Legal Partnership Research Articles

An Unpublished Manuscript of Hugo Grotius: ‘On Public Partnership with Unbelievers’ (De societate publica cum infidelibus): Introduction, Transcription and English Translation

Abstract This introduction presents an analysis of Grotius’s treatise ‘On Public Partnership with Unbelievers’ (De societate publica cum infidelibus). It was probably written between 1606 and 1609, when Grotius served as a legal advisor of the Dutch East India Company (voc). In his treatise, Grotius explains what kinds of partnerships with non-Christians are permissible under divine and natural law. These include public partnerships, such as treaties and military alliances, but also private associations, such as commercial contracts, marriages and relations of servitude. As we argue in this introduction, De societate can be interpreted as a general treatise on legal partnerships with non-Christians, which relates both to the voc’s policies of treaty and alliance-making in the East Indies and to debates about the legal status of religious minorities in the Dutch Republic.

INTERNATIONAL EXPERIENCE IN REGULATING JOINT VENTURE RELATIONS: SEARCH FOR EFFECTIVE INSTRUMENTS FOR THE POST-WAR RECONSTRUCTION OF UKRAINE

The subject of the study is the conceptual, legislative and theoretical provisions in the field of legal regulation of contractual relations in the implementation of joint activities in Ukraine and some European countries, as well as in the field of using the structure of joint activities as a special type of economic relations in the conduct of business. Methodology. General scientific methods were used in the research process. The comparative method was used to compare the legislative approaches to the legal regulation of contractual relations in the joint activities of Germany, France, Poland, Moldova and Ukraine. The analysis was used to determine the specifics of legislative approaches to the legal regulation of contractual relations for the implementation of joint activities in these countries, to identify their advantages and disadvantages. Synthesis was used to determine the methodological principles of legal regulation of joint activities. Induction and deduction were used to determine the basic principles of the functioning of civil legal partnerships with the aim of carrying out joint activities by their participants. The aim of the article is to propose concrete ways of improving the Ukrainian legal mechanism of contractual regulation of joint activity relations in order to ensure prompt and efficient post-war reconstruction of destroyed infrastructure facilities, the success of the process of recodification of the civil legislation of Ukraine and its harmonisation with the legislation of the EU countries. The results of the study have shown that, in general, the Ukrainian legislative approach to the legal regulation of relations on the implementation of joint activities is the most liberal and dispositive in comparison with the corresponding approaches of the European countries, which confirms the opinion that it is necessary to understand the agreement on joint activities as an effective legal and economic instrument for the post-war reconstruction of Ukraine, based on the consolidation of human efforts and resources (capital) for the achievement of a common goal. Conclusion. In order to improve the national legislative approach to the legal regulation of relations on joint activities on a contractual basis and to harmonise it with the provisions of European legislation, it is advisable to enshrine the following provisions by way of borrowing: 1) the prohibition of participants to engage in any activity that may be detrimental to the company, including the prohibition of competition; 2) the possibility of depriving a participant of the right to manage the company by a court decision if there is a valid reason, in particular as a result of a gross breach of duty; 3) the right of a participant to withdraw from a limited partnership if there are valid reasons and the invalidity of the objection to this effect; 4) the establishment of a basic list of the essential terms of a simple partnership agreement. This will undoubtedly have a direct impact on improving the institution of joint ventures as an important tool for the development of Ukraine's economic system in the post-war environment, especially in the context of investing in Ukrainian business and rebuilding the destroyed infrastructure.

When Equality Is Not Equity: The Ethics of Access to Trauma Care A Surgical Perspective.

