Statutory Criteria Research Articles

Experiences of Court Clinicians Who Perform Civil Commitment Evaluations for Substance Use Disorders.

Civil commitment for substance use disorders is an increasingly used intervention to mitigate the risks associated with severe substance use. Although court clinicians play a vital role in helping courts determine whether respondents meet statutory requirements for commitment, little is known about their experiences conducting these evaluations. In this pilot study, we surveyed all court clinicians who perform evaluations for civil commitment for substance use disorders in Massachusetts, a state with one of the highest rates of such commitments nationally. Court clinicians reported that these evaluations are most frequently ordered for individuals who use heroin and other opioids, alcohol, and cannabis. They reported a recent suicide attempt or drug overdose, intentional physical harm to another, use of dangerous weapon, and driving while intoxicated as the behaviors most likely to satisfy the statutory requirement of imminent risk. At the same time, many court clinicians consider a much broader range of behaviors as constituting imminent risk, and many reported having endorsed commitment on one or more occasions in the absence of statutory criteria being satisfied. These findings underscore the need for additional research on the performance of civil commitment evaluations for substance use disorder and standards for such evaluations.

Odpowiedzialność Skarbu Państwa wobec akcjonariuszy (udziałowców) upadłego za szkodę wyrządzoną przez sąd upadłościowy poprzez niesłuszne orzeczenie o upadłości

This study addresses the issues related to the State Treasury’s liability for damages towards the debtor’s shareholders due to an erroneous decision on the bankruptcy option instead of the restructuring option. The proceedings are initiated at the request of the entitled person. The court decides about opening the proceedings. In practice, there may be a situation in which competing applications are submitted, either aimed at liquidating the debtor’s assets or at its restructuring. The study refers to two legal states: the legal state in force in 2003–2015 and the legal state in force since 2016. The study analyzes the statutory criteria for resolving the conflict between the liquidation and restructuring option, and the premises of the State Treasury’s liability for damages. In the event of such a conflict, the insolvency law gives priority to restructuring over liquidation.

The Rule of Judicial Political Affiliation in Criminal Sentencing Outcomes

Legislative efforts to bring consistency to criminal sentencing outcomes has been much discussed in academic literature and Congressional hearings alike. Despite these efforts disparate sentencing outcomes persist. Researchers have studied many variables seeking to understand these disparities but have been unable to form a consensus around the cause. Perhaps because of the lack of a firm understanding of the issue among researchers, legislative intervention at both the state and federal level has largely failed to address the issue of judicial characteristics that may drive sentencing disparities. As a result, absent from the conversation on criminal sentencing reform is empirical and anecdotal evidence about how judges make determinations within the range of outcomes specified by the legislature. New data on federal sentencing outcomes collected by Harvard researchers, however, finds a direct connection between the political party of the President who appointed the federal judge and the length of a defendant’s sentence. As the Harvard study reports, federal judges appointed by Republican presidents sentence defendants on average to three more months in prison than federal judges appointed by Democratic presidents. Republican-appointed judges in the federal system also sentence black defendants more harshly than Democratic-appointed judges. As will be discussed in this Article, the central premise of the Harvard political sentencing study – that judicial political affiliation influences sentencing outcomes, even those that are highly guided by legislative criteria – also holds true on the state level with respect to elected, rather than appointed, judges. As we report, empirical evidence from the state of Ohio demonstrates that elected Republican judges sentence defendants to lengthier terms of incarceration than elected Democratic judges by a statistically significant margin. This evidence suggests that, rather than being entirely guided by specified statutory criteria, judges bring preexisting sentencing ideologies to the bench and make decisions with a range of sentencing outcomes based at least in part on their individual philosophies and beliefs. Based on these findings, we argue that in order to address the issue of sentencing disparities, reform efforts should take action to specifically address the behavior and motivation of individual judges.

