The Schiavo and Korp cases: conceptualising end-of-life decision-making

An incompetent, terminally ill patient can be viewed in two ways--as a person who is dying, when futile, life-prolonging treatment can be lawfully withdrawn; or a person with a disability, for whom a guardian must be appointed to decide about treatment. Terri Schiavo's husband took the first view and her parents the second. Maria Korp was regarded as dying when treatment was withdrawn. The difference in conceptualising a patient's situation is critical. Where a patient is dying, treatment can be lawfully withdrawn whatever the view of the relatives; they cannot require treatment to be continued. Where a patient has a disability and a surrogate decision-maker is appointed, the focus is on what the patient would have wanted in such circumstances, so that the surrogate can act in accordance with the patient's wishes. That deflects attention from the fundamental legal principle that whatever a patient or the relatives want, they are not legally entitled to demand treatment that doctors consider futile in the circumstances.     

Terri Schiavo: the assessment of the persistent vegetative state in accordance with German law

The case of Terri Schiavo in the USA served to intensify the debate in Germany which itself had in part already been characterised by fundamentalism. Now that some time has elapsed and the political debate has quietened, this case is to be taken up again in discussing the permissibility and the prerequisites of passive euthanasia for patients in a persistent vegetative state. A short reconstruction of the facts of the case (II) is to be followed by a survey of the case law of the Criminal Panels (III) which is essential to understand the present legal policy debate to be discussed at a later stage (IV).     

有效应对危机 推动服务型政府体制创新

危机事件以其固有的突发性、破坏性,冲击着现行的公共管理体制及社会秩序,考验着国家的政府管理能力。为了有效应对危机,国家要从法律上确认服务型政府对危机管理的权力及使用边界,政府必须(而且也能够)承担起有效应对危机的责任,实现服务型政府危机管理体制创新。     

Before the next storm: some evidence-based reminders about temporary release

This article offers a long overdue comprehensive review of the literature on the effectiveness of temporary release programs for prisoners. Following an account of how the public and criminal justice workers view temporary release, and against the "nothing works" proposition, it is shown that while in the community, prisoners tend to spend their time constructively and comply with the rules and regulations of temporary release; both home leave and work release schemes can be effective in reducing recidivism rates, and work release in particular may also enhance postrelease employment prospects.     

Schiavo's lessons for health attorneys when good law is all you have: reflections of the special guardian ad litem to Theresa Marie Schiavo

Rarely have all the branches of federal and state government converged upon a single issue, a single person as they did in the tragic and acrimonious case of Theresa Maria Schiavo. In late 2003, the Florida Legislature passed what become known as "Terri's Law" and in Spring of 2005, Congress and the President of the United States sought to directly intervene in the care of the severely brain damaged woman. During that period, the state and federal court systems, through the highest courts in both venues, ruled on Ms. Schiavo's life, resulting in the removal of an artificial feeding tube and her death during Easter week. The legal and medical issues in this complex, politically and emotionally charged case continue to raise important questions for health attorneys. In this Article, Professor Wolfson, who served as the legislatively mandated, court appointed special guardian ad litem for Theresa Schiavo in late 2003, provides a distinctive first-person overview of the Schiavo case.     

Multijurisdictional drug task forces: An analysis of impacts

In the past decade, municipal police organizations have devoted significant resources toward drug enforcement. One popular strategy in addressing the American drug problem is the formulation of multijurisdictional drug task forces. Despite their popularity, the impact of these cooperative ventures on law enforcement agencies has not been adequately evaluated. The research reported here examined the effect of membership in a drug enforcement task force on levels of drug enforcement outputs and perceptions of effectiveness by comparing law enforcement agencies participating in drug task forces to agencies which do not participate. Results suggest that task force membership impacts perceptions, but does not appear to influence objective measures of drug enforcement outputs.     

HMO enrollment: a study of market forces and regulations

This paper investigates the influence of market forces and state regulations on enrollment in prepaid group practices (PGPs)--the dominant form of HMO. Using data at the metropolitan-area level, the paper estimates a lagged-adjustment model in two stages. The first stage estimates the determinants of the existence of a PGP of viable size. Using a technique appropriate for censored samples, the second stage estimates the determinants of enrollment given viability. The result of greatest relevance for policymakers is that restrictions on corporate employment of physicians hinder the growth of PGPs.     

Between market forces and knowledge based motives: the governance of defence innovation in the UK

The purpose of this contribution is to examine the evolutionary transformations that have characterised the UK defence innovation system since the mid 1980s. It focuses on the central and challenging issue faced by the Ministry of Defence (MoD) in implementing effective governance mechanisms emerging from the continuous trade-off between short-term market driven measures motivated by efficiency arguments, and more long term and relational considerations in terms of knowledge economics. Furthermore, in terms of technology transfer, this evolution has been accompanied by a gradual shift from an initial logic of spin-off to society expected from government driven military projects, to a logic of spin-in where the main concern of the military sector is to broaden its industrial and R&D base.