Download or read book Essential Cases on Misconduct written by Benedict Winiger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-01-22 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.
Download or read book Fostering Integrity in Research written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2018-01-13 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The integrity of knowledge that emerges from research is based on individual and collective adherence to core values of objectivity, honesty, openness, fairness, accountability, and stewardship. Integrity in science means that the organizations in which research is conducted encourage those involved to exemplify these values in every step of the research process. Understanding the dynamics that support â€" or distort â€" practices that uphold the integrity of research by all participants ensures that the research enterprise advances knowledge. The 1992 report Responsible Science: Ensuring the Integrity of the Research Process evaluated issues related to scientific responsibility and the conduct of research. It provided a valuable service in describing and analyzing a very complicated set of issues, and has served as a crucial basis for thinking about research integrity for more than two decades. However, as experience has accumulated with various forms of research misconduct, detrimental research practices, and other forms of misconduct, as subsequent empirical research has revealed more about the nature of scientific misconduct, and because technological and social changes have altered the environment in which science is conducted, it is clear that the framework established more than two decades ago needs to be updated. Responsible Science served as a valuable benchmark to set the context for this most recent analysis and to help guide the committee's thought process. Fostering Integrity in Research identifies best practices in research and recommends practical options for discouraging and addressing research misconduct and detrimental research practices.
Download or read book Essential Cases on Damage written by Bénédict Winiger and published by Walter de Gruyter. This book was released on 2011 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt: With an emerging ius commune in the field of tort law, the extensive range of experiences derived from national court practice on the basis of prior laws will in certain respects be of comparatively less importance. A major lacuna is thus apparent: While publications of court decisions and databases exist, none provide access to a comparative selection of recurring issues in the various European legal systems. Along the lines of the previous Digest project on Causation, this study covers another key element of tort law damage. The publication contains a systematic selection of cases from 27 countries across Europe in addition to ECJ case-law, with each case benefiting from an analysis and commentary from a national and, where appropriate, a comparative perspective. Further, the impact of these rulings on a future European law of torts is highlighted. Finally, the publication also looks into how key cases would be resolved under unified European tort law drafts. The object of the study is thus to bridge domestic case-law with the new body of uniform tort law thus facilitating the continuity of legal development in Europe."
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Prosecutorial Misconduct written by Robert J. Frater and published by . This book was released on 2017 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is the essential text for Crown counsel who need to operate within the rules of law and for defence counsel who need to identify when prosecutorial misconduct occurs and the remedies that are available. This comprehensive and thought-provoking treatise covers prosecutorial misconduct at every stage of the criminal process and impartially and objectively identifies its elements with specific reference to case law. In addition, Prosecutorial Misconduct provides expert commentary on the tort of malicious prosecution and related civil actions against prosecutors. The second edition updates, expands, re-writes and re-organizes the text to deal with some very substantial developments in the law since the first edition. The Supreme Court of Canada has been very active in addressing a number of areas of prosecutorial misconduct, including malicious prosecution (Miazga v. Kvello Estate; Charter torts (Henry v. B.C.); plea bargaining (R. v. Nixon); and abuse of process (R. v. Anderson). Those cases and others have led to a significant volume of new litigation in Canada. Like the previous edition, this one also covers significant developments abroad, particularly Australia, the United Kingdom, and the United States"--Provided by publisher.
Download or read book Essential Evidence Based Medicine written by Dan Mayer and published by Cambridge University Press. This book was released on 2004-06-17 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an ideal introductory text on Evidence Based Medicine (EBM) for medical students and all health-care professionals.
Download or read book Dirty Business written by Maurice Punch and published by SAGE. This book was released on 1996-09-27 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on both theory and major case studies, this book provides a much-needed sociological and comparative analysis of the world of the manager in the context of misconduct within business organizations. Organizational misbehaviour and crime have been relatively neglected in the social sciences, particularly in business studies. Analyses have tended to be fragmentary, overly slanted towards narrow external views - such as those of legal control and public policy - and predominantly North American. Dirty Business rectifies this by offering a broad sociological perspective related to work, organizations and management, supported by a range of key international case studies. In developing his arguments, Maurice Punch draws on primary and secondary sources as well as his extensive personal experience of teaching and interacting with managers and in developing courses on crisis and disaster management.
