scholarly journals THE LAW OF MEDICAL PRIVACY IN THE USA: NOT GOOD ENOUGH FOR COVID-19

Medicne pravo ◽  
2021 ◽  
pp. 28-40
Author(s):  
Dean M. Harris

This article addresses the privacy of medical and health data in the US. It analyzes the scope and requirements of federal and state laws in the US, and it discusses the weaknesses in the US protection of medical privacy. Then, this article explains how the weak US system of privacy protection was unable to handle many important privacy issues in the COVID-19 pandemic. Finally, the article concludes with some recommendations for action.

2019 ◽  
pp. tobaccocontrol-2018-054829 ◽  
Author(s):  
Kelly D Blake ◽  
Amanda L Klein ◽  
Laura Walpert ◽  
Len Casey ◽  
Cynthia Hallett ◽  
...  

ObjectiveTo describe the number and proportion of accredited, degree-granting institutions with 100% smoke-free and 100% tobacco-free protections across the USA and by state.MethodsData on postsecondary education institutions from the US Department of Education National Center for Education Statistics Integrated Postsecondary Education Data System 2015, and smoke-free and tobacco-free campus protections from the American Nonsmokers’ Rights Foundation’s Smokefree and Tobacco-Free Colleges and Universities List 2017, were integrated to calculate the number and proportion of: (1) smoke-free and tobacco-free accredited, degree-granting institutions and (2) students and staff protected by campus policies and state laws. Campus protections are given a 100% smoke-free designation if smoking is not allowed on campus anywhere, at any time; 100% tobacco-free designations extend smoke-free protections to include non-combustible products such as smokeless tobacco.Results823 accredited, degree-granting institutions (16.7%) representing 1816 individual campuses, sites and schools have either 100% smoke-free or 100% tobacco-free protections. An estimated 14.9 million college students (26.9%) and 8.9 million faculty and staff (25.4%) are protected by campus policies and state laws. Only three states and two territories have 100% smoke-free or 100% tobacco-free protections in over half of their institutions; four states and six territories have no known 100% smoke-free or 100% tobacco-free campus protections.ConclusionsIn 2017, just 16.7% of accredited, degree-granting institutions in the USA had 100% smoke-free or 100% tobacco-free protections. Despite progress, more efforts can ensure that students and staff benefit from comprehensive 100% smoke-free and 100% tobacco-free protections at US colleges and universities.


2020 ◽  
pp. 29-37
Author(s):  
O. Markova

The author conducts a comparative legal study of the types of administrative procedure, using the experience of the United States, France and Poland in order to form a conceptual overview and a systematic approach to the typology of administrative procedure.The author monitors the procedural legislation of the above countries in order to consolidate the types of administrative procedure.In the course of research the author comes to conclusions, in particular: in the USA types of administrative procedure depend on type of rule-making. In accordance with the provisions of the US Federal Act “On Administrative Procedure” distinguish: formal rulemaking, informal, exclusive, hybrid and conciliatory. The approach of the Polish legislator to the types of administrative proceedings differs from the approach of the American legislator in a differentiated nature. The Code of Administrative Procedure reflects the general approach, as the types of proceedings presented in it cover the main activities of public administration bodies, and as for special – the legislator has provided for special regulation.In the legislation of many foreign countries, the general model of administrative procedure is fixed at the level of the Law or Code.As for the Ukrainian legislation, today, the Law “On Administrative Procedure” is absent, therefore, all procedures automatically become special. Details of various aspects of various types of administrative procedures take place both at the level of special laws and at the level of by-laws issued by other executive bodies. The list of these acts is so extensive and heterogeneous that there can be no question of the full compliance of the provisions embodied in them with each other. Moreover, such a variety obviously causes difficulties with the search for anapplicable norm for a private individual who is faced with a particular administrative procedure, and even for officials.The conducted comparative analysis of the species diversity of the administrative procedure will help us: firstly, to formulate a comprehensive vision and develop a unified approach, secondly, to rethink the conceptual framework within which the administrative procedure operates, and thirdly, it will provide an opportunity to introduce proposals into the project legislation.


Author(s):  
Gray Christine

This chapter examines the impact of the ‘war against terror’ on international law. The US invasion of Afghanistan in response to the massive terrorist attacks on the World Trade Center and the Pentagon on 11 September 2001 led to a fundamental reappraisal of the law of self-defence. The US response to 9/11 was to announce ‘a different kind of war against a different kind of enemy’—a global war on terrorism. Many writers now argue that 9/11 and subsequent state practice have changed the law on self-defence, but the legal situation is not so clear-cut. More recently, the rise of ISIS in Iraq and Syria, and the military response by the USA and other states since 2014, have given rise to renewed debate about the scope of self-defence. And President Trump’s foreign policy with regard to North Korea and Iran has once again raised questions about the controversial doctrine of pre-emptive self-defence.


2016 ◽  
Vol 17 (1) ◽  
pp. 11-26 ◽  
Author(s):  
Laura Girella ◽  
Carlo Bagnoli ◽  
Stefano Zambon

Purpose – Over the last decades concepts and practices related to intangibles gained momentum at international level especially within the economic, accounting and management arenas. However, dating back to the beginning of the 1900s, intangibles was a topic that in the USA dominated the law and taxation fields. Indeed, at that time few papers were published in accounting journals and reviews, whereas the majority populated law and taxation publications. The paper aims to discuss this issue. Design/methodology/approach – Drawing upon the sociology of the profession, the ways through which lawyers and accountants constructed a “professional competition and power” (Dezalay and Sugarman, 2005) upon this arena are here explored. In particular, an in-depth analysis of the papers published on this field from the beginning of the 1900s until the 1970s in the USA is carried out. Findings – Notwithstanding the current conceptualisation of intangibles as a field of research and practice at the margins (Miller, 1998) of accounting, the results achieved in the present research suggest that, at least historically, the topic of intangibles was highly intertwined not only within the different streams of accounting studies and practice, but also with the developments in legal and taxation fields that were surrounding the US economic, social and political institutional scenario. Originality/value – The work intends to contribute to the current literature providing insights into the “genealogy” (Foucault, 1977) of the intangibles territory and the “turf battles” (Dezalay, 1995) it went through in order to become what has been defined as “a field upon which questions of disciplinary legitimacy have been raised” (Zambon, 2006) and, consequently, as characterized by “an intrusion of ‘external’ specialists into the accounting domain” (Power, 2001).


