scholarly journals Medico-Legal Implications of Assessing Unreliability in Civil Compensation Cases: A Case Study Reflecting Potential Unreliability

2017 ◽  
Vol 4 (1) ◽  
pp. 1-4 ◽  
Author(s):  
Koch HCH ◽  
Court K ◽  
Bates S
Keyword(s):  
Civil Compensation ◽  
Legal Implications

scholarly journals Wrist fracture management and the role of surgical care practitioner through the patient’s journey

2021 ◽  
pp. 175045892097607
Author(s):  
Rojas Moya Desiree ◽  
Russell Kabir
Keyword(s):  
Emergency Services ◽  
Surgical Care ◽  
Wrist Fracture ◽  
Junior Doctors ◽  
Examination Technique ◽  
Legal Implications ◽  
Fracture Management ◽  
Surgical Options

The presentation of this case study involves an exploration of the patient's journey in detail after having a traumatic wrist fracture, which is recognised as one of the most common fractures encountered daily in emergency services by junior doctors and practitioners. However, this article not only analyses the medical guidance for this type of case, but also the importance of the surgical care practitioner role in trauma and orthopaedics. All practitioners attending patients in emergency services are required to develop a good knowledge of anatomy, physiology, patient’s examination technique, classifications and consequently being aware of the possible surgical options for treatment of the fracture. They will also need to fully understand the legal implications of consent to ensure safe practice.

Legal Implications of Natural Floods Management: Lithuania Case Study

2021 ◽  
Author(s):  
Katažyna Bogdzevič ◽  
Marius Kalinauskas ◽  
Miguel Inacio ◽  
Eduardo Gomes ◽  
Paulo Pereira
Keyword(s):  
Legal Implications

D.P.3 Ethical, social, legal implications of clinical and research genetic testing in the neuromuscular setting: A case study approach

2012 ◽  
Vol 22 (9-10) ◽  
pp. 808
Author(s):  
S. Donkervoort ◽  
L. Medne ◽  
A. Schindler ◽  
M.B. Pappa ◽  
C.G. Bonnemann
Keyword(s):  
Genetic Testing ◽  
Case Study Approach ◽  
Study Approach ◽  
Legal Implications

scholarly journals Obstruction of a Public Health Inspector in a food premises, the safety and legal implications

2012 ◽  
Vol 55 (04) ◽  
pp. 107-110
Author(s):  
Si Le ◽  
Jim Chan ◽  
Paul Di Salvo
Keyword(s):  
Public Health ◽  
Warning System ◽  
Case Law ◽  
Current Case ◽  
Legal Implications

This case study outlines an obstruction incident involving a Public Health Inspector (PHI) being obstructed while conducting an inspection. PHIs are empowered by legislation to conduct inspections and investigations without obstruction or hindrance from any person. Managers and employers have a duty to ensure PHIs are able to conduct their work free from harm or harassment. Previous case law provides an excellent perspective as to what actions constitute obstruction. In the current case, previous case law was used to substantiate the evidence and perspective of the Prosecutor and PHI when prosecuting the offender. To better safeguard PHIs during incidents involving obstructive behaviour, implementing an administrative warning system of problematic premises in addition to working in pairs, when feasible, will ensure inspection services are carried out safely and effectively.

Addressing basis risk in agricultural margin insurances

2018 ◽  
Vol 78 (2) ◽  
pp. 233-245 ◽  
Author(s):  
Thomas Url ◽  
Franz Sinabell ◽  
Karin Heinschink
Keyword(s):  
Risk Mitigation ◽  
Income Risk ◽  
Basis Risk ◽  
Content Type ◽  
Wheat Production ◽  
Legal Implications ◽  
The Usa ◽  
Margin Insurance ◽  
The Eu

Purpose After several reforms of the common agricultural policy, domestic product prices and farm incomes have become more volatile in the EU. Risk-averse farmers are therefore seeking income stabilizing measures. Margin insurance is among the feasible options but is not yet established in the EU. The purpose of this paper is to explore such an insurance under EU conditions for a major crop. Design/methodology/approach The paper explores conditions for a viable margin insurance. It presents a modeled-loss trigger for a margin insurance scheme using wheat production in Austria as the case study. Findings While margin insurance products are widely used in the USA, such products are not available in the EU. Basis risk seems to be an important reason. An exploration of wheat production in Austria shows that heterogeneity among farms is relevant. The authors demonstrate an approach aiming to lower basis risks. Research limitations/implications This paper presents a technically feasible approach to handle the basis risk of a margin insurance under EU conditions. Before such a product can be placed on the market, further research on systemic risk is needed. Market research is necessary to fine-tune the details of the product to meet the actual demand of farmers. Further empirical validation of the modeled losses is needed. Legal implications are not explored in this paper. Practical implications The insurance product presented here demonstrates a concept that is established in the USA under EU conditions. It is motivated by several shortcomings of income risk mitigation approaches in the EU. Social implications Income risk may be seen as a problem of social policy. The approach shows that it can be addressed by market-oriented instruments. Originality/value To the authors’ knowledge, this paper is the first to propose a tool to handle basis risk for margin insurance products in agriculture in the EU. A special feature of the proposed approach is that it is not limited to a single product such as wheat.

scholarly journals Salt Water Product Contamination During Trans Atlantic Shipments: Management Decisions And Legal Implications A Case Study