Aspects of intensive care medicine in emergency medicine

Emergency medicine and intensive care medicine have many similarities. In this review, we will first discuss the terminology of emergency medicine in a hospital in terms of a uniform designation as a department for emergency medicine or emergency department. Emergency medicine and intensive care medicine are a location-independent concept of patient care in the sense of the recognition, treatment and diagnosis of acute health disorders. Emergency medicine covers the entire range of disease severity, while intensive care medicine focuses on organ replacement and organ preservation, uses highly specialized technology for this purpose and treats only the seriously ill. The treatment of seriously ill patients in the emergency departments requires special intensive care medical knowledge both by the physicians and nursing staff. In the medical field, the curriculum for the European emergency medicine specialist takes into account all aspects necessary for the diagnosis and treatment of critically ill patients. For the nursing sector, Germany has had its own recognized specialty training program in emergency medicine for several years. However, the treatment of critically ill patients in emergency departments also requires that the emergency departments be adequately equipped. In this regard, there is an urgent need for statutory quality criteria that are concrete and structured. We know from the literature that intensive care competence in emergency departments reduces the admission rate to intensive care units and the mortality of all emergency patients. The concept of intensive care units in the emergency department is gaining popularity in the USA and should also be evaluated for implementation in the German-speaking countries.

Are all natural monopolies in Ukraine equally “natural”?

Are all natural monopolies in Ukraine equally “natural”?

Classical administrative law in the era of presidential administration

Direito administrativo clássico na era da administração presidencialABSTRACTFarber and O’Connell described ways in which contemporary practice departs from classical administrative law and they have done a great service by so carefully identifying the gaps between both. Administrative practice today is out of step with classical doctrine, but Farber and O’Connell’s argument exaggerates the divergence in one important aspect. Classical administrative law requires regulatory decisions to be taken by the agencies responsible for the status of making them, on the basis of statutory procedures and criteria however, it should be remembered that the administrative law itself is divided. In short, the recommendation is not to give up all the basic premises of classical administrative law, it’s about looking at the differences and understand how much of it should be maintained.RESUMOFarber e O’Connell descreveram maneiras pelas quais a prática contemporânea se afasta do direito administrativo clássico e fizeram um grande serviço ao identificar tão cuidadosamente as lacunas entre os dois. A prática administrativa nos dias atuais está fora de sintonia com a doutrina clássica, porém o argumento de Farber e O’Connell exagera na divergência em um aspecto importante. O direito administrativo clássico exige que as decisões regulatórias sejam tomadas pelas agências encarregadas por fazê-las, com base em procedimentos e critérios legais, porém se deve lembrar de que o direito administrativo em si é dividido. Em suma, a recomendação não é desistir de todas as premissas básicas do direito administrativo clássico, e sim analisar as divergências e entender o quanto dele deve ser mantido.

ARBITRAŽA ZA INDIVIDUALNE RADNE SPOROVE

The primary aim of this paper is to point out a number of advantages of out-of-court settlement of labor disputes over litigation, and above all arbitration, characterized by a meritorious, swift and compromise settlement of labor disputes. Reconciling the interests of the social partners is a starting point in developing this way of resolving labor disputes. The parties resolve the dispute with the assistance of a neutral subject (arbitrator), an expert in the field of labor law, who meets all the statutory criteria, which contributes, among other things, to the prompt and fair resolution of this type of dispute.Arbitration is considered to be an informal "civilized method" that enables social justice to be achieved as it leads to the settlement of disputes for the benefit of both parties. Efficiency, party autonomy, economy, voluntariness, informality and gratuity are just some of the advantages of this method.The paper analyzes the relevant legal sources of the Republic of Serbia, trying to answer why arbitration for individual labor disputes is the most adequate peaceful method of resolving labor disputes, what are its advantages over litigation and the application of pressure methods (strike, lock-out), and what are the disadvantages of comparative solutions.

Interpreting Eligibility Under the Medical Assistance in Dying Law: The Experiences of Physicians and Nurse Practitioners

This study examines the experiences of physicians and nurse practitioners interpreting the statutory criteria determining patient eligibility for Medical Assistance in Dying (MAiD). The Criminal Code sets out what qualifies as “a grievous and irremediable medical condition”, which includes the requirement that a patient’s “natural death has become reasonably foreseeable” (NDRF). The Superior Court of Quebec struck down the provision as unconstitutional and the government responded by introducing Bill C-7 which now deploys the NDRF criterion in new ways. Ambiguity and controversy have attached to the phrase since the Government introduced Bill C-14 before Parliament in 2016. From January to March 2019, we conducted semi-structured interviews with twenty-four Canadian MAiD assessors and providers to find out how they interpret the relevant federal and provincial legislative provisions. Respondents included 9 doctors from Quebec where the provincial law differs from the Criminal Code. The article identifies differences in the eligibility regimes, while providing a detailed analysis of how health care practitioners interpret and apply the statutory requirements to determine patient eligibility for MAiD. Our findings shed new light on Truchon and Bill C-7, while offering insight into the on-the-ground experiences of health care professionals in this changing field of law.