The purpose of this surgical perspective is to describe the trauma care needs of the South Side of Chicago and the creation of an adult trauma center at the University of Chicago Medicine and associated hospital-based violence intervention program. Traumatic injury is a leading cause of death and disability in the US. Disparities across the continuum of trauma care exist, which are often rooted in the social determinants of health. Trauma center distribution is critical to timely treatment and should be based on the trauma needs of the area. The previous trauma ecosystem of Chicago was incongruent with the concentration of violent injuries on the south and west sides of the city leading to a fallacy of distributive justice. A descriptive analysis of community partners, trauma program leadership, trauma surgeons and the violence intervention program director was performed. The UCM trauma center opened in May 2018 and has since been one of the busiest trauma centers in the country with a 40% penetrating trauma rate. There have been significant reductions in patient transport time on the South Side up to 8.9 minutes (P<0.001). The violence intervention program employs credible messengers with lived experience representing the community and has engaged over 8000 patients since 2018 developing both community-based and medical legal partnerships. The persistent efforts of the community and key stakeholders led to a system change improving trauma care for the South Side of Chicago.

Health Care Corporatization as a Catalyst for&amp;nbsp; Wellness Legal Partnerships&amp;nbsp;

Health Care Corporatization as a Catalyst for&amp;nbsp; Wellness Legal Partnerships&amp;nbsp;

Addressing Unmet Social Needs and Social Risks - A Qualitative Interview-Based Assessment of Parent Reported Outcomes and Impact from a Medical Legal Partnership.

Medical legal partnerships address individual legal needs that can create impediments to health. Little is known about outcomes from medical legal partnerships and their relationship to access to justice. This paper reports outcomes from one medical legal partnership from the perspective of the client, with specific emphasis on impact on health and concepts related to access to justice. We suggest a conceptual model for incorporating medical legal partnerships into a broader framework about access to justice.

Teaching Structural Competency in Law School: Interdisciplinary Inspiration from Medical Legal Partnerships and Health-Related Disciplines to Meet ABA Standard 303(c).

Law Schools are now required to provide education to law students on bias, cross-cultural competency, and racism under ABA Standard 303(c). Law clinics, with their social justice orientation, have long taught about structural causes of bias and oppression and ways to intervene at system levels to prevent problems. Medical legal partnership (MLP) clinics have done so by employing concepts from social work and health science programs on structural competency. This article examines MLP and related curriculum to meet the ABA mandate.

Domestic Violence among LGBT + People in China: Results from a national court rulings review

Abstract Purpose Domestic violence has been an emerging area of study in recent decades for lesbians, gay men, bisexuals, and transgender people (LGBT +). While some research discussed domestic violence among LGBT + couples in Western countries, very little attention was paid to the patterns of domestic violence in the Chinese context. Against this backdrop, this study sought to elucidate the prevalence and distinctive features of family violence against LGBT + individuals that have been recorded by court rulings, as well as to scrutinize the responses of the judicial system towards these cases of violence. Methods This study utilized a qualitative research approach, relying on court rulings as the primary data source. Specifically, data were collected from the official website that publishes judgments from courts at all levels of China. Content analysis and discourse analysis were employed as analytical techniques to uncover the underlying patterns of family violence among LGBT + people and examine the responses of the judicial system concerning the protection of LGBT + individuals. Results Through an analysis of the court rulings, the findings reveal a total of fifty-three cases of family violence involving LGBT + individuals. These cases constitute approximately ten percent of all criminal cases concerning the LGBT + population. Among these cases, forty cases involve violence perpetrated by LGBT + intimate partners. The violence can be further classified into distinct categories, including break-up violence, sexual violence, and violence occurring in daily life. The consequences of such violence typically result in fatalities or physical injuries. Another form of violence examined in the study is observed within legal partnerships, such as between a heterosexual husband and his lesbian wife. This type of violence also tends to lead to severe outcomes, including deaths or bodily harm to the victim. Furthermore, one noteworthy case of family violence discussed in the research involves a parent–child relationship. Conclusions This study uncovers multiple sources of violence experienced by LGBT + individuals within the context of domestic relationships in China. While LGBT + individuals can employ criminal law to protect their rights as citizens, the legal recognition of same-sex relationships remains rare. Yet, this legal recognition could change the situation in same-sex families troubled by family violence.

