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 Legal Splinters with Regard to the National Programme for Land Registration and the Land Registry

2020 ◽  
Vol 9 (1) ◽  
pp. 179-180
Author(s):  
Szilárd Sztranyiczki ◽  
Andreea Colțea
Keyword(s):  
Legal Issues ◽  
Legal Issue ◽  
National Program ◽  
National Programme ◽  
Land Registration ◽  
The Creation ◽  
The Law ◽  
Notary Public ◽  
Land Register

The National Program for Land Registration and the Land Registry, which aims to achieve the systematic registration of land in the integrated land cadastre and land register throughout the country by 2023 is in progress. It is a massive undertaking which requires the creation of a new land register and the registration of approximately 40 million immovable assets into it. The present study shows the legal hurdles that have been faced in carrying out the program. These issues are the following: ongoing property and border disputes between the various owners, succession procedures which have yet to be finalized, litigation that has arisen as a result of differences between land measurements and the data in the records held at the land registry. Due to the afore-mentioned legal issues, it is not possible to finalize the systematic registration in the integrated cadastre and land register throughout the country in time (by 2023). Also, there is the legal issue posed by the possibility for the person possessing the immovable asset without valid title to be inducted into the land register as owner, based on a certificate issued by a notary public, which in our opinion, is contrary to the law.

Kluczowe problemy prawne projektu dyrektywy w sprawie udzielania koncesji

2014 ◽  
pp. 8-12
Author(s):  
Michał Wieloński
Keyword(s):  
Private Property ◽  
Legal Issues ◽  
Austrian School ◽  
Property Ownership ◽  
Austrian School Of Economics ◽  
General Finding ◽  
Natural Tendency ◽  
The Creation ◽  
The Law

Article deals with the most important legal issues in the directive on the award of concession contracts using the legal dogmatic method and tools taken from the Austrian school of economics. Author attempts to determine the effectiveness of the proposed legal solutions. The general finding is that the proposed solutions are inefficient, because the law cannot replace the natural tendency of the owner to optimally manage her assets. Solutions should not be sought in the creation of further legislation, but in the promotion of private property ownership and fundamental reduction of areas of activity of the authorities.

Criminal Justice under Shari'ah in the 21st Century—An Inter-Cultural View

2009 ◽  
Vol 23 (4) ◽  
pp. 417-436 ◽  
Author(s):  
Mohammad Hedayati-Kakhki ◽  
Michael Bohlander
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
21St Century ◽  
Criminal Law ◽  
Modern Society ◽  
Legal Issues ◽  
Decision Making Process ◽  
Legal Systems ◽  
The Creation ◽  
The Law

AbstractThis paper tries to analyse some of the basic issues arising in the conversation between legal systems based on Shari'ah and those based on secular traditions, as well as the efforts of the law-makers in the former to adapt to changed expectations in modern society. The argument focuses on the area of criminal law and highlights concepts such as hudud crimes, apostasy and al-diyah. The authors advocate an increased dialogue and ultimately the creation of a Centre of Global Ijmā' as a forum in which Islamic and other legal scholars could meet to discuss their respective approaches to legal issues of global interest in order to avoid unnecessary ideological clashes and to provide a base for global policymakers to draw upon in their decision-making process.

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 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.

8. Acquisition of Interests in the Home

2019 ◽  
pp. 240-287
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Case Law ◽  
Intimate Relationship ◽  
Legal Issues ◽  
The Family ◽  
Cohabiting Couples ◽  
Joint Ownership ◽  
Family Home ◽  
The Creation ◽  
The Law ◽  
Ownership Of Land

Co-ownership of land can involve a number of quite different relationships. One type of relationship, which has caused the most anxiety, is that between cohabiting couples in an intimate relationship. Much of the case law dealing with the acquisition of interests in land has arisen in the context of disputes over ownership of the family home. In the case of the matrimonial home, such disputes became possible only in 1882. This chapter, which explores legal issues concerning co-ownership of matrimonial property in England, focusing on acquisition of interests in the matrimonial home, first discusses the creation of co-ownership before turning to express declarations of ownership. It also considers resulting, implied, and constructive trusts as well as joint ownership of the legal title, sole ownership of the legal title, contributions and resulting trusts, purchase money resulting from trusts, and reform of the law on co-ownership.

The Impact of Emerging Technologies on the Law of Armed Conflict

2019 ◽  
Keyword(s):  
Armed Conflict ◽  
New Technologies ◽  
Emerging Technologies ◽  
Legal Issues ◽  
Technological Advancement ◽  
Law Of Armed Conflict ◽  
Legal Challenges ◽  
Challenges And Opportunities ◽  
The Law ◽  
The Impact

Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.

scholarly journals Regulating the Tyrell Corporation: the Emergence of Novel Beings

2021 ◽  
Vol 30 (3) ◽  
pp. 421-434
Author(s):  
David R Lawrence ◽  
Sarah Morley
Keyword(s):  
Computer Science ◽  
Moral Status ◽  
Homo Sapiens ◽  
Legal Issues ◽  
Moral Issues ◽  
Epochal Change ◽  
The Law

AbstractEmerging biotechnologies and advances in computer science promise the arrival of novel beings possessed of some degree of moral status, even potentially sentient or sapient life. Such a manifestation will constitute an epochal change, and perhaps threaten Homo sapiens’ status as the only being generally considered worthy of personhood and its contingent protections; as well as being the root of any number of social and legal issues. The law as it stands is not likely to be capable of managing or adapting to this challenge. This paper highlights the likely societal ramifications of novel beings and the gaps in the legislation which is likely to be relied upon to respond to these. In so doing, the authors make a case for the development of new regulatory structures to manage the moral issues surrounding this new technological upheaval.

Public participation in the preparation of plans and programs: some reflections on the scope of obligations under Article 7 of the Aarhus Convention

2009 ◽  
Vol 6 (4) ◽  
pp. 495-515
Author(s):  
Jerzy Jendrośka
Keyword(s):  
Public Participation ◽  
Legal Issues ◽  
Eu Law ◽  
Legal Analysis ◽  
Aarhus Convention ◽  
Legal Nature ◽  
Scope Of Application

AbstractThe article aims to present the main legal issues related to implementation of the provisions of Article 7 of the Aarhus Convention regarding public participation in the preparations of plans and programs. The analysis is presented against the background of an overview of the legal nature and scope of obligations stemming from the second pillar of the Convention. The article attempts to identify the scope of application of Article 7 and the main elements of the framework for public participation included therein. The legal analysis is based, where appropriate, on the respective opinions of the Aarhus Convention Compliance Committee. The implementation of the Aarhus Convention in EU law will be addressed in this respect in a separate article in the forthcoming issue of the journal.

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