Regulating Labour Disputes in the Police Services: Legal and Practical Perspectives from Ontario and British Columbia, Canada

Ontario and British Columbia, Canada, have not seen a police strike in living memory. The reason for this is the mandatory interest arbitration model adopted in the two provinces, which sees disputes that cannot be resolved by mutual bargaining referred to a panel of arbitrators who assess submissions in light of statutory criteria. Police officers, and the unions who represent them, have utilized this model to increase pay and improve working conditions often, employers say, without regard to ‘ability to pay.’ This article assesses that claim against the results that the model produces and how insiders understand the system as operating. Its conclusion is that interest arbitration has produced good results, especially for police and emergency workers and the community they serve, but the means of getting there have soured relations and may need reform to remain sustainable into the future.

Doping controls and the ‘Mature Minor’ elite athlete: towards clarification?

ABSTRACTDoping control is an integral part of participation in sport. It aims to protect the health of athletes and to preserve the integrity and intrinsic values associated with elite sport. The World-Anti-Doping Code applies to all participating athletes, irrespective of their legal capacity and ability to provide informed consent. As such, anti-doping rule violations and the strict liability standard apply to both minor and adult athletes. Under the current Code, minors are defined as any athlete under the age of 18, and so, their vulnerable status may not be fully considered. Participation in sport (including doping control testing) is a unilateral choice – an athlete can accept or refuse to abide by the Code – if refused, the right to compete is forfeited. This article aims to explore the need for further clarification on the new categorisation of ‘mature minor’ elite athletes in the Code. We begin by providing an overview of current doping control testing procedures and the specific issues regarding consent to sample collection under the Code’s strict liability approach with its associated sanctions. We then examine the rights of minors under the Code within the broader international legal context. We conclude with a reflection on how the notion of mature minor has been addressed elsewhere, and how this can further inform ongoing revisions of the Code. These include greater flexibility in the recognition of both contextual and certain statutory criteria.

The proceedings of medical emergency teams with patients with acute myocardial infarction with an elevation of ST-segment in the Gorlice county

INTRODUCTION: Ischaemic heart disease and myocardial infarction are the main cause of morbidity and mortality in western civilizations. In the broad definition of ischaemic heart disease is a disease entity which is STEMI. It is a life-threatening condition that can lead to cardiac arrest in a short time. The development of knowledge and treatment systems has contributed to a significant decrease in-hospital mortality as a result of STEMI, however, the total mortality because of this disease has practically not decreased, because about 2/3 of deaths occur in the pre-hospital period before the patient receives reperfusion therapy. Therefore, it is so important to regularly analyse the rescue procedure and modernize solutions aimed at improving the survivability of these people. The aim of the study is to evaluate the proceeding of emergency medical teams in patients with acute myocardial infarction with ST elevation on the ECG. MATERIAL AND METHODS: The Rescue Orders Cards and Medical Rescue Operations Cards of emergency medical teams operating in the Gorlice county in the period from 01.01.2016 to 31.12.2017 were used for the study. There were identified cases in which diagnosis from group I21 according to ICD-10 was made and all other cases in which patients were transported directly to the haemodynamic regardless of the diagnosis made, and in whom in ECG was diagnosed STEMI. The study was carried out based on the analysis of medical documentation of the Emergency Service in Gorlice. A type of Desk Research analysis was also used to review the available literature and research results of other authors from recent years. RESULTS: Analysis of the research material showed that: – – statutory criteria of reach time to the patient were met in 68.3% of cases, – – 51.14% of patients with STEMI symptoms call on EMS after 2 hours from their occurrence, – – 89.36% of patients with STEMI were transported directly to the haemodynamic, – – the median from diagnosis of STEMI to hand over in cases of transport the patient to the haemodynamic was 65 minutes, – – two-stage antiplatelet treatment is used in 47.87% of cases. CONCLUSIONS: The time of reach EMS to the patient with STEMI is in most cases within the limits of the statutory standard. Most of the patients with STEMI symptoms delay call an ambulance by more than 2 hours. The vast majority of patients with a diagnosis STEMI get directly to the haemodynamic while meeting the assumed time criterion of 100 minutes. The frequency of anticoagulant and antiplatelet drug therapy is not in line with current recommendations. In most cases paramedics use ECG tele-transmission.

