Other legal questions

2003 ◽  
pp. 1363-1379
Keyword(s):  
Legal Questions

The AMA Guides in Pennsylvania “Post-Protz”: Act 111 and Case Law Update

2020 ◽  
Vol 25 (3) ◽  
pp. 12-19
Author(s):  
Justin D. Beck ◽  
Judge David B. Torrey
Keyword(s):  
Case Law ◽  
General Assembly ◽  
Disability Benefits ◽  
Permanent Disability ◽  
Sixth Edition ◽  
Legal Questions ◽  
The Supreme Court ◽  
Recent Edition ◽  
Impairment Ratings

Abstract Medical evaluators must understand the context for the impairment assessments they perform. This article exemplifies issues that arise based on the role of impairment ratings and what edition of the AMA Guides to the Impairment of Permanent Impairment (AMA Guides) is used. This discussion also raises interesting legal questions related to retroactivity, applicability of prior precedent, and delegation. On June 20, 2017, the Supreme Court of Pennsylvania handed down its decision, Protz v. WCAB (Derry Area Sch. Dist.), which disallows use of the “most recent edition” of the AMA Guides when determining partial disability entitlement under the Pennsylvania Workers’ Compensation Act. An attempted solution was passed by the Pennsylvania General Assembly and was signed into law Act 111 on October 24, 2018. Although it affirms that the AMA Guides, Sixth Edition, must be used for impairment ratings, the law reduces the threshold for total disability benefits from 50% to 35% impairment. This legislative adjustment benefited injured workers but sparked additional litigation about whether, when, and how the adjustment should be applied (excerpts from the laws and decisions discussed by the authors are included at the end of the article). In using impairment as a threshold for permanent disability benefits, evaluators must distinguish between impairment and disability and determine an appropriate threshold; they also must be aware of the compensation and adjudication process and of the jurisdictions in which they practice.

Dyskusja na temat odpowiedzialności odszkodowawczej państwa za szkody wyrządzone przez bezprawne działania urzędników na Kongresie Prawników Niemieckich w Kilonii w 1906 roku

2017 ◽  
Vol 15 (2) ◽  
pp. 131-146
Author(s):  
Andrzej Adamczyk
Keyword(s):  
19Th Century ◽  
Legal Regulations ◽  
Legal Problems ◽  
Legal Questions ◽  
German States ◽  
Illegal Acts ◽  
State Liability ◽  
German Reich ◽  
The 19Th Century ◽  
German Association

One of the most important legal problems discussed in the 19th century by German lawyers was that of state liability due to damages resulting from illegal acts of its officials. An influential forum of exchange of ideas was the German Association of German Jurists which organized all-German congresses to solve legal questions in order to promote German unity. Although the problem of state responsibility was discussed at some of the Association congresses in the 19th century, the most interesting was that held in Kiel in 1905. It was due to the fact that many German states had at that time legal regulations concerning state liability, but they were quite different. That generated many complications, making realization of a legal unity within the German Reich difficult. Two proposals for solving this situation were presented at the Congress in Kiel by Otto von Gierke and Rudolf von Herrnritt. Their ideas constituted bases for the discussion which followed. The paper presents the discussion on the state liability, which took place at the Congress in Kiel.

The Effect of Islamic Fundamental Regulations on Environ-mental Conservation Kesan Peraturan Asasi Islam pada Pemuliharaan Alam Sekitar

2015 ◽  
Vol 12 (1) ◽  
pp. 180-199
Author(s):  
Najmaldeen K. Kareem Al-Zanki ◽  
Kotb Rissouni
Keyword(s):  
Natural Resources ◽  
Public Interest ◽  
Environmental Conservation ◽  
Inductive Method ◽  
Legal Regulations ◽  
Environmental Preservation ◽  
Legal Questions ◽  
Universal Law ◽  
The Universe

AbstractThis study focuses on the legal regulations and jurisprudential dictates that are applicable to environmental conservation. The study employs an analytical and inductive method. It shows the set of regulations that apply to the concept of environmental preservation and then explains analytically how these regulations can legally accommodate questions pertaining to how humans address natural beings, natural resources and each component of the universe. The regulations such as the consideration of public interest, deeds' outcomes, customs, the elimination and compensation of damage and a means taking the value of its final objective will help in the adjustment of legal questions relevant to environmental conservation. The authors ensure that the universal laws and Sharī‘ah objectives must complement one another.                           . Keywords: Environmental Conservation, Sharī‘ah Regulations, Universal Law, Integrity of Universal and Divine Laws, Realization of Public Interest.AbstrakKajian ini memberi tumpuan kepada peraturan undang-undang dan jurisprudens yang berkaitan dengan pemuliharaan alam sekitar. Kaedah yang digunapakai dalam kajian ini adalah kaedah analisis dan induktif. Kajian ini menerangkan tentang peraturan yang dikenakan kepada konsep penjagaan alam sekitar dan kemudian menerangkan secara analisis bagaimana peraturan-peraturan ini secara sah boleh menjawab soalan mengenai bagaimana manusia menangani alam semula jadi, sumber asli dan setiap komponen alam semesta. Peraturan-peraturan yang berhubung dengan pertimbangan dan kepentingan awam, hasil perbuatan manusia, adat, penghapusan dan pampasan kerosakan dan cara mengambil nilai objektif akhirnya akan membantu dalam penyesuaian soal undang-undang yang berkaitan dengan pemuliharaan alam sekitar. Pengarang telah memastikan bahawa undang-undang universal dan objektif Sharī‘ah  Islam adalah saling melengkapi satu sama lain.Kata Kunci: Pemuliharaan Alam Sekitar, Peraturan Sharī‘ah, Undang-undang Universal, Integriti Undang-Undang Universal dan Agama, Merealisasikan Kepentingan Awam.

