Fiduciary Relationship Research Articles

Performance, interpersonal relationships and professional satisfaction: determinants to support pharmaceutical reengineering

Professionalism represents the ethical contract that binds professionals and society. Its technical aspects, such as the professional practice model, form the foundation for attitudinal and behavioral characteristics, including the fiduciary relationship between pharmacists and patients. Despite significant interest in the topic, contextualizing professionalism proves to be a challenging endeavor, relying on collaboration among formal leaders, academics, and practitioners in the field. Consequently, defining, understanding, teaching, and evaluating pharmaceutical professionalism contribute to shape societal perceptions and the understanding of pharmacists and students, who may occasionally struggle to grasp the underlying rationale behind professional practices. Moreover, contextualizing professionalism entails addressing various challenges, such as fostering support for professionalism and its adaptation, which encompasses pharmacists' performance across diverse clinical services, their interpersonal interactions with patients, families, communities, and fellow healthcare professionals, as well as personal job satisfaction amidst obstacles as job insecurity, ethical dilemmas, and compromised autonomy.

Fiduciary relationships

Fiduciary relationships

The profession that came in from the cold: Trust and distrust in espionage

Abstract Trust and distrust are important elements of the fiduciary relationship in the professions. Whether to trust or to distrust someone is a decision that has real consequences for success or failure of secret operations in undercover policing, in fraud investigation, or in audit. In this article, we focus on the spying profession as an extreme context in which we attempt to answer the question: how do spies navigate the trust/distrust dynamic in their work? The world of spies has often been out of bounds for those studying the professions and given that field studies in this context are extremely difficult, we analyzed biographies and autobiographies of secret agents. Based on our analysis, we identified different functions of trust and distrust: trust can be used as an instrument of manipulation and an option of last resort, while distrust is a protective mechanism aimed at shielding from vulnerability. We argue that a better understanding of trust and distrust dynamic may illuminate some of the behaviours of people in other professions.

Assessing Public Reason Approaches to Conscientious Objection in Healthcare.

Sometimes healthcare professionals conscientiously refuse to treat patients despite the patient requesting legal, medically indicated treatments within the professionals' remit. Recently, there has been a proliferation of views using the concept of public reason to specify which conscientious refusals of treatment should be accommodated. Four such views are critically assessed, namely, those of Robert Card, Massimo Reichlin, David Scott, and Doug McConnell. This paper argues that McConnell's view has advantages over the other approaches because it combines the requirement that healthcare professionals publicly justify the grounds of their conscientious refusals of treatment with the requirement that those grounds align with minimally decent healthcare. This relatively restrictive approach accommodates conscientious refusals from minimally decent healthcare professionals while still protecting good healthcare, the independence of the healthcare professions, and the fiduciary relationships.

