Recent developments in Swiss health law

This article highlights recent developments in health law in Switzerland. It covers statutory developments in health care insurance, sterilisation and genetic testing, and cases, one dealing with the reimbursement of medicines and another one on the limitation of the number of physicians reimbursed by the compulsory scheme of health insurance.     

Recent developments in health law in Greece

This article mainly analyzes the new Code of Ethics which is in place since 2005.     

Recent developments in health law in Belgium

After the turbulent years 2002, 2003 and 2004 the Belgian health law seems to have reached calmer water. Indeed, after a quiet 2005, 2006 does not seem to have much to offer either. However, as will be shown in this article, this may be a wrong impression. There is a growing uneasiness with two important pieces of legislation that have been approved by Parliament in 2002: the act on euthanasia and the act on the rights of patients. This has resulted in debates and discussions that may finally lead to new legislation in the coming years.     

Recent developments in health law in the Netherlands

This article gives a few examples of recent developments in Dutch health law, namely equal access to health care, compulsory placement and treatment in a psychiatric hospital, and end of life decisions. They are outstanding examples of trends in health legislation that require to be followed closely.     

Recent developments in medical law

The most spectacular aspect is the extremely rapid expansion of medical law. Even if there is a close connection between developments in medicine and in law, the question must be asked as to what extent new discoveries and advances in medicine play a dominant role here, and to what extent the emphasis is on the further development of law. How advances in medicine can give rise to new legal problems was most impressively demonstrated some time ago by the discussion about cerebral death. In view of the progress made in the field of re-animation and intensive care, the current question is whether or not the physician's duties and rights to maintain life should be limited in hopeless cases when patients are incapable of making decisions themselves. This is demonstrated in particular by the discussion about the binding character of "patient testaments" in which healthy subjects declare that they do not want treatment under such circumstances. The decisive factor will continue to be the presumptive will of the patient at the respective time, and this will have to be ascertained considering all circumstances prevailing at that time. New questions with regard to the ethical and legal limitation of the technically feasible also arise from the possibility of culturing embryos from legal abortions or extracorporally fertilized ova to obtain transplants, and from the possibility of implanting extracorporally fertilized ova into the uterus, perhaps that of a "hired childbearing wet-nurse." In addition to ethical and legal problems, questions of parentage would arise here similar to those already of current interest in connection with artificial heterologous insemination. For physicians practicing these methods, questions concerning liability and the limitation of professional secrecy vis-à-vis the semen donor might become the issue of law suits in the near future. Current problems of "unsuccessful sterilization" and nonperformance of an abortion through the physician's fault although abortion was indicated for eugenic reasons are, on the other hand, primarily due to the fact that the law--possibility even for acceptable reasons--establishes legal obligations for the physician which, in the last analysis, aim at preventing human life from coming into being.(ABSTRACT TRUNCATED AT 400 WORDS)     

Recent developments in German corporate governance

This paper provides an overview of the German corporate governance system. We review the governance role of large shareholders, creditors, the product market and the supervisory board. We also discuss the importance of mergers and acquisitions, the market in block trades, and the lack of a hostile takeover market. Given that Germany is often referred to as a bank-based economy, we pay particular attention to the role of the universal banks (Hausbanken). We show that the German system is characterised by a market for partial corporate control, large shareholders and bank/creditor monitoring, a two-tier (management and supervisory) board with co-determination between shareholders and employees on the supervisory board, a disciplinary product–market, and corporate governance regulation largely based on EU directives but with deep roots in the German codes and legal doctrine. Another important feature of the German system is its corporate governance efficiency criterion which is focused on the maximisation of stakeholder value rather than shareholder value. However, the German corporate governance system has experienced many important changes over the last decade. First, the relationship between ownership or control concentration and profitability has changed over time. Second, the pay-for-performance relation is influenced by large shareholder control: in firms with controlling blockholders and when a universal bank is simultaneously an equity- and debtholder, the pay-for-performance relation is lower than in widely held firms or blockholder-controlled firms. Third, since 1995 several major regulatory initiatives (including voluntary codes) have increased transparency and accountability.     

Recent developments in medicine and law

This article addresses important developments in the field of medicine and law during the period of September 2000 through August 2001. It does not discuss every reported case or piece of legislation but surveys some of the more significant developments in the medicine and law arena.     