Individual Retirement Accounts: Formalizing Labor's and IRS's Collaborative Efforts Could Strengthen Oversight of Prohibited Transactions

The Department of Labor (DOL) has a process to grant administrative exemptions for individual retirement account (IRA) transactions that would otherwise be prohibited by law, such as an IRA buying investment property from the IRA owner. DOL evaluates applications using statutory criteria and follows administrative procedures codified in regulations. Applications for proposed transactions that are substantially similar to certain other transactions previously granted exemptions may follow an expedited process. GAO found that roughly half (56) of the IRA prohibited transaction exemption applications it reviewed were withdrawn by the applicant before the review process was completed. In reviewing processed applications, GAO found that most of the prohibited transactions for which an exemption was sought involved the sale of IRA assets. With regard to DOL's application review process, GAO found that DOL has not sufficiently documented internal policies and procedures to help ensure effective internal control of its process. Documenting procedures could increase transparency about how applications are handled, reduce the risk of DOL employees carrying out their duties inconsistently, and provide a means to retain organizational knowledge should key personnel leave unexpectedly. Although DOL and the Internal Revenue Service (IRS) share some information as part of their oversight responsibility for prohibited IRA transactions, no formal mechanism exists to help guide collaboration between the agencies. Of the 124 IRA applications GAO reviewed, only eight reflected DOL contact with IRS. GAO found that DOL has information about requested exemptions to prohibited IRA transaction rules that could be useful to IRS in carrying out its oversight responsibilities. For example, DOL does not share information on denials — information that could be useful as prohibited transaction examples for IRS examiner training and educational outreach to IRA owners. In prior work on interagency collaboration, GAO has found that formal agreements, such as a memorandum of understanding, can help agencies monitor, evaluate, and update interagency collaboration. Formalizing the sharing of information between DOL and IRS regarding IRA prohibited transaction exemptions could help the agencies better support their current coordination efforts and identify additional opportunities for greater collaboration.

THE NEW CRITERIA FOR EXPERT EVIDENCE IN BRITISH COURTS – CASE LAW, STATUTORY RULES AND A NEGLIGENCE CASE STUDY

This work aims to analyse the legislation proposed by The Law Commission in Great Britain in order to establish statutory criteria for expert evidence in court. The proposal is assessed against the amendment of the Criminal Procedure Rules (CPR) initiated by The Government. From this comparison implications for expert witnesses are derived. For illustrative purposes, the case study of fictitious divorce proceedings of Peter Morgan is dealt with. The study shows legal remedies available to a party against its expert witness in negligence cases.  Methodologically, expert evidence admissibility criteria are discussed on the background of common law rules and the Criminal Procedure Rules (2015). Legal academic literature is consulted to enrich the argument. The findings show that the Criminal Procedure Rules (2015) are rooted in settled case law, albeit stressing expertise enhancement and professional qualifications. The discussion of the Peter Morgan case study provides for a legal route for negligence claims based on the case law of Jones v Kaney. The originality of this work is based upon a thorough analysis of case law and legal writings, with the focus on newly introduced Criminal Procedure Rules and recent landmark cases.