Replace government healthcare with patient-controlled health care

The purpose of the article is to analyse the shortcomings of the state-run healthcare systems and to substantiate the need for and feasibility of transition to a patient-controlled model. It is shown that patient-controlled health care, free from centralised domination, can provide timely, high-quality, compassionate medical care at an affordable price for both individuals and the nation. It significantly expands the patient’s rights and opportunities to choose a doctor according to their own preferences and financial capabilities. The patient pays for the medical service provided directly to the doctor, who no longer has restrictions on choice of treatment protocols or prescription of medicines. The analysis in the article is based mainly on the example of the United States, where federal control for residents is both direct (194 million Americans are covered by Medicaid, Medicare, Tricare or EMTALA) and indirect (138 Americans have private insurance). In addition, aspects of the article analysis also apply to single-payer countries (Canada, the United Kingdom, France and Spain). The article examines the shortcomings of the current US model of its healthcare system in terms of its compliance with the Constitution. It is noted that, according to the Tenth Amendment to the US Constitution, healthcare powers are not among the 18 powers delegated to the federal government. Also, non-compliance with the law is also observed: government control or administration of state Medicaid programmes is contrary to US law; medical autonomy as the patient’s ability to make personal medical decisions without undue influence from the state. Another disadvantage of state-run healthcare system is that state-controlled healthcare payment structure violates the fiduciary relationship between doctor and patient, as doctors’ authority to make medical decisions is limited. It also calls into question the observance in the United States of the citizen’s “right” to receive medical care in its interpretation as a personal service of a professional caregiver when a patient can demand the desired care and the service provider cannot refuse. The article emphasises that state-run healthcare systems create a conflict between efficient use of financial resources and effective provision of medical care. This issue is considered through the prism of the interests of the main stakeholders: shareholders of companies operating in this area, politicians, patients, healthcare providers and administrators. As evidence of the inefficiency of the existing US healthcare system in comparison with other countries, comparative data for different countries on life expectancy and incidence rates of a number of diseases are provided. The author also discusses the problem of limiting access to medical care (rationing) for patients with public health insurance due to a shortage of healthcare professionals accepting new Medicaid patients. This is caused by low reimbursement rates, overly bureaucratic verification procedures for obtaining payment, overregulation of requirements for doctor-patient relations and procedures for reviewing medical errors, the need to comply with population-based clinical algorithms, etc. It leads to a decrease in the quality of medical care, an increase in patient deaths while waiting for medical care, the risk of disease complications due to delays in diagnosis and timely treatment, ignoring the needs of unique, individual patients, and an increase in the likelihood of medical errors. All of the above disadvantages of state-run healthcare are obviated when the patient is in charge, patient-controlled health care.

Comparative study on informed consent regulation in health care among Italy, France, United Kingdom, Nordic Countries, Germany, and Spain

The information and subsequent expression of will, so-called informed consent, have become the essential element of health right, understood as the right to autonomous choice in health, based on the fiduciary relationship between physician and patient. This gradually leads European Countries to adopt special legislations and to issue frequent judgments on the subject. However, new challenges in daily clinical practice call for further study of legal solutions. The authors analyse and compare the regulations on informed consent in health care of Italy, France, the United Kingdom, the Nordic Countries, Germany, and Spain. The health and legal contexts, existence of special regulations on informed consent and their characteristics are discussed. Informed consent resulted a mandatory requirement. Clear communication about treatment, therapeutic alternatives, and major risks, discussed in conversation, but preferably documented in writing, are agreed upon. The possibility of dissent and withdrawal of consent are also included. There is a growing interest in involving and regulating the entire health team in information and consent. Lowering the age of consent for minors or analysing the maturity of minors are attempts to increase their participation in health decisions. On another side, the protection of adult incapables persons requires greater involvement of family and fiduciaries to better adapt to changing health needs. Health policy must take responsibility for training health professionals and citizens about the value of health information and communication as a shared choice in care planning, to strengthen the bond of trust with the healthcare system and users.

The Role of Marketing in The Dynamics of Real Estate Leasing in Peru: Findings, Challenges and Solutions

Purpose: The main objective of this study is to quantify the impact of marketing strategies on real estate leasing in the Peruvian context. Theoretical framework: An exhaustive review of the academic literature was carried out to gain an in-depth knowledge of the existing paradigms related to real estate marketing and the leasing phenomenon. Design/Methodology/Approach: A quantitative, descriptive-explanatory methodology was chosen. A structured questionnaire was administered to a representative sample of 30 tenants. Results: The data collected evidenced a notable correlation between marketing tactics and lease rates, with a significant p-value (less than 0.05). Also, Spearman's Rho and Kendall's Tau_b correlation coefficients of 0.678 and 0.632, respectively, were found. It was observed that approximately half of the contracts analyzed are not duly registered with SUNARP, and there was a lack of detailed information on the tenant profile in about one third of the real estate developments. Practical and social implications: The lack of registration of contracts generates an environment of legal vulnerability, increasing the risk of legal conflicts between the parties involved. The absence of information on the tenant's profile may hinder the proper selection of tenants. Emphasis is placed on the proposal to establish effective conflict resolution mechanisms and on the imperative need for transparency in fee structures, seeking to strengthen the fiduciary relationship between landlords and tenants. Originality/value: This study provides an innovative view on the impact of marketing strategies in the Peruvian leasing sector. It provides empirical and quantitative evidence on current contractual practices and the presentation of properties in the market. It highlights the urgent need to refine current strategies to consolidate a transparent and reliable leasing market in Peru.

