共查询到20条相似文献,搜索用时 0 毫秒
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Alan Wertheimer 《Journal of Law and the Biosciences》2014,1(2):137-182
It is widely accepted that informed consent is a requirement of ethical biomedical research. It is less clear why this is so. As an argumentative strategy the article asks whether it would be legitimate for the state to require people to participate in research. This article argues that the consent requirement cannot be defended by appeal to any simple principle, such as not treating people merely as a means, bodily integrity, and autonomy. As an argumentative strategy the article asks whether it would be legitimate for the state to require people to participate in research. I argue that while it would be legitimate and potentially justifiable to coerce people to participate in research as a matter of first-order moral principles, there are good reasons to adopt a general prohibition on coercive participation as a matter of second-order morality. 相似文献
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User reviews of products on the e-commerce platforms are a critical determinant of inter-platform competition, as a large number of consumers base their purchasing choices on the related reviews written by other users. The network effects between the number of reviews and new users give a sustainable competitive advantage to incumbent platforms. While business literature has recognised the commercial value of the user reviews, legal scholarship has paid little attention to levelling the playing field between incumbents and new e-commerce platforms by exploring the portability of user reviews. This paper bridges this gap. We explore the possibility of porting user reviews through two legal mechanisms—first, traditional Intellectual Property law; second, the new Right to Data Portability (RtDP) as enshrined in the GDPR. After recognising the limitations of these mechanisms in enabling the portability of reviews, we suggest that pure data aggregators, such as Personal Information Management Services (PIMS), are best placed to make user reviews available to multiple platforms. 相似文献
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Sultan BA 《New England law review》2003,37(4):1195-1230
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Since 1978, China’s private international law has made great achievements in publication of textbooks and reference materials,
translation of foreign works, academic research, construction of subjects and disciplines as well as participation in international
exchanges. The research on academic issues, to some extent, has helped to address various puzzles in legislation, judicature
and construction of the discipline of China’s private international law, and has formed some theories in the representation
of “one body of two wings.” Although there are still some flaws and issues, Chinese scholars in this field have both the capability
and the mission to create a theoretical system for private international law with Chinese characteristics. 相似文献
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Stewart SM 《Baylor law review》1975,27(1):169-173
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The competitive benefits of pay-for-performance (P4P) financial incentives are widely assumed. These incentives can affect health care through several mechanisms, however, not all of which involve competition. This insight has three implications. First, federal antitrust enforcement should continue to scrutinize P4P arrangements. Second, government needs to play a larger role in P4P than through antitrust oversight. Third, widespread enthusiasm for a particular health policy reform does not relieve policy makers of the obligation to understand its theoretical basis. 相似文献
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Dower T 《Melbourne University law review》2001,25(2):466-480
The recent Federal Court decision in McBain v. Victoria, which rendered inoperative a Victorian law that restricted assisted reproductive technology to married or heterosexual de facto couples, has raised the issue of whether lesbians should have access to such technology. This article provides an overview of State laws currently regulating lesbian access to assisted reproduction in Australia. It then explores the growing body of empirical research indicating that the welfare of children raised in lesbian households does not differ in any significant respect from the welfare of children raised in comparable circumstances by heterosexual parents. This research undermines the view that children suffer social stigma or experience hardship caused by the lack of a 'father figure.' The 'welfare of child' rhetoric has in fact been used to mask marginalisation of 'alternative' family forms, and the reluctance to extend assisted reproductive technology to lesbians is underpinned by a deep-rooted fear of undermining the traditional heterosexual nuclear family. 相似文献
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D W Young 《Journal of health politics, policy and law》1986,10(4):765-774
Because equity capital is becoming an important financing source for health care organizations, the conversion of many such organizations from nonprofit to for-profit status is a significant public policy issue. Since many states require converting nonprofits to repay the "community" for its investment during the nonprofit status period, three questions arise: (1) How much is the entity worth? (2) How much of that worth should be returned to the community? (3) In what form should it be returned? The paper addresses these questions, and demonstrates why responsible public policy calls for them to be carefully considered if community interests are to be preserved. 相似文献