Social Citizenship,Housing Wealth and the Cost of Social Care: Is the Care Act 2014 ‘Fair'?

This article assesses the extent to which it is ‘fair’ for the government to require owner‐occupiers to draw on the equity accumulated in their home to fund their social care costs. The question is stimulated by the report of the Commission on Funding of Care and Support, Fairer Care Funding (the Dilnot Commission) and the subsequent Care Act 2014. The enquiry is located within the framework of social citizenship and the new social contract. It argues that the individualistic, contractarian approach, exemplified by the Dilnot Commission and reflected in the Act, raises questions when considered from the perspective of intergenerational fairness. We argue that our concerns with the Act could be addressed by inculcating an expectation of drawing on housing wealth to fund older age: a policy of asset‐based welfare.     

Ensuring Insurance for Foster Care: Requiring Foster Parents to Obtain Liability Insurance to Cover Harm Done to Foster Children in their Care

This Note proposes that all states should require that foster parents have liability insurance before children are placed in their care. This Note also proposes that the liability insurance needs to cover not just harm to third parties but also harm to the foster children through the negligent acts of the foster parents. This legislation will allow foster children to have standing to bring claims against their foster parents and insurance companies and give them a greater opportunity for recovery. Currently, the policies and statutes governing the policies in place do not cover all types of harm that can occur during the foster parent–child relationship. Certain policies leave children who are harmed by their foster parents’ negligence unable to recover any damages from the people who have harmed them. Because foster parents can be left to defend the actions themselves, they often become judgment proof due to their low income, leaving the children who are harmed with little chance of recovery.

Key Points for the Family Court Community:
• States need to require foster parents to obtain liability insurance, which covers harm done by the foster children to third parties, harm to the home, and any harm done to the child by the foster parents.

     

Do Not Make their Trauma Your Trauma: Coping with Burnout as a Family Law Attorney

In the field of family law, attorneys frequently expose themselves to highly emotional and traumatized clients. Litigation is by nature a high‐stress occupation, demanding a high level of intellectual and emotional engagement from the contesting lawyers. Adding the burden of inherently distressing content to litigation can impair a lawyer's functioning. The effects are often referred to as “secondary trauma.” This Note proposes that state bar associations should take a more active role in providing mental health support to prevent burnout in family law attorneys by (1) offering voluntary classes to educate attorneys about the dangers of, and ways to cope with, the burnout that comes with working with traumatized clients in family law and (2) organizing support groups among local family law communities.

Key Points for the Family Court Community:
• Claims against family law practitioners account for the third highest percentage of all malpractice claims against lawyers.
• Burnout is a serious problem for family law attorneys.
• Programs sponsored by state bar associations are available and need to be expanded.
• The American Bar Association's Model Rules require that a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client.
• The unique nature of family law, centered on relationships and emotions, puts family law attorneys at a higher risk for experiencing the effects of secondary trauma than other areas of law.
• Lawyers at risk for secondary trauma can avoid its effects by educating themselves about such effects.

     

交通肇事罪的主体要件新探

交通肇事罪的主体范围自从1997年刑法颁布后,已经从特殊主体扩大到一般主体,从业务过失犯罪转变为非业务过失犯罪。行人、乘客作为交通运输中的弱势人群,对交通运输的破坏力不强,但是在交通运输中同样负有注意义务。如果未能尽到相应的注意义务也可以构成交通肇事罪。单位不直接从事交通工具的驾驶,依照我国刑法的规定,若符合交通肇事罪的要件同样构成交通肇事罪。     

加味桂枝茯苓丸治疗子宫肌瘤40例

目的：观察加味桂枝茯苓丸对子宫肌瘤及外周血自然杀伤（natural killer,NK)，细胞活性的影响。方法：40例子宫肌瘤患连续服用加味桂枝茯苓丸6－9个月，并检测服药前后外周血NK细胞活性，结果：患临床症状明显改善；B超复查提示治愈6例，显效14例，有效7例，总有效率67．5％，外周血NK细胞活性提高。结论：加味桂枝茯苓丸的活血消症作用与盖气固摄，调节冲任的扶正功效，可能均为治疗子宫肌瘤取效的基础。     

钝力性心脏外伤实验性研究——隐囊流体压力冲击心前区

本文应用隐囊流体冲击心前区，成功地制造了钝力性心脏外伤，包括心脏震荡、心脏挫伤，心脏裂伤等原发性心脏外伤以及外伤性冠脉血管炎。心肌炎血栓形成，心肌缺血坏死（外伤性心肌梗死）等继发性或迟发性外伤性损伤，指出：心肌膜爆裂（ｍｅｍｂｒａｎｅｂｕｒｓｔ），相应纤维横向膨出畸型变可以作为心脏震荡性外伤的形态学指征：钝力作为原始致伤因素作用于心前区通过压，拉，旋转或剪切力引起心脏各部，包括刺激传导系统，心脏神经组织损伤；心脏挫裂伤等见于左右心壁室中隔，心内膜下并呈播散分布。     

219例损伤与疾病关系的尸检案例分析

目的探讨损伤与疾病关系案例的特点。方法对本教研室近20年的219例涉及损伤与疾病关系的尸检案例进行回顾性研究。结果①219例中,20~59岁青壮年占71.7%;伤后<24h死亡占48.9%。②损伤以拳、足等钝器伤为主,以擦伤和挫伤多见,主要位于头、胸部。③疾病以心血管疾病最多,CNS疾病次之。④损伤与疾病相关的案例占71.2%,最常见的是“疾病为主、损伤为辅”。结论损伤与疾病关系案例的死者多为男性青壮年,冠心病和病理性脑出血是两个主要的疾病;将损伤与疾病关系分为“单纯损伤致死、单纯疾病致死、损伤为主疾病为辅和疾病为主损伤为辅”四类简单而实用。     

修订版外显攻击行为量表用于精神疾病患者危险行为评估

目的 探讨修订版外显攻击行为量表(Modified Overt Aggression Scales,MOAS)对精神疾病患者危险行为评估的价值.方法 采用MOAS对隶属公安、卫生、民政系统的3家精神卫生机构(安康监管病区、华西心理卫生中心、德康救治病区)共490名精神疾病患者根据痛史资料进行评估. 结果 无危险行为31...     

“恶魔抽签”的赔偿与补偿——日本预防接种损害中的国家责任

对于合格疫苗导致的损害,有必要从公法上的国家责任的角度进行分析。预防接种行为本身的特殊性,是理解国家在此行为中所应承担的责任的前提因素。国家在预防接种行为中应承担多项注意义务,包括整体监管和具体实施两个方面。注意义务的违反可能导致国家赔偿责任;此外,即使国家不存在违反注意义务的情况,根据结果责任,个人也可以获得国家补偿。日本预防接种的国家责任体系对于我国具有借鉴意义。