Recent developments in medicine and law

This article addresses important developments in the field of medicine and the law during the last year and highlights some of the significant areas of law affecting health care providers that should be considered. Actions against health care providers may include challenges to peer review immunity, allegations concerning the practice of medicine across state lines without a license, and even accusations of wrongfully assisting a patient to commit suicide. These areas are addressed in turn by this article. Finally, antitrust developments over the last year are briefly addressed as an emerging area of concern for providers forming complex practice networks in today's health care arena.     

Patterns of family formation: Marriage and fertility timing in Bulgaria at the turn of the twenty-first century — A case-study of Sofia

In this paper, we discuss the changes in the process of family formation in Bulgaria at the end of the twentieth century. Studying the ideal patterns of family formation and the place of children and marriage within them, we offer six typological models. Based on recent population developments and social values changes, we argue that the Hajnal line and the associated hypothesis concerning the existence of separate Eastern and Western Marriage Patterns are irrelevant for understanding the present demographic situation. Attempts to update the line to accommodate recent developments are counter-productive as they obscure the commonality of demographic processes at work across the European continent.     

Patterns of family formation: Marriage and fertility timing in Bulgaria at the turn of the twenty-first century — A case-study of Sofia

In this paper, we discuss the changes in the process of family formation in Bulgaria at the end of the twentieth century. Studying the ideal patterns of family formation and the place of children and marriage within them, we offer six typological models. Based on recent population developments and social values changes, we argue that the Hajnal line and the associated hypothesis concerning the existence of separate Eastern and Western Marriage Patterns are irrelevant for understanding the present demographic situation. Attempts to update the line to accommodate recent developments are counter-productive as they obscure the commonality of demographic processes at work across the European continent.     

Developments in juvenile justice during the decade of the 70s: Juvenile detention facilities

A number of important developments in juvenile justice during the decade of the 70s are identified. Data were obtained from a sample of juvenile detention facilities in the late 1960s and again, from the same sample, in the late 1970s. The data obtained included the perceived purpose of detention, information concerning the detainees and personnel, and procedural and program information. The two sets of data were compared to determine whether the developments in the juvenile justice system were reflected in the detention segment of the system.     

Causality and Causation in Law, Medicine, Psychiatry, and Psychology: Progression or Regression?

In this article, I review recent developments in the areas of law, medicine, psychiatry, and psychology concerning causality and causation. I analyze the validity of the 2008 edition of the American Medical Association (AMA)’s guides to the evaluation of permanent impairment and its accompanying volume on causation. I conclude with recommendations for a synthetic approach to causality in the legal field and a more consistent model of impairment in the mental health one. The AMA’s book on medical causation needs careful revision.     

Holding Back the Tide— a Review of Recent Developments in Copyright Law in the United Kingdom

This article surveys recent developments in UK copyright law. It sets these developments in the context of broader trends in copyright law and policy. Significant decisions concerning subsistence of copyright, authorship, infringement, defences, remedies and collective licensing are analysed. The author notes that copyright, and other intellectual property rights, have been given extra force as a result of recent legislative developments. He argues that, against this background, it is possible to discern increasing judicial concern to ensure that such an expansion in monopoly power does not operate against the public interest.     

Battered Women and the Criminal Justice System: The Service Providers' Perspective

This article reports on a study of the service providers' perspective on what battered women face when entering the criminal justice system. Victim non-co-operation with the system can manifest itself in various ways and at several points in the process. The article begins with a review of the available literature on the criminal justice system's responses to women battering. Then the experiences and perceptions of service providers in Ohio concerning these responses are described, and, consequently, the findings according to factors which may affect service providers responses are analyzed. The article concludes with an assessment of the policy implications of the system's response to women battering.     

Revisiting the duty of care of the nonprofit director

The current corporate responsibility environment has prompted interested stakeholders, including legislators and state charity law officials, to more closely evaluate what constitutes the proper exercise of the "duty of care" by the director of a nonprofit corporation. The authors review recent developments affecting duty-of-care obligations and conclude that corporate responsibility and related concepts are likely to require directors to give greater consideration to the exercise of their "oversight" obligations as subsumed within the duty of care. The Article identifies a number of recent instances in which state charity law officials and other third parties have raised issues associated with the proper exercise of directors' oversight obligation, and concludes that directors of nonprofits will require greater counseling on their duty-of-care obligations in order to reduce their liability profile in an increasingly contentious environment.     

