International Legal Perspectives on Threat Assessment

2021 ◽  
pp. 345-359
Author(s):  
Kris Mohandie ◽  
Jens Hoffmann
Keyword(s):  
United States ◽  
Threat Assessment ◽  
The United States ◽  
Legal Issues ◽  
Violence Risk ◽  
Red Flag ◽  
Threat Management ◽  
Evolving Context ◽  
Risk Protection ◽  
Legislative Changes

Threat assessment and threat management occur within the evolving context of legal issues that both enhance and restrict threat investigation and intervention activities. Legal issues affecting threat management practice in Europe and the United States include criminal code statutes and case law that define relevant crimes such as stalking, criminal threats, domestic violence, and other violent crimes that fall within the purview of threat assessors. Additional issues include civil commitment procedures such as involuntary hospitalization, as well as bail and probation conditions. New developments in threat management–related laws are usually precipitated by tragedy and violence. Most recently, in the United States, this led to red flag laws and Extreme Risk Protection Orders in the aftermath of the Parkland, Florida, school shooting in 2018. Similarly, in Germany, the suicide of a stalking victim has resulted in greater sensitivity by the legal system to victim impact in stalking cases. Red flag law preliminary research data related to threat reduction have been promising, and ideally the impact of legislative changes in multiple threat management contexts on victim safety should continue to be assessed so that evidence informs violence risk legal responses.

Sperm and Egg Donor Anonymity

2016 ◽  
Author(s):  
I. Glenn Cohen
Keyword(s):  
United States ◽  
The United States ◽  
Legal Issues ◽  
Gamete Donation ◽  
Sperm Donor ◽  
Egg Donor ◽  
Gamete Donor ◽  
The World ◽  
Ethical And Legal Issues ◽  
Reproductive Tourism

Gamete donor anonymity has become an increasingly active area of legislative, bioethical, and empirical interest over the last decade or so. This chapter begins by detailing the very different status of gamete donor anonymity, contrasting the United States (where the law does not prohibit it) with the rest of the world (where it has been largely prohibited by law) and examining the effects of these policies. The chapter then examines the major arguments that have been offered in favor of and against mandating nonanonymous gamete donation. In particular, it focuses on the effects of removing anonymity on supply and arguments in favor of ending sperm donor anonymity based on the welfare of donor-conceived children or rights claims by them. The chapter also more briefly considers ethical and legal issues related to donor compensation, accidental incest, information reciprocity between donors and recipients, and reproductive tourism.

scholarly journals Riding Circuit: Bringing the Law to Those Who Need It

2017 ◽  
Author(s):  
Susan Drisko Zago
Keyword(s):  
United States ◽  
Social Workers ◽  
Early Treatment ◽  
The United States ◽  
Working Poor ◽  
Legal Issues ◽  
Access To Justice ◽  
Court System ◽  
The Everyday ◽  
Societal Problems

This article surveys the Access to Justice movement in the United States and proposes including more types of professionals to develop longer term solutions that will alleviate barriers to the court system. This article discusses the need to expand the access to justice concept to reach beyond the courthouse to address civil legal issues before they blossom into litigation. Mobile outreach providing preventive lawyering and early treatment of societal problems can prevent delays and the bottleneck that many courts are seeing with the vast numbers of Self-Represented Litigants. A team of professionals including lawyers, social workers, nurses, counselors, translators and law librarians, working with a network of public librarians, can make a significant impact into the everyday lives of the working poor and folk of modest means in underserved areas.

Credit Risk Measurement, Leverage Ratios, and Basel III

2017 ◽  
pp. 86-116
Keyword(s):  
United States ◽  
The United States ◽  
Basel Iii ◽  
Holding Companies ◽  
Leverage Ratio ◽  
Basel Committee ◽  
Legislative Changes ◽  
Credit Risk Measurement ◽  
The Impact ◽  
The U.S

