Essential Cases On Misconduct

Author : Benedict Winiger,Ernst Karner,Ken Oliphant
Publisher : Walter de Gruyter GmbH & Co KG
Page : 1308 pages
File Size : 48,8 Mb
Release : 2018-01-22
Category : Law
ISBN : 9783110535679

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Essential Cases on Misconduct by Benedict Winiger,Ernst Karner,Ken Oliphant Pdf

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.

Author : National Academies of Sciences, Engineering, and Medicine,Policy and Global Affairs,Committee on Science, Engineering, Medicine, and Public Policy,Committee on Responsible Science
Publisher : National Academies Press
Page : 327 pages
File Size : 55,9 Mb
Release : 2018-01-13
Category : Science
ISBN : 9780309391252

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Fostering Integrity in Research by National Academies of Sciences, Engineering, and Medicine,Policy and Global Affairs,Committee on Science, Engineering, Medicine, and Public Policy,Committee on Responsible Science Pdf

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.

Author : Robert J. Frater
Publisher : Unknown
Page : 495 pages
File Size : 46,9 Mb
Release : 2017
Category : Legal ethics
ISBN : 0779880439

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Prosecutorial Misconduct by Robert J. Frater Pdf

"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.

Author : Barbara K. Redman
Publisher : MIT Press
Page : 209 pages
File Size : 49,6 Mb
Release : 2013-10-11
Category : Biography & Autobiography
ISBN : 9780262019811

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Research Misconduct Policy in Biomedicine by Barbara K. Redman Pdf

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.

Author : Dan Mayer
Publisher : Cambridge University Press
Page : 398 pages
File Size : 50,8 Mb
Release : 2004-06-17
Category : Medical
ISBN : 0521540275

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Essential Evidence-Based Medicine by Dan Mayer Pdf

This is an ideal introductory text on Evidence Based Medicine (EBM) for medical students and all health-care professionals.

Author : Bénédict Winiger,Helmut Koziol,Bernhard A. Koch,Director of the Max Planck Institute for Foreign Private and Private International Law Hamburg Reinhard Zimmermann
Publisher : Walter de Gruyter
Page : 1176 pages
File Size : 55,5 Mb
Release : 2011
Category : Damages
ISBN : 3112188802

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Essential Cases on Damage by Bénédict Winiger,Helmut Koziol,Bernhard A. Koch,Director of the Max Planck Institute for Foreign Private and Private International Law Hamburg Reinhard Zimmermann Pdf

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."

Author : Vanessa Machin
Publisher : Elsevier Health Sciences
Page : 185 pages
File Size : 40,6 Mb
Release : 2023-07-28
Category : Medical
ISBN : 9780323935128

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Churchill’s Guide to UK Medicolegal Essentials - E-Book by Vanessa Machin Pdf

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

Author : Jason Payne-James,Ian Wall,Peter Dean
Publisher : Cambridge University Press
Page : 286 pages
File Size : 54,9 Mb
Release : 2009-11-26
Category : Law
ISBN : 9780521744072

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Medicolegal Essentials in Healthcare by Jason Payne-James,Ian Wall,Peter Dean Pdf

An overview of those legal issues most relevant to individuals working in the healthcare professions.

Author : Ceylon. Supreme Court
Publisher : Unknown
Page : 254 pages
File Size : 53,5 Mb
Release : 1880
Category : Law reports, digests, etc
ISBN : STANFORD:36105062627232

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Reports of Important Cases Heard and Determined by the Supreme Court of Ceylon ...: 1860, 1861 and 1862. 1880 by Ceylon. Supreme Court Pdf

Author : Pennsylvania. Courts,Frederick Carroll Brewster
Publisher : Unknown
Page : 680 pages
File Size : 54,8 Mb
Release : 1869
Category : Election law
ISBN : IND:30000107745964

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Reports of Equity, Election, and Other Important Cases by Pennsylvania. Courts,Frederick Carroll Brewster Pdf

Author : Grant Bowers,Marvin A. Zuker,Rena Knox
Publisher : Markham, Ont. : LexisNexis Butterworths
Page : 272 pages
File Size : 52,6 Mb
Release : 2003
Category : Law
ISBN : UVA:X004702710

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Sexual Misconduct in Education by Grant Bowers,Marvin A. Zuker,Rena Knox Pdf

The Student Protection Act, 2002 drastically changed the law on sexual misconduct in schools. Along with new procedures and regulations, the Act also introduced many complicated, often confusing legal issues. Designed especially for educators and administrators, Sexual Misconduct in Education: Prevention, Reporting and Discipline is a comprehensive guide to these important changes.