2011 ◽  
Vol 6 (12) ◽  
Author(s):  
Bohdan Pikas
Keyword(s):  
Salt Water ◽  
Manufacturing Plant ◽  
Font Size ◽  
Management Decisions ◽  
Legal Implications ◽  
Ceramic Manufacturing

<p class="MsoNormal" style="text-align: justify; margin: 0in 0.5in 0pt;"><span style="font-family: &quot;Times New Roman&quot;,&quot;serif&quot;; font-size: 10pt;">A ceramic manufacturing plant received a shipment of heavy sand that was contaminated with salt water during a Trans Atlantic voyage. The ship&rsquo;s captain and the ship owners claimed it to be an &ldquo;Act of God&rdquo; as the ship went through a hurricane. Examination of the hatch covers indicated that they were faulty and compensation for the damaged cargo was demanded. The demand was refused by the ship&rsquo;s owners and the cargo owner chose to &ldquo;arrest&rdquo; the ship to force payment. </span></p>

scholarly journals Shark Finning Legislation and Shark Welfare. An Analysis of the Kristin Jacobs Ocean Conservation Act

2021 ◽  
Vol 12 (3) ◽  
pp. 78-110
Author(s):  
Rosa María Cajiga
Keyword(s):  
Marine Ecosystem ◽  
The United States ◽  
Economic Implications ◽  
Marine Life ◽  
Legal Implications ◽  
The World ◽  
Shark Finning ◽  
Made In ◽  
Ocean Conservation

Thousands of sharks are cruelly killed worldwide every day due to the lucrative shark finning trade. This practice is negatively impacting marine life, as sharks are the greatest ocean predators and maintain the delicate balance of the marine ecosystem. Shark finning consists of removing the fins and discarding the rest. The sharks are alive during the process, and when tossed back into the water without fins they cannot swim, thus sinking to the depths where they asphyxiate and / or are devoured by other fish. The fins are primarily consumed in China, Hong Kong, Taiwan, and Asian communities elsewhere in the world for making shark-fin soup. Efforts to stop the practice of shark finning vary, ranging from demanding fisheries to bring sharks to land before removing the fins, to prohibiting the trade of shark products, to the total ban of shark fishing. Legislation varies significantly between countries and states, ranging from zero to absolute protection, whereby absolute means prohibiting the possession, sale, importation and exportation of shark fins. The economic implications of the shark-fin trade are considerable, which renders the application of laws and regulations very difficult. However, the increasing business of diving with sharks offers an alternative that shows us that the value of a living shark is far greater than when it is sold for parts. Analyzing legislation from the United States, as well as international legislation, aims to show its weakness when it comes to efforts to protect sharks, and in particular the application of the concept of shark welfare when legislating in their favor. The case study will focus on the Kristin Jacobs Ocean Conservation Act, investigating and analyzing the legal efforts made in the state of Florida (USA) to stop shark finning, and analyzing the legal implications for shark welfare. 

scholarly journals Historic Rights in the South China Sea

2019 ◽  
Vol 7 (2) ◽  
pp. 208-225
Author(s):  
Qiang Ye
Keyword(s):  
South China Sea ◽  
South China ◽  
Dispute Settlement ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
Customary International Law ◽  
China Sea ◽  
Legal Implications

Abstract China has, without challenge, enjoyed and exercised certain rights in the South China Sea throughout recorded history. Those rights do not derive from the 1982 United Nations Convention on the Law of the Sea; rather, they exist under customary international law and commonly known as ‘historic rights’. Recent interpretations related to those rights, however, remain highly controversial, which can be typically seen from the South China Sea Arbitration Case initiated by the Philippines against China. This article gives a case-by-case study based on China’s diplomatic positions on historic rights and compares them with certain international practice from an academic perspective; and then it examines the possible content and nature of historic-related rights enjoyed by China in the South China Sea and evaluates its legal implications on the dispute settlement approach in this region.

Responsible Technologies and Literacy

2011 ◽  
pp. 137-157
Author(s):  
Elizabeth A. Buchanan ◽  
Tomas A. Lipinski
Keyword(s):  
Technology Use ◽  
Primary Teachers ◽  
The State ◽  
Technology Coordinators ◽  
Legal Implications

This chapter presents a case study of research conducted in the state of Wisconsin, USA, on the awareness of and knowledge surrounding ethical and legal uses of technology by primary teachers, administrators, and technology coordinators. The authors use the term responsible technologies to define the concept of ethical and legal awareness; the chapter reports on the findings from the pre- and post-in-service surveys, and makes recommendations for greater awareness of the ethical and legal implications surrounding technology use in general, and surrounding copyright in particular.

scholarly journals Sport and Enhancement in the Age of Human Rights: Genetic Testing as a Case Study

Philosophies ◽  
2021 ◽  
Vol 6 (1) ◽  
pp. 17
Author(s):  
Silvia Salardi
Keyword(s):  
Human Rights ◽  
Genetic Testing ◽  
Technological Progress ◽  
Specific Area ◽  
Human Right ◽  
Genetic Tests ◽  
Talent Identification ◽  
Legal Implications

The paper focuses on the ethical–legal implications of a specific area of scientific and technological progress for the recognition of sport as a human right, which is the field of genetic advances with regard to application of genetic testing for non-medical purposes, and in particular for talent identification (genetic talent identification). As with most biomedical innovations, this use of genetic tests has both constructive and more ethical–legal problematic implications. The attempt made by this paper is to highlight controversial implications of genetic talent identification tests for the recognition of sport as human right.

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