The Legal Framework

2020 ◽  
pp. 3-54
Author(s):  
David M. Corey ◽  
Mark Zelig
Keyword(s):  
United States ◽  
Case Law ◽  
The United States ◽  
Legal Framework ◽  
Federal Mandates ◽  
Legal Requirements ◽  
Psychological Practice ◽  
Federal Laws ◽  
Assessment Procedures ◽  
Laws And Regulations

This chapter contains an overview of the legal framework, doctrines, and statutes that have a controlling influence on how police suitability and fitness evaluations are conducted in the United States. In a discussion that is rich in easily understood case law and engaging and practical detail, the authors orient the reader to the major federal laws and regulations governing these evaluations and to how the evaluations’ quality and defensibility can be optimized by compliance with the legal requirements. Emphasizing that psychological practice in the employment context is highly regulated by both federal mandates and local rules, the authors provide several examples of assessment procedures that are well accepted when providing healthcare but are illegal when deployed in the employment arena.

Secondary Copyright Infringement Liability and User-Generated Content in the United States

2020 ◽  
pp. 348-368
Author(s):  
Jack Lerner
Keyword(s):  
United States ◽  
Service Providers ◽  
Case Law ◽  
The United States ◽  
Copyright Infringement ◽  
Legal Framework ◽  
User Generated Content ◽  
Legislative Proposals ◽  
Red Flag ◽  
Online Service Providers

In the United States, the question of whether and when online service providers can be held liable for copyright infringement committed by their users has been one of the most heavily litigated controversies of the digital age. This chapter answers these questions by reviewing the common law doctrine of secondary copyright infringement and all relevant case law behind it. It focuses on the interpretation of the Digital Millennium Copyright Act’s (DMCA’s) safe harbours before US courts, with special emphasis on the notion of actual and ‘red flag’ knowledge, wilful blindness, right and ability to control users’ behaviour, and inducement. This chapter focuses in particular on user-generated content (UGC) platforms by looking into the effects of the DMCA on the UGC market and the technological measures implemented to curb infringement on UGC platforms. The chapter also provides a review of legislative proposals to amend the legal framework that the DMCA implemented more than two decades ago and runs a comparative analysis with other similar international legislative frameworks.

Legal Control of Drugs and Generic Drugs

1980 ◽  
Vol 1 (6) ◽  
pp. 3-4
Author(s):  
George J. Annas ◽  
Leonard H. Glantz ◽  
Barbara Katz
Keyword(s):  
United States ◽  
Generic Drugs ◽  
State Level ◽  
The United States ◽  
Controlled Substances ◽  
Public Consumption ◽  
United States Food ◽  
States Food ◽  
Federal Laws ◽  
Laws And Regulations

The regulation of the use and distribution of drugs in the United States is governed by a complex set of state and federal laws and regulations. These laws and regulations are designed to accomplish a variety of purposes. First, the federal government hopes to exclude from interstate commerce drugs that are not both “safe and effective.” This function is performed by the United States Food and Drug Administration, exercising its authority under the Food Drug and Cosmetic Act and involves, for the most part, regulating the manufacturers of drugs. Second, both state and federal laws and regulations exist to keep “controlled substances” out of the hands of individuals who would use (or abuse) such substances for recreational as opposed to therapeutic purposes. The regulation of the use of such substances is primarily accomplished by the federal Controlled Substances Act (CSA) and similar laws that exist at the state level. Third, some drugs, because of their toxicity or habit-forming qualities, are prohibited from public consumption without the guidance of a health care professional. Unlike over-the-counter drugs which may be purchased by anyone, these drugs may only be purchased by a consumer who presents a valid prescription to a pharmacist.

VESSEL LIABILITY AND FINANCIAL RESPONSIBILITY IN THE U.S. COASTAL STATES

1995 ◽  
Vol 1995 (1) ◽  
pp. 255-260
Author(s):  
Amy M. Stolls
Keyword(s):  
United States ◽  
Environmental Protection ◽  
Oil Pollution ◽  
The United States ◽  
Financial Responsibility ◽  
Coastal State ◽  
Doing Business ◽  
Federal Laws ◽  
The U.S ◽  
Laws And Regulations

ABSTRACT Vessel owners and operators doing business in the United States know by now that simply complying with federal laws and regulations is not enough. Though some states have enacted legislation similar to the federal Oil Pollution Act of 1990, others have their own approach to environmental protection. This paper reviews the patchwork of U.S. coastal state requirements with regard to vessel liability and financial responsibility.

