compensation law
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2021 ◽  
Vol 89 (11) ◽  
pp. 578-592
Author(s):  
Harald Raimund Dreßing ◽  
Klaus Foerster

Die diagnostischen Kriterien der PTBS unterschieden sich in den Manualen der ICD-10, ICD-11 und DSM 5. Die wesentlichen diagnostischen Kriterien werden dargestellt. Wesentlich für die Diagnose ist der in einem strukturierten Interview erhobene psychopathologische Befund. An Hand von drei Kasuistiken wird die gutachtliche Bewertung im Strafrecht, in der Unfallversicherung und im Opferentschädigungsgesetzt veranschaulicht. Summary The diagnostic criteria of PTSD differ in the ICD-10, ICD-11 and DSM 5 manuals. The main diagnostic criteria are presented. The psychopathological findings obtained in a structured interview are essential for the diagnosis. Three case studies are used to illustrate the expert assessment in criminal law, accident insurance and victim compensation law.


2021 ◽  
Vol 10 (1) ◽  
Author(s):  
Shelly Kamin-Friedman ◽  
Nadav Davidovitch

Abstract Background Following other countries, Israel passed the Vaccine Injury Compensation Law in 1989, which provides for compensation to vaccine recipients who had suffered injuries without proving negligence. In 2021, after deliberations between the ministries of health and of finance Covid-19 vaccines (administered from the beginning of the campaign on December 20, 2020 and up to December 21, 2022) were included within the compensation law. The current study aims to examine the objectives of Israel’s Vaccine Injury Compensation Law, at the time of its enactment, and to explore barriers to their fulfillment. These issues are especially relevant in light of the discussions held on the option for liability exemption which excludes the possibility of redress from the Covid-19 vaccine manufacturers in case of injury attributed to the vaccine, and considering the heavy burden of proof required in standard tort law. Methods The study employed a qualitative methodology which made use of both content analysis of relevant documents and in-depth interviews. Results In passing the Vaccine Injury Compensation Law, legislators sought to assist vaccine recipients who had suffered injuries by both lowering their burden of proof as well as establishing a short and efficient procedure for deliberating their claims. Furthermore, legislators believed that the assurance of compensation to vaccine recipients who had suffered injuries would help to encourage a high rate of vaccination compliance. An examination of the law’s implementation over time revealed that the aforementioned goals were not attained. Conclusions Implementation of the law since its enactment missed the opportunity to fulfill its original purposes to promote public health fundamental principles of fairness and solidarity. In addition, the adversarial proceedings as well as some of the law’s provisions have the potential to undermine public trust in the State’s willingness to grant compensation for injuries that are attributed to vaccines and thereby subvert the law’s pivotal objective of promoting trust and vaccine compliance. We suggest that allowing circumstantial evidence as to an association between vaccine and an injury, transitioning to administrative deliberation, making available to the public details of cases where compensation was awarded, as well as other possible emendations would help it better reflect the values of fairness and solidarity that underlying the law's purpose. These would also promote the level of trust in healthcare authorities which is essential to preserving high vaccine coverage.


2021 ◽  
Author(s):  
Zuzanna Kabacińska ◽  
Alida Timar-Gabor ◽  
Benny Guralnik

<p>Thermally activated processes can be described mathematically by the Arrhenius equation. The Meyer-Neldel Rule (MNR), or compensation law, linearly relates the pre-exponent term to the logarithm of the excitation enthalpy for processes that are thermally driven in an Arrhenian manner. This empirical rule was observed in many areas of materials science, in physics, chemistry, and biology. In geosciences it was found to uphold in hydrogen diffusion (Jones 2014a) and proton conduction (Jones 2014b) in minerals.</p><p>Trapped charge dating methods that use electron spin resonance (ESR) or optically or thermally stimulated luminescence (OSL and TL) are based on the dose-dependent accumulation of defects in minerals such as quartz and feldspar. The thermal stability of these defects in the age range investigated is a major prerequisite for accurate dating, while the accurate determination of the values of the trap depths and frequency factors play a major role in thermochronometry applications. </p><p>The correlation of kinetic parameters for diffusion has been very recently established for irradiated oxides (Kotomin et al. 2018). A correlation between the activation energy and the frequency factor that satisfied the Meyer–Neldel rule was reported when the thermal stability of [AlO<sub>4</sub>/h<sup>+</sup>]<sup>0</sup> and [TiO<sub>4</sub>/M<sup>+</sup>]<sup>0</sup> ESR signals in quartz was studied as function of dose (Benzid and Timar-Gabor 2020). Here we compiled the optically stimulated luminescence (OSL) data published so far in this regard, and investigated experimentally the thermal stability of OSL signals for doses ranging from 10 to 10000 Gy in sedimentary quartz samples. We report a linear relationship between the natural logarithm of the preexponent term (the frequency factor) and the activation energy E, corresponding to a Meyer-Neldel energy of 45 meV, and a deviation from first order kinetics in the high dose range accompanied by an apparent decrease in thermal stability. The implications of these observations and the atomic and physical mechanisms are currently studied.</p><p> </p><p><strong>References</strong></p><p>Benzid, K., Timar Gabor, A. 2020. The compensation effect (Meyer–Neldel rule) on [AlO<sub>4</sub>/h<sup>+</sup>]<sup>0</sup> and [TiO<sub>4</sub>/M<sup>+</sup>]<sup>0</sup> paramagnetic centers in irradiated sedimentary quartz. <em>AIP Advance</em>s 10, 075114.</p><p>Kotomin, E., Kuzovkov, V., Popov, A. I., Maier, J., and Vila, R. 2018. Anomalous kinetics of diffusion-controlled defect annealing in irradiated ionic solids. <em>J. Phys. Chem. A</em> 122(1), 28–32</p><p>Jones, A. G. (2014a), Compensation of the Meyer-Neldel Compensation Law for H diffusion in minerals, <em>Geochem. Geophys. Geosyst.</em>, 15, 2616–2631</p><p>Jones, A. G. (2014b), Reconciling different equations for proton conduction using the Meyer-Neldel compensation rule, <em>Geochem. Geophys. Geosyst</em>., 15, 337–349</p>


