Compensation for Damage Caused by Defective Drugs: European Private Law between Safety Requirements and Free-Market Values

Abstract: Within the European Union, the success of private law harmonisation is based upon the fragile balance between legal integration and protection of national traditions. In this respect, a transversal analysis of the obligation of safety established by the Directive 374/85/CEE shows that harmonisation sometimes prevails over the potential protections granted to the victims of a damage caused by defective products. On the one hand, this reduction arises from the balance between objective and subjective criteria used in evaluating the defect as defined in the harmonised text. On the other hand, it results from problems of coordination between national laws and EC law remedies. This latter difficulty is illustrated by the 25 April 2002 European Court of Justice decisions on the French experience. The paradigmatic example of the pharmaceutical sector is a clear illustration of these tensions, since it heightens free‐market values at the same time as seeking to ensure compensation for breach of health and safety of consumers.     

The influence of institutions and culture on health policies: different approaches to integrated care in England and The Netherlands

The concept of integrated care has assumed growing importance on the policy agendas both in England and The Netherlands and elsewhere. It is characterized as health and health care-related social care needed by patients with multi-faceted needs. This article compares policy approaches to integrated care in England and The Netherlands. Differing political strategies and conditions for integrated care correspond to the dissimilarities in the institutional structure and culture of their health care systems. Health care systems are understood as specific national and historical configurations. We review the last decade's relevant policy processes, using the concepts of hierarchy, market and network. The state health care system in England relies mainly on hierarchical steering, thus creating tight network structures for integrated care on the local level. The Netherlands, with its health care system in a public-private mix, has set incentives for voluntary, loosely coupled and partly market-driven cooperation on the local level. Implications for success or failure are mixed in both configurations. Policy recommendations have to be tailored to each systems' characteristics.     

Problem solving as reinforcement in adolescent drug use: Implications for theory and policy

The problem of adolescent drug use received a great deal of attention both in criminological theory and public policy. Predominant among theories was Akers' social learning theory which examined the role of learning through a process of imitation, modeling, and reinforcement. Public policy led to the development of programs such as Drug Abuse Resistance Education (DARE) that aimed to warn youths of the dangers of drug use. In line with research findings, both theory and policy gave a central role to peers in understanding adolescent drug use. Less attention was given to another important finding in the literature, that those who used drugs often perceived the drugs as solutions to problems. Using social learning theory, the role of perceptions of drug use as an effective problem solver was examined. Results indicated that a more explicit recognition of the use of drugs to deal with problems might inform both theory and policy.     

Determining the Optimal Size of Local Government: The Case of Tasmanian Councils

We estimated the optimal size of the most significant functions performed by Tasmanian councils between 1999 and 2008 using a non‐parametric technique based on the shared input data envelopment analysis model. The principal advantage of this technique is that it not only provides an overall estimate of efficiency but it also allows for the estimation of ‘partial efficiencies’ and ‘cost shares’ when one input is shared among multiple outputs. Our results indicate that water supply and sewerage services, on average, were more efficient, whereas activities related to community health and safety and information systems warrant improvement. However, because the costs associated with water supply and sewerage services are considerably higher than the costs related to community health and safety and information systems, the elimination of these inefficiencies would result in greater cost savings for the Tasmanian local government sector.     

Ancestry and BMI Influences on Facial Soft Tissue Depths for A Cohort of Chinese and Caucasoid Women in Dunedin,New Zealand

This study measured and assessed facial soft tissue depths (FSTDs) in adult female Chinese and New Zealand (NZ) Europeans (Caucasoids). Ultrasound was used to obtain depths at nine landmarks on 108 healthy subjects (51 Chinese, 57 NZ European), erect positioned, of same age group (18–29 years). Height and weight were also recorded. Statistical analysis focused on comparison of tissue depth between the two ancestry groups and the influence of Body Mass Index (BMI) (kg/m²). Results showed mean depth differences at Supra M2 and Infra M2 landmarks significantly greater for Chinese than Caucasoid women for all three BMI Classes (BMI <20, 20 ≤ BMI < 25, 25 ≤ BMI < 30), even BMI <20. For both groups BMI positively correlated with FSTD values at all landmarks except Labrale superius. This study enabled ancestry and BMI influence on FSTDs to be observed and compared for two distinct groups. Results add to knowledge about facial tissue depth variation.