Psychiatric screening of civil service candidates with particular reference to police applicants.

This prelimary report has reviewed the activities of a Medical Review Board for a Civil Service Commission. The responsibility of the Board is to review conflicting data in cases where the hiring authority has attempted to exclude a candidate, particularly a police candidate, on the grounds that the applicant is mentally unfit to perform the duties of the position. This rule has been applied primarily to police applicants, secondarily to fireman applicants, and rarely to other. Psychiatrists who participate must be aware of the underlying conflicts within civil service systems, the possibility of manipulation, and the rigidity of the system which is designed to protect the greatest number. Civil service systems have limited discretion on personnel policies. Therefore, psychiatrists must be careful not to act as arbiters for social institutions without a sound and meticulous basis for their participation. For those psychiatrists who participate in the process, the urgent need to do so in accord with professional standards is stressed, recognizing that standards change and that the nature of participation will be scrutinized by many in society outside the profession.     

我国合议制裁判的缺陷及其完善——基于决策理论的分析

合议制裁判是多个人在法律规范的框架内进行判断与决策的行为,遵循群体决策行为的基本规律。群体决策的绩效受决策目标、群体规模、群体意识、决策能力、决策时间、交互方式、集结规则、外部环境等多种因素的影响,以此标准逐一衡量,我国合议制裁判在诸多方面存在缺陷,需要基于群体决策理论的相关结论,有针对性地进行改革与完善。     

Arbitration and Incentives: How to Preclude the Chilling Effect?

We seek to establish a mechanism for an arbitrator, as a set of rules used to control parties' incentives. We assume that the arbitrator is allowed to commit himself to a decision rule ex ante. The results show that the parties' messages reveal their private information if the costs of lie are high enough and if the decision rule is random. The decision rule described can apply to conventional arbitration and to final-offer arbitration.     

Revised standards for protection against radiation; minor amendments--NRC. Final rule: minor corrective and conforming amendments

This final rule makes a number of minor corrective and conforming amendments to the NRC's revised standards for protection against radiation. The final rule is necessary to correct recently discovered errors in the text of the revised standards, to conform portions of regulatory text to the Commission's decision to defer mandatory implementation of the revised standards until 1994, and to reflect the recent OMB approval of the use of NRC Forms 4 and 5.     

The Alabama Structured Assessment of Treatment Completion for insanity acquittes (The AlaSATcom)

The most complex and risky decisions made by forensic psychiatrists revolve around the decision to release insanity acquittes from custody. This decision has several levels of risk, including the potential liability to the psychiatrist as well as the possible risk to the community. A single bad outcome, even if not predictable, can have disastrous results, not only for victims, but also for the releasing facility. Since predicting violence has so many problems, we chose to look at completeness of treatment instead, so we could say to the Court, "We don't know about violence, but we do know that he has vastly improved." Since many NGRI (Not Guilty by Reason of Insanity) patients spend years in the hospital, they are also expensive. They have rights, as well; therefore the complex assessment must be done as quickly and as accurately as possible. We have developed a spread sheet program to compare these multiple factors, and have compared it against the clinical decisions we have made in more than 100 discharges. We believe this gives a framework for decision-making that will increase the consistency of this process.     

Rule‐Making by the European Financial Supervisory Authorities: Walking a Tight Rope

The new European Financial Supervisory Authorities have received much attention in the literature, particularly due to their exceptional emergency decision‐making powers. By contrast, this article explicitly chooses to focus on these agencies' less explored yet equally crucial role: their (quasi‐)rule‐making responsibilities. While being less striking at first sight than their emergency counterparts, these rule‐making powers are considerable, carry significant consequences, and raise some interesting dilemmas and concerns. This article complements the previous contribution by going at a lower level of specification and zooming in on a crucial case for studying rule‐making by agencies as the Authorities constitute a culmination of agency rule‐making powers, as well as agency powers, more broadly. The article will analyse the Authorities' main (quasi‐)rule‐making powers and the relevant procedures. It will specifically investigate their role with respect to the adoption of regulatory and implementing technical standards, as well as guidelines and recommendations. The article also identifies and highlights a set of problematic issues that arise, threatening to jeopardise the legitimacy and credibility of their rule‐making.     

Quality standards and certification requirements for mammography facilities--FDA. Interim rule; opportunity for public comment

The Food and Drug Administration (FDA) is issuing regulations to implement the Mammography Quality Standards Act of 1992 (MQSA). The MQSA requires the establishment of a Federal certification and inspection program for mammography facilities; regulations and standards for accrediting bodies for mammography facilities; and standards for mammography equipment, personnel, and practices, including quality assurance. This regulation, which amends two previously published interim rules, modifies and adds to the definitions previously set forth. In addition, the interim rule provides a mechanism to request permission to meet alternative requirements, other than those previously set forth, if the proposed alternative requirement is at least as effective as the existing quality standards in achieving quality mammography services for women.     