Juridical Review of Investor Protection in Insider Trading Regulations in the Indonesian Capital Market

This article will discuss the protection of investors in the event of insider trading committed by persons who do not have a fiduciary duty relationship with the issuer. The crime of insider trading is difficult to prove and the perpetrator of the crime can be released from the law, which is a person outside of fiduciary duty. Therefore, the author examines the juridical review of investor protection in the event of insider trading whose perpetrators are people outside of fiduciary duty in the capital market using a legislative and conceptual approach. The findings of this research are that in order for the perpetrators outside the fiduciary duty to be sanctioned, capital market regulation in Indonesia must embrace misappropriation theory. As well as the responsibility in order to protect investors is an individual responsibility, where the responsibility is explained in Article 104 of the capital market law.

Curing the Cancer in Healthcare

Abstract Cancer occurs when an organ in the body or a part of a system goes rogue and grows without limit, eventually killing the host. Healthcare systems worldwide are critically ill with cancer. Patients are experiencing death-by-queue. Systems thinking exposes the cancer in healthcare, its mechanism of action, and how to cure it. Manifestations of healthcare cancer include shortages, especially of physicians; dollar inefficient, over-spending by most nations, particularly the U.S.; medical care itself unaffordable for most people; and accessibility to care so limited that people are dying waiting in line for care. Effects of malignancy in healthcare include flouting the law; taking away medical autonomy; asserting a right to health care that is incompatible with freedom; elimination of the fiduciary relationship; and imposition of medical tyranny. The cancer imposes its will on healthcare systems by controlling its financing and thereby controlling medical decision-making. The cure involves restoring decision-making authority – both financial and medical – to the patients, taking it away from the cancer. Details of this “cure” are discussed including impacts on patients, providers, and finances. Patient-controlled health care is the only way to achieve timely, compassionate, quality, affordable care to We the Patients.

Directors, Concurrent Fiduciary Duties, and Ad Hoc Fiduciary Relationships

Directors, Concurrent Fiduciary Duties, and Ad Hoc Fiduciary Relationships

Independence of Independent Directors

INTRODUCTION A company is a legal entity of its own, but being an artificial person, they also constitute a body for controlling their affairs, which are the board of directors. A board of directors is the governing body of a company, whose members are elected by shareholders (in the case of public companies) to set strategy, oversee management, and protect the interests of shareholders and stakeholders. Every public company must have a board of directors. The independent director—also known as an outside director—is a member of a board of directors who brings a unique, unbiased perspective. The term “independent director” is commonly used to denote a director who's not an employee of the firm or organization where they serve on a board. OBJECTIVE OF RESEARCH There are mainly two controlling bodies present in a company; Shareholders and the Board of Directors. The difference between the shareholders and directors is based on the formation and setup of the company. It is the basis of corporate governance where there is a separation of duties and responsibilities. Mainly the shareholders are the owners of the company or business they are they provide funds to the business in the form of capital. While the directors are the managers of the business, they are the decision-makers in the daily running of the business. While the shareholders have rights to their investments, the directors have responsibilities towards the shareholders and all the stakeholders. The significance of Independent directors is that they don’t have a conflict of interest with the companies where they serve. They bring unique expertise, perspective, and background to the boardroom table. And most importantly, they help maintain an objective viewpoint during decision-making. This paper tries to highlight the the importance of the unbiased outlook of the independent directors and how if that outlook is dismayed, the entire purpose gets defeated. The independent directors’ main duties and responsibilities typically include: Protect the interests of all stakeholders, Balance the interests of all stakeholders while making deliberations. The directors have fiduciary relationship with the shareholders and not the management. There are instances where the objectives of management differ from those of the wide body of shareholders. The non-executive directors must be able to speak up in the interest of the ultimate owners and discharge their fiduciary oversight functions. this is the reason that the independence has become such a critical issue in determining the composition of any Board. CONCLUSION This paper aims at critically examining the flaws in the functioning of the independent directors and how it affects the purpose of their creation through case studies and decided case laws.

