The Role of the Psychological Parent in the Dissolution of the Homosexual Relationship

2009 ◽  
Vol 10 (3) ◽  
pp. 133-148 ◽  
Author(s):  
Caroline L. Kinsey
Keyword(s):  
Best Interests ◽  
State Courts ◽  
State Court ◽  
Court Decisions ◽  
Best Interest ◽  
Biological Parent ◽  
Homosexual Relationship ◽  
Definition Of

This note analyzes the definition of the “psychological parent” in its application to the dissolved homosexual relationship. In urging state courts to render custodial decisions not solely on the basis of the parent's biological ties to the child, but also on the presence of a psychological relationship between the non-biological parent and the child in question, this note reviews conflicting state court decisions that discussed the doctrine of the “psychological parent” and determined whether a non-biological parent was fit to receive custody of his or her child once dissolution of the couple's relationship had occurred. United States state courts frequently rely upon the “best interests of the childl” standard when making custodial decisions. It is this author's position that the application of the “psychological parent” doctrine is what is in the “best interest of the child” when awarding custody to non-legal parents, and as such should be at the forefront of state court decisions before a determination of child custody is made.

Institutions, Models of Capitalism and Inequality in Income Distribution: An Empirical Investigation

2017 ◽  
Vol 17 (3) ◽  
pp. 651-685 ◽  
Author(s):  
Gilberto Antonelli ◽  
Pinuccia P Calia ◽  
Giovanni Guidetti
Keyword(s):  
Income Inequality ◽  
Income Distribution ◽  
Empirical Investigation ◽  
Econometric Evidence ◽  
Definition Of ◽  
The Empirical Analysis ◽  
Statistical Indicators ◽  
Different Levels

Abstract The article analyses the role of institutions in the determination of income inequality in a sample of OECD countries. Basing on the seminal approach by Amable, the article discusses the theoretical definition of model of capitalism. The basic idea is that each model of capitalism is defined by the cobweb of complementary relationships established among different institutions. Using a set of statistical indicators of the operation of institutions in two different years, 1995 and 2010, the empirical analysis points out five models of capitalism and exhibits how their composition has changed in this lapse of 15 years. In the following sections of the article, we investigate the role played by the model of capitalism in the determination of income distribution, measured through a standard Gini index. After controlling for a set of variables, the econometric evidence shows that different models of capitalism present significantly different levels of income inequality.

Brain Death

2017 ◽  
Author(s):  
Anupamaa Seshadri ◽  
Ali Salim
Keyword(s):  
Brain Death ◽  
Apnea Test ◽  
Brainstem Reflex ◽  
Practice Parameters ◽  
Confirmatory Tests ◽  
History Of ◽  
Pediatric Populations ◽  
Definition Of

The concept of “brain death” is one that has been controversial over time, requiring the development of clear guidelines to diagnose and give prognoses for patients after devastating neurologic injury. This review discusses the history of the definition of brain death, as well as the most recent guidelines and practice parameters on the determination of brain death in both the adult and pediatric populations. We provide specific and detailed instructions on the various clinical tests required, including the brain death neurologic examination and the apnea test, and discuss pitfalls in the diagnosis of brain death. This review also considers the most recent literature and guidelines as to the role of confirmatory tests making this diagnosis.  Key Words: apnea test, brain death, brainstem reflex, death examination

Clinician Activism and Ethical Restraints in Providing Treatment: Preventive as Opposed to Reconstructive Approaches

1992 ◽  
Vol 29 (6) ◽  
pp. 571-574
Author(s):  
Howard M. Saal
Keyword(s):  
Health Professionals ◽  
Birth Defect ◽  
Treatment Decisions ◽  
Best Interests ◽  
Guidance And Counseling ◽  
Best Interest

There is seldom controversy when faced with treatment decisions for a child born with a birth defect. Occasionally, the situation arises in which a decision to withhold treatment must be made. Under most circumstances the responsibility for making such decisions rests with the child's parents or guardians, since it is generally felt that these individuals are the best advocates for the child's best interests. In order to make such difficult decisions, the parents are dependent upon the guidance and counseling of health professionals, especially the physicians most closely involved in each case. The ultimate decisions made by parents are dependent upon open and unambiguous communication with their children's clinicians as well as open communications among the caregivers themselves. The role of the clinician as an advocate for treatment and nontreatment of children is dependent upon clear unbiased communication and the desire to do what is in the best interest for each patient.