The Basel III Leverage Ratio, as originally agreed upon in December 2010, has recently undergone revisions and updates – both in relation to those proposed by the Basel Committee on Banking Supervision – as well as proposals introduced in the United States. Whilst recent proposals have been introduced by the Basel Committee to improve, particularly, the denominator component of the Leverage Ratio, new requirements have been introduced in the U.S to upgrade and increase these ratios, and it is those updates which relate to the Basel III Supplementary Leverage Ratio that have primarily generated a lot of interests. This is attributed not only to concerns that many subsidiaries of US Bank Holding Companies (BHCs) will find it cumbersome to meet such requirements, but also to potential or possible increases in regulatory capital arbitrage: a phenomenon which plagued the era of the original 1988 Basel Capital Accord and which also partially provided impetus for the introduction of Basel II. This paper is aimed at providing an analysis of the recent updates which have taken place in respect of the Basel III Leverage Ratio and the Basel III Supplementary Leverage Ratio – both in respect of recent amendments introduced by the Basel Committee and proposals introduced in the United States. As well as highlighting and addressing gaps which exist in the literature relating to liquidity risks, corporate governance and information asymmetries, by way of reference to pre-dominant based dispersed ownership systems and structures, as well as concentrated ownership systems and structures, this paper will also consider the consequences – as well as the impact - which the U.S Leverage ratios could have on Basel III. There are ongoing debates in relation to revision by the Basel Committee, as well as the most recent U.S proposals to update Basel III Leverage ratios and whilst these revisions have been welcomed to a large extent, in view of the need to address Tier One capital requirements and exposure criteria, there is every likelihood, indication, as well as tendency that many global systemically important banks (GSIBS), and particularly their subsidiaries, will resort to capital arbitrage. What is likely to be the impact of the recent proposals in the U.S.? The recent U.S proposals are certainly very encouraging and should also serve as impetus for other jurisdictions to adopt a pro-active approach – particularly where existing ratios or standards appear to be inadequate. This paper also adopts the approach of evaluating the causes and consequences of the most recent updates by the Basel Committee, as well as those revisions which have taken place in the U.S, by attempting to balance the merits of the respective legislative updates and proposals. The value of adopting leverage ratios as a supplementary regulatory tool will also be illustrated by way of reference to the impact of the recent legislative changes on risk taking activities, as well as the need to also supplement capital adequacy requirements with the Basel Leverage ratios and the Basel liquidity standards.

Substituting a Judgment of Best Interests: Dignity and the Application of Objective Principles to PVS Cases in the U.K.

2005 ◽  
Vol 12 (4) ◽  
pp. 335-345 ◽  
Author(s):  
Geoffrey Pradella
Keyword(s):  
United States ◽  
The United States ◽  
Legal Issues ◽  
Best Interests ◽  
Substituted Judgment ◽  
Abortion Debate ◽  
The United Kingdom ◽  
National Legislatures

AbstractThe mêlée that surrounded the last days of Terri Schiavo's life was reminiscent of a classical Greek tragedy. Much like Antigone, Ms. Schiavo became enmeshed in irresistible and opposite forces, resolved to use her situation as an arena for the determination of political and legal issues as diverse as the exercise of states' rights, the extent of individual rights, the role of the judiciary, the re-opening of the abortion debate, and the regulation of stem cell research. As Europeans watched the drama unfold, the forces at play in the United States clashed head-on, in a rhetorically inflammatory spectacle which, on this side of the Atlantic, left many aghast. Most unsettling was the prospect of individuals wielding the power of state and national legislatures in what was, ultimately, an intensely personal affair.In the United Kingdom, the struggle was a stark reminder of the differences, not only between British and American political culture, but between our approaches to legal issues which present themselves at the end of life. The existence of well-established procedures and principles, and the extensive involvement of neutral third parties and the courts in pursuit of an objective determination of an individual patient's 'best interests', are key to the conclusion that Terri Schiavo's case would have been handled at least as effectively and efficiently as it was by the courts in Florida and the United States. That issues of consent and capacity can be determined by British courts on the basis of generally applicable principles leads to the subsequent conclusion that a 'best interests' determination leaves significantly less scope for conflict than the individualistic, much more personal and determinative construct of the 'substituted judgment' test in the United States.

Treaty or Travesty?: Legal Issues Surrounding the U.S.- Philippines Military Base Agreement of 1947–1992

2001 ◽  
Vol 10 (1-2) ◽  
pp. 93-121
Author(s):  
L. Eve Armentrout Ma
Keyword(s):  
United States ◽  
World War Ii ◽  
The United States ◽  
Legal Issues ◽  
Military Bases ◽  
Common Elements ◽  
World War ◽  
Long Period ◽  
Host Nation ◽  
Do So

AbstractSince the end of World War II, the United States has been foremost in negotiating military bases on foreign soil, and it can be anticipated that it will do so again in the future. In general, these base agreements have had many common elements. Most have allowed the stationing of American troops on foreign soil for a very long period of time, and have involved a certain measure of extraterritoriality. Most have been concluded under conditions of stress for the host country. Often, for example, the host nation has been one that was devastated by war, and was either the recently defeated enemy or the near-prostrate victor. In many cases the host nation was relatively small, economically shaky, and newly independent, fearful of its chances of survival in an unpredictable and often hostile world; and more often than not, the former ruler or territorial administrator was the United States.

Comparative Law in a Civil Society

1996 ◽  
Vol 24 (3) ◽  
pp. 263-269
Author(s):  
Kersi B. Shroff
Keyword(s):  
United States ◽  
Civil Society ◽  
Comparative Law ◽  
The United States ◽  
Legal Issues ◽  
United States Congress ◽  
Legal Systems ◽  
Library Of Congress ◽  
Main Research ◽  
Law Library

The main research responsibility of the Law Library of Congress is to serve as the research arm of the United States Congress for the study of the legal systems of other countries. The studies, reports, and briefings its specialists prepare provide a worldwide perspective to the Congress on particular legal issues. This type of work can generally be described as comparative law research.

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