Concussions and youth football: using a public health law framework to head off a potential public health crisis

Concussion from sport is increasingly recognized as a public health priority. In response, all states and the District of Columbia have enacted youth concussion legislation. This paper first examines key developments in concussion-related policy and legislation and then uses the findings from recent scientific studies to highlight the need to incorporate evolving scientific evidence into concussion legislation in order to better protect youth and adolescent athletes. Next, the paper discusses the framework of empirical health law research and why it should be applied in the case of concussion legislation. Finally, this paper argues that empirical health law research should be considered in any decision about whether legislation can help improve the health and safety of young players, a particularly vulnerable population whose unique needs have not yet been adequately addressed.     

TRIPS下药品专利权与公共健康权的冲突和平衡

随着发达国家拥有的药品专利越来越集中,发展中国家因为得不到有效的药品而所遭受的危及公共健康权的疾病越来越多的情况下,TRIPS中的药品专利保护和公共健康权冲突加剧。本文以利益平衡为方法,论述了TRIPS利益保护的失衡以及如何采取措施使其平衡,从而达到有效保护公共健康权的目的。     

Sexual offending as a public health problem: A north american perspective

Abstract

This paper argues that we should cease treating sexual offending as a problem best dealt with by psychology, medicine, or law. Sexual offending, like mental illness, alcoholism, or drug addiction, is a public health problem, one that is everyone's business. The paper first considers the traditional levels of prevention in public health: primary, secondary, and tertiary. The argument is made that most of our efforts have been directed to the tertiary level where they are least likely to be effective. Applications of the general public health model to sexual violence are considered. These include epidemiology, risk factor research, program evaluation, and dissemination of information on what works. Various methods for informing and educating the public about sexual violence are proposed. The paper concludes with suggestions on how harm can be minimised through the use of a public health approach.     

The stages of cybercrime investigations: Bridging the gap between technology examination and law enforcement investigation

Cybercrime investigation can be argued as still in its infancy. The technical investigation practices and procedures of global law enforcement are also still evolving in response to the growing threat of the cybercriminal. This has led to considerable debate surrounding the adequacy of current technical investigation models, examination tools and the subsequent capability of law enforcement to tackle cybercrime. To bridge the gap between low-level technology recovery and digital forensic examination, and to overcome the many technical challenges now faced by law enforcement; this paper presents an extended cybercrime investigation model capable of guiding the investigative practices of the broader law enforcement community. The Stages of Cybercrime Investigations discussed throughout this paper, demonstrate the logical steps and primary considerations vital to investigating cyber related crime and criminality. The model is intended to provide both technical and non-technical investigative resources, covering mainstream law enforcement, partner agencies and specialist technical services, with a formal and common structure when investigating the complex technical nature of cybercrime. Finally, the model is further aimed at providing cybercrime investigators with a means to consolidate understanding, share knowledge and communicate the resulting outcomes as an investigation moves through each relevant stage.     

健康的体魄是公务员高效执政的保障——注重公务员的健康教育

公务员的身体健康状况如何与工作能力密切相关。本文分析了公务员身体健康现状及其形成的主要原因,提出了公务员的健康教育设想。     

公务员行为的道德约束与法律约束

在中国这样一个注重德治的社会,如何界定公务员行为的道德约束与法律约束是行政理论研究的重要课题。本文就公务员行为的道德约束与法律约束的界定、特点与二者之间的关系进行简要的论述。     

试论应对突发公共卫生事件的法制建设

本文简要介绍了有关国家在突发公共卫生事件方面的有效反应机制与立法 ,认真分析了《突发公共卫生事件应急条例》根据实践经验和借鉴国外有益做法 ,对突发公共卫生事件应急处理的新规定 ,并在此基础上对完善我国处理突发事件应急机制的法律制度提出了建议。     

青少年犯罪预防理论的研究视角：从犯罪原因到犯罪断念的转向

断念是行为主体(特别是青少年越轨者或犯罪人)在一段稳定的时期内对犯罪偏好明显与确定的拒绝。现阶段犯罪预防措施通过控制青少年犯罪原因遏制青少年犯罪增长趋势,绩效前景颇为黯淡。从聚焦于犯罪原因分析到致力于犯罪断念研究的战略性转向将成为当代社会犯罪预防的重要突破。作为人生状态与行为过程的犯罪断念,在静态结构与动态运行的结合中发挥青少年犯罪预防的积极效果。     

The role of law in public health preparedness: opportunities and challenges

We report the results of a study designed to assess and evaluate how the law shapes the public health system's preparedness activities. Based on 144 qualitative interviews conducted in nine states, we used a model that compared the objective legal environment with how practitioners perceived the laws. Most local public health and emergency management professionals relied on what they perceived the legal environment to be rather than on an adequate understanding of the objective legal requirements. Major reasons for the gap include the lack of legal training for local practitioners and the difficulty of obtaining clarification and consistent legal advice regarding public health preparedness. Narrowing the gap would most likely improve preparedness outcomes. We conclude that there are serious deficiencies in legal preparedness that can undermine effective responses to public health emergencies. Correcting the lack of legal knowledge, coupled with eliminating delays in resolving legal issues and questions during public health emergencies, could have measurable consequences on reducing morbidity and mortality.     