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.

scholarly journals The Role of DNA Degradation in the Estimation of Post-Mortem Interval: A Systematic Review of the Current Literature

2020 ◽  
Vol 21 (10) ◽  
pp. 3540 ◽  
Author(s):  
Pamela Tozzo ◽  
Salvatore Scrivano ◽  
Matteo Sanavio ◽  
Luciana Caenazzo
Keyword(s):  
Analytical Techniques ◽  
Dna Degradation ◽  
Post Mortem ◽  
Post Mortem Interval ◽  
Target Organs ◽  
The One ◽  
Definition Of ◽  
Meta Analyses

The determination of the post-mortal interval (PMI) is an extremely discussed topic in the literature and of deep forensic interest, for which various types of methods have been proposed. The aim of the manuscript is to provide a review of the studies on the post-mortem DNA degradation used for estimating PMI. This review has been performed following the Preferred Reporting Items for Systematic Reviews and Meta-Analyses and the PRISMA Guidelines. Several analytical techniques have been proposed to analyse the post-mortem DNA degradation in order to use it to estimate the PMI. Studies focused mainly on animal models and on particular tissues. The results have been mixed: while on the one hand literature data in this field have confirmed that in the post-mortem several degradation processes involve nucleic acids, on the other hand some fundamental aspects are still little explored: the influence of ante and post-mortem factors on DNA degradation, the feasibility and applicability of a multiparametric mathematical model that takes into account DNA degradation and the definition of one or more target organs in order to standardize the results on human cases under standard conditions.

China, the Crime of Aggression, and the International Criminal Court

2014 ◽  
Vol 5 (1) ◽  
pp. 94-122 ◽  
Author(s):  
Dan ZHU
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Policy Preference ◽  
State Party ◽  
Legal Perspective ◽  
To Come ◽  
Definition Of

At the Kampala Review Conference in 2010, the adoption of the amendments to the Rome Statute laid the groundwork for the eventual prosecution of the crime of aggression. China, a non-State Party to the International Criminal Court, has articulated its concerns regarding the Court's jurisdiction over the crime of aggression in legal terms. This paper examines the Chinese concerns regarding the role of the Security Council in the determination of an act of aggression and the definition of aggression primarily from a legal perspective. It argues that China has hovered back and forth between two conflicting legal positions on these issues during different periods in history according to its policy preference. This paper also considers the concerns of China from a policy perspective before concluding that the crime of aggression should not be regarded as an insurmountable barrier preventing China's accession to the ICC in years to come.

scholarly journals Les Allemagnes et la division Est-Ouest : Une ambivalence politique

2005 ◽  
Vol 16 (3) ◽  
pp. 547-559
Author(s):  
Paul Létourneau
Keyword(s):  
International Organizations ◽  
Special Functions ◽  
States Of Affairs ◽  
Concrete Case ◽  
Long Run ◽  
Official Policy ◽  
The World ◽  
Definition Of

This article is about the role of international bureaucracies in the determination of the general policies of international organizations. In this paper it is argued that in general international organizations' Secretariats generally do wield, considerable power over the definition of the institutions' strategies, i.e. those activities, priorities and projects which taken together make up the program of the institution for a given period. Indeed, the international bureaucrats exercise tremendous control over the content of the program. This is so because international organizations have special functions in the world System. They must see to it that, certain states of affairs prevail in the world over the long run. It is, therefore, no surprise that the programs' content be more or less shielded from conjonctural fluctuations. The article then proceeds to test these hypotheses on a concrete case: the analysis of the processus through which Unesco's program goes before becoming the official policy of the organization.

scholarly journals The Sexual Orientation of a Parent as a Factor when Considering Care