2021 ◽  
Author(s):  
Elisa Degner

This work offers a comprehensive appraisal of the intercorporate liability for damages of the executive board vis-à-vis the stock corporation for a corporate antitrust fine. Given the nature of the field, this topic is likewise highly controversial and relevant in practice. Subsequent questions, in particular with regard to the possibility of limiting liability de lege lata and de lege ferenda, are answered. The legal issues dealt with in this work are not only situated at the interface between corporate liability, public sanctions and civil compensation law, but also address regulatory matters of the economic order.


2020 ◽  
Vol 9 (6) ◽  
pp. 75
Author(s):  
Ying Wang

according to the State Compensation Law of the people’s Republic of China implemented in 1995, state compensation includes administrative compensation and criminal compensation. State compensation mainly refers to that when the state organ or staffs of the state organ bring personal rights or property rights damage to citizens, legal persons and other organizations due to the exercise of their functions and powers, they should perform the obligation of compensation and give corresponding compensation to the victims. At the same time, in the process of the victims’ application for compensation, the determination of the “right protection fee” such as “the loss of work fee” has not been clearly defined in the state compensation law. Therefore, in the actual legal cases, the conditions for the determination of the right protection fee in the state compensation causes widespread social disputes. Thus, it is of practical significance to carry out the following analysis on the determination of rights protection fees in state compensation.


2020 ◽  
Vol 25 (2) ◽  
pp. 343-366
Author(s):  
Peter Vedel Kessing

Abstract Almost all international military operations today are joint military operations where several states collaborate to carry out concrete operations, such as combat or arrest operations. This raises pertinent and difficult questions in relation to state responsibility if international law obligations are breached during the operation, not least: Which state or states are responsible? In June 2018, a Danish High Court found Denmark responsible in its complicity for Iraqi ill-treatment of 18 Iraqis who were detained by the Iraqi military in a joint Danish–Iraqi military operation in Iraq in November 2004. Danish soldiers did not exercise control over the Iraqi troops; the detainees were not captured by Danish soldiers or at any time subject to their control or jurisdiction; and Danish forces did not participate in or witness any ill-treatment during the operation. Nevertheless, the Danish High Court found that the Danish defence forces were liable to pay compensation to the 18 Iraqi detainees because Danish defence forces ‘should have known’ that there was a real risk of Iraqi ill-treatment of detainees and paid to little attention to the risk when planning and participating in the operation. The article discusses the Danish High Court judgment. Is it a problem that the High Court decided the case on the basis of Danish compensation law and largely ignores international law standards? And would the Danish defence forces have been responsible if assessed on the basis of State responsibility standards in international law?


2020 ◽  
Vol 1 (1) ◽  
pp. 124-146
Author(s):  
Marvin Zalman

The article recognizes the life and work of Edwin Montefiore Borchard, the founder of US innocence scholarship, as fitting for the Wrongful Conviction Law Review’s inaugural issue. The sources of his scholarship are located in his life and times in the early twentieth century US Progressive movement. The links between Borchard's other legal scholarship and his wrongful conviction writings are explained. Borchard's writings and advocacy leading to his main work, Convicting the Innocent, and passage of the federal exoneree compensation law are described. The article concludes that Borchard's lasting legacy is to refute innocence denial, a deeply help belief that wrongful convictions never occur or are vanishingly rare. 


2020 ◽  
pp. 1-16
Author(s):  
Amy Aronson

Crystal Eastman drafted America’s first serious workers’ compensation law. She helped found the National Woman’s Party and is credited as coauthor of the Equal Rights Amendment (ERA). She helped found the Woman’s Peace Party—today, the Women’s International League for Peace and Freedom (WILPF)—and the American Union against Militarism. She copublished the Liberator magazine. And she engineered the founding the American Civil Liberties Union (ACLU). Yet today, her legacy is ambiguous. She is commemorated, paradoxically, as one of the most neglected feminist leaders in American history. Why? Eastman was an intersectional thinker and activist, who bridged social movements, linking shared experiences of inequality under one emancipatory rubric. Yet politics and interpersonal alliances kept asking her to choose: one issue, one organization, one primary identification. Expansive, straddling, disquieting to dominant perspectives and institutional rank, Eastman fell through the main planks of historical memory.


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