Author : M Schein,,John R Farndon,,Abe Fingerhut,
Publisher : tfm Publishing Limited
Page : 300 pages
File Size : 44,7 Mb
Release : 2001-09-01
Category : Medical
ISBN : 9781903378892

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A Surgeon’s Guide to Writing and Publishing by M Schein,,John R Farndon,,Abe Fingerhut, Pdf

Most ‘How to write/publish’ books are aimed at the scientific community and medical professionals as a whole. To date none has ever been dedicated to surgeons alone. This book is aimed specifically at surgeons who wish to have their work, observations, novel ideas to be published, but do not know the route leading to successful publication in the various leading and reputable journals. Each chapter will attempt to guide the budding writer, using simple and brief language and taking examples from daily life. After reading this book the surgeon should be better informed and successful in writing, publishing and editing. They will be ready to 'publish and not be damned'. Includes over 30 contributions from leading surgical authors, many of whom are editors of renowned surgical journals.

Author : Frederick Carroll Brewster
Publisher : Unknown
Page : 752 pages
File Size : 53,7 Mb
Release : 1873
Category : Election law
ISBN : UCAL:B4436679

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Reports of Equity, Election, and Other Important Cases, Argued and Determined Principally in the Courts of the County of Philadelphia by Frederick Carroll Brewster Pdf

Author : Barney Jordaan
Publisher : Siber Ink
Page : 232 pages
File Size : 40,6 Mb
Release : 2016-08-24
Category : Law
ISBN : 9781928309109

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Effective Workplace Solutions by Barney Jordaan Pdf

This must-have title on employment law in South Africa brings a cool and calm perspective to the often bewildering world of employment relations. Looking at the practicalities of labour law, employment relations, and dispute resolution in an easy and clear manner, this title provides clear SOLUTIONS to the problems that line managers, HR/ER managers and employers are likely to encounter in the workplace. Written by two highly experienced practitioners in the field of employment law, employment relations and dispute resolution, EFFECTIVE WORKPLACE SOLUTIONS is an indispensable guide for anyone who plays an active role in the management of the modern South African work environment.

Author : Marc J. Ackerman
Publisher : John Wiley & Sons
Page : 357 pages
File Size : 45,7 Mb
Release : 2010-04-06
Category : Psychology
ISBN : 9780470618783

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Essentials of Forensic Psychological Assessment by Marc J. Ackerman Pdf

Quickly acquire the knowledge and skills you need to confidently administer, score, and interpret the key assessment instruments used by forensic psychologists Mental health professionals are frequently called on to perform forensic assessments for a wide variety of court cases. To use these instruments properly, professionals need an authoritative source of advice and guidance on how to administer, score, and interpret them. Now fully revised and in a second edition, Essentials of Forensic Psychological Assessment is that source. The Second Edition is completely updated to reflect current research and theory in the field, including the most recent codes and standards published by the American Psychological Association. In addition, this volume offers updated coverage of the most frequently used instruments in forensic psychological assessments, including the MMPI®-2 and MMPI-2-RF, PAI®, Rorschach®, ASPECT, and various neuropsychological assessment instruments. Like all the volumes in the Essentials of Psychological Assessment series, this book is designed to help busy mental health practitioners, and those in training, quickly acquire the knowledge and skills they need to make optimal use of major psychological assessment instruments. Each concise chapter features numerous callout boxes highlighting key concepts, bulleted points, and extensive illustrative material, as well as test questions that help you gauge and reinforce your grasp of the information covered. Written by a noted forensic psychologist, the Second Edition offers in-depth coverage of maltreatment and domestic violence, as well as the assessment of recidivism, fitness to stand trial, civil commitment, substance abuse assessment, custody evaluations, personal injury assessments, and many other aspects of forensic mental health practice.