Legal Steps Research Articles

Why pediatricians need lawyers to keep children healthy.

Pediatricians recognize that social and nonmedical factors influence child health and that there are many government programs and laws designed to provide for children's basic needs. However, gaps in implementation result in denials of services, leading to preventable poor health outcomes. Physician advocacy in these arenas is often limited by lack of knowledge, experience, and resources to intervene. The incorporation of on-site lawyers into the health care team facilitates the provision of crucial legal services to vulnerable families. Although social workers and case managers play a critical role in assessing family stability and finding appropriate resources for families, lawyers are trained to identify violations of rights and to take the appropriate legal steps to hold agencies, landlords, schools, and others accountable on behalf of families. The incorporation of lawyers in the clinical setting originated at an urban academic medical center and is being replicated at >30 sites across the country. Lawyers can help enhance a culture of advocacy in pediatrics by providing direct legal assistance and case consultation for providers, as well as jointly addressing systemic issues affecting children and families. Until laws to promote health and safety are consistently applied and enforced, pediatricians will need lawyers to effectively care for vulnerable children.

Kinetic analysis of landings in netball: is a footwork rule change required to decrease ACL injuries?

The purpose of the study was to investigate landings in netball to ascertain whether or not an extra step on landing would significantly alter the forces on the body and to investigate the landings that were least stressful on the body. Eighteen State or Under 21 netball players participated as subjects. The subjects performed five different landing conditions at two pass heights. The five landing conditions were three legal landings consisting of a pivot, a run-on and a two foot landing. The other two landings used an extra step technique for the pivot and run-on landings. Data were collected using two force plates. The data were analysed using an ANCOVA, with approach speed as the covariate. The range of values for peak vertical ground reaction force were from 3.53 to 5.74 BW and for peak braking force the range was from 0.83 to 1.75 BW. No significant differences were found between each respective legal and extra step techniques. The run-on techniques exhibited lower peak forces, longer attenuation times and lower loading rates than the pivot or two foot landing conditions. The data clearly showed that there were no advantages to be gained from taking an extra step for either the pivot or run-on landing techniques. The run-on technique of landing appears to be most beneficial to reducing loads on the lower limb. A change to the footwork rules cannot be recommended based on the results of this study.

Balancing Relations between Society and State: Legal Steps toward National Reconciliation and Reconstruction of Afghanistan

Journal Article Balancing Relations Between Society and State: Legal Steps Toward National Reconciliation and Reconstruction of Afghanistan Get access Christina Jones-pauly, Christina Jones-pauly iJ.D., Ph.D. (Comparative and Islamic Laws), Radcliffe Institute for Advanced Study, one-time Islamic Law Fellow and Lecturer Harvard Law School, EC Legal Consultant on Afghanistan Search for other works by this author on: Oxford Academic Google Scholar Neamat Nojumi Neamat Nojumi iiB.A., MALD, Research Associate, Institute for Conflict and Resolution, George Mason University, one-time Researcher ILSP Harvard Law School, U.S.A.I.D. Consultant Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 52, Issue 4, Autumn 2004, Pages 825–857, https://doi.org/10.2307/4144467 Published: 01 October 2004

Ireland's Most Threatened and Rare Freshwater Fish: an International Perspective on Fish Conservation

Ireland's Most Threatened and Rare Freshwater Fish: an International Perspective on Fish Conservation