Recent developments in employee benefits law

The first part of this article highlights important judicial developments involving employee benefits and the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended, during the latter part of 2003 and the first part of 2004, including the most significant U.S. Supreme Court and federal circuit court decisions. The second part covers recent legislative and regulatory developments in employee benefits law. This article is not meant to be exhaustive, but discusses the more important developments during 2003-2004, with particular focus on issues of concern to the insurance industry.     

Recent developments in medicine and law

This article focuses on certain noteworthy legislation and cases affecting medicine and law during the period September 1, 2001, to August 31, 2002. It does not attempt to discuss every case or piece of legislation, but instead seeks to summarize some of the more significant developments in this area of law.     

Recent developments in medicine and law

This article addresses important developments in the field of medicine and law during the period of September 1999 through August 2000. Although it does not discuss every reported case or piece of legislation, it broadly surveys some of the more significant developments in the medicine and law arena.     

Recent developments in medicine and law

This article addresses important developments in the field of medicine and the law during the last year and highlights some of the significant areas of law affecting health care providers that should be considered. Actions against health care providers may include challenges to peer review immunity, allegations concerning the practice of medicine across state lines without a license, and even accusations of wrongfully assisting a patient to commit suicide. These areas are addressed in turn by this article. Finally, antitrust developments over the last year are briefly addressed as an emerging area of concern for providers forming complex practice networks in today's health care arena.     

Recent legal developments European law

EMPLOYMENT LAW HANDBOOK: AN ADVISOR'S HANDBOOK By TAMARA LEWIS [Legal Action Group, 2005, 6th ed., 739 pp., £28.00 (paperback)]

EMPLOYMENT TRIBUNAL CLAIMS: TACTICS AND PRECEDENTS By NAOMI CUNNINGHAM [Legal Action Group, 2005, 396 pp., £25.00 (paperback)]

DISCRIMINATION LAW: TEXT, CASES AND MATERIALS By AILEEN MCCOLGAN [Hart Publishing, 2005. 2nd edn., 757 pp., £25 (paperback)]

FAMILY LAW AND FAMILY VALUES Edited By MAVIS MACLEAN [Hart Publishing, 2005, 342 pp., £22.00 (paperback)]

TRUSTS AND EQUITY By NIGEL STOCKWELL and RICHARD EDWARDS [Pearson Longman, 2005, 7th edn., 556 pp., £29.99 (paperback)]

HAYTON AND MARSHALL: CASES AND COMMENTARY ON THE LAW OF TRUSTS AND EQUITABLE REMEDIES By DAVID HAYTON and CHARLES MITCHELL [Sweet &; Maxwell, 2005, 12th edn., 985 pp., £32.95 (paperback)]

MODERN INTELLECTUAL PROPERTY LAW By CATHERINE COLSTON and KIRSTY MIDDLETON [Cavendish Publishing Ltd., 2005, 2nd ed., 808 pp., £35.95 (paperback)]

INSURANCE LAW: DOCTRINE AND PRINCIPLES By JOHN DOWRY and PHILIP RAWLINGS [Hart Publishing, 2005, 2nd edn, 447 pp., £25.00 (paperback)]

MASON &; MCCALL SMITH'S LAW AND MEDICAL ETHICS Edited By KENYON MASON and GRAEME LAURIE [Oxford University Press, 2005, 7th ed., 774 pp., £21.99 (paperback)]

LEGAL CONUNDRUMS IN OUR BRAVE NEW WORLD By BARONESS HELENA KENNEDY QC [Sweet and Maxwell, 2004, 57 pp., £17.95 (paperback)]

CRIMINAL LAW By CATHERINE ELLIOTT and FRANCES QUINN [Pearson Education, 2006, 6th ed. xxvi + 420 pp., £22.99 (paperback)]

DRUGS, ADDICTION AND THE LAW By LEONARD JASON‐LLOYD [ELM Publications, 10th ed., 232 pp., £29.95 (loose‐leaf with updating service)]

THE VIOLENT WORKPLACE By P. A. J. WADDINGTON, DOUG BADGER and RAY BULL [Willan Publishing, 2006, xii + 204 pp., £25.00 (hardback)]

ENVIRONMENTAL LAW By J. THORNTON and S. BECKWITH [Sweet and Maxwell, 2004, 2nd ed., 447 pp., £24.95 (paperback)]