Eu search for regulatory answers to crypto assets and their place in the financial markets’ infrastructure

Crypto assets are no longer a niche topic for geeks but an important trend in financial markets and an uprising asset class. This is due to technological advancements, spike in token issuances, and Facebook's Libra project, now called Diem, among other things. Many potential benefits of crypto assets for the financial sector are widely recognized, including cost savings, improved efficiency and transparency. The rapid growth of the crypto assets ecosystem has intensified the focus of regulators. They are challenged to provide an adequate response, protect investors and customers, and mitigate risks while fostering technological development. Currently, at the EU-wide level, there is a regulatory gap, which contributes to legal uncertainty and weak investor protection. Several European jurisdictions have been proactive and successfully designed their own national regulatory solutions to crypto assets. Many European and international supervisory and regulatory bodies contributed to the debate and issued reports, analysis and statements highlighting risks and making regulatory recommendations. The European Commission took the first steps to assume its competence over all crypto assets within the EU and, after a comprehensive review of the entire crypto assets ecosystem, issued a proposal for a regulation on markets in crypto assets. This paper evaluates the EU's current regulatory approach to crypto assets against the background of the views and reports of several advisory and supervisory bodies and international organizations and against market developments.     

Goodbye to the Despot: Feldman on Islamic Law in the Ottoman Empire

Noah Feldman's 2008 book, The Fall and Rise of the Islamic State , provides a sweeping review of the constitutional history of the Islamic polity that connects the past to developments in the Middle East today. The Ottoman Empire is vital to his argument. This essay critically evaluates Feldman's treatment of the Ottoman period, within the larger context of Islamic history, and in so doing considers the understudied constitutional history of the empire. Without denying the importance of the ulema and the shari'a , it argues that the empire was a hybrid of many different traditions and the centrality of Islamic law should not be overstated.     

The detection of deception with the reality monitoring approach: a review of the empirical evidence

One of the verbal approaches to the detection of deceit is based on research on human memory that tries to identify the characteristics that differentiate between internal and external memories (reality monitoring). This approach has attempted to extrapolate the contributions of reality monitoring (RM) research to the deception area. In this paper, we have attempted to review all available studies conducted in several countries in order to yield some general conclusions concerning the discriminative power of this approach. Regarding individual criteria, the empirical results are not very encouraging: few criteria discriminate significantly across studies, and there are several variables that moderate their effect. Some of the contradictory findings may have emerged because of differences in the operationalizations and procedures used across individual studies. However, more promising results have been reported in recent studies, and the approach as a whole appears to discriminate above chance level, reaching accuracy rates that are similar to those of criteria-based content analysis (CBCA). Some suggestions for future research are made.     

Characteristics of children with problem sexual behaviour and adolescent perpetrators of sexual abuse: a systematic review

ABSTRACT

People who commit sexual offences are a heterogeneous group, with research suggesting that children and young people commit a large proportion of all sex offences, especially those committed against other children. This systematic review provides a synthesis of literature concerning the characteristics of children and adolescents who exhibit harmful sexual behaviour. There is a particular focus in this review on studies that examine the characteristics of children and young people exhibiting these behaviours within institutional and organisational settings or which take a situational and/or developmental approach to understanding sexually abusive behaviour. Using a developmental and life-course criminology lens, this review explores implications from the literature for the prevention and response to child sexual abuse, with a particular focus on institutional contexts where the perpetrators are children and adolescents.     

The impact of parental homosexuality in child custody cases: a review of the literature

As a result of the relatively high rate of divorce in this country and the increasing awareness that many parents (an estimated 1.5 million) are homosexual, the courts, as well as divorce mediators, have become actively involved in child custody placement decisions involving homosexual parents. While custody decisions have tended to reflect stereotyped beliefs or fears concerning the detrimental effects of homosexual parenting practices on child development, a review of the research consistently fails to document any evidence substantiating these fears. A number of specific custody issues are discussed as well as social factors relevant to lesbian motherhood. In conclusion, several authors call for increased awareness of the facts of homosexual parenting by lawyers, judges, and other professionals involved in homosexual parent-child custody cases.     