Executives, Professionals, and the Morality of Single-Sex Clubs

In recent years private single-sex clubs have been subjected to a great deal of moral criticism. They have been condemned as sexist, as illegitimately withholding social and professional benefits from the sex that they exclude, and (in their masculine form) as the remnants of a morally bankrupt patri archal system that should finally be swept away. Unfortunately for such clubs, the sound and fury that is currently directed at them signifies some thing rather than nothing. In Britain, legal steps have been taken to require that if such clubs admit persons of the excluded sex as Associate members, then the Associate members must receive the same club benefits as the Full members.1 More drastically, Lord Watson of Invergowrie, the Scottish Tourism, Culture, and Sport Minister, proposed that single-sex golf clubs be disbarred from hosting the British Open, while the all-male Augusta Nation al Golf Club in the United States has been subject to considerable public pressure to admit female members.2,3 Even single-sex clubs that are not so clearly in the public eye have been subjected to pressure to change. For ex ample, the all-male Kate Kennedy Club of St. Andrews University (dedi cated to maintaining the traditions of the university and the town, improving town-gown relations, and raising money for charity) has been criticized in the Scottish Parliament for its discriminatory membership policies.4 Moreover, the moral disapproval of such clubs is not only restricted to their traditional opponents on the political left. In 2001, for example, Iain Dun can Smith, the then leader of the Conservative Party, refused an invitation toj?in the all-male Car lton Club on the grounds that the membership of this

Bioethics As If Relationships Matter

In 1983, a drunk driver struck Sharon Kowalski's car in rural Minnesota, killing her niece and critically injuring her nephew. She herself suffered serious injuries, including permanent brain damage. A battle for visitation rights and guardianship promptly ensued. Ms. Kowalski's parents locked horns with Karen Thompson, who was Kowalski's domestic partner, as we now say. It turns out that Kowalski had not told her family about being in this same-sex relationship. That task fell to Thompson, and the Kowalski family was incredulous, to say the least. Twenty years on, Casey Chase has told the story, in the Sharon Kowalski Case, of the eight-year battle for guardianship that ought to be better known in bioethics than it is. As Chase notes, protracted legal struggles over people with traumatic brain injuries are rare indeed. On the contrary, some people find themselves unable to adjust to relationships changed by disabling conditions, and they sometimes leave their spouses, partners, family members, and friends. Against an entrenched set of expectations that the biological family alone should decide where Sharon would live and with what kind of treatment, Karen Thompson, a professor of physical education at a Minnesota state university, took a different view. She believed Sharon would fare far better both medically and socially under her care. Before it was all over, she had to embrace her own sexuality fully and publicly, resolve religious dissonance between her beliefs and her identity, and shed political views tending toward Reaganism. In Minnesota at the time of the accident, homosexuality was a crime, and the law had no precedents for recognizing same-sex partners as surrogate decisionmakers or guardians. At about the same time elsewhere around the country, an emerging epidemic put people with AIDS in similar situations, as some biological families prevented the partners of hospitalized and dying gay men from seeing them. Karen Thompson met unrelenting family resistance, including suspicion that she would sexually abuse her brain-injured partner, and she finally went public to gain the moral and financial support necessary to file one ineffectual and demoralizing suit after another. One court found that she had violated privacy rights by making Kowalski's relationship public--she had outed her, to put it in the vernacular--and this violation counted as a reason to deny her guardianship. Only her obstinate perseverance and the collapse of the family's will to fight eventually brought the courts around to Thompson's point of view. Powers-of-attorney for health care go a long way toward protecting against unwanted disruptions of relationships when disability strikes. But they do so, of course, only when people take specific legal steps to put them in place. In the early 1980s, in Minnesota, Thompson and Kowalski took no such steps for themselves, believing in the protection of their own discretion. The closet does offer some protection, but it undermines other kinds of protection that same-sex couples need. Homosexual men and women lack the social nets others depend on when trouble strikes. To be sure, not all homosexual men and women face the problems known to Thompson and Kowalski. Many gay and lesbian couples enjoy lives uncomplicated by social homophobia. Many people know, for example, a male or female couple living out some version of happily-ever-after. …

Gender-based violence in refugee settings

Gender-based violence in refugee settings

Drug-Substitution Treatment in Germany: A Critical Overview of Its History, Legislation and Current Practice

Within a global context, Germany was relatively late in its acceptance of substitution treatment, having first introduced methadone maintenance treatment (MMT) in the late 1980s. Since the early 1990s, Germany has taken a number of legal steps which favor harm reduction, assistance and treatment, rather than the law enforcement approach that was dominant before. As a result of this new commitment, Germany now also allows the use of non-methadone substitutes, such as buprenorphine, LAAM, dihydrocodeine (DHC) and codeine. A heroin maintenance trial has been scheduled to begin in early 2002. Despite the fact that the overall number of participants in drug-substitution treatment has risen over the past decade from about 1,000 in the early 1990s to more than 55,000 in 2001 and that MMT has been comprehensively evaluated in Germany with favorable outcomes, there remains a lack of availability of and accessibility to substitution treatment, due to rigid entry and treatment criteria imposed by the social health insurers (SHI).

