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Books > Law > Other areas of law > Law as it applies to other professions
Medical-legal consultant Randine Lewis provides lawyers with basic instruction in the practice of modern medicine, and introduces health care professionals to the process of litigation. Her goal is not to incite frivolous or excessive legal actions; instead, she hopes to enable people on both sides of a legal issue to understand how the other side will proceed toward obtaining some kind of redress. Lewis maintains that medical knowledge is lacking in most law firms and her book seeks to remedy that. With the basics of medicine clearly laid out and the risks inherent in medical treatment explained, hew book will be a hands-on desk reference not only in law offices but also in medical and health care occupations. Well illustrated, with examples, lists, and medical terms clearly explained, the book will also be useful to paralegals, nurses, consultants, and other professionals who become involved in litigation involving health care.
Adverse effects of drugs are a constant source of medical problems but also of professional and legal confrontations. More than a quarter of all malpractice suits brought against physicians or other health professionals revolve around drug injury; for drug manufacturers, civil cases brought by patients are growing problem. Where conflicts do not reach the courts they are often the subject of settlements or of decisions taken by professional disciplinary councils. Uniguely, this book analysis and documents the responsibilities which all parties bear in law and ethics to render drug treatment as safe as it can be, and the liability whidh arises when injury is siffered. Special attention is devoted to the apportionment of liability, where faults may have been made by more than one party, and to the establishment of facts in a field where the evidence is likely to be heavily challenged. The pproach is global, since drugs, their makers and their users are much the same across the world; what is more systems of law and ethics have borrowed solutions from one another, while in some parts of the world - notably in consultations between the United States, Europe and Japan, medicinal policies and regulations are fast being harmonized. Contents: Six chapters in the book document the general medical and legal background to drug safewty and injury; seven set out the duties and liability of the parties concerned ranging from health professionals through governments and institutions to the patient himself. Eight chapters provide in-depth guidance on special issues including drug injury to the unborn child, vaccines, liability in alternative medicine and existing compensation schemes.
The crisis of distribution is one of the longest standing and complicated issues facing human society. Imbued with social, political, historic, and cultural elements, it varies significantly across different countries as a result of all these factors. As an emerging economy which transferred from a planned to a market economy, China has experienced large distribution gaps since it implemented the Reform and Opening-up Policy in the early 1980s, requiring stronger economic law to mitigate and regulate the crisis of distribution. The two volumes examine the crisis of distribution that China faces and proposes policy and economic law methods that can be used to overcome the distribution dilemma. The author discusses the four main concepts and focus points of the crisis of distribution - distribution itself, the crises it faces, the rule of law and development before proposing a theoretical framework of "system-distribution-development" to resolve distribution problems that China faces. The book should be of keen interest to researchers and students of law, economics, and political science.
The multidisciplinary book assesses the legal and economic uncertainties surrounding the collection, storage, provision and economic development of biological samples (tumors, tissues, cells) and associated personal data related to oncology. Public, partly public and private sector actors in the field of cancer care and research hold collections supported by significant public and social funding. Under certain conditions, particularly in the context of networking (sometimes promoted by public authorities), these collections can also represent major economic assets and scientific resources. However, this involves a number of issues and institutional constraints: legal: the will of the source person; non-pecuniary damage; freedom to establish collections; competence in deciding on their use; legal frameworks for their distribution; desire for return on investment for public institutions, notably in terms of industrial and intellectual property. economic: cost of establishing and running biological resource centres; destroying resources; emerging markets; profit sharing. public health policy choices: prioritisation of therapeutic measures over research (fundamental or clinical trials); conservation of resources; promotion of scientific (and not commercial) value of collections. The establishment, heritage recognition ("patrimonialisation"), development and sharing of these resources thus merit our calling into question present practices and their evolution, as well as the leverage available to public authorities (incentives, legislation, regulation) in a context where norms emerge from professional practice to become widely used in collaborative networks. Filling a gap in the current literature on law and economics, which pays little heed to these specific considerations, this book explores these considerations to bring to light the economic implications of ethical choices and governance issues in the health sector (structural organisation of local, national and European actors in oncology). It is intended for researchers in fields such as law, economics and biomedical sciences, as well as for public policymakers.