Stay Useful, Stay Relevant: Singapore's Institutional Diplomacy toward China's Belt and Road Initiative

Abstract: Since China unveiled the Belt and Road Initiative (BRI) in 2013, few Southeast Asian countries have responded as potently as Singapore. Singapore's distinctive approach toward China is marked by carving out institutional niches within the broad blueprint of the BRI. This strategy is largely in line with the city-state's longstanding foreign policy tradition of making itself useful and relevant from the perspective of major powers. After elaborating on the historical evolution of Sino-Singaporean economic cooperation, I focus on three prominent manifestations of Singapore's institutional diplomacy toward the BRI and Chinese capital more generally, i.e., the establishment of "Infrastructure Asia", forging institutionalized legal partnership deputed to resolve disputes arising from BRI projects, and building a structured management approach to advance connectivity projects in Chongqing. Since Singapore opts for a soft and forward engagement strategy, the BRI has not caused organized local opposition.

Constructing Anthropological Expertise: Community Support and Legal Partnership in Transgender Cases

ABSTRACT Anthropologists working with marginalised populations in need of legal representation have faced challenges spanning epistemological, methodological and ethical questions. In the provision of evidence to legal-administrative processes, how do we overcome some of the obstacles in solving these problems? In this paper, we discuss our experience working through the case of a transgender asylum seeker from Mexico in the United States and the case of socio-cultural and legal concerns of a transgender youth in Los Angeles. The three partners in this paper are a socio-cultural anthropologist (Ngin), an immigration lawyer in Los Angeles (Yeh) and a community professional who works extensively with undocumented college students (Borjon). In Ngin’s preparation of the cultural argument for the asylum case of the transgender person, it was Borjon’s network of community contacts that provided the additional evidence for the case. As the case was delayed in the legal process, Attorney Yeh’s legal insight explains the best course of action for the petitioner. In the second case of the young transgender youth, we discussed the precarity of the youth’s situation and the possibility of socio-legal protection. In our analysis of these two cases, we discussed how we arrived at legally sound concepts with evidence supported by anthropological analytical methods while ensuring transparency of the provenance of evidence to meet ethical principles. Through these consultations in the construction of anthropological expertise, we also hope to decolonise expertise.

Integrating Lawyers into the Perinatal Health Care Team: Initial Findings From an Innovative Medical–Legal Partnership [ID: 1377957

INTRODUCTION: Health-harming legal needs (HHLNs), social determinants of health that have a legal remedy, are drivers of poor health outcomes for Black women and children. HHLNs include inadequate access to safe housing, employment accommodations, and income supports. A medical–legal partnership (MLP) adds an attorney to the health care team to address patients’ HHLNs in a variety of health care settings. The Perinatal LAW Project (P-LAW), an MLP between the Georgetown University Health Justice Alliance and MedStar Washington Hospital Center Women’s &amp; Infants’ Services, addresses perinatal patients’ HHLNs in an obstetrics and gynecology practice. METHODS: Perinatal LAW Project attorneys record client and case data in a legal case management system. The research team analyzed data for the first 18 months of the program (March 2021 to September 2022). RESULTS: One hundred thirty-one patients were referred for legal assistance, primarily by social workers and health navigators. Most patients were in their second and third trimesters. The majority of patients were Black or African American, aged 20–34, and lived under 200% FPL. The most common legal issues were in the areas of employment (parental leave, discrimination), housing (conditions, eviction), public benefits (food stamps, disability benefits), and family law (child support, domestic violence). The P-LAW addressed 150 legal issues and served 117 patients. CONCLUSION: Medical–legal partnership is a novel approach to addressing maternal health disparities. In our experience, legal services have a high utilization rate and patients often have more than one legal need. Future efforts to measure patient outcomes, including reduced maternal stress and medical appointment attendance, will build the evidence base for MLP in the perinatal context.

Immigrant-focused Medical Legal Partnerships: A Practical Innovation to Improve Immigrant Health and Social Well-being.