Download or read book Evolution of Translational Omics written by Institute of Medicine and published by National Academies Press. This book was released on 2012-09-13 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Technologies collectively called omics enable simultaneous measurement of an enormous number of biomolecules; for example, genomics investigates thousands of DNA sequences, and proteomics examines large numbers of proteins. Scientists are using these technologies to develop innovative tests to detect disease and to predict a patient's likelihood of responding to specific drugs. Following a recent case involving premature use of omics-based tests in cancer clinical trials at Duke University, the NCI requested that the IOM establish a committee to recommend ways to strengthen omics-based test development and evaluation. This report identifies best practices to enhance development, evaluation, and translation of omics-based tests while simultaneously reinforcing steps to ensure that these tests are appropriately assessed for scientific validity before they are used to guide patient treatment in clinical trials.
Download or read book Churchill s Guide to UK Medicolegal Essentials E Book written by Vanessa Machin and published by Elsevier Health Sciences. This book was released on 2023-07-28 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Churchill's Guide to UK Medicolegal Essentials provides a no-nonsense guide to managing those everyday clinical scenarios that have potential or obvious legal implications. With a clear, practical and easy-to-read style, it takes you through everything that you need to know including the UK legal systems, complaints handling, clinical governance and risk management, disciplinary procedures, and how the law relates to alcohol, drugs, mental health and end of life. This is an ideal book for medical, nursing, dental and paramedic students preparing for exams or interviews, all grades of healthcare professionals, police staff, and anyone needing a brief overview of the legal intricacies of medical practice. - Defines the law of England and Wales, Scotland and Northern Ireland - Provides tips on preparing a police statement, appearing in court and obtaining forensic samples - Scenarios and questions to bring the law to life - Filled with practical advice to help you understand and minimise risks to your practice - Covers risk management, which is central to Government health policies - Comprehensive update of all areas of medical law - New chapter on the Sexual Offences Act 2003 - New questions and scenarios to test your knowledge and understanding
Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Misconduct Policy in Biomedicine written by Barbara K. Redman and published by MIT Press. This book was released on 2013-10-11 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of current biomedical research misconduct policy that proposes a new approach emphasizing the context of misconduct and improved oversight. Federal regulations that govern research misconduct in biomedicine have not been able to prevent an ongoing series of high-profile cases of fabricating, falsifying, or plagiarizing scientific research. In this book, Barbara Redman looks critically at current research misconduct policy and proposes a new approach that emphasizes institutional context and improved oversight. Current policy attempts to control risk at the individual level. But Redman argues that a fair and effective policy must reflect the context in which the behavior in question is embedded. As journalists who covered many research misconduct cases observed, the roots of fraud “lie in the barrel, not in the bad apples that occasionally roll into view.” Drawing on literature in related fields—including moral psychology, the policy sciences, the organizational sciences, and law—as well as analyses of misconduct cases, Redman considers research misconduct from various perspectives. She also examines in detail a series of clinical research cases in which repeated misconduct went undetected and finds laxity of oversight, little attention to harm done, and inadequate correction of the scientific record. Study questions enhance the book's value for graduate and professional courses in research ethics. Redman argues that the goals of any research misconduct policy should be to protect scientific capital (knowledge, scientists, institutions, norms of science), support fair competition, contain harms to end users and to the public trust, and enable science to meet its societal obligations.
Download or read book American and English Annotated Cases written by and published by . This book was released on 1906 with total page 1284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Medicolegal Essentials in Healthcare written by Jason Payne-James and published by Cambridge University Press. This book was released on 2009-11-26 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: An overview of those legal issues most relevant to individuals working in the healthcare professions.
Download or read book Annotated Cases American and English written by and published by . This book was released on 1916 with total page 1382 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The American and English Annotated Cases written by and published by . This book was released on 1916 with total page 1382 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prosecutorial Misconduct written by Joseph F. Lawless and published by . This book was released on 2003-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