Reproductive rights: Legal aspects of the right to sterilisation

Stanovnistvo ◽  
2001 ◽  
Vol 39 (1-4) ◽  
pp. 119-130 ◽  
Author(s):  
Hajrija Mujovic-Zornic
Keyword(s):  
Mental Health ◽  
Free Choice ◽  
Reproductive Rights ◽  
German Law ◽  
Legal Aspects ◽  
Penal Policy ◽  
Abortion Law ◽  
Legal Questions ◽  
The Right ◽  
Voluntary Sterilization

In this paper the author discusses the nature and importance of the right to reproduce, in particular the right to sterilisation. In the time past sterilization has been practiced only as a measure of penal policy or the prevention of mental health diseases. Today, mostly we can speak about the right to sterilization (especially reversible sterilization). The patient have a free choice to decide any method of contraception and that could be a voluntary sterilization (also called human, contraceptive, non-therapeutical in French law, and obliging in German law). Various legal questions about this right can be raised, in accordance of state of reproductive rights (how they are regulated by the law) and the protection of reproductive rights (especially the right of pregnant woman as a patient). Yugoslav law not yet has a complete regulation and adequate solutions in this area, except the abortion law. The primary gynecology care has contraceptive counseling, but concrete measures and education are insufficient. It cannot begin to give consistent answers to all of these questions without a coherent conception of the right to reproduce, which is the primary duty of legal experts.

Legal Questions

Nursing ◽  
1998 ◽  
Vol 28 (6) ◽  
pp. 66-67
Author(s):  
&NA;
Keyword(s):  
Legal Questions

Genome Editing or Genome Cutting? Communicating CRISPR in the British and German Press

2020 ◽  
Vol 8 (1) ◽  
pp. 45-66
Author(s):  
Yoo Yung Lee
Keyword(s):  
Science Communication ◽  
Public Discourse ◽  
Word Processor ◽  
Public Science ◽  
German Press ◽  
Legal Questions ◽  
British Press ◽  
Legal Frameworks

AbstractIn this paper, I analyze the role of metaphors in public science communication. Specifically, it is a case study of the metaphors for CRISPR/Cas9, a controversial biotechnology that enables scientists to alter the DNA of any organism with unprecedented ease and has raised a number of societal, ethical and legal questions concerning its applications – most notably, on its usage on the human germline. Using a corpus of 600 newspaper articles from the British and German press, I show that there are striking differences in how these two European countries construe CRISPR in public discourse: the British press promotes the image of CRISPR as a word processor that allows scientists to edit the DNA, replacing spelling mistakes with healthy genes, whereas the German press depicts CRISPR as genetic scissors and thereby underlines the risk of mutations after cutting the DNA. I suggest that this contrast reflects differences in the legal frameworks of the respective countries and may influence the attitudes towards emerging biotechnologies among the British and German public.

Application of the Sads Diagnostic Interview to Forensic Psychiatry

1981 ◽  
Vol 9 (3) ◽  
pp. 329-344 ◽  
Author(s):  
Richard Rogers ◽  
James L. Cavanaugh
Keyword(s):  
Forensic Psychiatry ◽  
Affective Disorders ◽  
Diagnostic Interview ◽  
Significant Advance ◽  
Forensic Evaluations ◽  
Legal Questions ◽  
Fitness To Stand Trial ◽  
Structured Diagnostic Interview ◽  
Forensic Setting

The Schedule of Affective Disorders and Schizophrenia (SADS), a sophisticated, semi-structured diagnostic interview, is introduced as a significant advance in forensic evaluations. Pertinent research on the SADS' development is summarized and its administration and use in the forensic setting are described in detail. Particular attention is focused on evaluations involving legal questions of sanity, fitness to stand trial, and treatability in delineating the clinical strengths and limitations of the SADS diagnostic interview.

LEGAL QUESTIONS

Nursing ◽  
1995 ◽  
Vol 25 (5) ◽  
pp. 30-32
Author(s):  
&NA;
Keyword(s):  
Legal Questions

Legal Questions

Nursing ◽  
1996 ◽  
Vol 26 (3) ◽  
pp. 26
Author(s):  
&NA;
Keyword(s):  
Legal Questions
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