“He did everything he possibly could for me”: medical malpractice claimants’ experiences of lawyer–client relations

Lawyers are obliged to act in the interests of their clients, however, it is not clear how lawyers should do this in practice. Should lawyers follow their clients' instructions without deviation, should they actively manage their clients' expectations, or as many studies suggest, do lawyers place their own interests first? This paper examines how lawyers interact with medical malpractice claimants. It reveals that lawyers take a client-aligned approach, where lawyers acknowledge their client's goals, but do not necessarily do what the client says. We argue that this approach is made necessary by legal and organisational constraints which limit the ability of lawyers to produce the types of outcomes that their clients want.     

Fatal child neglect in East Germany 1 January 1985 to 2 October 1990. Results of a multicenter study

No reliable data are available on cases of lethal child neglect in the area of the former German Democratic Republic. In a multicenter study we therefore examined the police and court records for such cases occurring in the period 1 January 1985 to 2 October 1990 in the entire area of the former German Democratic Republic. RESULTS: A total of 9 cases were reported to the study center. This does not include undetected cases, whose number, though indeterminate, is probably small due to the general obligation to perform autopsies on all children dying before their 16 birthday. Just over half of all victims were less than one year old, the oldest was 3 1/2 years old. Starvation and severe dehydration were by far the most common causes of death; in half of cases these occurred in combination with hypothermia. Most often mother killed their children by neglect, either alone or together with the victim's father. In the majority of cases no close bond existed between the parents and the child. Seventy percent of the perpetrators were chronic alcoholics. All 10 of the perpetrators were sentenced to imprisonment for periods ranging from one year to life long. Mitigating circumstances were presented at the sentencing phase of the trial on behalf of 20% of those convicted. The experience of legal medical and pathological institutes in the former German Democratic Republic underscores the need to perform an autopsy on all deceased infants and young children. Only this can ensure that no cases of lethal child neglect are overlooked.     

Christian Wolff and the classics of“scientific socialis”

The paper analyses the reception of Christian Wolff in the work of the founders of scientific socialism. It is discussed how Marx, Engels and Lenin thought about a leading representative of German Enlightenment. The author argues that the classics of scientific socialism knew about Wolff in an off-handed and secondary way. As the case of Wolff shows their studies regarding philosophical, legal, sociological and economic theories and those who represented them were strongly influenced by thinking with the logic and in the categories of class antagonism and struggle. The Wolff treatment by Marx, Engels and Lenin determined his reception in the philosophy and economics of the state socialism.     

Democracy and development: With Special attention to Korea

Academic discussions on the relationship between regime type and economic growth of developing countries have been drawn to three linkages, the contribution of a certain type of political authoritarianism to rapid industrial transformation, the trend towards democracy after a long period of sustained economic development, and possible negative economic consequences of democratization itself. There are theoretical reasons to support the first two assertions, but the third proposition is less tenable. The case of Korea shows that democratic changes have resulted in higher consumption, have induced inflationary policy, and have led to wage increases in excess of productivity gains. However, these might well be transitional rather than steady-state phenomena. Political learning can prevent young democracies from becoming captives to distributional coalitions.     

Identifying and Managing Stress in Child Pornography and Child Exploitation Investigators

In the last decade, law enforcement personnel have increasingly been tasked to police the internet in an effort to staunch the production and distribution of child pornography and to investigate computer-facilitated child exploitation. These investigative personnel have encountered a range of assignment-specific challenges and strains as a result of their involvement in this taxing and novel investigative activity. In some cases, the cumulative effects of these strains, together with repeated exposure to highly disturbing images of abused children, have resulted in stress reactions that have commanded the attention of police managers and police psychologists alike. The present article is intended to provide an overview of the stresses unique to child exploitation and pornography investigations, common reactions to these stressors, procedural safeguards to mitigate the impact of this high-risk assignment, and two model programs designed to meet the needs of the current generation of “cyber cops”.

Healthcare fraud and quality of care: a patient-centered approach

This Article explores the intersection between quality of care and healthcare fraud by examining the extent to which quality-related fraud settlements benefit patients. The author argues that, although the protection of beneficiary health and welfare often is invoked by the federal government as one of the reasons for undertaking anti-fraud efforts, such considerations do not appear to play a large role in many of the settlements that are negotiated. While returning funds to the federal Treasury helps to ensure that the federal healthcare programs remain solvent and continue to serve beneficiaries in the aggregate, it may not adequately address harm to individual patients. Thus, the author concludes it may be time to explore new models of fraud settlements that can provide adequate compensation to the patients who may have suffered harm.     

Drivers of Policy Instrument Selection for Environmental Management by Local Governments

Local governments commonly pursue environmental objectives that exceed state and federal minimum requirements. Although research informs our understanding of factors that lead cities to adopt such policy goals, the underlying mechanisms employed to achieve them are not well understood. This article examines factors that drive the choice of policy instruments that cities use to pursue local environmental objectives. The literature links the structure of the local governing body, characteristics of the community and target populations, and the nature of the policy problem to instrument selection. Building on this, the authors model the dynamics shaping cities' use of regulations, financial incentives, or combination thereof, to pursue a variety of different environmental objectives. Results indicate that community racial composition and political leaning influence instrument choice when policy targets the public at large. Alternatively, when policy targets particular stakeholder groups, such as developers, the characteristics of the local governing body are of greater importance.     

China's corporate credit reporting system: A comparison with the United States and Germany

Corporate credit reporting (CCR), which aims at increasing trust in corporates, constitutes an intriguing, yet understudied set of regulatory institutions as it is both a regulatory object and subject at the same time. Differences in national CCR systems pose challenges for multinational companies and have increasingly become a subject of international conflicts on regulatory standards. In this context, the case of China deserves special attention since the country pursues both institutional divergence and convergence with international examples. Hence, the characterization of China's regulatory regime remains difficult. By comparing the institutional context of CCR in China to those in the United States and Germany, this paper sheds light on a specific aspect of China's complex regulatory regime. At the same time, it provides insights into the Chinese manifestation of CCR, which are important for the international business community.