Medicare and Medicaid programs; hospital conditions of participation: patients' rights. Final rule

This final rule finalizes the Patients' Rights Condition of Participation (CoP) which is applicable to all Medicare- and Medicaid-participating hospitals and contains standards that ensure minimum protections of each patient's physical and emotional health and safety. It responds to comments on the following standards presented in the July 2, 1999 interim final rule: Notice of rights; exercise of rights; privacy and safety; confidentiality of patient records; restraint for acute medical and surgical care; and seclusion and restraints for behavior management. As a result of comments received, we have revised the standards regarding restraint and seclusion and set forth standards regarding staff training and death reporting.     

Criteria for designation of mental health professional shortage areas--PHS. Final rule

This final rule amends the existing regulations governing the criteria for designation of health manpower shortage areas, or HMSAs (now health professional shortage areas, or HPSAs; name changed by Public Law 101-597, the National Health Service Corps Revitalization Amendments of 1990) under section 332 of the Public Health Service Act. Specifically, this amendment revises the existing criteria for designation of HMSAs having shortages of psychiatric manpower, transforming them into criteria for designation of HPSAs having shortages of mental health professionals, to take into account not only psychiatrists but also mental health service providers other than psychiatrists. The intended effect of this amendment is to more accurately assess the supply of mental health service providers when making shortage area determinations. This notice also summarizes the comments received by the Department on the Notice of Proposed Rulemaking published on August 8, 1989, which set forth the proposed methodology for making this and other changes to the HMSA criteria. It also formally changes "HMSA" to "HPSA" throughout the regulation, to conform with Public Law 101-597.     

"资本多数决"与瑕疵股东大会决议的效力——从计算法则的视角观察

"多数决原则"是团体行为的逻辑,公司法在遵循该原则时作出了修正,采"资本多数决"原则为了寻求股份平等与股东平等之间的平衡,多数国家和地区的公司法建立了以法定数为基础的资本多数决的计算规则 违反法定数的瑕疵股东大会决议,成为可撤销决议、决议不成立或者无效 我国公司法有关计算资本多数决的规则存在着不足,应予以修改     

The Argument of Rightness as an Element of the Discretionary Power of the Administrative Judge

The article concerns the situation of the judicial application of the law where the entity applying the law refers in a decision-making process to moral principles. The decision should be based on the directives of interpretation, which indicate the need for such a determination of the meaning of the applicable norms so that it remains in harmony with commonly accepted moral rules of the society. The equity (understood as rightness) has one more purpose; namely, it allows for the process of decision-making—and not just for the process of unifying the decisions—since the mere rule does not specify the algorithm of undertaking them. This rule thus assumes that it will be further specified by phronesis judge who in a given situation will determine—for the purposes of a particular decision—a hierarchy between the criteria of substantive justice “embedded” in this rule. The reference to equity (rightness) stands for the concretization of an unspecified general rule. We deal here with an indefinite general rule, the application of which is facilitated by a reference to rightness.

     

Let Specificity, Clarity, and Parsimony of Purpose Be Our Guide

The decisional rules embedded in presumptive guideline grids have achieved some of their drafters' objectives, but fall short of a ``rule of law' for sentencing – a paramount goal of the sentencing reforms Marvin Frankel set in motion twenty-five years ago. The rule of law requires a reasoning process that moves from penal purpose to penal measure, by fair inference from relevant facts. Two-dimensional grid guideline schemes gain simplicity by reducing relevant facts to two – current offense and prior record. Even when judges are permitted to consider other facts, the presumptive guideline methodology obscures differences in the penal purposes sentencers ought to have in mind for cases falling into the same cell of a grid. In contrast, the rule of law requires fact-finding in the individual case, to reveal such differences and to test the plausibility of available penal measures. This elevates the relevance of offender characteristics and circumstances, including some that are held ordinarily irrelevant in the federal scheme and are of uncertain relevance in many state schemes. While this is most obvious when use of noncustodial penal measures is subjected to the rule of law, it is no less important when imprisonment is used. Disparate impacts should be avoided by more sophisticated deployment of correctional authority and resources, not by constriction of the rule of law governing the sentencing decision itself.     