论公共安全与驾驶路权之博弈——以杭州富家子飙车肇事案为例

近日发生在杭州的富家子飙车肇事案引起了境内外人们的关注。在对此案的关注之余,笔者冷静地思索了公共安全与机动车驾驶路权的冲突问题,认为驾驶路权是占有公共道路资源的一种特权,这种权利的行使必须以不妨害公共利益为前提,否则就必须加以限制．于是建议参照关国的相关立法,呼吁中国尽早修改《道路交通安全法》与《刑法》,增设限制“飙车”的条款,依法封飙车行为进行规范。     

公共卫生应急事件中的行刑联动机制研究——从食品药品监督执法的角度探析

在我国药品、食品公共卫生事件处理过程中,行政执法和刑事侦察衔接不畅通,刑事制裁真空,是该类事件频发的主要原因。新形势下,进一步明确和落实行刑联动机制是提高政府公共危机管理能力,严惩犯罪分子,防范类似公共卫生事件再次发生的体制保证。本文对行刑联动机制进行制度分析和实践分析,剖析其现存的问题,并借鉴美国的相关制度提出解决方案,进一步完善食品药品行刑联动机制。     

The Market for Scientific Crime Prevention: A Comparative Study of Canada and Venezuela

Crime prevention is an activity that, sooner or later, requires the concourse of science. But the dictates of science may not mesh well with the social, institutional and political considerations that are persistent and powerful determinants of collective action. To the extent that they are ignored, crime prevention is less scientific and more pragmatic. Using a marketing metaphor, this paper examines selected aspects of the supply of and demand for scientific crime prevention in Canada and Venezuela from 1949 to the present. In both countries, academic entrepreneurs are revealed to be a necessary factor in the sale of crime prevention to government. On the demand side, governments adopt and adapt crime prevention policies in relation to their broader perspective on social problems and social change. However, rising crime rates and climates of urgency reduce the attractiveness of crime prevention. Scientific crime prevention is easier to sell when crime rates are stable or declining.     

The economics of crime and criminal law: An antithesis to sociological theories?

The relationship between sociology and economics of crime has been dominated by mutual prejudice and misunderstanding. This paper tries to contribute to a change of this stale of affairs by showing that, on the one hand, the economics of crime does not as a method imply politically conservative policy recommendations and, on the other hand, that insights of the sociology of crime may enrich the economic approach considerably. This is done via a brief survey of the economics of enforcement, the literature on the relation of income distribution and unemployment on crime, and the literature relating sociological theories of crime to methodological individualism.     

Listening to law enforcement officers: The promises and problems of police - adult probation partnerships

Police-probation partnerships have increased in recent years, but evaluations of such partnerships are rare. Particularly within probation agencies, such partnerships can be perceived as an abandonment of service responsibilities in favor of enforcing the law against probationers, but the views of police officers involved in these partnerships have not been examined in the past. The current study began this process by examining the perceptions of law enforcement officers in Texas. In particular, the following questions were addressed: (1) whether they experience role conflict or role ambiguity, (2) how they perceive the effectiveness of partnerships, and (3) how they evaluate the impact of partnerships on crime reduction. Three partnership patterns were identified using cluster analysis. The analysis revealed a significant relationship between the extent of partnerships and the perceptions of law enforcement officers on the partnerships. The policy implications of the findings are discussed.     

公共卫生框架下的卫生监督及其法制工作内涵简

卫生监督工作是公共卫生事业的一个组成部分,在实现公共卫生目标的同时,应当具备＂自我进化＂的能力。这种能力是公共卫生事业不断向高水平发展的重要因素,其动力来源在很大程度上依赖于卫生监督法制工作在正确的方向上有效运转。传统视角下对卫生监督法制工作内涵的解读有其局限性,本文在把握卫生监督与公共卫生之间的关系,以及重述、分析卫生监督过程的基础上,从解读立法、审视立法、反馈立法三个新的视角尝试探讨卫生监督法制工作的内涵。