FIDUCIJARNO VLASNIŠTVO U ZAKONU O VLASNIŠTVU I DRUGIM STVARNIM PRAVIMA I OVRŠNOM ZAKONU – TEMELJNE RAZLIKE UREĐENJA INSTITUTA I NEKA KOMPARATIVNA RJEŠENJA

Fiducia and, in relation with it, fiduciary ownership, was introduced into the Croatian legal system with the adoption of the Act on Ownership and Other Real Rights in 1996. Soon after, the institute was also introduced in the Enforcement Act., which regulates the institute as lex specialis. What is particularly interesting about fiducia and fiduciary ownership in Croatian legislation, and what is at the center of the author’s scientific interest in this paper, are the irreconcilable conceptual differences in the regulation of the institute between the Act on Ownership and Other Real Rights and the Enforcement Act. After presenting the fundamental differences between regulations in the Act on Ownership and Other Real Rights and Enforcement Act, some comparative solutions shall be presented – those in the former SFRJ states and in the Federal Republic of Germany. Based on the research carried out in this way, the authors ask the question whether legal solutions in the Enforcement Act should be modeled on those in the Act on Ownership and Other Real Rights, which arrangement should be given priority, and whether this would contribute to the equality of parties in the fiduciary insurance relationship, i.e. the realization of the principle of fairness.

Defining medical liability when artificial intelligence is applied on diagnostic algorithms: a systematic review

Artificial intelligence (AI) in medicine is an increasingly studied and widespread phenomenon, applied in multiple clinical settings. Alongside its many potential advantages, such as easing clinicians’ workload and improving diagnostic accuracy, the use of AI raises ethical and legal concerns, to which there is still no unanimous response. A systematic literature review on medical professional liability related to the use of AI-based diagnostic algorithms was conducted using the public electronic database PubMed selecting studies published from 2020 to 2023. The systematic review was performed according to 2020 PRISMA guidelines. The literature review highlights how the issue of liability in case of AI-related error and patient’s damage has received growing attention in recent years. The application of AI and diagnostic algorithm moreover raises questions about the risks of using unrepresentative populations during the development and about the completeness of information given to the patient. Concerns about the impact on the fiduciary relationship between physician and patient and on the subject of empathy have also been raised. The use of AI in medical field and the application of diagnostic algorithms introduced a revolution in the doctor–patient relationship resulting in multiple possible medico-legal consequences. The regulatory framework on medical liability when AI is applied is therefore inadequate and requires urgent intervention, as there is no single and specific regulation governing the liability of various parties involved in the AI supply chain, nor on end-users. Greater attention should be paid to inherent risk in AI and the consequent need for regulations regarding product safety as well as the maintenance of minimum safety standards through appropriate updates.

Not Just Non-Consensual Pelvic Exams

Not Just Non-Consensual Pelvic Exams

THE ORIGINS OF THE TRUST DOCTRINE FOR THE INDIGENOUS PEOPLES: A COMMENTARY FROM THE MALAYSIAN PERSPECTIVE

The Trust Doctrine governs the fiduciary relationship between the state and indigenous peoples, in which the state acts as a trustee for the benefit of its indigenous peoples. However, many states have failed to fulfil their duty and have acted oppressively towards the indigenous peoples. This study critically examines the background and origins of the Trust Doctrine from the United States, its practical application in the state-indigenous relationship, and the efforts made towards a positive translation of the doctrine. In addition, the study explores the impact of a positive implementation of the Trust Doctrine in Malaysia and on the international stage, particularly in the context of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). By analysing the Trust Doctrine's origins, application, and impact, this study highlights the challenges and opportunities for the rights of indigenous peoples (Orang Asli) in Malaysia and beyond. The study emphasises the significance of transforming the Trust Doctrine into a meaningful tool for promoting and protecting the rights of indigenous peoples, while also recognising its potential for environmental protection. Ultimately, this study contributes to the ongoing global discussion on the rights of indigenous peoples and the need for more effective state-indigenous relations. The research methodology employed in this study involves a doctrinal legal research approach and utilises the content analysis method to gather perspectives from the international context and apply them to the Malaysian context.

