tribunals are increasingly ruling that although states may aim to deter unlawful abortion by criminal penalties, they bear a parallel duty to inform physicians and patients of when abortion is lawful. The fear is that women are unjustly denied safe medical procedures to which they ...
Faunce Thomas - - 2007
A recent case in the United States Supreme Court has indicated a change in course on the issue of abortion rights. In Gonzales v Carhart 127 S Ct 1610 (2007), the Supreme Court, in April 2007, upheld federal legislation banning a particular late-term abortion procedure with no exceptions (even to ...
Dickens B M - - 2006
Modern medical concerns with telemedicine and robotics practiced across national or other jurisdictional boundaries engage the historical, complex area of law called conflict of laws. An initial concern is whether a practitioner licensed only in jurisdiction A who treats a patient in jurisdiction B violates B's laws. Further concerns are ...
Kopit William - - 2006
The most relevant question for any joint venture is, when does the relationship become a jointventure and not simply a price-fixing cartel? With respect to this question, this Article juxtaposes Texaco, Inc. v. Dagher, 126 S. Ct. 1276 (2006), against years of contrary precedent. In Dagher, the Court altered the ...
Betteridge Glenn - - 2005
On 29 July 2005, the High Court of New Zealand decided the first case testing the scope of the by-law-making power given to cities under the Prostitution Law Reform Act 2003 (the PRA). The Court struck down the sections of a Christchurch by-law confining brothels to a defined area within ...
Dickens Bernard M - - 2005
Controversies affecting reproductive choice can often be resolved within interactions of legal and ethical decision-making. This paper addresses three topics, following the methodology presented in Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law, by R.J. Cook, B.M. Dickens and M.F. Fathalla (Oxford University Press, 2003). The book's 15 ...
Ochoa-Lara M T - - 2005
Extended abstract of a paper presented at Microscopy and Microanalysis 2005 in Honolulu, Hawaii, USA, July 31--August 4, 2005.
Slovenko Ralph - - 2005
Should criminal law principles be applied to life insurance claims made by the beneficiaries of an insured person who commits suicide? Any discussion of the criminal law and the M'Naghten test of criminal responsibility, as sometimes used by the courts and recommended by the authors, obfuscates the resolution of contemporary ...
Salzman Philip Carl - - 2004
Political philosophers have doubted the compatibility of various major values, such as equality and freedom. Ethnographic and historical evidence has indicated the presence of (1) economic equality and individual freedom in the absence of civil peace in segmentary societies based on self-help; (2) economic equality and civil peace in the ...
Spriggs M - - 2004
The Brisbane Supreme Court has denied an Australian woman's request to harvest and freeze her dead fiancé's sperm for future impregnation. After she was denied access to the sperm, the woman learnt that her fiancé may have been a sperm donor and she began checking to find out if his ...
Matthews Robert A J - - 2004
Recent cases have highlighted the issue of faulty probabilistic reasoning by expert witnesses in courts of law. While concern about potential miscarriages of justice is clearly well-placed, the consequences of such faulty reasoning do not seem to be fully appreciated. These are often counter-intuitive, as we show with two examples: ...
Nelson John - - 2003
On 9 October 2002, a majority of South Africa's Constitutional Court dismissed appeals from convictions for prostitution and keeping a brothel, rejecting arguments that the law was unconstitutional. However, the minority decision, endorsed by five of eleven judges, found that the provision that made the sex worker but not the ...
Jost Timothy Stoltzfus - - 2003
Although Medicaid is regarded as a federal entitlement program, nowhere does the Medicaid statute explicitly recognize a federal right of action to enforce recipients' rights. Arguably, the Supreme Court, rather than Congress, first recognized the right of Medicaid recipients to protection of federal law. A controversial 2001 federal court decision, ...
Liberman J - - 2002
On 11 April 2002, a Victorian supreme court jury ordered British American Tobacco Australia to pay Rolah McCabe $A700 000 in damages. Rolah McCabe is a 51 year old woman dying of lung cancer. She is the first smoker ever in Australia to obtain a damages verdict against the tobacco ...
Elliott Richard - - 2002
In January 2002, the US Supreme Court issued the latest in a series of court judgments adopting a narrow interpretation of the Americans with Disabilities Act (ADA). The unanimous decision is fundamentally flawed in several important respects. It does not bode well for people with disabilities seeking protection from discrimination ...
Miller Robert D - - 2002
At least 17 jurisdictions permit insanity defenses to be entered over the objections of defendants. Those jurisdictions believe that society's interest in a just determination of the charges outweighs a competent defendant's choice. If competency includes the ability to rationally choose a plea, competent defendants should not be forced to ...