Citgo, Sponsored by Boston: Why We Shouldn't Landmark Ads

The Citgo sign, a massive lighted advertisement just beyond the bounds of Fenway Park, is a Boston landmark. The sign has been a fixture in the Boston skyline for decades. For almost as many years, the city has debated whether to give the sign protected landmark status, freezing the advertisement—and potentially much of the surrounding development—in place. Unquestionably, the Citgo sign and other advertisements like it meet statutory criteria for landmark designation, and landmarking them would serve the goals supposed to be furthered by historic preservation in general. But landmarking advertisements, as opposed to buildings, boats and bridges, presents constitutional and statutory issues that should give landmarks commissions pause. This Note is the first to explore the many legal problems caused by landmarking advertisements. It also addresses certain policy concerns raised by decisions to grant the legal protection of historic preservation laws to ads. In designating advertisements as landmarks, cities expose themselves to takings claims (by affected property owners) and statutory economic- hardship claims (by affected advertisers) that could ultimately force taxpayers to bear the cost of advertising for profitable corporations. And because advertisements communicate, while more traditional subjects of historic preservation do not, landmarking them could also subject cities to compelled-speech claims. Unlike the takings and economic-hardship claims, First Amendment violations cannot be satisfied by paying just compensation. The potential landmarking of the Citgo sign is used as a case study to explain the issues, but the problems would accompany the decision to landmark almost any advertisement. The approaches suggested for decisions to landmark advertisements would serve any preservation commission. I have posted the paper on SSRN to be accessed by the Boston Landmarks Commission and other interested parties in the ongoing Citgo sign debate.

Funding Climate Change Adaptation

Adapting to climate change poses unprecedented technical, administrative and political challenges for which New Zealand’s current planning, regulatory and funding frameworks are illequipped. Without reform, they will deliver neither efficient nor equitable outcomes. Indeed, they will encourage governmental delay, incentivise sub-optimal solutions, increase future burdens, and reduce societal resilience. For sound anticipatory governance, our current frameworks need reform. This article summarises the nature of the adaptation challenges facing New Zealand, outlines the problems with current policy settings, identifies principles and considerations that should guide the reform agenda, and reviews several policy options. On balance, we favour creating a new national institution mandated to fund or co-fund, in accordance with statutory criteria, the major costs of adaptation.

SOME COMPARISONS BETWEEN THE NIGERIAN AND SOUTH AFRICAN FISCAL REGIMES REGARDING AN INDIVIDUAL’S TAX RESIDENCE

Internationally, one of the most widely adopted criteria for determining the jurisdictional basis of a state’s taxing power is that of the taxpayer’s “residence”, “principal residence” or “ordinary residence”. However, statutory definitions often complicate these concepts, as is the case in Nigeria, and it is common for relief to be granted where the application of these criteria would expose the taxpayer in question to tax on the same income in more than one tax jurisdiction. In Nigeria, the determination of the residence of taxable persons involves the application of statutory criteria and moreover, the legislation makes it necessary to locate residence within a particular state of Nigeria. In the interpretation of the statutory criteria, precedence is given to decisions of the Nigerian courts.

Developing a conceptual model for the environmental management of power plant wastes

ABSTRACTDespite the vital role of electricity in human life, the energy supply process produces all kinds of pollutants such as solid wastes. Unfortunately, due to the lack of specific charge of administration, lack of legal and statutory criteria for effective control, and lack of supervising organizations, in Iran the industrial wastes couldn’t be managed well. The quantity and quality of waste of power plants have been investigated, and then a questionnaire was sent to all stations. The results showed that the use of Mazut fuel and gas oil will increase the rate of wastes. In thermal-gas power plants, due to the consumption of natural gas and lack of water consumption in the production cycle, less wastes have been produced than the other thermal power plants. To determine and explain the factors affecting the production of waste in power plants, an interview was held in the presence of 40 experts in the field of power plant wastes, and after determining the factors affecting the rate of wastes in power plants, Analytical Hierarchy Processes (AHPs) were used for the weighing and prioritization of each of these factors. In the next step, according to the collected data, the conceptual model for the environmental management of power plants was provided. The most important factors in the production of wastes based on the type of fuel type are the type of power plant and the quality of water. Generally, power plant wastes are divided into three categories: ordinary, industrial, and hazardous. Ordinary wastes could be buried in the landfill of urban wastes. However, in the case of industrial and hazardous wastes, location for the landfill is necessary. Also, some wastes like clarifier sediments and combustion wastes could be reused in other industries in order to reduce the volume of these wastes and in some cases reduces the risk of as well.

