1,113 results match your criteria considers legal


A dynamic simulation model to support reduction in illegal trade within legal wildlife markets.

Conserv Biol 2021 Aug 3. Epub 2021 Aug 3.

Interdisciplinary Centre for Conservation Science, Department of Zoology, University of Oxford, Oxford, OX1 3SZ, UK.

Sustainable wildlife trade is critical for biodiversity conservation, livelihoods, and food security. Regulatory frameworks are needed to secure these diverse benefits of sustainable wildlife trade. However, regulations limiting trade can backfire, sparking illegal trade if demand is not met by legal trade alone. Read More

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How to make value-driven climate science for policy more ethical.

Authors:
Justin Donhauser

Stud Hist Philos Sci 2021 Jul 27;89:31-40. Epub 2021 Jul 27.

Bowling Green State University, USA; Indiana University Bloomington, USA. Electronic address:

In previous works, I examine inferential methods employed in Probabilistic Weather Event Attribution studies (PEAs), and explored various ways they can be used to aid in climate policy decisions and decision-making about climate justice issues. This paper evaluates limitations of PEAs and considers how PEA researchers' attributions of "liability" to specific countries for specific extreme weather events could be made more ethical. In sum, I show that it is routinely presupposed that PEA methods are not prone to inductive risks and presuppose that PEA researchers thus have no epistemic consequences or responsibilities for their attributions of liability. Read More

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Navigating climate change adaptation assistance for communities: a case study of Newtok Village, Alaska.

J Environ Stud Sci 2021 Jul 23:1-12. Epub 2021 Jul 23.

Ristroph Law, Planning, and Research, 410 Burgin Ave, Baton Rouge, LA 70808 USA.

Climate change is significantly impacting Alaska Native Villages (federally recognized tribes) as well as other rural and place-based communities that wish to continue their traditional lifeways. While many communities are looking to state and federal governments for assistance with climate change and other emergencies, there are limits to assistance under the current political and legal framework. This article discusses strategies for climate change adaptation that Alaska Native Villages and similarly situated communities may be able to take on their own. Read More

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The Role of COVID-19 Soft Law Measures in Italy: Much Ado about Nothing?

Eur J Risk Regul 2021 Mar;12(1):93-110

PhD candidate, Roma Tre University, Italy.

This article considers the role of non-binding legal instruments adopted in Italy against the SARS-CoV-2 virus in the early months of 2020. To verify whether the use of such instruments restricted fundamental and human rights beyond constitutional and legal limits, the article first gives an overview of hard law measures adopted in Italy against the coronavirus. It then focuses on soft law measures, the use of which became significant only in Phase II of Italy's response to COVID-19 and argues that non-binding legal instruments provided the public with instructions on gradually returning to normal life. Read More

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CORREIA, DIAMOND AND THE CHESTER EXCEPTION: VINDICATING PATIENT AUTONOMY?

Authors:
Louise Austin

Med Law Rev 2021 Jun 23. Epub 2021 Jun 23.

School of Law, Cardiff University, Cardiff, UK.

In Chester v Afshar [2004], the House of Lords stated they were departing from the traditional rules of causation in order to vindicate the patient's right of autonomy. Subsequent judgments in the Court of Appeal expressed concerns over the lack of clarity of the legal principles to be derived from that judgment. In Correia v University Hospital of North Staffordshire NHS Trust [2017] and Diamond v Royal Devon and Exeter NHS Foundation Trust [2019], however, the Court of Appeal sought to clarify the scope and limits of Chester. Read More

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Allocation of scarce resources in a pandemic.

Cas Lek Cesk 2021 ;160(2-3):47-51

The allocation of scarce medical resources during a pandemic is one of the most challenging medical doctors' decisions. Although these decisions are based on the best medical knowledge and lege artis practice, they are inextricably intertwined with ethical and prudential (related to the patients' well-being) values. This article stresses the importance of ethical decision making during the whole process of allocation. Read More

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The Societal Response to Psychopathy in the Community.

