jurisprudence

Summary

Summary: The science or philosophy of law. Also, the application of the principles of law and justice to health and medicine.

Top Publications

  1. Gonzalez Candelas F, Bracho M, Wrobel B, Moya A. Molecular evolution in court: analysis of a large hepatitis C virus outbreak from an evolving source. BMC Biol. 2013;11:76 pubmed publisher
    ..Here, we present the results of such an analysis that contributed to the conviction of an anesthetist as being responsible for the infection of 275 of his patients with hepatitis C virus...
  2. Hout F, Cuperus Bosma J, de Peuter O, Hubben J, van der Wal G. [No improvement of disciplinary jurisprudence since the implementation of the Individual Health Care Professions Act (IHCP Act)]. Ned Tijdschr Geneeskd. 2004;148:135-9 pubmed
    ..In any important aspects, the IHCP Act did not lead to improvement in the disciplinary jurisprudence. The decrease in the number of complaints that were declared to be justified could be explained by the change ..
  3. Greene J, Cohen J. For the law, neuroscience changes nothing and everything. Philos Trans R Soc Lond B Biol Sci. 2004;359:1775-85 pubmed
    ..We foresee, and recommend, a shift away from punishment aimed at retribution in favour of a more progressive, consequentialist approach to the criminal law. ..
  4. Sapolsky R. The frontal cortex and the criminal justice system. Philos Trans R Soc Lond B Biol Sci. 2004;359:1787-96 pubmed
  5. Baird A, Fugelsang J. The emergence of consequential thought: evidence from neuroscience. Philos Trans R Soc Lond B Biol Sci. 2004;359:1797-804 pubmed
    ..On the basis of assimilation of both behavioural and neuroscientific data, we propose a brain-based model that provides a theoretical framework for understanding the emergence of counterfactual reasoning ability in the developing mind. ..
  6. Asman O. Qur'anic healing for spiritual ailments: between tradition, religious law and contemporary law. Med Law. 2008;27:259-84 pubmed
    ..The legal analysis is based both on Israeli and Muslim law, demonstrating how similar legal results may be achieved through different legal systems and practices. ..
  7. Oomen R, Biesaart M. [Removal from the Dutch healthcare professionals register: considerations taken into account by the disciplinary tribunal from 2006 to 2011]. Ned Tijdschr Geneeskd. 2012;156:A5269 pubmed
    ..Retrospective study of jurisprudence and literature...
  8. Tinta M. Legal consequences for torture in children cases: the Gomez Paquiyauri Brothers vs Peru case. Torture. 2009;19:118-31 pubmed
  9. Bemis P. Nurses in the legal field. RN. 2008;71:20-1 pubmed

