Health law and mental health law courses in US medical schools

Results of a recent survey of all 127 medical schools in the United States indicate that about two fifths of medical schools offer a separate course that focuses on topics in medicine and law and a number of medical schools integrate health law topics into other courses. Presumably reflecting concern over temporary medical malpractice litigation, most health law courses include informed consent, medical malpractice, privileged/confidential information, and patients' rights. In contrast, schools that offer a course on psychiatry and law are clearly in a minority. It is elective at all but two of the 13 schools with such a course. Although the hours allotted and the format of these courses vary greatly, courses typically cover most of the topics listed on the questionnaire. Most of the courses are led or co-led by a member of the American Academy of Psychiatry and the Law. Information from two additional surveys suggests two related factors that may influence a medical school to present a separate course on health law. Medical licensing boards were surveyed to determine which states require physicians to be examined on health law. In two states that require physicians to pass a separate medical jurisprudence examination for licensure, all four-year medical schools offer a course on health law for medical students. Medical malpractice companies providing coverage in all 50 states and the District of Columbia were surveyed to determine which states have the highest claim rates. The claim rate per 1,000 physicians insured per year was significantly greater in states with health law courses than was the rate in states without such courses.     

Camera/video phones in schools: law and practice

The emergence of mobile phones with built-in digital cameras is creating legal and ethical concerns for school systems throughout the world. Users of such phones can instantly email, print or post pictures to other MMS1 1. MMS stands for Multimedia Messaging Services. MMS is frequently used to send photos from camera phones to other MMS phones or email addresses. View all notes phones or websites. Local authorities and schools in Britain, Europe, USA, Canada, Australia and elsewhere have introduced outright bans on their use because of the problems or risks they pose if misused. Risks concerned with pupils surreptitiously photographing other pupils in changing rooms or photographing examination papers are obvious examples. The article examines some worldwide examples of the misuse of camera phones in schools and the issues and problems that emerged. A landmark decision concerning the European Data Privacy Directive (Directive 95/46/EC) in the case of Bodil Lindqvist by the European Court of Justice is explored and the implications for camera phones considered. The article concludes by stating that because of their ubiquity and social potency, it is probably a mistake and an overreaction for education authorities or schools to introduce blanket bans on the possession of camera phones. Rather they need to devise sensible agreements and policies on camera phone usage.     

Family as a commonsensical device and its place in law★

This paper is in five main parts. The first introduces membership categorisation analysis (MCA) as originally outlined by Harvey Sacks and, here, as a possible extension of semiotic analysis. MCA is broadly a contribution to discourse analysis in general and to conversation analysis in particular. The approach concerns membership categorisation devices such as family, the categories they can contain such as ‘mother’, ‘father’, ‘child’, etc. and the category-bound activities or predicates commonsensically attachable to such categories. The second section looks at the legal background to family law in Australia and shows that its basic assumption is, by and large and with some exceptions, to work from categories (what people are) rather than from predicates (what they in fact do). In the third section, we examine a particular Family Court case (Re Patrick) which highlights the contestation between these approaches. Following this, we examine some recent shifts in the Australian states and territories towards more predicationally-based legislation and argue for their coherence in contemporary society and its increasingly flexible conceptions of what may constitute a family. Finally, we return to the question of semiotics generally and make a case for our MCA-based distinctions as contributions to a possible semiotics of law. In the beginning was the deed – Goethe     

Smoking in the work place: a management perspective.

In the past, smoking in the private work place has been a matter left largely to the discretion of individual employees and employers. A recent poll of the nation's largest service and industrial companies indicates a strong employer preference for this noninterventionist approach by which employees work out smoking-related problems among themselves. Nonetheless, approximately eight states and four dozen localities have passed legislation regulating smoking in the private work place, apparently in response to the courts' reluctance to order such restrictions where the employer has undertaken reasonable efforts to accommodate smokers and nonsmokers. While these laws vary widely in their language and specifics, they may pose significant practical and compliance problems for employers. In the following article, the authors examine judicial, legislative, and employer responses to work-place smoking issues and discuss the options of private employers for coping with this problem.     

论政府法制管理创新

政府法制管理是一个新的政府管理模式,它包括政府的法制化和政府依法实行管理两大方面。政府法制管理创新是实现政府法制管理和政府科学管理的有效整合,以形成一个科学、合理、高效、协调的法制政府系统。政府法制管理创新不仅会提高政府管理工作的效率,而且会促进社会发展的长期的整体的效益。实现政府法制管理创新必须解决好政府官员及专家与人民群众的素质整合、政府法制管理与执政党领导的整合、政府权力与公民权利的整合、政府管理效率与社会效益的整合等问题。     

Nature and place of crime scene management within forensic sciences

This short paper presents the preliminary results of a recent study aimed at appreciating the relevant parameters required to qualify forensic science as a science through an epistemological analysis. The reader is invited to reflect upon references within a historical and logical framework which assert that forensic science is based upon two fundamental principles (those of Locard and Kirk). The basis of the assertion that forensic science is indeed a science should be appreciated not only on one epistemological criteria (as Popper's falsification raised by the Daubert hearing was), but also on the logical frameworks used by the individuals involved (investigator, expert witness and trier of fact) from the crime scene examination to the final interpretation of the evidence. Hence, it can be argued that the management of the crime scene should be integrated into the scientific way of thinking rather than remain as a technical discipline as recently suggested by Harrison.     

经济法在我国法律体系中地位的确立与发展

我国最高权力机关将有中国特色社会主义法律体系划分为七个法律部门 ,其中包括经济法。经济法地位的全面确立 ,既是法学理论的创新和发展 ,是经济法理论的硕果 ;又是民主与法制建设实践的创新 ,是经济法制建设实践的胜利 ;还是马克思主义唯物论和辩证法的充分运用。 2 1世纪经济法面临诸多机遇和挑战 ,要在立法上实现向综合性的经济立法、区域性的经济立法转变 ;要抓好经济法实施的工作与研究 ;要抓住重点部门和重点领域的研究 ;要不断创新经济法的研究方法。