Int J Offender Ther Comp Criminol 2021 Jun 15:306624X211023918. Epub 2021 Jun 15.

Donders Institute for Brain, Cognition and Behaviour, Radboud University, Nijmegen, The Netherlands.

The harm usually associated with psychopathy requires therapeutically, legally, and ethically satisfactory solutions. Scholars from different fields have, thus, examined whether empirical evidence shows that individuals with psychopathic traits satisfy concepts, such as responsibility, mental disorder, or disability, that have specific legal or ethical implications. The present paper considers the less discussed issue of whether psychopathy is a disability. Read More

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The precautionary principle and genetically modified organisms: A bone of contention between European institutions and member states.

Authors:
Alessandra Guida

J Law Biosci 2021 Jan-Jun;8(1):lsab012. Epub 2021 May 19.

Macquarie Law School, Macquarie University, Sydney, New South Wales, Australia.

This manuscript examines how the Precautionary Principle has been applied to provide a mechanism for protection of the environment and health in response to the introduction of Genetically Modified Organisms (GMOs) in Europe. It discusses how the Court of Justice of the European Union (CJEU) handled national requests across four cases in which Member States had failed in their attempt to trigger the Precautionary Principle in order to uphold a ban or suspension of the cultivation or sale of GMOs in their territory. The analysis of these judgements suggests that the court has applied a narrow interpretation to the scientific evidence emerging from risk assessments, and has thereby limited the potential for precautionary measures by Member States to be upheld by the court. Read More

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HIV DISCLOSURE-PROFESSIONAL BODY GUIDELINES, THE LAW AND THE BOUNDARIES OF MEDICAL ADVICE.

Med Law Rev 2021 May 19. Epub 2021 May 19.

North Cumbria Integrated Care NHSFT, Pillars Building, Cumberland Infirmary, Infirmary Street, Carlisle, CA2 7HY, UK.

This article examines the current BHIVA/BASHH guidelines on the disclosure of HIV+ status in the context of sexual activity. It assesses whether the guidance provided on how to avoid criminal prosecution accurately reflects the prevailing position in law. Given that aspects of the guidance related to non-disclosure of HIV infection in the context of low or negligible risk are as yet untested in UK law, it is argued that there is some uncertainty as to whether the professional body guidelines and the law can be reconciled with each other. Read More

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[The normative legal regulation of medical care support of rare (orphan) diseases in adult population of The Russian Federation].

Probl Sotsialnoi Gig Zdravookhranenniiai Istor Med 2021 Mar;29(2):270-277

N. A. Semashko National Research Institute of Public Health, 105064, Moscow, Russia.

The article considers the results of legal regulation analysis of medical care support including medication maintenance of adult patients suffering from rare diseases exemplified by life-threatened and chronic progressed rare (orphan) diseases resulting in life expectancy decrease and or disability ("List-24").

Materials And Methods: Law database was analyzed in terms of current orders of medical care provision, standards of medical care, and clinical guidelines for rare diseases from "List-24" regarding to adult patients.

Results: It is concluded that there are no determined rules of medical care provision to adult population in case of rare diseases from "List-24". Read More

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Considerations surrounding remote medicolegal assessments: a systematic search and narrative synthesis of the range of motion literature.

ANZ J Surg 2021 Apr 23. Epub 2021 Apr 23.

Barrister, Castan Chambers, Melbourne, Victoria, Australia.

Remote telehealth practices were forced to advance 10 years in a few short weeks in March 2020 due to the onset of a global pandemic. In the sphere of non-clinical medicine, a dramatic element of uncertainty entered the psyche of doctors and lawyers in relation to the validity of remote or virtual independent medical examination (vIME). This paper considers the key issues surrounding the virtual assessment of clients for medicolegal purposes. Read More

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A "Hijacked Salaried Status" in French Cooperatives of Freelance Workers: The Political Meaning of Shifts Between Standard and Non-standard Employment.

