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Legal Consequences (legal + consequence)
Selected AbstractsHans Kelsen's Doctrine of ImputationRATIO JURIS, Issue 1 2001Stanley L. Paulson First, the author examines the traditional doctrine of imputation. A look at the traditional doctrine is useful for establishing a point of departure in comparing Kelsen's doctrines of central and peripheral imputation. Second, the author turns to central imputation. Here Kelsen's doctrine follows the traditional doctrine in attributing liability or responsibility to the subject. Kelsen's legal subject, however, has been depersonalized and thus requires radical qualification. Third, the author takes up peripheral imputation, which is the main focus of the paper. It is argued that with respect to the basic form of the law, exhibited by the linking of legal condition with legal consequence, peripheral imputation counts as an austere doctrine, shorn as it is of all references to legal personality or the legal subject. If Kelsen's reconstructed legal norms are empowerments, then the austere doctrine of peripheral imputation captures the rudiments of their form, exactly what would be expected if peripheral imputation does indeed serve as the category of legal cognition. Finally, the author develops the puzzle surrounding the legal "ought" in this context. Although Kelsen talks at one point as though the legal "ought" were the peculiarly legal category, the author submits that this is not the best reading of Kelsen's texts. [source] Environmental reporting by Indian corporationsCORPORATE SOCIAL RESPONSIBILITY AND ENVIRONMENTAL MANAGEMENT, Issue 1 2004A. Sahay Environmental management has entered boardrooms, factories and business premises with economic, social and legal consequences. Sound environmental management provides corporations with a competitive advantage in addition to fulfilling corporate social responsibility and adding value to the business. The command and control policy of governments, the world over, has not produced the desired result. Corporate environmental reporting is emerging as a tool for the same. Indian corporations, like their counterparts in developed countries, took hesitant steps towards environmental protection , most of them driven by legal compliance. A selected few companies, however, took to environmental protection, enhancement and reporting through overall business considerations. The study indicates that environmental reporting, barring a few cases, is unsystematic and non-comparable. Though good work is being done by some industrial sectors and some units in different sectors, the reports seem to be aimed more at publicity than providing environmental facts and figures. A good quality of environmental reporting, like good environmental performance, needs to be encouraged and rewarded. Copyright © 2004 John Wiley & Sons, Ltd and ERP Environment. [source] INTEGRATING CELERITY, IMPULSIVITY, AND EXTRALEGAL SANCTION THREATS INTO A MODEL OF GENERAL DETERRENCE: THEORY AND EVIDENCE,CRIMINOLOGY, Issue 4 2001DANIEL S. NAGIN We propose a model that integrates the extralegal consequences from conviction and impulsivity into the traditional deterrence framework. The model was tested with 252 college students, who completed a survey concerning drinking and driving. Key findings include the following: (1) Although variation in sanction certainty and severity predicted offending, variation in celerity did not; (2) the extralegal consequences from conviction appear to be at least as great a deterrent as the legal consequences; (3) the influence of sanction severity diminished with an individual's "present-orientation"; and (4) the certainty of punishment was far more robust a deterrent to offending than was the severity of punishment. [source] Nuclear Cardiology in the Evaluation of Acute Chest Pain in the Emergency DepartmentECHOCARDIOGRAPHY, Issue 6 2000Brian G. Abbott M.D. Only a minority of patients presenting to the emergency department (ED) with acute chest pain will eventually be diagnosed with an acute coronary syndrome. The majority will have an electrocardiogram that is normal or nondiagnostic for acute myocardial ischemia or infarction. Typically, these patients are admitted to exclude myocardial infarction despite a very low incidence of coronary artery disease. However, missed myocardial infarctions in patients who are inadvertently sent home from the ED have significant adverse outcomes and associated legal consequences. This leads to a liberal policy to admit patients with chest pain, presenting a substantial burden in terms of cost and resources. Many centers have developed chest pain centers, using a wide range of diagnostic modalities to deal with this dilemma. We discuss the methods currently available to exclude myocardial ischemia and infarction in the ED, focusing on the use of myocardial perfusion imaging as both an adjunct and an alternative to routine testing. We review the available literature centering on the ED evaluation of acute chest pain and then propose an algorithm for the practical use of nuclear cardiology in this setting. [source] Analysis of recent incidents of on-field violence in sport: legal decisions and additional considerations from psychologyAGGRESSIVE BEHAVIOR, Issue 1 2009John H. Kerr Abstract This article focuses on two recent incidents of serious on-field violence in sports and the legal consequences for those involved. The two incidents occurred in Dutch football (soccer) and became infamous owing to the nature of the violent incidents and widespread media coverage. The legal outcomes of these two incidents are described, and some of the difficulties that legal authorities face in considering assaults on the sports field are discussed. A new way of categorizing such violent incidents and the motivation behind them, based on an established psychological theory [reversal theory, Apter, 1982, 2001] is proposed. Taken along with the other points made in this article, being aware of when and how individuals cross the boundaries between play and anger, power or thrill violence may provide an additional perspective to making informed decisions about illegal violent acts on the sports field. Aggr. Behav. 35:41,48. 