scholarly journals Public Assistance, Drug Testing, and the Law: The Limits of Population-Based Legal Analysis

2014 ◽  
Vol 40 (1) ◽  
pp. 26-84 ◽  
Author(s):  
Candice T. Player
Keyword(s):  
Public Health ◽  
Drug Testing ◽  
Law And Economics ◽  
Public Assistance ◽  
Legal Reasoning ◽  
Population Based ◽  
Legal Issues ◽  
Legal Analysis ◽  
Legal Scholar ◽  
The Law

In Populations, Public Health and the Law, legal scholar Wendy Parmet urges courts to embrace population-based legal analysis, a public health inspired approach to legal reasoning. Parmet contends that population-based legal analysis offers a way to analyze legal issues—not unlike law and economics—as well as a set of values from which to critique contemporary legal discourse. Population-based analysis has been warmly embraced by the health law community as a bold new way of analyzing legal issues. Still, population-based analysis is not without its problems. At times, Parmet claims too much territory for the population perspective. Moreover, Parmet urges courts to recognize population health as an important norm in legal reasoning. What should we do when the insights of public health and conventional legal reasoning conflict? Still in its infancy, population-based analysis offers little in the way of answers to these questions. This Article applies population-based legal analysis to the constitutional problems that arise when states condition public assistance benefits on passing a drug test, thereby highlighting the strengths of the population perspective and exposing its weaknesses.

scholarly journals Liability for Negligently Performed Financial Services: An Economic Theory

1996 ◽  
Vol 26 (1) ◽  
pp. 71
Author(s):  
James D Palmer
Keyword(s):  
Economic Theory ◽  
Economic Efficiency ◽  
Financial Services ◽  
Law And Economics ◽  
Legal Reasoning ◽  
Financial Service ◽  
Economic Losses ◽  
Economic Approach ◽  
Legal Analysis ◽  
The Law

The law governing the recovery of negligently inflicted pure economic losses is complex and confusing. This article focuses on pure economic losses caused by negligently performed financial services, and considers whether a "law and economics" approach provides a superior framework for analysing the desirability of imposing negligence liability than that provided by traditional legal analysis. The article first discusses the law regarding negligently performed financial services and critiques the legal reasoning used to justify restricted liability. The author then introduces the law and economics approach to negligence liability. The special considerations which apply when a loss is purely economic and caused by a carelessly performed financial service are then analysed. Finally, a rule of discovery based on the economic analysis is presented, and its application is discussed with respect to some of the leading cases. The author concludes that the economic approach provides a powerful set of tools capable of explaining the major decisions in this area in terms of economic efficiency and wealth maximisation. It provides a clearer understanding of the factors that determine what the appropriate restrictions are, and is thus more convincing for determining liability than traditional legal analysis. 

Suicide in Depressed Patients: Medico-legal Issues

1993 ◽  
Vol 163 (S20) ◽  
pp. 29-32 ◽  
Author(s):  
R. J. Daly
Keyword(s):  
Law And Economics ◽  
Legal Issues ◽  
The Other ◽  
Depressed Patients ◽  
The Law

In psychiatry, the law, and economics, there are many areas of overlap where our knowledge and appreciation are growing and developing. Many doctors ‘understand the words but not the music’, and the same is true for the other professions involved. This is exemplified in relation to suicide.

The Law and Economics of Public Health

2007 ◽  
Vol 3 (5-6) ◽  
pp. 331-490
Author(s):  
Frank A. Sloan ◽  
Lindsey M. Chepke
Keyword(s):  
Public Health ◽  
Law And Economics ◽  
The Law

A Rightful Place for Public Health in American Law

2002 ◽  
Vol 30 (2) ◽  
pp. 302-304 ◽  
Author(s):  
Wendy E. Parmet ◽  
Anthony Robbins
Keyword(s):  
Public Health ◽  
Social Context ◽  
The Political ◽  
Legal Analysis ◽  
Oliver Wendell Holmes ◽  
The People ◽  
Human Endeavor ◽  
American Law ◽  
The Law ◽  
Political Spectrum

The practice of law has changed greatly since the days when judges based decisions on the maxim salus populi suprema lex, and Oliver Wendell Holmes disagreed, noting that “experience” has been the “life of the law.” In the intervening years, the profession has followed Holmes and the legal realists in recognizing that the law does not exist in a vacuum. It is a human endeavor, molded by experiences and filled with human consequences. Today, lawyers, jurists, and legal scholars everywhere on the political spectrum recognize the importance of social context, history, and a variety of non-legal disciplines, and non-legal insights to the intelligent practice of the law Unfortunately, in rejecting the old maxims, the legal profession also lost sight of the fundamental truth of salus populi suprema lex, Latin for “the health of the people is the highest law” - namely, it has lost sight of the truth that a population’s health is a critical part of law’s social context. One of the consequences of this is that the profession has failed to include public health - the study of the causes and prevention of disease, disability, and death in populations - among the non-legal disciplines regularly incorporated into legal analysis and routinely taught to all would-be lawyers. It is time to correct this oversight.