Authors:
Flora Bajard

Front Sociol 2020 27;5:36. Epub 2020 May 27.

Aix Marseille Univ, LEST (UMR 7317), Marseille, France.

This article considers a specific sub-type of non-standard employment-self-employment-through a particular type of cooperative in France: the Business and Employment Cooperatives (BEC), i.e., collectives of freelance workers. Read More

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'Rape myths' and a 'reasonable belief' of consent [2017] NSWCCA 279.

Psychiatr Psychol Law 2020 5;27(5):750-777. Epub 2020 May 5.

Prison Mental Health Service, Queensland Health, Brisbane, Australia.

Judicial directions in rape trials are designed to emphasise to jury members the importance of negating consent or that the accused believed on reasonable grounds that the complainant consented. After a jury convicted the accused in [2015], the NSW Court of Appeal in [2016] NSWCCA 52 found that the trial judge misdirected the jury on the question of the state of mind of the accused at the time of the alleged rape. After a judge sitting without a jury acquitted the accused, the NSW Court of Appeal in [2017] NSWCCA 279 found that the judge in the re-trial failed to direct herself in relation to making a finding about the steps taken by the accused to establish whether the complainant was consenting. Read More

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Supported Decision-Making for People Living with Dementia: An Examination of Four Australian Guardianship Laws.

J Law Med 2021 Mar;28(2):389-420

Research Fellow Centre of Excellence in Population Ageing Research, University of New South Wales.

Australia is obliged under the Convention on the Rights of Persons with Disabilities to provide decision-making support to people with cognitive impairment. While there has been considerable recent activity looking at how the law should respond to the challenges raised by the Convention, there has been little discussion in Australia of how these changes will impact upon the care of people with dementia (the largest class of person with cognitive impairment in Australia). This section examines current Australian legal approaches to decision-making for people with dementia in four jurisdictions (New South Wales, South Australia, Victoria and Western Australia) through an analysis of reported tribunal decisions in each of these jurisdictions. Read More

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Ethical and Legal Considerations of Alternative Neurotherapies.

AJOB Neurosci 2021 Mar 24:1-13. Epub 2021 Mar 24.

University of Pennsylvania.

Neurotherapies for diagnostics and treatment-such as electroencephalography (EEG) neurofeedback, single-photon emission computerized tomography (SPECT) imaging for neuropsychiatric evaluation, and off-label/experimental uses of brain stimulation-are continuously being offered to the public outside mainstream healthcare settings. Because these neurotherapies share many key features of complementary and alternative medicine (CAM) techniques-and meet the definition of CAM as set out in Kaptchuk and Eisenberg-here we refer to them as "alternative neurotherapies." By explicitly linking these alternative neurotherapy practices under a common conceptual framework, this paper draws attention to, and critically considers, the cross-cutting ethical and legal issues related to the provision of these services. Read More

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Prioritising 'already-scarce' intensive care unit resources in the midst of COVID-19: a call for regional triage committees in South Africa.

BMC Med Ethics 2021 03 22;22(1):28. Epub 2021 Mar 22.

Department of Family Medicine, School of Nursing and Public Health, University of KwaZulu-Natal, KwaZulu-Natal, South Africa.

Background: The worsening COVID-19 pandemic in South Africa poses multiple challenges for clinical decision making in the context of already-scarce ICU resources. Data from national government and the last published national audit of ICU resources indicate gross shortages. While the Critical Care Society of Southern Africa (CCSSA) guidelines provide a comprehensive guideline for triage in the face of overwhelmed ICU resources, such decisions present massive ethical and moral dilemmas for triage teams. Read More

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The Structure, Function, and Future of Mental Health Law.

Authors:
Stephen J Morse

Perspect Biol Med 2021 ;64(1):56-69

This essay considers the foundational rationale for why the law treats at least some mentally disordered people specially in a wide array of civil and criminal contexts. It suggests that non-responsible incapacity for rational behavior in specific contexts is the primary principle that warrants special legal treatment. It also considers the major distractions and confusions about why such special treatment is sometimes justifiable. Read More

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January 2021

A New Argument for No-Fault Compensation in Health Care: The Introduction of Artificial Intelligence Systems.