A survey of the evolution of student rights, from children as property to free speech, prayer in the classroom, compulsory flag salutes, school searches, drug testing, and the right to equal education. This fascinating survey provides a comprehensive introduction to student rights, tracing the legal status of children as their father's property to their current status as citizens entitled to constitutional rights. Written by Patricia Hinchey, Student Rights: A Reference Handbook chronicles the landmark legislation and court decisions that have enabled the gradual transformation of students' rights. This book explains issues surrounding mandatory education and education as a property right, examines various inequities such as the segregation of minority students, and discusses bilingualism (notably the Ebonics, or Black English, controversy in Oakland, California). It describes the persistent tension regarding religion and education, and explores current controversies such as the widespread use of strip searches in schools by nonuniformed officials. Provides a chronology of selected legislation and Supreme Court cases from the Bill of Rights in 1791 to the 2000 ruling in Santa Fe Independent School District v. Doe, which struck down a Texas high school policy allowing student-led prayers at football games Includes a diverse directory of organizations and Internet resources from the ACLU and Christian Coalition of America to the Internet Free Expression Alliance and the official Teen Rights home page
This book is one of four publications intended to engage a broad range of persons in informed decision-making regarding key health and human value questions. Each publication has a usefulness of its own, while all four comprise a convenient series.
This study argues that the decriminalization of sex work in China can contribute to HIV prevention and human rights protection. The argument is supported by six key concepts: the universality of human rights, rights-based approaches to HIV, sex work as work, risk environment for HIV transmission, decriminalization of sex work as a preferred model for HIV prevention, and rights-based responses to HIV and sex work. Three research methods are used, including research methods from law, social science, and public health. Recommendations are provided to reform Chinese law and HIV policy.
Electronic commerce is here to stay. No matter how big the dot-com crisis was or how far the e-entrepreneurs' shares fell in the market, the fact remains that there is still confidence in electronic trading. At least it would appear that investors are confident in e-companies again. However, not only trust of venture capitalists is of importance--consumers also have to have faith in on-line business. After all, without consumers there is no e-business. Interacting lawyers, technicians and economists are needed to create a trustworthy electronic commerce environment. To achieve this environment, thorough and inter-disciplinary research is required and that is exactly what this book is about. Researchers of the project Enabling Electronic Commerce from the Dutch universities of Tilburg and Eindhoven have chosen a number of e-topics to elaborate on trust from their point of view. This volume makes clear that the various disciplines can and will play a role in developing conditions for trust and thus contribute to a successful electronic market.
This highly useful reference outlines best practices in key areas of human resources that are not only fair and equitable, but that can withstand legal scrutiny. Industrial/organizational experts apply their empirical knowledge and practical experience to aspects of HR that are commonly litigated, including broad and specific topics in testing of potential employees, disability issues, compensation and pay equity, and work hours. The book is written to be accessible to readers currently in HR-related graduate-level training as well as HR practitioners with or without background in industrial/organizational psychology. And to add to its utility, chapters feature practical strategies for addressing each of the legal issues presented. Among the topics covered: Measuring adverse impact in employee selection decisions. Using background checks in the employee selection process. Disabilities: best practices for vulnerabilities associated with the ADA. Physical abilities testing. Wage and hour litigation. Clinical psychological testing for employee selection. Conducting compensation equity analyses. Practitioner's Guide to Legal Issues in Organizations brings clear, up-to-date information to graduate students studying human resources, management, industrial/organizational psychology who are interested in legal issues, as well as applied HR practitioners such as industrial/organizational psychologists, human resources generalists, management and labor economists.
All healthcare professionals working with complementary therapies must be fully aware of legal boundaries, responsibilities and liabilities in the practice of complementary therapies. This book covers all the main topics and principles and deals with points specific to individual therapies, helping practitioners to practice confidently.Legal aspects of using and integrating complementary therapies in health care practice present an area of anxiety for therapists, nurses and others Bridget Dimond is very well known in the UK as a speaker in this topic. It is the subject on which she is most frequently asked to talk at conferences.Information is clearly presented and extremely practical
* Bridges the disciplines of litigation and neuropsychology in a modern UK context. * Conveys the complexity and huge amount of research data into an accessible medicolegal based neuropsychology text with relevance for both lawyers and psychologists. * A scientifically oriented exploration based on real-life case examples
Written with human resources professionals, in-house counsel and employment lawyers in mind, readers are introduced to the statistical analysis of adverse impact. Various tools for examining disparate impact are presented in a non-technical manner. Concrete examples and simple calculations demonstrate how these statistical tools can be applied to questions of adverse impact in hiring, promotion, and termination decisions. Traditional areas of vulnerability to adverse impact are discussed, and some emerging areas with potential for adverse impact, such as the use of social media in recruiting and current employment status as a candidate screening tool, are presented. The underlying sources of vulnerability are explored and pending legislation is discussed. The importance of litigation avoidance is stressed, and suggestions for minimizing the risk of employment litigation with proactive statistical analysis are provided. The goal is to give human resources professionals and legal counsel a better understanding of the information their statistical consultants are providing. This leads to an improved ability to identify and correct problem areas that may exist within the organization, as well as to prevent problems from arising in the future.