The American Board of Vascular Surgery and the Law: Fact and Fiction

Vascular ◽  
2004 ◽  
Vol 12 (2) ◽  
pp. 89-91
Author(s):  
O. William Brown
Keyword(s):  
Vascular Surgery ◽  
Medical Malpractice ◽  
Legal Issues ◽  
Legal Analysis ◽  
The Creation ◽  
The Law

The need for the establishment of an independent American Board of Vascular Surgery (ABVS) remains controversial. The controversy involves both medical and legal issues. These issues include medical malpractice, the attempt to create a “monopoly” by vascular surgeons, and the hospital credentialing of surgeons to perform vascular procedures. In this article, the legal impact of an independent ABVS on the filing of medical malpractice suits against vascular surgeons is explored. In addition, the legal criteria necessary to establish a monopoly, as well as criteria for hospital credentialing, are also reviewed. The results of this legal analysis are, first, that the establishment of an independent ABVS may well lead to a decrease in the number of frivolous lawsuits filed against vascular surgeons. Second, the establishment of an ABVS does not constitute the creation of a monopoly. Finally, hospital credentialing should not, and will not, be directly affected by the establishment of an independent ABVS.

scholarly journals The Grammar of Customary Law

2010 ◽  
Vol 54 (4) ◽  
pp. 579-626 ◽  
Author(s):  
Jeremy Webber
Keyword(s):  
Social Interaction ◽  
Law And Economics ◽  
Legal Reasoning ◽  
Legal Order ◽  
Customary Law ◽  
The Law

Abstract All law is customary. This article explores how we should conceive of the customary nature of law, proposing a framework for understanding how legal orders are related to their various societies. The article builds upon the pragmatist conception of law developed by Lon Fuller and Gerald Postema, but it goes well beyond their accounts, arguing that their predominantly functionalist approaches are inadequate. Although law does serve to coordinate social interaction, it does so through specific conceptual languages, through particular grammars of customary law. Law can only be understood if one takes those grammars seriously. The article pursues this argument by drawing comparisons between indigenous and non-indigenous legal orders, both to expand the comparative range and to explore what indigenous legal orders can reveal about law generally. It explores the limitations of functionalist accounts (including law and economics) in the law of persons and property, in presumptions about the foundational requirements of legal order, and in the presence of the sacred or mythic in law. The article concludes that attending to the various grammars of customary law allows one to engage, productively and with insight, in legal reasoning across the normative divide separating different legal cultures.

scholarly journals MENGGUGAH FONDASI KEILMUAN ILMU HUKUM DALAM PENGAKUAN PERKAWINAN HOMOSEKSUAL DI MASSACHUSETTS MELALUI EFISIENSI EKONOMI

2018 ◽  
Author(s):  
Fajar Sugianto ◽  
Budiarsih Budiarsih
Keyword(s):  
Economic Analysis ◽  
Human Behavior ◽  
Scientific Method ◽  
Law And Economics ◽  
Legal Issues ◽  
Economic Analysis Of Law ◽  
Different Dimensions ◽  
The Law

Law and economics are two independent sciences that compliment each other in analyzing forms of legal issues. The limitations of each independent sciences in fact have brought these two came even closer in resolving the issue of the legalization of homosexual marriages in Massachusetts. As a scientific method, Law and Economics, also known as the economic analysis of law, explores the law and jurisprudence in new ways through different dimensions. The use of economics broaden the field of law especially as a tool to create incentives to change human behavior in achieving its objectives based on its idealism of efficiency. The use of Law and Economics in this writing provided economic rationales that the legalization of homosexual marriages in Massachusetts are efficient therefore the law shall produce rules that lead to the most efficient change that the society desire the most.

scholarly journals CONFLICT-LEGAL ISSUES OF REGULATION OF DEPRIVATION OF LEGAL CAPACITY OF INDIVIDUALS AND THE IMPORTANCE OF THIS STATUS FOR OTHER BRANCHES OF LAW

2021 ◽  
Vol 6(72) (3) ◽  
pp. 98-104
Author(s):  
A.V. Rudenko ◽  
A.V. Chaika
Keyword(s):  
Russian Federation ◽  
Legal Issues ◽  
Private Law ◽  
Legal Capacity ◽  
Legal Analysis ◽  
Conflict Of Laws ◽  
Foreign Countries ◽  
International Private Law ◽  
The Russian Federation ◽  
The Law

The article reviews the peculiarities of legal capacity of natural persons in international private law relations and the conflict of laws issues concerning the conditions of deprivation of legal capacity on the territory of different countries. The basic collision bindings that enable to determine the law to be applied and the collisions related to the interpretation and application of the relevant rules. The main problems arising in this area, which may serve as grounds for bypassing the law or not applying the rules, are analysed. In the article there is a comparative legal analysis of international normative legal acts and national legal acts that regulate the relations connected with the recognition of legal capacity of a citizen on the territory of different states (Estonia, Germany, Hungary and others are given as an example), and also considered the order of deprivation of legal capacity of citizens in the Russian Federation and foreign countries, , identified gaps and proposed ways to solve the identified problems, which are based on the fundamental principles of international private legal relations, such as providing foreigners with certain special regimes related to the empowerment of them with rights and obligations similar to the rights and obligations of citizens of the Russian Federation. Actions directed at convergence of legislation are seen as the most reasonable and affordable way to solve the problem.

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