Health Care Anal 2021 Sep 21;29(3):171-188. Epub 2021 Mar 21.

Department of Law, School of Social Sciences, The University of Manchester, Manchester, U.K.

Artificial intelligence (AI) systems advising healthcare professionals will be widely introduced into healthcare settings within the next 5-10 years. This paper considers how this will sit with tort/negligence based legal approaches to compensation for medical error. It argues that the introduction of AI systems will provide an additional argument pointing towards no-fault compensation as the better legal solution to compensation for medical error in modern health care systems. Read More

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September 2021

RESPONSIBLE PRACTICE OR RESTRICTED PRACTICE? AN EMPIRICAL STUDY OF THE USE OF CLINICAL GUIDELINES IN MEDICAL NEGLIGENCE LITIGATION.

Med Law Rev 2021 Mar 8. Epub 2021 Mar 8.

School of Law, Policing and Forensics, Staffordshire University, UK.

In medical negligence litigation, the standard for breach of duty is measured against the Bolam test which reflects accepted practice. Despite protracted debate and common law development, the Bolam standard remains the touchstone for litigation in this area. Clinical guidelines (CGs) are statements based upon best available medical evidence and are designed to facilitate clinical decision-making to optimise outcomes thereby reflecting expected practice. Read More

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Variational Autoencoder Modular Bayesian Networks for Simulation of Heterogeneous Clinical Study Data.

Front Big Data 2020 28;3:16. Epub 2020 May 28.

Department of Bioinformatics, Fraunhofer Institute for Algorithms and Scientific Computing (SCAI), Sankt Augustin, Germany.

In the area of Big Data, one of the major obstacles for the progress of biomedical research is the existence of data "silos" because legal and ethical constraints often do not allow for sharing sensitive patient data from clinical studies across institutions. While federated machine learning now allows for building models from scattered data of the same format, there is still the need to investigate, mine, and understand data of separate and very differently designed clinical studies that can only be accessed within each of the data-hosting organizations. Simulation of sufficiently realistic virtual patients based on the data within each individual organization could be a way to fill this gap. Read More

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Gender dysphoria in adolescents: can adolescents or parents give valid consent to puberty blockers?

J Med Ethics 2021 Mar 10. Epub 2021 Mar 10.

Centre for Social Ethics and Policy (CSEP), Law School, School of Social Sciences, The University of Manchester, Manchester, UK.

This article considers the claim that gender diverse minors and their families should not be able to consent to hormonal treatment for gender dysphoria. The claim refers particularly to hormonal treatment with so-called 'blockers', analogues that suspend temporarily pubertal development. We discuss particularly four reasons why consent may be deemed invalid in these cases: (1) the decision is too complex; (2) the decision-makers are too emotionally involved; (3) the decision-makers are on a 'conveyor belt'; (4) the possibility of detransitioning. Read More

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Knowledge of Depression and Malingering: An Exploratory Investigation.

Eur J Psychol 2020 Mar 3;16(1):32-44. Epub 2020 Mar 3.

Department of Psychology, Leeds Trinity University, Leeds, United Kingdom.

Malingering mental disorder for financial compensation can offer substantial rewards to those willing to do so. A recent review of UK medico-legal experts' practices for detecting claimants evidenced that they are not well equipped to detect those that do. This is not surprising, considering that very little is known regarding why individuals opt to malinger. Read More

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Evaluation of the occurrence of pathogenic free-living amoeba and bacteria in 20 public indoor swimming pool facilities.

Microbiologyopen 2021 01;10(1):e1159

Instituto Universitario de Enfermedades Tropicales y Salud Pública de Canarias, Universidad de La Laguna, Tenerife, Spain.

