Medical criminals: Physicians and white-collar offenses

Lawbreaking by professionals remains an understudied area in the field of white-collar crime. This article presents a review of crime in the practice of medicine, focusing on the misdeeds of physicians. The role of physician power in producing such acts is analyzed from both historical and theoretical perspectives, and a brief inventory of forms of medical wrongdoing is presented. The article also considers the ways in which formal medical training can influence later wrongdoing, and discusses issues related to the control of medical crime.     

数码影像能否作为诉讼证据探析

数码影像的质量完全适合刑事照相的要求,数码影像的证据作用也不容置疑。当前,摆在刑事照相技术人员面前的主要任务应该是如何更好地将数码照相技术运用于刑事照相,解决数码照相技术在刑事照相运用中出现的质量、证据等新问题,研究解决的新方法。     

All Judges Are Political—Except When They Are Not: A Response

The author explains the origins of All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (2010) as a response to a fundamental question posed by legal realism: How can the judicial process be permeated with politics and yet remain an accepted part of a legitimate legal system? The author demonstrates the ongoing importance of this question by examining debates over the place of constitutional law in the law school curriculum and by assessing public perceptions of the Supreme Court's ruling on health care reform. The author then addresses the critical appraisals presented by the symposium contributors. The critiques are taken as road maps for extending the author's arguments in new directions.     

A Need Not Being Met: Providing Paid Family and Medical Leave for All Americans

Many parents in the United States face the quandary of whether to take time off from work to care for themselves, their children, or other family member, understanding that their jobs may not be there upon return and they will receive no income during their leave. The Family and Medical Leave Act has not lifted this burden; it only provides for unpaid leave. Four states and several cities have implemented paid family and medical leave statutes with both employees and employers benefiting. This Note proposes a uniform paid family and medical leave statute based on other countries’ statutes; proposed federal legislation; and statutes in New York, California, and San Francisco.     

Chapter 6: Medical Measures Applied to Mentally Ill Persons Who Have Committed Socially Dangerous Acts

In Soviet criminal law, a crime is defined as a socially dangerous act (action or omission) committed intentionally or negligently.     

From ‘Doctor Knows Best’ to Dignity: Placing Adults Who Lack Capacity at the Centre of Decisions About Their Medical Treatment

In 1989, the House of Lords first derived a ‘best interests’ test for the medical treatment of adults who lack capacity from the doctrine of necessity and, now codified, the test continues to apply today. The Mental Capacity Act 2005 sets out a non‐exhaustive checklist of relevant considerations, but it gives no particular priority to the patient's wishes. There is also no formal expectation that the patient will participate directly in any court proceedings in which her best interests are to be determined. This article will consider the advantages and disadvantages of providing additional guidance to decision‐makers in order to help them navigate both taking seriously the wishes of people who lack capacity and, at the same time, not abandoning patients who need help and support. More specifically, this article advocates formalising current best practice in the Court of Protection through the introduction of a series of rebuttable presumptions, or starting points.