Bi-polar Disorder? Is Bioprospecting an Emerging Issue for the Arctic as well as for Antarctica?

Bioprospecting has recently emerged as a new challenge for environmental governance in Antarctica. While considerable attention now surrounds this issue in Antarctica, there has been little, if any, debate on the question of whether bioprospecting is also an issue requiring a policy or regulatory response in the Arctic. This article briefly considers the emerging debate with respect to bioprospecting in Antarctica. It then provides a detailed survey of the nature and extent of bioprospecting in the Arctic, with a focus on the Nordic countries. It goes on to outline legislative developments in several Nordic countries concerning the regulation of access and benefit sharing in relation to naturally occurring biological materials of actual or potential value commonly referred to as wild genetic resources. It concludes by highlighting some potential disputes raised by the creation of such regimes, especially around the disputed waters of Svalbard. This analysis suggests that a more coordinated regional response may be warranted in the Arctic in the future.     

2007年下半年香港大事记

2007年是香港回归祖国十周年，香港下半年在政治、法律、社会民生和经济上都发生了不少对社会有影响而又被广泛关注的事件，现在此作一回顾。     

Green Criminology and Crimes of the Economy: Theory, Research and Praxis

This paper describes several key developments and dimensions in the field of ‘green criminology’ and discusses some of the relevant debates and controversies arising. It then outlines overlaps and connections with other areas of work within critical criminology. The central focus of the paper is on crimes of the economy as they affect the environment and a substantive, illustrative case study is provided on environmental crimes and harms associated with the oil industry. The paper concludes with some critical observations on where directions in theory, policy and practice may need to turn in a post-growth world.     

Impairment based legislative limits for driving under the influence of non-alcohol drugs in Norway

Bloodstains at crime scenes are among the most important types of evidence for forensic investigators. They can be used for DNA-profiling for verifying the suspect's identity or for pattern analysis in order to reconstruct the crime. However, until now, using bloodstains to determine the time elapsed since the crime was committed is still not possible. From a criminalistic point of view, an accurate estimation of when the crime was committed enables to verify witnesses' statements, limits the number of suspects and assesses alibis. Despite several attempts and exploration of many technologies during a century, no method has been materialized into forensic practice. This review gives an overview of an extensive search in scientific literature of techniques that address the quest for age determination of bloodstains. We found that most techniques are complementary to each other, in short as well as long term age determination. Techniques are compared concerning their sensitivity for short and long term ageing of bloodstains and concerning their possible applicability to be used on a crime scene. In addition, experimental challenges like substrate variation, interdonor variation and environmental influences are addressed. Comparison of these techniques contributes to our knowledge of the physics and biochemistry in an ageing bloodstain. Further improvement and incorporation of environmental factors are necessary to enable age determination of bloodstains to be acceptable in court.     

Political entrepreneurship and the formation of special districts

Where general purpose governments provide a bundle of services within their boundaries, special district governments provide specific services inside the boundaries of general purpose governments. The alternative to forming a special purpose government is providing the service within a general purpose government. Formation of a special district represents the establishment of a new political enterprise, in contrast to the addition of a new product line to an existing government. We explore the formation of special districts as a particular form of the universal entrepreneurial search for gain or profit from exchange. Political entrepreneurship, like market entrepreneurship, operates inside some framework of rules, and the formation of special districts reflects the search for political gain within that framework of rules. We use an entrepreneurial framework to formulate several hypotheses concerning the formation and organization of special districts.     

国际税收协定的几个重大发展及其展望

国际税收协定是国际税收合作的主要形式。晚近以来,国际税收协定呈现出几个突破性的重大发展,即区域性多边税收协定的产生、最惠国待遇条款的引入和国际税收争议仲裁解决条款的订立。这些重大发展一方面是国际税收合作水平提升的体现,另一方面也代表了国际税收协定发展的新动向。这些重大发展将有利于促使全球性多边税收协定的订立并使国际税收合作走向法治化的轨道,从而使国际税收协定进入一个新的阶段。但由于国际税收合作的复杂性,这一过程尚需一定的时日。