Thinking About Scots Law

1996 ◽  
Vol 1 (1) ◽  
pp. 3-24 ◽  
Author(s):  
Alan Rodger
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
British Empire ◽  
United States Of America ◽  
Case Law ◽  
The United States ◽  
Memorial Lecture ◽  
University Of Edinburgh ◽  
The University

This article is the revised text of the first W A Wilson Memorial Lecture, given in the Playfair Library, Old College, in the University of Edinburgh, on 17 May 1995. It considers various visions of Scots law as a whole, arguing that it is now a system based as much upon case law and precedent as upon principle, and that its departure from the Civilian tradition in the nineteenth century was part of a general European trend. An additional factor shaping the attitudes of Scots lawyers from the later nineteenth century on was a tendency to see themselves as part of a larger Englishspeaking family of lawyers within the British Empire and the United States of America.

Explosions

2018 ◽  
Author(s):  
E. Douglas Bomberger
Keyword(s):  
United States ◽  
New York ◽  
Puerto Rico ◽  
The United States ◽  
Woodrow Wilson ◽  
One Step ◽  
Do So ◽  
Laws And Regulations

On 2 April 1917, President Woodrow Wilson urged Congress to enter the European war, and Congress voted to do so on Friday, 6 April. On the 15th of that month, Victor released the Original Dixieland Jazz Band’s record of “Livery Stable Blues” and “Dixieland Jass Band One-Step”; it caused an immediate nationwide sensation. James Reese Europe travelled to Puerto Rico in search of woodwind players for the Fifteenth New York Regiment Band, and the Creole Band ended its vaudeville career when it missed the train to Portland, Maine. German musicians in the United States came under increased scrutiny in the weeks after the declaration of war, as the country prepared to adopt new laws and regulations for wartime.

Patient Autonomy, Capacity, and Consent

2020 ◽  
Author(s):  
Mary Donnelly ◽  
Jessica Berg
Keyword(s):  
United States ◽  
National Level ◽  
The United States ◽  
Legal Framework ◽  
National Standard ◽  
Legal Principles ◽  
Key Issues ◽  
Human Rights Norms ◽  
Law And Legislation

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.

The Organization of Ethics and the Ethics of Organizations: The Case for Expanded Organizational Ethics Audits

1993 ◽  
Vol 3 (1) ◽  
pp. 27-44 ◽  
Author(s):  
Michael Metzger ◽  
Dan R. Dalton ◽  
John W. Hill
Keyword(s):  
United States ◽  
Unethical Behavior ◽  
Substantial Reduction ◽  
Organizational Ethics ◽  
Organizational Factors ◽  
The United States ◽  
Corporate Ethics ◽  
Corporate Ethics Programs ◽  
Effective Program ◽  
Federal Laws

The United States Sentencing Commission’s guidelines for the sentencing of organizations found guilty of violating federal laws recently became effective. Dramatically increased penalties are possible under these gudelines, but so too is a substantial reduction in the penalties imposed on organizations that have an effective program in place to prevent and detect violations. This provides corporations with a tremendous new incentive in inaugurate organizational ethics audits both to avoid violations in the first instance and to reduce the penalty imposed in the event that a violation occurs. We argue, however, that there have always been very good reasons for organizations to conduct such audits, which emphasize the identification of the organizational factors that create incentives for unethical behavior. Corporate ethics programs initiated without reference to such factors cannot reasonably be expected to be effective in improving a company’s internal ethical environment.

Preconditions for a general-purpose central bank digital currency

FEDS Notes ◽  
2021 ◽  
Vol 2021 (2839) ◽  
Author(s):  
Jess Cheng ◽  
◽  
Angela N Lawson ◽  
Paul Wong ◽  
◽  
...  
Keyword(s):  
United States ◽  
Central Bank ◽  
The United States ◽  
Legal Framework ◽  
General Purpose ◽  
The Public ◽  
Digital Currency ◽  
Stakeholder Support ◽  
Policy Objectives ◽  
New Form

Over the last few years, interest in the potential issuance of a general-purpose central bank digital currency (CBDC) has increased. Introducing and operating a CBDC would require actions by many stakeholders and not just the central bank. In view of the far-reaching implications of introducing a new form of money to the public, the decision cannot be taken lightly. This paper outlines foundational preconditions and proposes areas of work that may help achieve them prior to the possible implementation of a potential future general-purpose CBDC in the United States. These foundational preconditions include clear policy objectives, broad stakeholder support, a strong legal framework, robust technology, and readiness for market acceptance and adoption.

Sign in / Sign up

Export Citation Format

Share Document