Recently, indoor swimming pool activities have increased to promote health-enhancing physical activities, which require establishing suitable protocols for disinfection and water quality control. Normally, the assessment of the microbial quality of the water in the pools only considers the presence of different bacteria. However, other less frequent but more resistant pathogens, such as free-living amoebas (FLA), are not contemplated in both existing recommendation and research activities. Read More

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January 2021

The potency of the butterfly: The reception of Richard B. Goldschmidt's animal experiments in German sexology around 1920.

Authors:
Ina Linge

Hist Human Sci 2021 Feb 4;34(1):40-70. Epub 2020 Jun 4.

University of Exeter, UK.

This article considers the sexual politics of animal evidence in the context of German sexology around 1920. In the 1910s, the German-Jewish geneticist Richard B. Goldschmidt conducted experiments on the moth , and discovered individuals that were no longer clearly identifiable as male or female. Read More

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February 2021

Do recipients of the first dose of the Pfizer/BioNTech vaccine in December have a legal case against the UK government's decision to postpone their second dose?

Med Leg J 2021 Jun 22;89(2):67-70. Epub 2021 Feb 22.

Barrister, formerly of Old Square Chambers, (now retired).

The Covid-19 pandemic in the UK has been greatly worsened by the mutation of the virus, which began in the South East and was rapidly spreading and in danger of overwhelming the NHS as hospital admissions and deaths continued to rise. In consequence, the Chief Medical Officers of all four nations supported the UK government's sudden decision to delay the second dose of the Pfizer/BioNtech and Oxford/AstraZeneka vaccines for 12 weeks (instead of 3) so that more people in the most vulnerable population groups would receive a first dose and some immunity sooner. The expectation is that this strategy would reduce hospital admissions and deaths. Read More

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[The normative legal regulation of expertise of medical care quality in the Russian Federation].

Probl Sotsialnoi Gig Zdravookhranenniiai Istor Med 2021 Jan;29(1):139-143

The P. A. Herzen Moscow Research Oncological Institute the Branch of The Federal State Budget Institution «The National Medical Research Center of Radiology» of Minzdrav of Russia, 125284, Moscow, Russia.

In modern conditions, the support of quality of medical care is one of key issues in health care management. Therefore, quality control issues are most important ones. The effective tool for monitoring quality of medical care is the medical care quality expertise. Read More

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January 2021

[The increasing of role of paramedical personnel under application of remote ultrasound studies].

Probl Sotsialnoi Gig Zdravookhranenniiai Istor Med 2021 Jan;29(1):130-134

The State Budget Institution of Health Care of the Nizhegorodskaia Oblast «The Municipal Hospital № 33», 603076, Nizhny Novgorod, Russia.

The ultrasound studies are highly informative diagnostic methods. The modern ultrasound devices can be applied as component of mobile telemedicine systems that can significantly increase availability of medical care. However, application of ultrasound scanners requires inclusion of ultrasound diagnostics specialist in the medical team that is not always nor possible or appropriate. Read More

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January 2021

"I would want to pay her": Challenging altruistic egg exchanges in Canada through moral patchworks.

Authors:
Skye A Miner

Soc Sci Med 2021 03 30;272:113733. Epub 2021 Jan 30.

Department of Sociology, McGill University, Room 712, Leacock Building, 855 Sherbrooke Street West, Montreal, QC, H3A 2T7, Canada. Electronic address:

Studies surrounding egg donation often occur within existing legal marketplaces showing how language of altruism and gift is employed to uphold gendered standards of femininity and morality. This article examines how women negotiate those gendered and moral standards under the Canadian Assisted Human Reproduction Act (AHRA), which prohibited the market exchange of eggs through the criminalization of paid egg donation. Through 71 in-depth semi-structured interviews with health care professionals (n = 51) and egg donation recipients (n = 20), I argue that participants in these exchanges use a patchwork of moral framings to question the ethicality of the act and the gendered links between altruism, morality and femininity. Read More

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