More Information

Publications62

  1. Dute J. European Court of Human Rights. ECHR 2007/13. Decision as to the admissibility of Yildirim v. Turkey, 11 September 2007, no. 25327/02 (Second Section). Eur J Health Law. 2007;14:391-2 pubmed
  2. Ellis J. The law's understanding of intellectual disability as a disability. Intellect Dev Disabil. 2013;51:102-7 pubmed publisher
  3. McDougall R, Notini L. Overriding parents' medical decisions for their children: a systematic review of normative literature. J Med Ethics. 2014;40:448-52 pubmed
    ..Each of these frameworks centred on a different key moral concept including harm,constrained parental autonomy, best interests, medically reasonable alternatives, responsible thinking and rationality. ..
  4. González Ortega E, Orgaz Baz B, López Sánchez F. [Childhood sexual behavior as an indicator of sexual abuse: professionals' criteria and biases]. Psicothema. 2012;24:402-9 pubmed
    ..Professionals' attitudes to sexuality seem to generate biases, as those who are erotophobic are more likely to suspect abuse. None of the sexual behaviors was seen as evidence of abuse. ..
  5. Eby D, Olson D, Shime J, Sigurdson E. Panel--lawyers' perspectives on strategic litigation. HIV AIDS Policy Law Rev. 2011;15:64-8 pubmed
  6. Umanath S, Sarezky D, Finger S. Sleepwalking through history: medicine, arts, and courts of law. J Hist Neurosci. 2011;20:253-76 pubmed publisher
    ..This historical review focuses on these developments pertaining to somnambulism through the seventeenth, eighteenth, and nineteenth centuries. ..
  7. Simeone J. Website accessibility and persons with disabilities. Ment Phys Disabil Law Rep. 2007;31:507-11 pubmed
  8. De Ville K. Public health law: the constitutionality of the Patient Protection and Affordable Care Act. J Public Health Manag Pract. 2011;17:195-201 pubmed publisher
    ..quot; This essay outlines and analyzes the constitutional arguments for, and against, PPACA forecasting the likely resolution of the debate if the suits reach the US Supreme Court. ..
  9. Wood J. Protecting the rights of school children with diabetes. J Diabetes Sci Technol. 2013;7:339-44 pubmed
    ..A variety of nursing organizations oppose all efforts to train unlicensed volunteers, arguing that such is not permitted by California law. The issue is unresolved and currently pending in the California Supreme Court. ..
  10. Hodges J. ILO publishes digest of good legislative practices in Africa. HIV AIDS Policy Law Rev. 2008;13:43-4 pubmed
  11. Maehle A, Pranghofer S. Medical confidentiality in the late nineteenth and early twentieth centuries: an Anglo-German comparison. Medizinhist J. 2010;45:189-221 pubmed
    ..Based on sources from the period between c.1870 and 1939, our paper shows how doctors tried to define the scope of professional secrecy as an integral part of their professional honour in relation to important matters of public health. ..
  12. Cotti P. Travelling the path from fantasy to history: the struggle for original history within Freud's early circle, 1908-1913. Psychoanal Hist. 2010;12:153-72 pubmed
  13. Jiang S, Wu Y. Chinese people's intended and actual use of the court to resolve grievance/dispute. Soc Sci Res. 2015;49:42-52 pubmed publisher
    ..Further, type of grievance/dispute is among the most significant predictors for both intended and actual appeals to the court. Implications for future research are provided. ..
  14. Miller L. You're it! How to psychologically survive an internal investigation, disciplinary proceeding, or legal action in the police, fire, medical, mental health, legal, or emergency services professions. Int J Emerg Ment Health. 2009;11:185-90 pubmed
  15. Stolzenberg R, Lindgren J. Retirement and death in office of U.S. Supreme Court justices. Demography. 2010;47:269-98 pubmed
    ..Methodological issues are addressed. ..
  16. Izumi T. [Safety support for medical device: an outline revision and highlights of the medical law]. Nihon Hoshasen Gijutsu Gakkai Zasshi. 2007;63:823-4 pubmed
  17. Persad G, Elder L, Sedig L, Flores L, Emanuel E. The current state of medical school education in bioethics, health law, and health economics. J Law Med Ethics. 2008;36:89-94, 4 pubmed publisher
    ..This suggests that medical schools should reevaluate their curricula and instructors in bioethics, health law, and health economics. ..
  18. Campbell A. Teaching law in medical schools: first, reflect. J Law Med Ethics. 2012;40:301-10 pubmed publisher
    ..different "law," first, it is critical to have a meaningful, stakeholder-driven, consensus-seeking discussion of the goals of legal education: why do we think it matters that medical students learn about "the law"? ..
  19. Jurek T, Swiatek B, Drozd R. [Medico-legal opinionating in cases of insobriety in medical personnel]. Arch Med Sadowej Kryminol. 2009;59:72-7 pubmed
    ..The Polish law in force lacking the equivalent of Article 147 found in the Polish penal code of 1969 causes problems in penalization of insobriety in medical personnel. ..
  20. Edlich R, Mason S, Swainston E, Dahlstrom J, Gubler K, Long W. Reducing workers' compensation costs for latex allergy and litigation against glove manufacturing companies. J Environ Pathol Toxicol Oncol. 2009;28:265-8 pubmed
  21. Marques P, McKnight A. Field and laboratory alcohol detection with 2 types of transdermal devices. Alcohol Clin Exp Res. 2009;33:703-11 pubmed publisher
    ..With product improvements, transdermal sensing may become a valuable way to monitor the alcohol consumption of those who should be abstaining. ..
  22. Henry G, Enders C. Probable malingering and performance on the Continuous Visual Memory Test. Appl Neuropsychol. 2007;14:267-74 pubmed