Employment Law in Contextis the perfect guide to the legal principles that students are likely to encounter on a day-to-day basis as a HR professional. Written by experienced HR practitioners and covering all aspects of the employment relationship from beginning to end, the book also provides invaluable guidance on how to apply the legal principles across a range of practical workplace scenarios.
In recent years, a number of global claims have failed because they
were presented without any systematic analysis, justification or
proper calculation of losses. Hence, "Global Claims in
Construction" highlights these issues as well as the importance of
understanding causation, factual necessity and the courts' attitude
and approach to global claims.
Methodologies and legislative frameworks regarding the archaeological excavation, retrieval, analysis, curation and potential reburial of human skeletal remains differ throughout the world. As work forces have become increasingly mobile and international research collaborations are steadily increasing, the need for a more comprehensive understanding of different national research traditions, methodologies and legislative structures within the academic and commercial sector of physical anthropology has arisen. The Routledge Handbook of Archaeological Human Remains and Legislation provides comprehensive information on the excavation of archaeological human remains and the law through 62 individual country contributions from Europe, Asia, Africa, North America, South America and Australasia. More specifically, the volume discusses the following: What is the current situation (including a brief history) of physical anthropology in the country? What happens on discovering human remains (who is notified, etc.)? What is the current legislation regarding the excavation of archaeological human skeletal remains? Is a license needed to excavate human remains? Is there any specific legislation regarding excavation in churchyards? Any specific legislation regarding war graves? Are physical anthropologists involved in the excavation process? Where is the cut-off point between forensic and archaeological human remains (e.g. 100 years, 50 years, 25 years...)? Can human remains be transported abroad for research purposes? What methods of anthropological analysis are mostly used in the country? Are there any methods created in that country which are population-specific? Are there particular ethical issues that need to be considered when excavating human remains, such as religious groups or tribal groups? In addition, an overview of landmark anthropological studies and important collections are provided where appropriate. The entries are contained by an introductory chapter by the editors which establish the objectives and structure of the book, setting it within a wider archaeological framework, and a conclusion which explores the current European and world-wide trends and perspectives in the study of archaeological human remains. The Routledge Handbook of Archaeological Human Remains and Legislation makes a timely, much-needed contribution to the field of physical anthropology and is unique as it combines information on the excavation of human remains and the legislation that guides it, alongside information on the current state of physical anthropology across several continents. It is an indispensible tool for archaeologists involved in the excavation of human remains around the world.
This collection critically explores the use of financial technology (FinTech) and artificial intelligence (AI) in the financial sector and discusses effective regulation and the prevention of crime. Focusing on crypto-assets, InsureTech and the digitisation of financial dispute resolution, the book examines the strategic and ethical aspects of incorporating AI into the financial sector. The volume adopts a comparative legal approach to: critically evaluate the strategic and ethical benefits and challenges of AI in the financial sector; critically analyse the role, values and challenges of FinTech in society; make recommendations on protecting vulnerable customers without restricting financial innovation; and to make recommendations on effective regulation and prevention of crime in these areas. The book will be of interest to teachers and students of banking and financial regulation related modules, researchers in computer science, corporate governance, and business and economics. It will also be a valuable resource for policy makers including government departments, law enforcement agencies, financial regulatory agencies, people employed within the financial services sector, and professional services such as law, and technology.
It is possible to increase cost-effectiveness and lower the risk of lawsuits while improving patient care and office morale. In this revolutionary work, the authors, a seasoned primary care physician and an experienced defense attorney, detail risk management techniques and introduce the concept of co-active medicine. Their book will provide practical guidance for all primary care physicians, and will serve as an invaluable resource for risk management consultants and malpractice attorneys.
"No doctor, however great his capacity or original his ideas, has the right to choose martyrs for science or for the general good." Human Guinea Pigs: Experimentation on Man.Whistle-blowers tend not to be very popular. Maurice Pappworth's whistle was in the form of Human Guinea Pigs, the controversial book published in 1967 which examined unethical medical experimentation on humans and identified the researchers and institutions responsible. The ground-breaking text took the medical establishment by storm and provoked questions in Parliament. Brilliant, Jewish, already an outsider, Pappworth was recognised as the best medical teacher in the country. But convinced that the reason for these experiments being carried out was purely to advance the careers of ambitious practitioners, Pappworth had to speak up. In the wake of his expose, stricter codes of practice for human experimentation were put into place and the establishment of the research ethics committees was formed, which remains in place today. Maurice Pappworth's daughter, the late Joanna Seldon, re-assesses the importance of Human Guinea Pigs in her book Whistle-blower: The Life of Maurice Pappworth. She considers her father's text a major milestone in the development of current medical research ethics and demands a re-evaluation of the pioneering medical ethicist who compromised his own career in order to ensure the protection of the patient. |
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