Uznaniowość i niespójność jako potencjalne źródła nierówności w procesie usamodzielniania osób opuszczających socjalizacyjne placówki opiekuńczo-wychowawcze

W artykule została poruszona problematyka realizowania ustawowo zaprojektowanego procesu usamodzielniania wychowanków opuszczających placówki opiekuńczo-wychowawcze typu socjalizacyjnego. Usamodzielnianie podopiecznych systemu pieczy zastępczej zarówno o charakterze instytucjonalnym. jak i rodzinnym, zostało ujęte głównie w dwóch aktach prawnych – ustawie o pomocy społecznej oraz ustawie o wspieraniu rodziny i systemie pieczy zastępczej. Przechodzenie z placówki zapewniającej całodobową opiekę do samodzielnego prowadzenia gospodarstwa domowego stanowi dużą zmianę życiową, wpływając w znaczący sposób na dalszy przebieg życia usamodzielniającego się wychowanka. Artykuł stanowi głos w dyskusji dotyczącej przebiegu procesu usamodzielnienia, w szczególności skupia się na omówieniu niedoskonałości obecnych w ustawowych kryteriach i systemie wsparcia osób opuszczających instytucje opiekuńcze. Przebieg procesu usamodzielnienia w ujęciu praktycznym został przedstawiony na podstawie wybranych wyników badań ilościowych i jakościowych, w tym prowadzonych na potrzeby projektów realizowanych przez Gdańską Fundację Innowacji Społecznych, SOS Wioski Dziecięce oraz Fundację Robinson Crusoe. W niniejszej pracy odwołano się do teorii Michaela Lipsky’ego – Street level bureaucracy – która posłużyła do skonstruowania rekomendacji mających na celu łagodzenie lub niwelowanie niespójności pojawiających się w procesie usamodzielnienia, a które, poprzez swoje występowanie, mogą prowadzić do nierówności skutkujących pogorszeniem sytuacji życiowej wychowanków opuszczających instytucjonalną pieczę zastępczą.

Let Me Tell You What I Want: Decisional Capacity, Neurogenic Speech and Language Impairments, and the Law

Patients of speech and language pathologists (SLPs) frequently encounter a variety of important clinical (diagnostic, therapeutic, and research-related), personal, family, residential, and financial decisions that need to be made in their lives. Valid decisions can be made only by people with adequate decisional capacity. Patients’ capacity thus is a crucial matter for SLPs in fulfilling their professional duties. The subject of decisional capacity is inherently interdisciplinary and encompasses a number of different components, among them medical, psychological, social, ethical, and legal considerations. This article concentrates on the legal aspects of decision making, because “[e]ven when the legal system is not formally involved in the competency evaluation of a particular individual, clinical practice and ethical conduct occur within and are informed by legal parameters.” Put differently, “Judicial decisions and statutory language inform clinical capacity criteria and assessments. Similarly, judicial and legal standards are derived from clinical capacity criteria and clinically based research.” Guided by a legal focus, the first section outlines the key conceptual foundations anchoring a discussion of decisional capacity generally. The paper then attempts to apply these conceptual foundations specifically to people with significant neurogenic speech and language impairments resulting from aphasia, dysarthia, cognitive deficits, hearing deficiencies, and visual problems. This population is especially at risk of not being involved in the decision making processes that affect their lives. In the ensuing section, the legal and practical consequences of insufficient decisional capacity for individuals with motor speech disorders and language disturbances are set forth.

„Niech zwierzęta mają prawa!” Monitoring ścigania oraz karania sprawców przestępstw przeciwko zwierzętom

“LET ANIMALS HAVE RIGHTS!” MONITORING PROSECUTION AND PUNISHMENT OF CRIMES AGAINST ANIMALSThe article presents results of monitoring the district prosecutors offices and common courts in 2012–2014 in terms of prosecution and punishment of crimes specified in Animal Protection Act. Study was conducted in 2015 by EKOSTRAŻ and Czarna Owca Pana Kota Foundation as a part of the project “Let animals have rights”, realised within the programme Citizens for Democracy and funded by EOG Funds. In this text author describes some sources of problems connected with prosecution and punishment of crimes against animals and suggests how to solve them. In particular, argues in favor of simplification and modification of statutory criteria of the animal abuse crime in order to expand penalization cases of inhumane treatment of animals.