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181.
Our article analyzes whether the federal government may constitutionally supplant a traditional system of common-law trials before state judges and juries with new federal institutions designed by statute for compensating victims of medical injuries. Specifically, this article examines the federal constitutional issues raised by various proposals to replace traditional medical malpractice litigation in state courts with a federal system of administrative "health courts." In doing so, we address the following constitutional issues: 1. Is there federal authority to preempt state law (the commerce clause and spending clause issues)? 2. May jurisdiction be created in non-article 3 tribunals, and may claims be decided without trial by jury (the separation of powers and Seventh Amendment issues)? 3. Would pilot programs that require some claims to be pursued in a federal administrative forum while other claimants are left to pursue traditional state tort law remedies be constitutional (the equal protection issue)? The article concludes that a federal compensation system through administrative health courts should be constitutional provided the statute is appropriately drafted and that appropriate factual findings are made concerning the benefits to patients and the public as well as to doctors and their insurers. 相似文献
182.
A Social Learning Theory Model of Marital Violence 总被引:1,自引:0,他引:1
A social learning theory model of minor and severe marital violence offending and victimization among males and females was tested. Results support social learning as an important perspective in marital violence. However, males and females are impacted differently by their experiences with violence in childhood and adolescence. Prior experiences with violence have a more dramatic impact in the lives of females than males, both during adolescence and adulthood. 相似文献
183.
184.
The last several months saw important victories but also disappointments in litigation over criminal prohibitions of marijuana in Canada. Four cases are summarized below--two deal with claims regarding medical marijuana, the other two with recreational use. 相似文献
185.
After eight years of litigation, on 21 June 2000 three hemophiliacs infected with HIV finally won a judgment against the Canadian Red Cross Society and the federal government. An Ontario trial court ruled the Red Cross and the government were negligent for having delayed the implementation of heat treatment for blood products, which resulted in the plaintiffs' infections. Since starting their lawsuits in 1992, two of the three plaintiffs died of AIDS before the trial judgment. But the damage awards were criticized by the plaintiffs' lawyer. 相似文献
186.
On 30 May 2000, the same day as the complaint against Brazil, the US (again joined by the EC) filed a complaint against Argentina, alleging that its patent laws violate the TRIPS Agreement in a number of ways. 相似文献
187.
On 7 June 2000, the BC Supreme Court rejected an attempt by the Vancouver Rape Relief Society to prevent the provincial human rights commission from hearing a complaint that it had discriminated against a transgendered woman. Kimberly Nixon filed a complaint with the BC Human Rights Commission in August 1995, alleging that the Vancouver Rape Relief Society had refused to allow her to work as a volunteer counselor because she had not been biologically female at birth. 相似文献
188.
Hiron Poon M.Sc. ; Jim Elliott B.Sc. ; Jeff Modler M.Sc. ; Chantal Frégeau Ph.D. 《Journal of forensic sciences》2009,54(6):1278-1286
Abstract: Following implementation of our automated process incorporating the Promega DNA IQTM system as a DNA extraction method, a large number of blood-containing exhibits failed to produce DNA. These exhibits had been tested with the Hemastix® reagent strip, commonly used by police investigators and forensic laboratories as a screening test for blood. Some exhibits were even tainted green following transfer of the presumptive test reagents onto the samples. A series of experiments were carried out to examine the effect of the Hemastix® chemistries on the DNA IQTM system. Our results indicate that one or more chemicals imbedded in the Hemastix® reagent strip severely reduce the ability to recover DNA from any suspected stain using the DNA IQTM magnetic bead technology. The 3,3',5,5'-tetramethylbenzidine (TMB) used as the reporting dye appears to interact with the magnetic beads to prevent DNA recovery. Hydrogen peroxide does not seem to be involved. The Hemastix® chemistries do not interfere in any way with DNA extraction performed using phenol-chloroform. The incompatibility of the Hemastix® chemistries on the DNA IQTM system forced us to adopt an indirect approach using filter paper to carry out the presumptive test. 相似文献
189.
Delbert S. Elliott 《Crime, Law and Social Change》1997,28(3-4):287-310
The history of crime prevention and control efforts in the United States has demonstrated little progressive improvement in
our ability to deter crime. The major obstacles to implementing effective interventions and policies have been a weak scientific
knowledge base about how to prevent crime, the research community's inability to effectively disseminate what is known about
the causes of crime and to translate this knowledge into operational programs and policies, and a resistance on the part of
practitioners and policy makers to evaluate programs and policies and to use this information in the development of new programs
and policies. In the last decade, there have been major advances in our understanding about the causes of crime and we have
now demonstrated the effectiveness of selected prevention programs. But there is little evidence that this scientific knowledge
is informing current practice or policy. Problems in the dissemination of this information and the resistance to utilizing
it remain. These problems are discussed and suggestions are made for addressing them. Our knowledge base remains modest, but
it is now sufficient to inform policy and practice. The research community must work to do a better job of disseminating this
information and overcoming the resistance to utilizing it before we will be successful in implementing effective crime prevention
programs and policies.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
190.