An overview of seized illegal wildlife entering the United States

The current study analyses seizures made at US ports of entry between 2003 and 2013, with the aim to identify concentrations of illegal wildlife imports into the United States. Findings show that 94% of species seized belong to six groups – mammals, molluscs, birds, reptiles, fish and coral – with mammals and reptiles making up more than half of all seizure incidents. Additionally, most seized wildlife is imported as leather products, medicinal products and as meat. The majority of seizures emanate from six countries, and illegal wildlife is primarily brought to the US via airline baggage. Temporal trends of wildlife seizures point to increases in the seizures of all groups of species, with the exception of birds. Based on these findings, we recommend using situational crime prevention techniques at US ports of entry to reduce opportunities that enable this trade.     

Special report on patient care. HCFA finally issues patient-dumping regulations

EMTALA has always been an especially worrisome law for providers because its requirements are both sweeping and vague, with potentially drastic penalties for violations. The new regulations remove only some of the law's vagueness. As with previous EMTALA amendments, all United States hospitals, as well as emergency department physicians and other doctors who see patients in the emergency department, should carefully review their internal policies regarding patient ++ transfers in light of the new regulations. For example, hospitals must have an internal policy for following up on suspicious transfers, as failure to detect an inappropriate transfer can now potentially result in a Medicare decertification action. Also, hospitals with specialized services (e.g., burn units or shock-trauma units) should review their policies on receiving transfer patients in light of the greater specificity of the new regulations. Finally, because of the confusing new requirements regarding ambulance services, all hospitals should review their relationships with and policies regarding, ambulance services and ambulance diversion.     

The Legal Situation on Stalking among the European Member States

Stalking became a subject of academic and social concern in Europe in the mid-1990s. Shortly afterwards the issue of legislation became the subject of debate in some countries and in 1997 the United Kingdom was the first European Member State that passed anti-stalking legislation. Denmark constitutes an exception because its Criminal Code of 1933 contains a provision which also deals with stalking. Other States that up to now have passed legislation against stalking in Europe are Belgium, the Netherlands, Germany, Malta, Ireland, Austria and, last in order of time, Italy. Where an anti-stalking law exists, legislators have introduced a new article into the existing Penal Code or have amended an article still in force for similar conduct, or have introduced a specific Act against Harassment or Domestic Violence which is intended to cover not only such conduct but also stalking. In the remaining European countries where an anti- stalking law does not exist, it is possible to prosecute stalking only when the behaviour amounts to crimes prosecutable under other existing norms. This article analyses legal regulations on stalking across European Member States in civil and criminal justice considering specific laws addressing the phenomenon or, alternatively, other laws under which stalking can be prosecuted. In the conclusions some advantages and disadvantages of European anti-stalking laws are discussed and some suggestions are given for future work in order to improve the protection of the victims of stalking.     

国际组织法律人格滥用与成员国的责任

长期以来，成员国应否对国际组织的不法行为的后果承担责任，存在较大争议。这一问题不论从理论上押或实践上都涉及国际组织的法律人格问题。从本质上而言，如果国际组织具有独立的法律人格，成员国不应对国际组织的债务承担责任。但存在一些例外情况，在此情况下，必须刺破“国际组织的面纱”，由成员国承担共同或连带责任。关于国际组织的“主要责任”和成员国的“次要责任”赔偿顺序问题，受害国或受害国际组织理应有权自主决定责任国或责任国际组织的先后次序。次要性并不意味着在处理求偿要求方面必须按照时间顺序进行。     

欧洲逮捕令在欧盟成员国国内的适用问题研究

欧洲逮捕令是在欧盟范围内取代传统引渡制度而施行的一种逮捕和移交人犯的国际刑事司法合作新机制.规范欧洲逮捕令的框架决定对欧盟成员困具有强制约束力,但不具有直接效力,各成员国必须采取必要措施以使本国国内法与框架决定的规定相符合.欧洲逮捕令在有的成员国遭遇宪法问题,有的成员国在适用时表现出对其他国家法律制度的不信任,还有一些国家的国内转化法存在着与框架决定不尽一致的规定.但从总体上来看,欧洲逮捕令在欧盟范围内已得到全面执行并取得了初步成功.     

