完善我国药品不良反应救济机制的法律思考

药品不良反应是在正常使用合格药品时产生的有害或意外反应。因药品不良反应导致患者严重损害的,相关主体应对受害人进行赔偿。在我国现行法下,药品不良反应法律责任不同于医疗事故责任、产品责任和国家赔偿责任,而属于侵权法中的公平责任。我国应及早建立和完善药品不良反应救济机制,实行药品不良反应救济基金制度。     

Symptom validity testing of feigned dissociative amnesia: A simulation study

Abstract

It has been argued that Symptom Validity Testing (SVT) has limited sensitivity in correctly identifying feigned autobiographical memory loss (e.g., dissociative amnesia) because malingerers would easily understand that below change performance on the SVT implies feigned memory loss. The current study tested this assumption in a sample of undergraduate students (N = 20) who committed a mock crime and then were instructed to feign complete amnesia for this event. Next, they had to answer 15 forced-choice questions that always contained the correct answer and an equally plausible alternative. Results show that a nontrivial minority of participants (40%) performed below chance. As well, understanding the SVT rationale appeared not to be related to random behaviour. Taken together, the results indicate that SVT procedures might be helpful in identifying feigned dissociative amnesia.     

A legal perspective on university technology transfer

In the thirty-five years after passage of the Bayh–Dole Act of 1980, a robust literature has documented the emergence of university technology transfer as a critical mechanism for the dissemination and commercialization of new technology stemming from federally-funded research. Missing from these investigations, however, is what this paper terms the legal perspective, an understanding of how the law and its attendant mechanisms impact university technology transfer. Specifically, the paper reviews the extant legal scholarship and provides examples of how case law, legal structures, and the unique nature of intellectual property law affects technology transfer, as well as higher education policy and management. Throughout, we propose critical questions for future investigation, which serve to form a cross-disciplinary research agenda that can contribute fresh insights to scholarly and policy discussions related to the role of universities in economic and social development.     

完善我国药品不良反应救济机制的法律思考

药品不良反应是在正常使用合格药品时产生的有害或意外反应。因药品不良反应导致患者严重损害的，相关主体应对受害人进行赔偿。存我国现行法下，药品不良反应法律责任不同于医疗事故责任、产品责任和国家赔偿责任。而属于侵权法中的公平责任。我国应及早建立和完善药品不良反应救济机制，实行药品不良反应救济基金制度。     

A legal perspective on body implants for therapy and enhancement

This paper focuses on the regulation of body and neural implants used in healthcare. The current state of these ICT body implants is outlined, and the adequacy of the relevant legal regime regulating these implants is assessed in light of the ongoing scientific and technological advances in this field. Regulatory gaps are discussed, with a particular emphasis placed on clinical investigations with brain computer interfaces and advanced prosthetics, in order to better understand whether such gaps reduce innovation and act as an institutional barrier that diminishes the opportunities for the development of valuable technologies. Finally, the divide between therapy/treatment and enhancement/augmentation is examined in order to distinguish between the various kinds of body implants, in terms of the rules they ought to comply with and the limits that ought to be set.     

Evaluating adolescent decision making in legal contexts

Challenges the use by policy researchers of a model for comparing adolescent and adult decision making that is based on informed consent standards. An expanded decision-making framework designed to evaluate judgment in adults and adolescents can better test the empirical basis of paternalistic legal policies. The theoretical and empirical literature on the informed consent framework is critiqued and an alternative framework incorporating judgment factors is proposed. Three judgment factors—temporal perspective, attitude toward risk, and peer and parental influence—and their effects on decision making are explored. Finally, implications for future research are analyzed in several decision-making contexts.Several of the ideas in this article were originally presented by the first author and were published as part of a symposium on competence (see Scott, 1992). The current article expands and refines these ideas, provides a more substantial research base, and suggests several future research directions. We thank Joseph Allen, Richard Bonnie, Baruch Fischhoff, William Gardner, John Monahan, Edward Mulvey, Richard Redding, Paul Slovic, and three anonymous reviewers for their helpful comments. Special thanks to Thomas Grisso for providing much constructive criticism and to Wendy Shang for outstanding research assistance. Finally, we would like to acknowledge the MacArthur Foundation, which supported this work in its early stages.     

Demultilateralisation: A cognitive psychological perspective

This contribution seeks to illuminate the looming phenomenon of demultilateralisation and the return of and to the nation state, i.e. closure. Whereas many reasons for opening and closure have been discussed by Habermas in his eminent essay, we aim at providing an additional dimension, taking a psychological point of view and analysing this proclivity from a behaviourally informed perspective. Following a short recapitulation of the evolution towards postnationalism, we briefly sketch the current phenomenon of demultilateralisation and renationalisation. We then contribute to the current debate by providing cognitive psychological insights drawing on well‐researched biases that offer the greatest potential to explain the current outbreak of closing tendencies, namely prospect theory, including the endowment effect, framing, the availability bias and so‐called hawkish biases. This may add an explanatory dimension to why nationalistic politics have become again the beguiling sanctuary of the people. We attempt to define scope conditions of closure.     