2009. © 2008 Wiley-Liss, Inc. [source] Legal considerations in cosmetic laser surgeryJOURNAL OF COSMETIC DERMATOLOGY, Issue 2 2006David J Goldberg MD Summary Cosmetic laser surgery is a continuously evolving field of medicine. According to the American Society for Dermatologic Surgery, over 100 million laser and light source cosmetic procedures were performed by its members. Procedures including hair removal, nonablative treatments, as well as removal of pigmented lesions, tattoos, and unwanted vascular lesions have revolutionized this field. With an increasing number of physicians and nonphysicians performing these procedures, and with the availability of increasingly powerful laser technologies, the potential for problems and their legal consequences continue to increase. This chapter will deal with the concept of negligence and the potential for a resultant medical malpractice that may arise in such a setting. An understanding of the basic principles of a cause of action in medical malpractice will likely protect a physician from losing such a case in a court of law. [source] GENOCIDAL MUTATION AND THE CHALLENGE OF DEFINITIONMETAPHILOSOPHY, Issue 4 2010HENRY C. THERIAULT Abstract: The optimum definition of the term "genocide" has been hotly contested almost since the term was coined. Definitional boundaries determine which acts are covered and excluded and thus to a great extent which cases will benefit from international attention, intervention, prosecution, and reparation. The extensive legal, political, and scholarly discussions prior to this article have typically (1) assumed "genocide" to be a fixed social object and attempted to define it as precisely as possible or (2) assumed the need for a fixed convention and sought to stipulate the range of events that should be denoted by the term. Even if its meaning is a matter of convention, however, "genocide" is not a fixed object but varies by context and evolves in methods and forms over time. In fact, as relevant laws, legal interpretations, and political commitments develop, so do would-be perpetrators modify what genocide is in order to avoid political and legal consequences. This article advances an approach to a definition of "genocide" that allows even legal definitions to keep pace with this evolutionary process. [source] An Algebraic Analysis of Normative SystemsRATIO JURIS, Issue 3 2000Lars Lindahl In the present paper we study how subsystems of a normative system can be combined, and the role of such combinations for the understanding of hypothetical legal consequences. A combination of two subsystems is often accomplished by a normative correlation or an intermediate concept. To obtain a detailed analysis of such phenomena we use an algebraic framework. Normative systems are represented as algebraic structures over sets of conditions. This representation makes it possible to study normative systems using an extension of the theory of Boolean algebras, called the theory of Boolean quasi-orderings. [source] Poorly performing physicians: Does the script concordance test detect bad clinical reasoning?,THE JOURNAL OF CONTINUING EDUCATION IN THE HEALTH PROFESSIONS, Issue 3 2010François Goulet MD Abstract Introduction Evaluation of poorly performing physicians is a worldwide concern for licensing bodies. The Collège des Médecins du Québec currently assesses the clinical competence of physicians previously identified with potential clinical competence difficulties through a day-long procedure called the Structured Oral Interview (SOI). Two peer physicians produce a qualitative report. In view of remediation activities and the potential for legal consequences, more information on the clinical reasoning process (CRP) and quantitative data on the quality of that process is needed. This study examines the Script Concordance Test (SCT), a tool that provides a standardized and objective measure of a specific dimension of CRP, clinical data interpretation (CDI), to determine whether it could be useful in that endeavor. Methods Over a 2-year period, 20 family physicians took, in addition to the SOI, a 1-hour paper-and-pencil SCT. Three evaluators, blind as to the purpose of the experiment, retrospectively reviewed SOI reports and were asked to estimate clinical reasoning quality. Subjects were classified into 2 groups (below and above median of the score distribution) for the 2 assessment methods. Agreement between classifications is estimated with the use of the Kappa coefficient. Results Intraclass correlation for SOI was 0.89. Cronbach alpha coefficient for the SCT was 0.90. Agreement between methods was found for 13 participants (Kappa: 0.30, P = 0.18), but 7 out of 20 participants were classified differently in both methods. All participants but 1 had SCT scores below 2 SD of panel mean, thus indicating serious deficiencies in CDI. Discussion The finding that the majority of the referred group did so poorly on CDI tasks has great interest for assessment as well as for remediation. In remediation of prescribing skills, adding SCT to SOI is useful for assessment of cognitive reasoning in poorly performing physicians. The structured oral interview should be improved with more precise reporting by those who assess the clinical reasoning process of examinees, and caution is recommended in interpreting SCT scores; they reflect only a part of the reasoning process. [source] The Hippocratic Bargain and Health Information TechnologyTHE JOURNAL OF LAW, MEDICINE & ETHICS, Issue 1 2010Mark A. Rothstein The shift to longitudinal, comprehensive electronic health records (EHRs) means that any health care provider (e.g., dentist, pharmacist, physical therapist) or third-party user of the EHR (e.g., employer, life insurer) will be able to access much health information of questionable clinical utility and possibly of great sensitivity. Genetic test results, reproductive health, mental health, substance abuse, and domestic violence are examples of sensitive information that many patients would not want routinely available. The likely policy response is to give patients the ability to segment information in their EHRs and to sequester certain types of sensitive information, thereby limiting routine access to the totality of a patient's health record. This article explores the likely effect on the physician-patient relationship of patient-directed sequestration of sensitive health information, including the ethical and legal consequences. [source] Factors affecting clinical referral of young children with a subdural haemorrhage to child protection agenciesCHILD ABUSE REVIEW, Issue 6 2003Tom Sanders Abstract The research on which this paper is based aimed to identify the social and legal consequences when young children sustain a suspected non-accidental subdural haemorrhage; and to examine the clinical and social factors that impact on clinical referral decisions. Data were collected from medical, social services, police and court ,les for information on the management of children with these injuries by various agencies in the South West of England and South Wales. Data were collected on the case management of young children from time of presentation to hospital through to referral to police and social services. The paper shows that children who are most at risk of shaking injuries are likely to be very young babies between 3 and 5 months of age. They are most likely to come from deprived households where parental stability is weak and where social support for the carers is limited. Referral of children by paediatricians to child protection agencies is not always carried out in cases where coexisting signs indicate a strong reason for referral. It is recommended that paediatricians and other clinicians involved in the care of young children should embark on a multidisciplinary process of assessment and training in the identi,cation of non-accidental head injury in very young children and babies, to reduce their risk of future harm. Copyright © 2003 John Wiley & Sons, Ltd. [source] | ||||||||||||||||