Per diem payments for the care provided to eligible veterans evacuated from a state home as a result of an emergency. Final rule

The Department of Veterans Affairs (VA) amends its regulations concerning per diem payments to States to permit continuation of such payments in some situations for veterans who have been evacuated from a State home as a result of an emergency. Per diem is the daily rate paid by VA to a State for providing a specified level of care to eligible veterans in a facility that is officially recognized and certified by VA. This final rule authorizes VA to continue to pay per diem when veterans for whom VA is paying per diem are evacuated as a result of an emergency from a State home to a facility that is not recognized by VA as a State home. The rule requires, in order for per diem payments to continue while the veteran is relocated due to an emergency, that an appropriate VA official determine whether an emergency exists and whether the facility to which veterans may be evacuated (evacuation facility) complies with certain minimum standards. The rule establishes the minimum standards that facilities to which veterans are evacuated must meet in order for States to continue receiving per diem for relocated veterans. These standards also apply to evacuation facilities when veterans are evacuated from contract nursing homes.     

An Improved Protection for the (Mentally Ill) Trans Parent: A Queer Reading of AP,Garçon and Nicot v France

The European Court of Human Rights has been deciding cases concerning LGBT rights since the early 1980s. Its case law on trans rights has changed drastically over time, imposing upon the states of the Council of Europe certain minimum standards regarding the legal recognition of gender identity. In its recent judgment of April 2017 the Court laid down a new rule to be adopted by domestic legislation; namely, that the legal recognition of gender transition cannot be made conditional upon pursuing medical or surgical procedures which have (or are likely to have) sterilising effects. This article analyses the judgment from a critical perspective grounded in queer theory, noting both the positive and the negative elements of the Court's decision.     

In the wake of Ake: the ethics of expert testimony in an advocate's world

The decision of the U.S. Supreme Court in Ake v. Oklahoma redefined the role of psychiatrists as experts in criminal cases. In addition to the expert's serving as evaluator and witness, the Court stressed the importance of the defense having a psychiatrist available to act as a consultant in the preparation and presentation of its case. This broader conception of the expert's role has raised ethical questions among psychiatrists, many of whom are concerned that their impartiality may be compromised. A careful analysis of Ake, however, demonstrates that substantial differences remain between the roles of consultant and advocate. Subtle pressures on impartial functioning will be increased, but they will not differ in kind from those operative before the decision. Several ethical issues related to the consultative role are considered and possible means of dealing with them addressed.     

Interim status standards for owners and operators of hazardous waste treatment, storage, and disposal facilities--Environmental Protection Agency. Interim final rule and interim final amendments to rules and request for comments

The Environmental Protection Agency [EPA] has issued standards applicable to owners and operators of hazardous waste management facilities as required by the Resource Conservation and Recovery Act [RCRA]. One of these standards bans the disposal of most containerized liquid hazardous waste in landfills, effective November 19, 1981. As a result of reconsideration of this restriction, EPA is today promulgating an interim final rule to allow the disposal of small containers of liquid and solid hazardous waste in landfills provided that the wastes are placed in overpacked drums [lab packs] in the manner specified in today's rule. The purpose of today's rule is to provide an environmental sound disposal option for generators of small containers of hazardous wastes, such as laboratories.     

Civil money penalties: procedures for investigations,imposition of penalties,and hearings. Interim final rule; request for comments

This interim final rule establishes rules of procedure for the imposition, by the Secretary of Health and Human Services, of civil money penalties on entities that violate standards adopted by the Secretary under the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). We intend that this be the first installment of a rule that we term the "Enforcement Rule." The Enforcement Rule, when issued in complete form, will set forth procedural and substantive requirements for imposition of civil money penalties. In the interim, we are issuing these rules of procedure to inform regulated entities of our approach to enforcement and to advise regulated entities of certain procedures that will be followed as we enforce the Administrative Simplification provisions of HIPAA.     

Expert Approaches to Communicating Violence Risk

There has been virtually no empirical study of the way in which evaluating clinicians communicate their conclusions about the risk of violence toward others. Risk communication has become particularly important in recent years, serving as the link between empirical data from recent studies and the understanding and use of such data by evaluators and decision makers. The present study considered how psychologists and psychiatrists, identified as experts in violence risk assessment, responded to eight vignettes that systematically measured preferences for risk communication. The vignettes involved the presentation of the following factors in a 2 × 2 × 2 within-subjects design, counterbalanced for order: (1) risk model (prediction vs. management), (2) risk level (high vs. low risk of the individual being assessed), and (3) risk factors (the predominance of static vs. dynamic risk factors). A total of 71 individuals (41 psychologists, 2 sociologists, and 28 psychiatrists) responded to a survey mailed to 100 individuals, for a response rate of 71%. Participants were asked to rate the value of six forms of risk communication for each of the eight vignettes. There were few significant differences between the ratings assigned by psychologists and those assigned by psychiatrists. The most highly valued form of risk communication involved identifying risk factors applicable to the individual and specifying interventions to reduce risk. A repeated-measures multivariate analysis of variance yielded a main effect for risk level and an interaction between risk level and risk factors. The implications of these findings for research and practice are discussed.