The Illicit Movement of Underwater Cultural Heritage: The Case of the Dodington Coins

In October 1997 the Times of London announced the sale by auction of fourteen hundred gold coins that formed part of the hoard lost by Clive of India when the East Indiaman Dodington was wrecked in Algoa Bay on July 17, 1755. The wreck and its contents lie within South African territorial waters and are protected by South African heritage legislation. Very little gold has ever been reported recovered, despite ongoing excavations, and only a single permit has been issued for the export and sale of twenty–one gold coins. This article will consider the legal steps taken to repatriate the coins, and the difficulties encountered when taking such steps before a foreign court. It evaluates the extent to which existing international conventions, including the recently adopted UNESCO Convention on the Protection of Underwater Cultural Heritage, are able to assist states in repatriating stolen or illegally exported underwater cultural heritage.

Telkėsi naujoji karta : Lietuvos laisvinimo pastangos septintajame dešimtmetyje

Despite the continuing Cold War period, the seventh decade of the 20th century witnessed the 'warming up' of relations between East and West. The sagging of tension was supposed to legalize the occupation of Lithuania by the Soviets. However, the Lithuanian emigres in the West were uniting their efforts in a movement for the liberation of Lithuania. During the period discussed in the article this movement included three main organizations: the Lithuanian American Council, the Supreme Committee for Liberation of Lithuania, and the Lithuanian World Community. The Lithuanian American Council maintained ties with the White House, the State Department and the Congress, constantly reminding them of the aspirations of the Lithuanians and inviting them to raise the question of the country's occupation on the international level. The Supreme Committee for Liberation of Lithuania was acting as a representative body of the Lithuanian nation. The main aims of the Committee were to demonstrate the policy of Russification in Lithuania and to win back the nation's right of self-determination. The Committee also carried out extensive work in involving the younger generation into the movement, regularly informed the media about the situation in Lithuania, and was sending out memoranda to the heads of Western states and governments. The Lithuanian World Community set itself two basic aims: to reestablish the independence of Lithuania and to maintain the spirit of the nation through the preservation of the national language, culture and historical heritage. The organization inspired the activities of the younger generation of the Lithuanians abroad, which culminated in the 1966 Congress of the Young Lithuanians of the World. The Congress affirmed its resolution to take an active part in regaining the independence of Lithuania and sent a petition to the effect to the United Nations Organization. An important work in the process of re-establishing the independent Baltic states was carried out by the Committee for Supporting Resolutions, which was founded in 1961 and included the progressive emigres from the three Baltic states, Lithuania, Latvia and Estonia. The Committee succeeded in involving into its activities American politicians, public figures and intellectuals, which influenced political and legal steps of the Congress. In 1966 the Congress adopted the Resolution (H.Con.Res. 416) which supported the movement of the Baltic states to regain their independence. In 1966 another public organization, the Baltic Appeal to the United Nations (BATUN), was established by the representatives of the younger generation. It operated in New York and informed the UNO and individual embas- sies of Western states about the aspirations of the Baltic states to re-establish their independence.

The Loss of the Certainty Effect

AbstractRecent changes in the commercial property‐liability insurance business have made it unlikely that large claims will be paid promptly and willingly. The situation is not limited to asbestos, pollution, and medical product liability, though certainly evident there. The authors examine the situation from three economic and psychological perspectives—option theory, asymmetric information theory, and prospect theory. All three indicate that if insurance were seen by customers as less than fully certain and reliable, the resulting discounting of its value—and hence buyers' willingness to pay for it—would be much deeper than one would expect. Although competitive and legal steps could be taken to head off such a disaster, none of them is likely.