2019 ◽  
Vol 1 (1) ◽  
pp. 163-171
Author(s):  
Tomasz Odzimek

AbstractIn a knowledge-based economy, innovation resulting from R & D activities and subsequent management of their legal safety are of particular importance. Incorrect patent law can lead to abuse in the area of innovation security on a large scale through the activities of the NPE organization (patent trolls). This phenomenon is particularly noticeable in the US while in the EU it is at a negligible level.The aim of the article is to demonstrate and prove by using comparative literature and documents analysis of US and EU, that inappropriate law leads to violations of innovation safety through the unhampered activity of patent trolls, while a change of the law to more restrictive law is a right step to reduce the patent trolling. On the other hand, the author proves that in an area with a less liberal definition of patentability, there are no many violations of innovation safety through patent trolling.


2019 ◽  
pp. 1911-1926
Author(s):  
Noushin Ashrafi ◽  
Jean-Pierre Kuilboer

This article describes how national and international companies in the US and Europe, as well as newly industrialized countries such as China and India, are striving to gain consumer trust by offering visible and meaningful Privacy Protection Policies (PPP) on their websites. This article deploys large sets of data and descriptive indicators to compare and contrast the extent of the visibility, specificity, and lucidity of privacy policies posted by interactive companies on the Internet. Examining about 2000 Interactive companies in the USA, Europe, and Asia provides a measure of divergent responses to the growing demand for privacy protection. The results of this comparative study should help interested readers from the business world, academics, and administrations get a grasp of the extent of efforts by international corporations to protect personal information privacy in an increasingly global economy.


2018 ◽  
Vol 12 (3) ◽  
pp. 1-15 ◽  
Author(s):  
Noushin Ashrafi ◽  
Jean-Pierre Kuilboer

This article describes how national and international companies in the US and Europe, as well as newly industrialized countries such as China and India, are striving to gain consumer trust by offering visible and meaningful Privacy Protection Policies (PPP) on their websites. This article deploys large sets of data and descriptive indicators to compare and contrast the extent of the visibility, specificity, and lucidity of privacy policies posted by interactive companies on the Internet. Examining about 2000 Interactive companies in the USA, Europe, and Asia provides a measure of divergent responses to the growing demand for privacy protection. The results of this comparative study should help interested readers from the business world, academics, and administrations get a grasp of the extent of efforts by international corporations to protect personal information privacy in an increasingly global economy.


2013 ◽  
Vol 2013 ◽  
pp. 1-5 ◽  
Author(s):  
Shaopeng Guan ◽  
Yuan Zhang ◽  
Yue Ji

With the development of network technology, more and more data are transmitted over the network and privacy issues have become a research focus. In this paper, we study the privacy in health data collection of preschool children and present a new identity-based encryption protocol for privacy protection. The background of the protocol is as follows. A physical examination for preschool children is needed every year out of consideration for the children's health. After the examination, data are transmitted through the Internet to the education authorities for analysis. In the process of data collection, it is unnecessary for the education authorities to know the identities of the children. Based on this, we designed a privacy-preserving protocol, which delinks the children’s identities from the examination data. Thus, the privacy of the children is preserved during data collection. We present the protocol in detail and prove the correctness of the protocol.


2018 ◽  
Vol 34 (2) ◽  
pp. 87-100 ◽  
Author(s):  
Gino Casale ◽  
Robert J. Volpe ◽  
Brian Daniels ◽  
Thomas Hennemann ◽  
Amy M. Briesch ◽  
...  

Abstract. The current study examines the item and scalar equivalence of an abbreviated school-based universal screener that was cross-culturally translated and adapted from English into German. The instrument was designed to assess student behavior problems that impact classroom learning. Participants were 1,346 K-6 grade students from the US (n = 390, Mage = 9.23, 38.5% female) and Germany (n = 956, Mage = 8.04, 40.1% female). Measurement invariance was tested by multigroup confirmatory factor analysis (CFA) across students from the US and Germany. Results support full scalar invariance between students from the US and Germany (df = 266, χ2 = 790.141, Δχ2 = 6.9, p < .001, CFI = 0.976, ΔCFI = 0.000, RMSEA = 0.052, ΔRMSEA = −0.003) indicating that the factor structure, the factor loadings, and the item thresholds are comparable across samples. This finding implies that a full cross-cultural comparison including latent factor means and structural coefficients between the US and the German version of the abbreviated screener is possible. Therefore, the tool can be used in German schools as well as for cross-cultural research purposes between the US and Germany.


2014 ◽  
pp. 13-29 ◽  
Author(s):  
S. Glazyev

This article examines fundamental questions of monetary policy in the context of challenges to the national security of Russia in connection with the imposition of economic sanctions by the US and the EU. It is proved that the policy of the Russian monetary authorities, particularly the Central Bank, artificially limiting the money supply in the domestic market and pandering to the export of capital, compounds the effects of economic sanctions and plunges the economy into depression. The article presents practical advice on the transition from external to domestic sources of long-term credit with the simultaneous adoption of measures to prevent capital flight.


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