Investigation of drug-related deaths. An overview

Drug-related deaths encompass fatal overdoses, the medical derangements from chronic consumption, and violent death from the alteration of normal behavioral patterns. Determining the extent to which a drug contributed to a death necessitates correlation of all aspects of the death investigation; autopsy and toxicologic findings must be interpreted in the light of antecedent events, medical and social history, and thorough scene investigation. The approach to the medicolegal investigation of drug-related deaths is discussed along with some legal ramifications and certain potential problems of death certification.     

New Trends in the Criminalization of Stalking in the EU Member States

Article 34 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence obliges signatory states to criminalize stalking. This article provides an inventory of criminal anti-stalking legislation in the 28 EU Member States in order to see whether they live up to this obligation. Although the number of Member States with dedicated legislation has increased significantly (n = 21) there are some questionable trends, such as the proliferation of criminal provisions which require the victim to have experienced fear or distress or an inclusion of an exhaustive list of stalking tactics. Although the states are not in evident violation of article 34 their perception of what constitutes stalking sometimes deviates from the intentions of the Convention.     

WTO对成员国贸易法律制度的要求——透明度

WTO要求,各成员国实施的有关贸易的政策、法令及各成员国间签订的影响国际贸易的现行协定,都必须公布,使之具有透明度,使企业和个人都容易了解到.     

Special report on labor and employment. The Department of Labor issues final regulations for the federal Family and Medical Leave Act

The FMLA is a complicated and comprehensive regulatory scheme, and it is impossible to review any but the most basic provisions in this article. The final regulations provide very detailed guidance on such issues as benefits continuation, reinstatement rights, notice requirements, and enforcement measures. Personnel policies and practices must be revised to be consistent with these final regulations, and care must be taken that leave policies do not restrict rights under the FMLA or unintentionally create expanded leave rights. In complying with the FMLA, employers must also keep in mind that there are complex interplays between the federal FMLA, state laws that provide family and medical leave, the Americans with Disabilities Act, and state workers' compensation laws, that can require expert advice depending on the particular circumstances.     

An overview of the legal and cultural issues for migrant Muslim women of the European union: A focus on domestic violence and Italy

The migration of Muslims into European nations and the intolerance exhibited towards them has been a growing challenge for the members of the European Union. The differences between the religion and cultures from which the Muslim women migrate and the receiving countries of the European Union may hamper the provision of social services to them when they experience domestic violence from their intimate partners. This article examines the potential for cross-cultural misunderstanding by examining domestic abuse in Italy in the context of both the social mores and the legal framework of that country. A comparison is made to the traditional perception of the role of women in Islamic culture. The research available on domestic violence in this context is examined as it relates to Italy and its Muslim migrants. The article suggests that what is needed are multidisciplinary cross-cultural solutions to provide services and meet the needs of Muslim victims of domestic violence in Italy.     

The Department of Health and Human Services issues proposed regulations on physician incentive payments by hospitals

Hospitals tempted to operate their own physician incentive plans are reminded that, under OBRA 1986, they are precluded from paying physician incentives of any kind to reduce or limit Medicare or Medicaid covered services. In light of the proposed regulations and the guidance of the preamble, hospitals should review their incentive plans to determine whether physicians providing direct patient care are receiving prohibited payments. Further, supervising physicians who are receiving incentives for certain hospital departments may not influence direct care over patients served by those departments, even through other physicians. Some risk may also exist if incentives are based on a formula that considers patients of the supervising physician's medical group. Finally, it may be useful to develop a utilization and quality of care review program specifically designed to assure that patient undertreatment does not occur as a result of any supervising physician incentive program.     

火灾模拟有限元软件综述

近年来随着计算机技术的普及和计算速度的不断提高,有限元分析在工程设计中得到了越来越广泛的重视,已经成为解决复杂的工程分析计算问题的有效途径,其中FDS、ANSYS、FLUENT、PHOENICS、CFAST等软件被广泛应用于火灾模拟研究和工程应用中,本文通过对上述软件的功能、特点和应用等方面的详细介绍,纵观当今国际上CAE软件的发展情况,得出火灾模拟有限元分析软件未来将与CAD软件的无缝集成,具有更为强大的网格处理能力,由求解线性问题发展到求解非线性问题和由单一结构场求解发展到耦合场问题的求解.尤其是FDS场模拟火灾软件和cFAsT区域模拟软件亟需与CAD软件的无缝集成,这样才能更加有利于工程应用人员对火灾场景模型的建立.