Interpretation of Exercising Rights to Rescind Voluntary Guardianship Agreements under the Chinese Civil Code

The Article 33 of the Chinese Civil Code provides written voluntary guardianship agreements and the Article 11 of the newly issued Interpretation provides arbitrary rescission rights and statutory rescission rights concerning the agreements. Some aspects related to exercising the rescission rights including fiduciary relationship, time limit, legal effects and circumstances, are interpreted in detail in this paper firstly and then rescission rights by agreement stipulated in the Article 562 of the Chinese Civil Code are discussed in terms of connotation and civil subjects. There after, the two principles including the principle of best interests and the principle of protecting self-determination rights for exercising rescission rights are examined in theory and in practice. In the end, in terms of practical application of rescission rights, it is pointed out that some problems regarding possible abuse and time limit of rescission rights remain to be solved for the future interpretation of the Chinese Civil Code.

Black box problem and African views of trust

This article draws on the thinking about trust in African scholarship to describe the problems black box clinical artificial intelligence (AI) generates in health professional-patient relationships. Notably, under the assumption of a black box problem, the view of trust as inherently relational implies that health professionals cannot explain whether and how a clinical AI incorporates a patient’s values or leverages the same (in its outputs) to honour fiduciary relations. Additionally, the African view of trust as experience-based and accepting responsibility implies that health professionals can neither be held accountable for black box clinical AI outputs that they can hardly understand nor provide material information (concerning what the clinical AI does and why). Finally, given the understanding of trust as a normative concept, health professionals cannot accept patients’ vulnerabilities, and patients cannot give the same. Given that trust will play a vital role in the global acceptance of clinical AI, future studies should research—from other positionalities—how the black box problem will challenge the relationship of trust in the medical context.

A SCHOLARLY CONSIDERATION ON THE THEORIES AND LITERATURE OF TAX REFORMS IN SIERRA LEONE

<p>This study examines how tax reforms have been implemented and how it has influenced Sierra Leone's ability to streamline fiscal structures. The topic of tax revenue mobilization is becoming more and more popular and crucial for emerging nations. The fiscal arrangement that exists between taxpayers and the current political administration is a fiduciary relationship that binds both parties to the right and obligation to effectively and efficiently mobilize revenues. The tax system in use has had a significant impact on government revenue since it allows for loopholes, dishonest tax authorities, inadequate data, and many other issues. This study also applauds the government for strengthening corporate tax authority plans and putting local restrictions on large corporations and foreign governments who conduct business in Sierra Leone. By doing this, taxpayers and tax authorities will be encouraged to be accountable, transparent, and compliant. Additionally, Sierra Leone's tax administration underwent a number of modifications between 2014 and 2019, although nothing is known about how well those reforms fared in terms of raising tax revenue. In fact, reform as a factor affecting tax collection has received little attention in the research on what motivates domestic resource mobilization. The paper evaluates whether reforms are crucial for raising tax revenue by taking into account various aspects of reforms in the tax administration, including tax-related reforms and reforms related to institutions, and using various econometric methods based on ordinary least squares, instrumental variable two-stage least squares, and iteratively reweighted least squares. According to the findings, tax reforms, institutional reforms, and all other reforms put together have greatly improved tax revenue performance. The main takeaway is that greater institutional and tax-related reforms are essential for sustainingly increasing tax revenue collection.</p><p><strong> </strong></p><p><strong>JEL</strong>: E61, E62, P35</p><p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/soc/0057/a.php" alt="Hit counter" /></p>

Learning and knowledge transfer by humans and digital platforms: which tools best support the decision-making process?

