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71.
Whetsell JF 《Annals of health law / Loyola University Chicago, School of Law, Institute for Health Law》2003,12(1):23-73, table of contents
Ms. Whetsell examines the Bell Regulations, which limit New York's hospital residents' work hours and require increased supervision from senior doctors, in light of the currently pending federal bill that seeks to do the same. The article argues that the federal government should draw lessons from the New York experience before proceeding with similar guidelines. The article notes that many roadblocks have prevented successful implementation of the New York policy, including a long-standing tradition of "hazing" first-year residents with long, unsupervised hours; medical community resistance to the notion of residents' sleep deprivation and dislike of government interference; and a general fear within the medical community of increased medical malpractice liability and other indicia of "blame culture." The Article concludes that the most effective approach to patient safety related to residency sleep deprivation should work within hospital culture, not against it. The proposed alternative approach would encourage patient safety strategies that value teamwork and cross-discipline collaboration, and consequently result in greater satisfaction for residents, hospitals, and patients. 相似文献
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On 17 July 2003, the England and Wales High Court granted a hemophiliac leave to appeal a decision to refuse to provide him with recombinant factor VIII, a treatment for hemophilia not derived from human blood. The applicant had been infected with HIV and hepatitis B, C, and G through tainted blood products. 相似文献
74.
Detecting Deception in Children's Testimony: Factfinders' Abilities to Reach the Truth in Open Court and Closed-Circuit Trials 总被引:1,自引:0,他引:1
Orcutt HK Goodman GS Tobey AE Batterman-Faunce JM Thomas S 《Law and human behavior》2001,25(4):339-372
This study examined the influence of closed-circuit television (CCTV) on jurors' abilities to detect deception in children's testimony. Children ages 7–9 individually played games and made a video movie with a male confederate. In the guilty condition, stickers were placed on exposed body parts (i.e., the child's arm, toes, and bellybutton). In the not-guilty and deception conditions, stickers were placed on the child's clothing rather than on bare skin. Approximately 3 weeks later, mock jurors recruited from the community viewed child participants testify either in a traditional courtroom setting or via one-way CCTV. The mock jurors responded to questions about the child witness and the defendant as well as deliberated to reach a verdict. Children in the deception condition were asked to testify as if the stickers had been placed on exposed body parts rather than on their clothing. Predeliberation, jurors were less likely to convict when a child testified in the deception condition as opposed to the guilty condition. These differences disappeared following deliberation. There was no support for the notion that jurors reach the truth better when children testify in open court versus via CCTV. Implications for jurors' abilities to reach the truth are discussed. 相似文献
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Political mechanisms of accountability were marginalized by Conservative government reforms during the 1980s and 1990s which sought a more market-oriented approach within the public sector in order to enhance ‘consumerism’. In education, parents were given more choice between schools and were provided with more information on school performance. The promotion of market accountability has involved a reduction in the powers of local education authorities (LEAs) which had been central to the operation of political accountability. However, whilst market-based forms of accountability were firmly enhanced in principle by the legislation, to what extent have the forms of accountability operating within LEAs changed in practice? Interviews with Chief Officers and the Chair of the Education Committee are used to identify changing perceptions and practices of accountability in LEAs in Wales. The findings indicate that although local politicians and officials have been forced to operate within the legislative framework of market accountability, they have sought to impede its successful implementation. The policy community in Wales facilitated the LEAs’ capacity to respond in this way. The market-based reforms conflicted with fundamental values held in Wales, which remain those of professional accountability. 相似文献
78.
Jennifer Earl 《Law & social inquiry》2008,33(3):735-778
This essay reviews the arguments and impacts of the classic work, The Process Is the Punishment by Malcolm Feeley, originally published in 1979 and republished with a new foreword and preface in 1992. This essay examines how the book has been used in sociolegal research since 1979 by empirically tracing its citation in published work. I also examine missed opportunities where The Process Is the Punishment could still expand its impact in the literature, as well as reviewing the major arguments and criticisms of the book. 相似文献
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Shaun L. Gabbidon Leslie K. Kowal Kareem L. Jordan Jennifer L. Roberts Nancy Vincenzi 《American Journal of Criminal Justice》2008,33(1):59-68
This paper examines race-based peremptory challenges. Such challenges occur during the voir dire jury selection process. The process allows both the defense and the prosecution to strike jurors who they believe will not
decide cases fairly. However, in the case of Batson v. Kentucky 476 U.S. 79 (1986), the Supreme Court ruled that race could not be used as a factor in eliminating prospective jurors. This
paper examines federal litigation for five years in which it was alleged that race was used as a factor in removing a juror.
An examination of the cases revealed that most of the cases involved sole male litigants who allege that there were multiple
race-based peremptory challenges used in their cases. Moreover, most of the cases that led to the allegations involved violent
offenses. Other case characteristics are noted, but of most significance was the finding that most appellants lost their cases.
As such, the courts felt that most of the challenges were, in fact, race neutral. The implications of this research are discussed.
This study was funded by an undergraduate research grant from Penn State University. 相似文献