Hospital committee proceedings and reports: their legal status.

This Article examines the legal status of hospital committee proceedings and reports, focusing on how they may be used in a medicolegal context. Specific topics dealt with include the hospital medical staff in legal perspective, the concept of institutional responsibility, liability considerations arising from committee work, and the discovery and admissiblity of committee records in litigation cases. The author concludes that the danger of committee members facing liability for their activities is slight and that the fear that these reports and proceedings may be subject to discovery or be admissible into evidence in subsequent litigation is remote because candid and conscientious evaluations of clinical practices within every institution are essential and, therefore, public policy must encourage such evaluations by maintaining the confidentiality of committee activities.     

Children's knowledge of legal terminology

The present study examined age-related patterns in communicative abilities relevant to providing testimony, specifically, knowledge of legal terms commonly used with children in court. Subjects were 60 public school students comprising 3 groups of 20 each in kindergarten, third, and sixth grades. Grade-related patterns emerged in children's knowledge of legal terms and in their misunderstanding of terms. Results suggest that age-appropriate word choice in the examination of child witnesses may be an important factor in eliciting accurate testimony. Potential mediators of the relation between age and accurate knowledge of legal terminology (i.e., verbal skills, television, viewing of court-related programs, direct experience with the legal system) also were explored. Implications for future research, court preparation, and training of legal professionals in age-appropriate examination of children are discussed.This study was funded in part by an award to Karen Saywitz from the Harbor-UCLA Collegium. The authors wish to thank the Torrance United School District, Mrs. Diana Bowlby, and Dr. Peter Mundy for their invaluable assistance.     

Minimal standards for the performance and interpretation of toxicology tests in legal proceedings.

There have been several high profile criminal and civil cases that have been litigated in recent years involving toxicologic analyses and interpretations of blood, urine, and other specimens for drugs of abuse. Disputes have erupted between prominent toxicologists and laboratory scientists as to the validity and interpretation of the data presented. The disputes centered around the fact that the procedures used in these cases had not been properly validated with analytical noise being misinterpreted as a positive result. As with any analyses, forensic tests must be conducted in a manner such that they meet the minimum standards accepted within the toxicology community. No conclusions as to presence or absence of drug, its concentration, or its physiologic effects can be made if there is a failure to meet these basic standards. Several cases are presented where these standard tenets may not have been followed.     

论职务发明人的权利及其立法保护

随着人们对创造性智力劳动作用认识的提高 ,职务发明人的权利越来越受到重视 ,如何确认并保护职务成果完成人特别是职务发明人的权利已经成为当今软科学的重要课题。本文阐述了确认职务发明人权利的意义 ,对职务发明人的权利内容作了较深入的探讨 ,并提出了职务发明人权利保护的立法建议。     

Child witnesses and the confrontation clause

InMaryland v. Craig, the United States Supreme Court relied heavily on a brief prepared by a committee of the American Psychology-Law Society on behalf of the American Psychological Association (APA). The APA brief concluded that sexually abused children may be particularly vulnerable to distress in the legal process, especially when forced to confront the defendant face to face, and that such acute distress may be inconsistent with the state's interests in promotion of reliable testimony and child welfare. APA also argued that psychological theory and research provide foundations for individualized determination of the need for measures to protect children from face-to-face confrontation. *** DIRECT SUPPORT *** AFE06051 00002     

Old and very old adults as witnesses: event memory and metamemory

Older people constitute an important category of eyewitnesses. Episodic memory performance in older persons is poorer than in younger adults, but little research has been made on older persons’ metacognitive judgments. Since more persons of advanced age will likely be called upon as witnesses in coming years, it is critical to characterize this population’s metacognitive abilities. We compared event memory metacognition in old adults (66-year-old, n = 74) to very old adults (87 or 90 years old, n = 55). Participants were tested on their memory of a film, using questions with two answer alternatives and the confidence in their answer. As expected, the very old group had a lower accuracy rate than the old group (d = 0.59). The very old group, however, monitored this impairment, since their over-/underconfidence and calibration did not differ from the old group but they displayed a poorer ability to separate correct from incorrect answers (discrimination ability). Possibly, the very old group was able to monitor the level of their over-/underconfidence because they applied general self-knowledge about their memory skills. In contrast, the discrimination of correct from incorrect answers may be more dependent on ability to attend to the features of each retrieved memory.     

Children's involvement in contested custody cases: Practices and experiences of legal and mental health professionals

The experiences and practices of family law attorneys, trial judges, and mental health professionals regarding the involvement of children in contested custody cases were investigated through a systematic and detailed survey. Results revealed that the level and manner of children's involvement was linearly related to a child's age as reported by all groups. Judicial jurisdiction was also related to whether children's wishes were sought and in what manner; specifically, Michigan judges were significantly more likely to interview children using flexible due process than Virginia judges. In addition, interview procedures used by mental health professionals and judges, such as length, making of records, and the presence of other individuals, differed significantly. The amount and complexity of children's involvement suggest that further research is needed to explore these complexities and their effects on children.     

Dutch enforcement legislation may be used in order to obtain evidence for foreign legal proceedings

Parties may use the Dutch enforcement legislation in order toobtain provisional measures to preserve evidence which, oncepreserved, may be used in foreign legal proceedings, notwithstandingthe exclusive jurisdiction of another forum in another countryto decide on the merits of the case.     

Psychological effects of criminal proceedings through contact with the judge: the moderating effect of legal system structure

Psychological effects of criminal proceedings on victims have often been the focus of victimological research. The criminal justice system is repeatedly acknowledged as a source of additional harm for victims. Such a generalization, however, cannot be made to all legal systems universally to the same degree. This article compares the adversarial and inquisitorial structures of criminal justice and examines how the latter may in fact be beneficial to victim's well-being. More specifically, contact with the judge and presence at trial may be one positive form of victim participation in its most informal sense. Hierarchical regression analysis is conducted using victims of serious crimes in the Netherlands and New South Wales (NSW), Australia, to test this hypothesis. The type of legal system (i.e., inquisitorial versus adversarial) is used as a moderating variable on the relationship between contact with the judge and psychological effects. The findings indicate that victims in the Netherlands report a significant relationship, where contact with the judge is predictive of a less negative impact on psychological effects, while a non-significant relationship is found for victims in NSW.     

我国体育法制建设中存在的问题及其应对策略

《体育法》颁布实施以来,我国的体育法制建设取得了重要进展,促进了体育事业的向前发展。但是,由于我国体育法制建设起点低、基础弱,其整体滞后的问题十分突出,已不适应飞速发展的市场经济的需要。因此,急需修改、完善《体育法》并加以配套实施。