A psychological perspective on vulnerability in the fear of crime

Abstract

This paper examines vulnerability and risk perception in the fear of crime. Past studies have often treated gender and age as proxies for vulnerability, and on the few occasions that vulnerability has been operationalized, there has been little agreement on the mechanisms that underpin perceived susceptibility. To develop a more theoretically-driven approach, the current study examines whether markers of vulnerability are associated with higher levels of fear through mediating assessments of likelihood, control and consequence. Females are found to worry more frequently than males partly because (a) they feel less able to physically defend themselves, (b) they have lower perceived self-efficacy, (c) they have higher perceived negative impact, and (d) they see the likelihood of victimization as higher for themselves and for their social group. Younger people are also found to worry more frequently than older people, but differential vulnerability does not explain this association. Finally, structural equation modelling shows that the effects on worry of physical defence capabilities, self-efficacy and perceived consequence are mostly mediated through judgements of absolute and relative risk. Conclusions focus on the implications of this finding for debates about the rationality of the fear of crime.     

Race relations in police operations: A legal and ethical perspective for officers

This presentation looks beyond the contemporary controversy over the use of race in drug courier profiling and examines the broad spectrum of rare relations affecting police operations. Racial controversy is not new to law enforcement, nor is it a recent phenomenon in American society. American police do not get enough credit for the enormous amount of positive daily interaction within minority communities. Police are pervasively present within minority communities around the clock successfully solving disputes, responding to calls for service, and addressing community concerns. It is against this backdrop that many in law enforcement are becoming increasingly frustrated by the perception, if not the reality of deteriorating race relations between police and minorities. One thing is certain: police cannot withdraw from racial conflict. Police will continue to operate within minority communities, regardless of the racial composition of either the community or the law enforcement agency. Therefore, officer and supervisory training should not only focus on how to avoid racial conflict, but also on how to ethically and legally perform in an environment where treatment of minorities is critically examined.     

Theoretical and methodological issues in studying children's capacities in legal contexts

Understanding children's capacities in legal contexts is an urgent priority for psychology and the law. The distinction between capacity and performance is discussed in light of two research goals: (a) identifying children's capacities relevant to law; and (b) identifying the circumstances under which their performance varies. This discussion leads to three fundamental research issues that are explored. First, in addition to general capacity, the effect of specific legal contexts on performance requires investigation. Second, capacities research must take a developmental approach using appropriate, ecologically valid target and comparison samples. Third, legal standards and their inherent developmental assumptions about children's capacities must be operationalized and investigated from both legal and psychological perspectives.     

Unaccompanied refugee children and adolescents: the glaring contrast between a legal and a psychological perspective

Unaccompanied refugee children and adolescents are a vulnerable group: they live not only in a relatively difficult situation as minor refugees staying in another country, but also face other risks due to the absence of their parents, such as traumatic experiences, exploitation or abuse. The difficult living situation of these unaccompanied refugee children and adolescents might therefore threaten their emotional well-being, resulting in important emotional and behavioural problems. This 'psychological' perspective shows the necessity of a strongly elaborated reception and care system for these children and adolescents in order to meet their specific situation and needs. Nevertheless, the case study of unaccompanied refugee minors living in Belgium, as explored in this paper, shows that the legal perspective on these youths - considering them as 'refugees' and 'migrants', not as 'children' - is predominantly the starting point to build the care system on. Moreover, this legal perspective contrasts sharply with the psychological perspective, as such that these children and adolescents do not receive appropriate support and care as they need.     

The value of life in legal contexts: survey and critique

Value of life issues traditionally pertain to insurance of thelosses of accident victims, for which replacement of the economicloss is often an appropriate concept. Deterrence measures ofthe value of life focus on risk-money tradeoffs involving smallchanges in risk. Using market data for risky jobs and productrisk contexts often yields substantial estimates of the valueof life in the range of $3 million to $9 million. These estimatesare useful in providing guidance for regulatory policy and assessmentsof liability. However, use of these values to determine compensation,known as hedonic damages, leads to excessive insurance.     

Understanding search engines: A legal perspective on liability in the Internet law vista

This contribution discusses the legal dimension of search engines in an Internet law context, through both a global lens and a Turkish perspective. This paper introduces search engine liability in the growing Internet industry and the role of search engines in distributing and disseminating information. Next, this paper considers a global perspective on the legal dimension of search engines from United States case law, United Kingdom case law, and other European courts and legislation. This contribution then discusses the liability of search engines in the Turkish legal context. The conclusion provides an overall evaluation of the current status of search engine liability and prospects on its potential development.