Legal Issues Affecting Alternative Families

Summary When heterosexuals fall in love, get married and have children, the last thing on their mind is taking legal steps to protect their family. In seeing their lesbian and gay clients, therapists will often notice the same thing. However, at the moment when one's mind is least focused on legal matters, lesbian and gay couples must focus on protecting their relationships through wills, health care proxies, and advanced directives and must focus on protecting their children through second parent adoptions, known donor agreements or other kinds of agreements. This article will outline the kinds of legal issues you must isolate for your clients so that they can legalize their relationships and families.

Gender Differences And The Effect Of Health Warnings And Legislation On Cigarette Smoking

The widespread existence of smoking as a form of social behaviour despite growing worldwide disapproval has placed cigarette smoking at the heart of a crowing controversy. The World Health Organization (WHO) now periodically reports on the effect of tobacco consumption on the health of smokers. In South Africa, new legal steps are being taken towards the control of tobacco smoking. This is in line with world-wide trends towards tougher tobacco legislation. Research on the topic of tobacco and smoking are numerous and represents "World-wide attempts to understand and eradicate what is Generally considered a deadly epidemic. However, the role of gender in cigarette consumption and tobacco-control is surprisingly an under-researched aspect of smoking. While few attempts have been made to study the underlying circumstances of smoking by differentiating between the genders, the possible response to tobacco-control measures by men and women seem to have not commanded much attention. The present study was a response to the need to gain a better understanding of the differences in the smoking profiles of women and men and whether these differences are reflected in the way the two sexes respond, first, to health warnings on smoking and, secondly, to legislation prohibiting advertising of tobacco products. 50 women and 50 men drawn from tertiary institutions and retail businesses participated in the study by completing a questionnaire. The results show some similarities and differences between female and mate smokers. In the light of this, it seems appropriate to suggest that more gender sensitive approaches to dealing with smoking problems might achieve better outcomes. African Journal of Finance and Management Vol.9(2) 2001:65-77

WS.4-2 国際市場における反競争法的行為と企業活動(WS.4 知的所有権)

One of the aims of the antitrust law is to implement fair trade and sound operation in marketing. However, constraint by law in order to fulfill such objectives could sometimes be an obstacle to profit seeking enterprises. Trend towards globalization of market necessitates harmonization or unification of such rules among countries, yet at present, the degree of enforcement of antitrust law still differ depending on the countries. This paper deals with the case of price fixing and volume allocation involving some domestic and foreign companies in the United States, and describes the results of legal steps taken. From which, what cautions need to be taken in order to avoid violation of the law by considering the recently effectuated treaty regarding antitrust cooperation between the US and Japan is discussed.

Physician Assistant Program Accreditation - History in the Making

The weekend of September 15, 2000, was a historic one as the Accreditation Review Committee on Education for the Physician Assistant took the necessary legal steps to become a freestanding accrediting agency as of January 1, 2001. As of that date, the evaluation and accreditation of physician assistant (PA) educational programs will be the responsibility of the renamed Accreditation Review Commission on Education for the Physician Assistant (still the ARC-PA). New bylaws and policies for the commission were also officially adopted. The new agency is incorporated in the state of Illinois.

A Series of Progressive Legal and Ethical Decision-Making Steps for Using Christian Spiritual Interventions in Psychotherapy

Recently, there has been a growing trend in the professional literature to address the question: “In what ways should spiritual interventions be used in counseling, with which clients, and under which circumstances?” However, few therapists have received training and supervised experience in incorporating spiritual interventions into their work. This article briefly addresses the purpose and prevalence of Christian spiritual interventions and proposes a series of progressive legal and ethical decision-making steps to improve therapists' skills in incorporating such interventions into psychotherapy. The initial steps include an assessment of the therapist's role, the setting of therapy, and the presenting problem of the client. Additional steps include obtaining informed consent, evaluating a therapist's competency, maintaining professional and scientific responsibility, respecting the client's religious values, documenting the use of spiritual interventions, making appropriate financial arrangements, and promoting the welfare of the client.

Inappropriate sexual behaviour experienced by speech-language therapists.