Immigration status is an important social determinant of health that can limit access to health care and related services. Few medical legal partnerships (MLPs) address immigration-related legal needs of patients. An immigrant-focused MLP (IMLP) addresses immigration legal needs and provides advice to vulnerable patient-clients and their families regarding potential legal consequences of accessing health care and other public benefits. In this article, we outline the core elements of an IMLP and provide case examples from our ongoing IMLPs. Although many of the core elements of an IMLP are similar to those of an MLP, an IMLP focuses specifically on immigration-related legal needs of patient-clients. IMLPs can complement and extend MLP services by providing legal assistance to non-citizen immigrant individuals and mixed status families. IMLPs may improve immigrant patient-clients' health and social well-being and create eligibility for public benefits. An IMLP can be a scalable innovation to improve access to health and legal services. Challenges to institutionalizing an IMLP may include limited sustainable funding, few legal service providers with immigration expertise and capacity, patient-client identification, and the politicized nature of immigration.

Impact of Medical Legal Partnerships: A Scoping Review

Background Medical Legal Partnerships (MLPs) are collaborations between healthcare and legal services that aim to address the health-harming impacts of unmet legal needs. Better characterization of existing MLP models would be a resource for new and expanding MLPs to glean insight into challenges and opportunities to consider. This scoping review aimed to examine and map outcomes reported by MLPs. Methods MEDLINE, EMBASE, CINAHL, and the Index to Legal Periodicals databases were searched and studies reporting qualitative or quantitative outcomes of a MLP were eligible for inclusion. Independent dual review of titles, abstracts, and full-texts was conducted and the reported outcomes were analyzed. Results Thirty studies met inclusion criteria. Children and families were the most commonly served populations. The most frequently addressed legal needs pertained to housing, income, and personal/family stability. MLPs were associated with improved health, health services use, and legal outcomes. Education of healthcare professionals was associated with increased knowledge and confidence in addressing social needs. Discussion Overall, MLPs effectively partner healthcare and legal services to mitigate the health-harming consequences of unmet legal needs. MLPs facilitate access to care in legal circumstances that would otherwise exacerbate health conditions, and largely benefit communities that have been historically underserved by medical and legal systems.

"The Last Piece of the Puzzle that Makes all the Difference in the World:" Team-Facing Medical-Legal Partnership for Reproductive Care Teams.

As reproductive freedoms in the U.S. undergo significant rollbacks, vital reproductive health services - and the care teams delivering them - face escalating legal threats and complexity. This qualitative case-control community-based participatory research study describes how legal problem-solving supports for reproductive care teams serving mothers with opioid use disorder are protective for both patients and care team members. We describe how medical legal partnerships (MLPs) can promote Reproductive Justice and argue for wider adoption of care-team facing legal supports.

The Synergy of Legal and Medical Palliative Care: Challenges and Opportunities in Palliative MLP and the Yale Experience.

Palliative care and medical-legal partnership are complementary disciplines dedicated to integrating care to treat the whole patient and intervening before a legal or medical issue is at a crisis point.In this paper, we discuss the founding and operations of the Yale Palliative Medical Legal Partnership, give examples of typical cases, explain special considerations in this area of law, and propose areas for further research.

Leveraging Academic-Medical Legal Partnerships to Advance Health Justice.

Unmet legal needs contribute to housing, income, and food insecurity, along with other conditions that harm health and drive health inequity. Addressing health injustice requires new tools for the next generations of lawyers, doctors, and other healthcare professionals. An interprofessional group of co-authors argue that law and medical schools and other university partners should develop and cultivate Academic Medical-Legal Partnerships (A-MLPs), which are uniquely positioned to leverage service, education, and research resources, to advance health justice.

Applying a Social Ecological Model to Medical Legal Partnerships Practice and Research.

