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Legal Position (legal + position)

Distribution by Scientific Domains
Law and Criminology42%
Medical Sciences28%

Selected Abstracts

Stepparenting After Divorce: Stepparents' Legal Position Regarding Custody, Access, and Support,

FAMILY RELATIONS, Issue 4 2002
Jason D. Hans
Both the research and the clinical literature indicate that over time stepparents and stepchildren may develop emotional attachments similar to their biological counterparts. Nevertheless, stepparents are legal strangers to stepchildren,the relationship is not protected by law during marriage or following marital dissolution. There are some legal avenues by which stepparents may obtain parenting rights or be required to provide financial support for a stepchild following divorce. The legal process encountered by stepparents regarding custody, access, and child support are elucidated here, in addition to a discussion of policy recommendations and practical implications. [source]

The Regulation of Telecommunications in the Czech Republic

EUROPEAN LAW JOURNAL, Issue 3 2003
Andrew Skudder
The rapid development of the telecommunications sector was to act as a catalyst for the general improvement of the entire national economy, whilst at the same time helping the country to meet its policy goal of creating the conditions precedent to its successful integration into the European Union. The purpose of this article is to trace the progress of the Czech telecommunications market to date and to assess the regulatory framework adopted by the Czech government in light of its stated policy goals. After giving a brief history of the development of the market and the corresponding development of a regulatory régime this article shall turn to examine the current legal position after the adoption of the recent Law on which came into force on 1 July 2000. As well as suggesting necessary modifications and amendments due to certain flaws or omissions in the Act, modifications arising from the adoption by the EU of its new regulatory framework for communications shall also be suggested. [source]

Whose life is it anyway?

INTERNATIONAL JOURNAL OF MENTAL HEALTH NURSING, Issue 4 2008
An exploration of five contemporary ethical issues that pertain to the psychiatric nursing care of the person who is suicidal: Part one
ABSTRACT:, It is self-evident that ethical issues are important topics for consideration for those involved in the care of the person who is suicidal. Nevertheless, despite the obvious relationship between Mental Health nurses and care of the person who is suicidal, such nurses have hitherto been mostly silent on these matters. As a result, this two-part paper focuses on a number of contemporary issues which might help inform the ethical discourse and resultant Mental Health nursing care of the person who is suicidal. Part one of this paper focuses on the issues: Whose life is it anyway? Harming of our bodies and the inconsistency in ethical responses and, Is suicide ever a reasonable thing to do? The authors find that this contemporary view within the suicidology academe and the corresponding legal position in most western (developed) countries is that the individual owns his/her own body. Yet given that contemporary mental healthcare policy and associated practice positions do not reflect view, this can easily lead to the scenario where a Mental Health nurse is faced with a major ethical dilemma, and the corresponding probability of moral distress. The authors also find that it is inaccurate to posit a simple positive correlation between the potential seriousness and/or extent of bodily harm and the degree of paternalistic removal of an individual's rights to personal body ownership. Lastly, the authors find that the relevant theoretical and ethical literature in this area suggests, at least for some and under certain conditions, suicide can be the right thing to do. [source]

Charity law reform: implementing the Strategy Unit proposals

INTERNATIONAL JOURNAL OF NONPROFIT & VOLUNTARY SECTOR MARKETING, Issue 3 2004
Belinda Pratten
This paper discusses the recommendations arising from the Strategy Unit review of charities and the wider voluntary sector in England and Wales and the government's response to these. The proposed reforms will involve an updating of charity law; changes to the regulatory framework governing the sector; and a greater emphasis on improving the accountability, transparency and performance of charities and voluntary organisations. In the main these proposals have been welcomed by the sector. In particular there is a clear recognition of the need to modernise the legal position of charities to reflect changes in society and changing public perceptions of what is, or should be, charitable. Copyright © 2004 Henry Stewart Publications [source]

Students, mental health and citizenship

LEGAL STUDIES, Issue 3 2004
Neville Harris
This paper examines the developing and complex legal relationship between universities and students, or would-be students, who have mental health problems. Discussion takes account of the wider social and policy contexts, including the extent of mental ill-health among the student population, the market for higher education, and government policies towards universities. It contends that the legal position of students with mental health problems demonstrates that there is a need for the relationship between students and universities to be conceptualised with reference to the citizenship ideal rather than the consumer paradigm with which it has tended to become associated in public policy terms. [source]

Is there a need for autopsies in the management of fungal disease?

MYCOSES, Issue 4 2008
Manfred Knoke
Summary The autopsy rates in Germany became low like in other European, American and Asian countries. Main reasons for this development are the lack of acceptance of autopsy in the society as well as in the medical profession, the introduction of a requirement for consent, unclear legal position, the public health system, pressure of costs and a change in the field of activity in pathology with much more diagnostics of surgical and biopsy material. The autopsy is missing with respect to the reliability of causes of death and morbidity statistics and other epidemiological studies. Published data indicate that up to 20,30% of patients who die in hospitals have important diseases/lesions that remain undetected before death but that are found at autopsy. For infectious diseases, the data are similar. Therefore, a higher incidence of invasive fungal infections was found. Some rare fungal disorders are diagnosed by autopsy. Only exact death statistics makes specific health care possible and is cost saving in a public health system in the long term. Autopsy remains an important tool for quality control in medical diagnostic and therapeutic activity. It is also essential for fundamental medical education and further training. [source]

Radbruch and Hart on the Grudge Informer: A Reconsideration

RATIO JURIS, Issue 2 2002
Thomas Mertens
Hart's defense of the separation of law and morality is partly based on his refusal to accept Radbruch's solution of the well-known grudge informer case, in his famous article "Statutory Injustice and Suprastatutory Law." In this paper, I present a detailed reconstruction of the "debate" between Radbruch and Hart on this case. I reach the conclusion that Hart fails to address the issue that was Radbruch's primary concern, namely the legal position of the judiciary when dealing with criminal statutes. I suggest that Hart's separation thesis cannot be upheld in the face of this concern. In my argument, Hart's mistaken understanding of the verdict of the Oberlandesgericht Bamberg that he refers to plays a crucial role. [source]