2017 ◽  
Vol 16 (3) ◽  
pp. 292
Author(s):  
Chantelle Feldhaus
Keyword(s):  
Sexual Orientation ◽  
International Law ◽  
Well Being ◽  
Best Interests ◽  
Best Interest ◽  
The Common ◽  
The Law ◽  
To Come ◽  
The Right

Section 28(2) of the Constitution states that a child's best interest is of paramount importance in every matter concerning the child.  Section 9 further provides that every person is considered equal before the law and has the right to equal protection and benefit of the law. Several grounds are listed relating to the unfair discrimination of persons, including their sexual orientation. The concept of care is incorporated in the Children's Act, and it entails a comprehensive description of parents' daily life regarding children and the powers and duties expected to ensure the general protection, well-being and best interests of the child. The aim of this contribution is to discuss the sexual orientation of a parent as a factor when considering care and the extent to which courts may give consideration to such a factor. The article will also address the question of whether or not the role of a parent's sexual orientation in determining the best interests of the child has changed since the common law concept of custody was replaced by the concept of care in the Children's Act. In this article, care and the best interests of the child will be discussed first. International law will be considered thereafter, followed by a discussion on the approach of our courts, pre- and post-1994, in order to come to a conclusion and make recommendations.

scholarly journals A JUDICIAL APPRAISAL ON THE BEST INTEREST OF THE CHILD STANDARD WITH REGARD TO CUSTODY AND ACCESS DECISIONS ON DIVORCE: A CONSTITUTIONAL DEVELOPMENTAL IMPRINT

2017 ◽  
Vol 11 (2) ◽  
pp. 2401-2414
Author(s):  
Dr Nico P Swartz
Keyword(s):  
South African ◽  
Common Law ◽  
Best Interests ◽  
Court Decisions ◽  
Practical Application ◽  
Best Interest ◽  
Judicial Appraisal ◽  
Custody And Access

This paper does not cover all aspects of court decisions about the interests of the child. It is confined to only the best interest of the child with regard to custody decisions on divorce in Botswana jurisdictions with an imprint of South African law dynamics. Everyone that is involved in the operation of an understanding of the child’s situation will benefit from what is going to be discussed in this paper. This study, however, actuates much more research into the questions of the best interests of the child. The research purports the acquisition of knowledge necessary to map out the best interests of the child standard. It does so by stressing the obsolete nature and dysfunctional practice of relics of Roman-Dutch and English common law. The study paves a new direction for determination purposes of the best interests of the child in line with constitutional imperatives or values. The research drawn the theoretical modalities from other jurisdictions, but in its practical application it resort to the Botswana judicature. Case laws of Botswana in which a constitutional imprint could be detected are, for example, Ndlovu v Macheme and Mokoti v Okatswa to name but a few. The stage is set firmly now for the protection and upholding of the best interests of the child along constitutional lines.

scholarly journals The concept and framework for assessing competitiveness of tourism cluster

2020 ◽  
pp. 58-68
Author(s):  
Ani Gagikovna Arakelyan ◽  
Arsen Rafikovich Simonyan
Keyword(s):  
Practical Implementation ◽  
Assessment Framework ◽  
Tourism Sector ◽  
Organizational Relations ◽  
The Subject ◽  
Definition Of ◽  
Tourism Services

The subject of this research is the economic and organizational relations regarding the formation and assessment of competitiveness of tourism cluster, as well as correlation between the level of competitiveness and various trajectories and stages of the lifecycle of tourism clusters. The object of this research is the tourism sector of economy and its separate enterprises unified by specific relations into the cluster territorial-industrial formations. The article employs the works of Russian and foreign experts in the area of economics and management of tourism sector of the economy. The scientific novelty is substantiated by gain of knowledge on the content, maintenance, assessment, and role of the economic category of “competitiveness of tourism cluster”, including the formulated definition of this concept, its components, elaboration of assessment framework and classification of the criteria of competitiveness of tourism cluster, as well as methodology for determination of lifecycle stages and trajectories in development of tourism cluster. The acquired results are of theoretical importance as a reference point for further research and possibility of practical implementation as an instrument for development management of tourism sector of the economy. The presented materials can be used in the development of tourism services online platform based on digital technologies.

Sign in / Sign up

Export Citation Format

Share Document