PurposeThis study aims to investigate the impact of technologies on the knowledge transfer process. In particular, the authors aim to analyze the topic of knowledge brokers and the relationship between broker and digital tools in the knowledge transfer process in the sport context. The study developed, therefore, aims to investigate the creating of this environment for knowledge transfer and knowledge sharing between man and machine, looking to improve the planning of technical sports projects of the clubs.Design/methodology/approachThis paper presents a qualitative approach aimed at analyzing how platforms and the players’ agents can be useful tools in the knowledge transfer process. The research was conducted through a survey with a structured questionnaire via e-mail to 64 managers at the head of clubs playing in the Italian Series B basketball in the 2021–2022 championship. The total number of questions administered is 21.FindingsThe results demonstrate how sports directors, for the construction of a technical sports project, in addition to learning off the pitch by interactions with media, fans, pressure management, leadership skills, positive attitude, tolerance, understanding of other opinions, background and cultures, see the athletes’ agents as the main stakeholder of the managers. The research resulted, by the clubs’ managers, in both formal learning and informal-type learning. Informal learning, by far the most frequently used and most important in the general learning process of executives, is identified in the use that executives make of information available on digital platforms and of the fiduciary relationships that management has with players’ agents.Originality/valueThe results demonstrate the valuable opportunities for executives, coaches, managers and clubs to strategically manage learning and knowledge sharing. Improving and managing knowledge-sharing strategies would help increase knowledge, not only of the sports directors but also of the entire club, thus improving the absolute quality of the game within the Italian basketball divisions. The authors have developed an innovative framework regarding the construction of a “typed sports technical project”, and the authors have identified a series of crucial phases capable of determining the creation of a new roster of athletes.

Analysis of the Application of Banking Principles Related to Loss of Priority Customer Funds (Case Study of PT. Bank Rakyat Indonesia Tbk Takengon Branch Office)

The basic foundations in the world of banking have a great influence on the economy in Indonesia so that it will have an impact on banking activities. In essence, the function of banking is to unite public funds consisting of savings and redistribute public funds in the form of credit so as to improve the community's economic order as explained in Law Number 10 of 1998 concerning Banking. There are four types of banking principles, namely the fiduciary relations principle, the prudential principle, the secrecy principle, and the know-how customer principle. These four banking principles will be closely related to the cases that have been passed by PT. Bank Rakyat Indonesia Takengon Branch in relation to the case of missing priority customer funds. This article aims to know, understand, and analyze banking laws, especially the application of the principles related to the loss of priority customer funds. The research method uses normative legal research as it is based on laws and conceptual legal research. The results of research from this legal science journal are that there are actions that are not in accordance with applicable legal provisions and this case is directed at PT. Bank Rakyat Indonesia Takengon branch that does not heed or apply banking principles regarding the loss of priority customer funds. Thus, the analysis of cases of loss of priority customer funds is not only reviewed in terms of banking principles, but also the accountability of the bank. The research method uses normative legal research as it is based on laws and conceptual legal research. The results of research from this legal science journal are that there are actions that are not in accordance with applicable legal provisions and this case is directed at PT. Bank Rakyat Indonesia Takengon branch that does not heed or apply banking principles regarding the loss of priority customer funds. Thus, the analysis of cases of loss of priority customer funds is not only reviewed in terms of banking principles, but also the accountability of the bank. The research method uses normative legal research as it is based on laws and conceptual legal research. The results of research from this legal science journal are that there are actions that are not in accordance with applicable legal provisions and this case is directed at PT. Bank Rakyat Indonesia Takengon branch that does not heed or apply banking principles regarding the loss of priority customer funds. Thus, the analysis of cases of loss of priority customer funds is not only reviewed in terms of banking principles, but also the accountability of the bank. The results of research from this legal science journal are that there are actions that are not in accordance with applicable legal provisions and this case is directed at PT. Bank Rakyat Indonesia Takengon branch that does not heed or apply banking principles regarding the loss of priority customer funds. Thus, the analysis of cases of loss of priority customer funds is not only reviewed in terms of banking principles, but also the accountability of the bank. The results of research from this legal science journal are that there are actions that are not in accordance with applicable legal provisions and this case is directed at PT. Bank Rakyat Indonesia Takengon branch that does not heed or apply banking principles regarding the loss of priority customer funds. Thus, the analysis of cases of loss of priority customer funds is not only reviewed in terms of banking principles, but also the accountability of the bank.