The Spirit of the ’70s

This chapter explores how in the 1970s, freedom of therapeutic choice advocacy, previously the domain of right-wing extremists, became bipartisan and mainstream. It examines how various cultural trends contributed to this trend, including a loss of trust in orthodox medicine, government, and other establishment institutions; a “rights revolution” (including the rise of patients’ rights); and the emergence of the women’s health movement. The chapter shows how Americans’ use of alternative remedies surged during this period and discusses in detail two 1970s social movements in favor of alternative treatments: a successful rebellion against the FDA’s attempt to regulate vitamin and mineral supplements more stringently and a campaign to resist the FDA’s ban on Laetrile, an alternative cancer treatment derived from apricot pits. The chapter also describes how American courts briefly seemed prepared to elaborate the holding of Roe v. Wade into a generalized right to freedom of therapeutic choice.

Remedial consistency in private law

This article is concerned with the concept of ‘remedial consistency,’ the consistency of remedial rights with primary rights in the sense I explain. I argue that the requirement of remedial consistency has important implications across private law. It suggests that the ‘continuity thesis’ does not provide a justification for the right to compensation for a wrong, and I argue that rights to compensation are not generally based on wrongdoing. I also consider whether the absence of a right to specific performance is consistent with the existence of a duty of performance, and I discuss the need for alternative remedies to be mutually consistent. I also discuss the implications of remedial consistency for the concept of unjust enrichment, and I argue on the basis of remedial consistency for the general availability of proprietary claims for invalid transfers.

Restrictions on Remedies

Whereas the discussion of remedial discretion in Chapter 5 was of individualised reasons for refusing to grant a remedy, in this chapter the issues discussed are general principles restricting the granting of judicial review remedies. These are systemic in nature and not specific to the circumstances presented by individual applicants and the decisions they wish to challenge. Some overlap is, of course, to be expected, but the procedural requirements of promptness and permission; the principle that an applicant must exhaust alternative remedies before seeking judicial review; the bar on collateral attack; privative clauses; the principles relating to ripeness and prematurity and the obligation to demonstrate standing to seek judicial review are all general, in that they apply to each and every application for judicial review regardless of the particular factual and legal matrix. This chapter argues that the law in relation to this wide range of restrictions on remedies can be understood in terms of administrative law values.

Austria, Germany, and Switzerland

This chapter intends to shed light on commonalities and distinctive features of public authority liability in Austria, Germany, and Switzerland. In the first part, background commonalities and background distinctive traits are illustrated, together with the relevant Constitutional provisions. In the second part, a comparative analysis is carried out considering the answers given in the three countries. In particular, the chapter is focused on three kind of administrative action that can cause damages, ie authoritative decisions such as sanctions; the withdrawal of a former benefit; and a physical act. In the third part, the comparative analysis is carried out on cross-cut issues, considering institutional choices. The analysis shows that the outcome may well differ, considering not only the conditions for recognizing damages and their amount, but also for the primacy of alternative remedies, ie annulment.

Fibromyalgia: Recent Advances in Diagnosis, Classification, Pharmacotherapy and Alternative Remedies

Fibromyalgia (FM) is a syndrome that does not present a well-defined underlying organic disease. FM is a condition which has been associated with diseases such as infections, diabetes, psychiatric or neurological disorders, rheumatic pathologies, and is a disorder that rather than diagnosis of exclusion requires positive diagnosis. A multidimensional approach is required for the management of FM, including pain management, pharmacological therapies, behavioral therapy, patient education, and exercise. The purpose of this review is to summarize the recent advances in classification criteria and diagnostic criteria for FM as well as to explore pharmacotherapy and the use of alternative therapies including the use of plant bioactive molecules.

In vitro antimalarial activity of selected medicinal plants native to Tigray region of Ethiopia

BackgroundVarious medicinal plants are used as alternative remedies for the management of malaria, an important infectious disease responsible for around 228 million cases and 405,000 deaths worldwide in 2018. The worsening of the disease is highly associated to an emergence of drug-resistant parasites. Hence, the search of new alternative antimalarial agents from traditionally used medicinal plants is the most viable approach. The current study was aimed to evaluate the in vitro antiplasmodial property of Aloe elegans, Aloe monticola, Capparis tomentosa, Hygrophila schulli and Tephrosia gracilipes extracts.Methods Leaf latexes were collected from Aloe elegans and Aloe monticola, whereas cold maceration with 70% ethanol was used to prepare extracts from roots of Capparis tomentosa and Tephrosia gracilipes , and leaves of Hygrophila schulli . The antiplasmodial activity of the extracts against asexual and gametocyte stages was tested using parasite lactate dehydrogenase assay and luciferase assay, respectively. Cell cytotoxicity was assessed on human microvascular endothelial cells by the MTT assayResults Of the five selected medicinal plants, leaf latex of Aloe monticola showed the best activity against both asexual stages and stage V gametocytes of Plasmodium falciparum . The leaf latex of Aloe elegans and ethanolic extract of Hygrophila schulli leaves also showed antiplasmodial property against asexual stages. On the contrary, the roots of Capparis tomentosa and Tephrosa gracilipes were inactive.Conclusion Findings of this study may partly support the acclaimed traditional use of the leaves latexes of both Aloe elegans and Aloe monticola and the ethanolic extract of Hygrophila schulli leaves for the management of mild to moderate malaria.

Alternative Remedies

This book focuses primarily upon claims brought against public authorities for the tort of negligence. Where a public authority causes harm to an individual, either deliberately or carelessly, there may also be other remedies available to the injured party. The present chapter considers some of the more important alternative remedies, though perhaps the most significant alternative now available are claims brought under the Human Rights Act 1998, which are considered separately in Chapter 7. In this chapter we examine the torts of misfeasance in public office and breach of statutory duty as well as judicial review proceedings and complaints to the Ombudsmen.