Munro V E - - 2001
The judgment in the English Court of Appeal case of Re A (Conjoined Twins: Surgical Separation) highlights forcefully the highly individualistic and abstract assumptions that commonly shape the deployment of rights discourse in liberal legal adjudication. Forced by the all-or-nothing nature of this discourse into a dilemma between perceiving of ...
Wickham P - - 2001
A review of the laws and records of the courts of colonial New England indicate some ways the early settlers thought about and responded to idiocy. Early Massachusetts laws extended certain rights to idiots: They authorized the transfer of property, exonerated idiots who committed capital crimes, and extended relief to ...
Miller K R - - 2001
Historically, ensuring the due process rights of deaf defendants has been a problematic issue in the criminal justice system (McAlister, 1994; Smith, 1994; Vernon & Coley, 1978; Vernon & Greenburg, 1996; Vernon & Miller, in press; Vernon & Raifman, 1997; Whalen, 1981; Wood, 1984). Inadequate communication can radically affect a ...
Callus T - - 2001
A recent decision of the French supreme court has recognised what has been termed in the common law system, a "wrongful life" action. Intentionally provocative, the decision shows how the desire for equitable or "corrective" justice poses a threat not only to established legal principles on civil liability, but also ...
Denney R L - - 2000
This article reviews the application of clinical neuropsychology to criminal court proceedings, a complex, underserved, yet growing area of neuropsychological practice. The authors write from the perspective that the audience is primarily neurorehabilitation clinicians with limited experience in criminal matters. Discussions on the theoretical differences between clinical and forensic work, ...
Gutierrez-Lobos K - - 2000
The impact of the Austrian Psychotherapy Act, which, in contrast to legal provisions in the United States, does not provide for any exceptions to breach confidentiality, is compared with the effects of U.S. law on dealing with confidentiality. The authors investigated the impact of this law in light of three ...
Glancy G D - - 1999
Since their adoption in 1892, the insanity laws in the Criminal Code of Canada have utilized a modified M'Naughton rule. The Department of Justice began work in the 1970s to update these laws. In 1983, soon after the Canadian Charter of Rights and Freedoms was proclaimed, the case of Regina ...
Fletcher R - - 1998
This article asks how Irish abortion law developed to the point of stopping a young pregnant rape victim from travelling abroad to have an abortion in 1992 (Attorney General v.X). The author argues that this case, which ultimately saw the Irish Supreme Court overturn that decision and recognize the young ...
Gold L H - - 1998
This article addresses unique biases that arise in the assessment of sexual harassment claims by forensic psychiatrists. These include gender biases, diagnostic biases, sociopolitical biases, and bias that arises from lack of knowledge regarding sexual harassment or lack of formal psychiatric training. Forensic psychiatrists are ethically obligated to strive for ...
Pearlman T - - 1998
Society remains sharply divided as to the deterrent value of capital punishment. Following the reintroduction of the death penalty in the United States, Texas law mandates the affirmative predictability of future dangerousness beyond a reasonable doubt before a jury can impose the ultimate penalty for capital murder. The validity of ...
Sharpe V A - - 1997
Following up on a 1989 paper on the subject, this essay revisits the question of ethical expertise in the court room. Informed by recent developments in the use of ethics experts, the authors argue 1) that the adversarial nature of court proceedings challenges the integrity of the ethicist's pedagogical role; ...
Molnar J - - 1997
Patients consent to surgical procedures is a universal issue in medical law. The legal position in Australia, because it falls somewhere between the North American doctrine of "informed consent", and the Bolam test in the United Kingdom, will be of interest to all clinicians and legal practitioners dealing with these ...
Anderson J D - - 1997
Since its founding in 1974, Presbyterians for Lesbian & Gay Concerns (PLGC) has led the movement toward full participation and membership for lesbian and gay people in the Presbyterian Church (U.S.A.). This is a story of that movement, told by a participant. It traces the development of current antigay policies ...
Binion G - - 1997
The research presented below analyses the rhetoric of abortion jurisprudence from the perspective of fundamental principles of feminist theory. While focused primarily on the American experience, it addresses and raises questions that are on the political agenda in a significant number of contemporary societies. The feminist principles identified, and against ...
Helminski F F Legal Department, Mayo Foundation, Rochester, Minnesota 55905, - - 1995
In December 1994, the Michigan Supreme Court decided a group of cases comprising constitutional challenges to a Michigan statute against assisted suicide and prosecutions of Dr. Jack Kevorkian for his role in two incidents of suicide. The court rejected arguments that the statute infringed a right of "personal autonomy" under ...
Bernat E - - 1995
This article discusses various aspects of criminal and civil liability with special reference to Austrian and German law. Whereas there are already innumerable German court decisions covering gynaecological and obstetric practice this is not yet true for Austria. However, the basic legal structure in both legal systems is very similar. ...
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