The social ecological model (SEM) is a conceptual framework that recognizes individuals function within multiple interactive systems and contextual environments that influence their health. Medical Legal Partnerships (MLPs) address the social determinants of health through partnerships between health providers and civil legal services. This paper explores how the conceptual framework of SEM can be applied to the MLP model, which also uses a multidimensional approach to address an individual's social determinants of health.

Integrating legal services to improve behavioral health, a challenge met from a different angle.

The United States' current healthcare delivery system is not prepared to address the expanding behavioral health (BH) crisis without treatment of upstream social determinants that contribute to downstream BH exacerbations. Medical Legal Partnerships (MLP) utilize lessons from integrated BH to create efficiencies, augment the reach of the current BH workforce, network community resources, and likely provide BH prevention at the family unit. Payment policy changes are needed, however, to provide sustainable access to these services. The current surge of federal and state funding for BH care needs may provide the policy window necessary to sustainably fund MLP lawyers as a novel, high-impact, professional on the integrated healthcare team. (PsycInfo Database Record (c) 2022 APA, all rights reserved).

Expense sharing: Could it be judged a legal partnership?

Expense sharing: Could it be judged a legal partnership?

Putting a Social and Cultural Framework on the Evidence Act

What follows are presentations to a seminar on the Supreme Court decision in Deng v Zheng (2022): guidance on bringing relevant social and cultural information to the court’s attention. The case concerned whether, despite a lack of formal documentation, the parties had entered into a legal partnership, of which they would be jointly responsible for the debts of the partnership. Two issues arose relating to the culture of the parties: namely, whether the meaning to be ascribed to 公司 (gingsi) went beyond ‘company’ and could extend to ‘firm’ or ‘enterprise’ and the significance of 关系 (guanxi). Both parties are Chinese and their business relationship appeared to have been conducted in Mandarin. Justice Goddard was the presiding judge in Zheng v Deng (2020), the Court of Appeal judgment appealed to the Supreme Court. Mai Chen appeared with two other lawyers on behalf of the intervenor, the New Zealand Law Society.&#x0D; Keywords: social and cultural framework; Evidence Act; expert evidence; translations; interpreters; adjudicative facts; social facts; legislative facts; stereotyping; subconscious bias; judicial notice; reliable published documents.

Legal Needs, Health, and Health Care Utilization Among Patients Participating in the Delaware Medical Legal Partnership.

Context:Unmet legal needs can exacerbate health disparities and contribute to a lack of adherence to treatment plans and medical recommendations for care. Medical legal partnerships (MLPs) are integrated health care and legal aid interventions offered by many health systems in the United States. Although much research has been published regarding the success of MLPs with specific patient groups, there is a gap in literature regarding the nature of MLPs in a more general, at-risk patient population.Objective:We aimed to better understand specific patient characteristics and health outcomes associated with different iHELP legal needs.Design:This is a cross-sectional study of patients who were enrolled in the Delaware MLP (DMLP) from November 2018 to June 2020 (N = 212).Setting:The DMLP is a collaboration between ChristianaCare, a Mid-Atlantic health system, and the Community Legal Aid Society, Inc (CLASI).Participants:Patients must be adults (ie, 18 years or older), below 200% of the federal poverty level (eg, ≤$53 000 for a household of 4 as of 2021), have at least one qualifying legal need, and live in the state.Intervention:The DMLP is designed to address unmet legal needs that fall under a framework called iHELP. iHELP legal domains are income and insurance (i), housing and utilities (H), education and employment (E), legal status (L), and personal and family stability (P).Main Outcome Measures:Outcomes of interest were iHELP legal needs, patient demographics, perceived stress and mental and physical health–related quality of life, comorbidities, and health care utilization.Results:Housing and utilities (46.2%) and income support (41.5%) were the highest reported legal needs. Perceived stress scores were significantly higher for those with income needs (P = .01) as well as those with housing and utilities needs (P = .01).Conclusions:MLP programs offer a value-added service that can address unmet legal needs in vulnerable, at-risk patients.