Inappropriate sexual behaviour by clients or patients of health professionals has been noted as a considerable problem in a number of professions. Similarly, sexual harassment by colleagues or employers has been identified as causing stress and harm. The primary objective of this study was to investigate the experience of speech-language therapists in New Zealand of inappropriate sexual behaviour (ISB) by colleagues, clients, and care givers of clients. A questionnaire developed by McComas and colleagues to investigate ISB directed by patients at physical therapists in Canada was adapted to meet the broader requirements of this study. This questionnaire was sent to all members of the New Zealand Speech-Language Therapists' Association and to current third- and fourth-year students in the Bachelor of Speech and Language Therapy degree programme in 1994. The overall return rate was 70%. A large number of respondents (81%) reported experiencing some level of ISB. The number of incidents of ISB from clients and colleagues was identified with equal frequency; care givers less frequently. Fewer students than qualified therapists reported ISB as sexual harassment. ISB affects work performance (e.g. absenteeism) and causes psychological reactions (e.g. stress). A majority of respondents reported being satisfied with how they handled ISB but considered there would be value in having training for both qualified and student therapists in managing such behaviour. Conclusions drawn from the study are that colleagues as well as clients are a serious source of ISB for qualified and student speech-language therapists; that negative effects in this group are similar to those in other professions; that speech-language therapists experience less ISB from clients than some other professions; and that, despite legal steps to curb sexual harassment, it continues to be an issue that requires local administrative and educative attention.

COLORADO COMMUNITY COLLEGE AND OCCUPATIONAL EDUCATION SYSTEM: A CULTURE STRUCTURED FOR INNOVATION

When examined closely, culture and leadership are interrelated. To understand dramatic changes in community colleges and to anticipate their future, we must recognize the importance of the culture and the organization's ability to accept significant change. The cultural conditions within the Colorado system have had a significant impact on the individual state system colleges' effectiveness. The shared assumptions, norms, values, and climate, as defined by Edgar Schein (1991) in Organizational Culture and Leadership create a view of the organization within itself and in its environment. This article describes the development of an organizational culture that helped create a climate for innovation and led to the emergence of the Colorado Community College and Occupational Education System as a major innovator in the higher education systems of Colorado and the nation. The cultural transition described consisted of many different legal steps, personnel and policy decisions that culminated in the creation of a unique system that merged community college governance and secondary and postsecondary vocational administration. This unique system is currently addressing a range of opportunities that will contribute significantly to the role of community colleges for years to come. Five windows into the future role of community colleges are discussed, focusing on distance education, career academics, the role of the Americans with Disabilities Act, workplace learning, and the use of foundations to develop innovative funding sources.

Academy members vote on removal of president

The next few weeks will be tense at the National Academy of Engineering (NAE) as its 1,840 members decide by mail ballot whether to remove Harold Liebowitz as academy president. Liebowitz—resisting earlier efforts to force his resignation—has refused to step down and is expected to take legal steps to halt what amounts to an impeachment effort. Ballots are due by June 14, less than three weeks before July 1, when Alan M. Lovelace will take office as chairman of NAE's council. Lovelace—an aeronautical materials engineer with a Ph.D. in organic chemistry—will have the job of restoring peace to the troubled 33-year-old academy. He was elected late last month, succeeding Norman R. Augustine, chairman of Lockheed-Martin Corp. Lovelace won by a vote of 645 to 368 over Augustine—who wasn't even on the ballot and was a reluctant, latehour write-in candidate. Last Thursday, NAE's council agreed unanimously to let members vote on whether to oust Liebowitz from ...

Preventing workplace harassment: an organizational change perspective

Illegal workplace harassment has become an increasingly significant issue. While most articles have focused on the legal and/or practical steps necessary for employers to avoid litigation, a neglected issue is how to prevent illegal harassment more effectively. Describes an organization change approach to developing an environment of mutual respect. When harassment prevention is examined from this perspective, the critical issues involve how to increase awareness about harassment, how to incorporate employee input and involvement in the change process, and how to develop employee responsibility for maintaining a harassment‐free work environment. Recommendations encourage managers to change the way they approach the problem of harassment.