    ..The CVMT may be a valuable adjunct to the neuropsychological test battery for evaluating effort of personal injury litigants and disability claimants undergoing forensic neuropsychological evaluations. ..
  23. Hagen M. "The nurse in me" makes me a better lawyer. Creat Nurs. 2008;14:176-7 pubmed
    ..An attorney who specializes in elder law discusses the value of her education as a nurse in providing legal services to her clients. ..
  24. Spencer B. When do latent class models overstate accuracy for diagnostic and other classifiers in the absence of a gold standard?. Biometrics. 2012;68:559-66 pubmed publisher
    ..The results are important for interpreting the results of latent class analyses. An error decomposition is presented that incorporates an error component from invalidity of the latent class model. ..
  25. Legrand A, Yomb Y, Bourrelly M, Lorente N, NKom A. MSM law in francophone Africa and the fight against AIDS: the hypocrisy of certain countries. HIV AIDS Policy Law Rev. 2010;14:13-7 pubmed
  26. Oyetunde M. A pilot study assessing litigation in health care services in Nigeria. Afr J Med Med Sci. 2011;40:85-9 pubmed
    ..Health care is a fundamental human right and so, should be provided with dignity and people should have access to dignified treatment always. ..
  27. Prainsack B, Toom V. Performing the Union: the Prüm Decision and the European dream. Stud Hist Philos Biol Biomed Sci. 2013;44:71-9 pubmed publisher
    ..Instead of telling a story of heroic science, the story of Prüm articulates the European dream: one in which goods, services, and people live and travel freely and securely. ..
  28. Traynor K. Court denies constitutional right to experimental drugs. Am J Health Syst Pharm. 2007;64:1996-7 pubmed
  29. Segal N. Mistaken identity: results and repercussions/Twin research reviews: ovarian transplants; Kidney donation; False beliefs and emotion understanding/In the news: Surfing twins; Driving twins/Tribute: Daniel G. Freedman. Twin Res Hum Genet. 2009;12:201-2; references 203-5 pubmed publisher
    ..The concluding sections survey some unusual twin pairs - and pay tribute to the late Dr. Daniel G. Freedman, known for his landmark studies of fear of strangers in infant twins. ..
  30. Waltho S. Rethinking paternalism: an exploration of responses to the Israel Patient's Rights Act 1996. J Med Ethics. 2011;37:540-3 pubmed publisher
  31. Anderson Carpenter K, Collie Akers V, Colvin J, Cronin K. The role of advocacy in occasioning community and organizational change in a medical-legal partnership. J Prev Interv Community. 2013;41:167-75 pubmed publisher
    ..This study extends the current evidence base by examining the types of advocacy efforts required to bring about community and organizational changes. ..
  32. Dunphy K. The law concerning teenage sex: do we understand it?. Int J STD AIDS. 2008;19:236-40 pubmed publisher
    ..In free text responses, many people volunteered educational needs. ..
  33. Meier B, Cabrera O, Ayala A, Gostin L. Bridging international law and rights-based litigation: mapping health-related rights through the development of the Global Health and Human Rights Database. Health Hum Rights. 2012;14:E20-35 pubmed
  34. Komatani T. Challenges to obtaining good pharmaceutical patents in Japan: 2009 and beyond. Pharm Pat Anal. 2013;2:325-40 pubmed publisher
    ..Recent court decisions are also reviewed for creating proper IP strategies in the field of pharmaceutical inventions. ..
  35. Michaud J. [Bioethical procedure: judicial experience, working of committees]. J Int Bioethique. 2006;17:61-8, 161 pubmed
    ..By using it, it is no longer a question exclusively of ethics, but of ethics applied to life sciences. From this angle it is not unjustified to accept some procedure. We shall see that in France there has been no reluctance to do this. ..
  36. Kassin S, Bogart D, Kerner J. Confessions that corrupt: evidence from the DNA exoneration case files. Psychol Sci. 2012;23:41-5 pubmed publisher
    ..We believe that these findings underestimate the problem and have important implications for the law concerning pretrial corroboration requirements and the principle of "harmless error" on appeal. ..
  37. Cornock M. Chastising a child--the legal position. Paediatr Nurs. 2008;20:30-3 pubmed
    ..At present, a parent is entitled under English law to chastise their child; this includes smacking them where doing so leaves no mark on the child. ..
  38. Desmarais S, Don Read J. After 30 years, what do we know about what jurors know? A meta-analytic review of lay knowledge regarding eyewitness factors. Law Hum Behav. 2011;35:200-10 pubmed publisher
    ..Although performance varied, a majority of lay respondents achieved "correct" consensus for as many as 11 of the 16 items included in this review. ..
  39. Liang B, Zivin J. Empirical characteristics of litigation involving tissue plasminogen activator and ischemic stroke. Ann Emerg Med. 2008;52:160-4 pubmed publisher
    ..The available evidence concerning litigation involving stroke therapy with tPA indicates liability is predominantly associated with failure to provide tPA, rather than adverse events associated with its use. ..
  40. Silk Eglit G, Stenclik J, Miele A, Lynch J, McCaffrey R. The degree of conation on neuropsychological tests does not account for performance invalidity among litigants. Arch Clin Neuropsychol. 2013;28:213-21 pubmed publisher
    ..These results support the idea that the identification of performance invalidity calls into question the reliability and the validity of all test score interpretations in an evaluation, even those with less conative load. ..
  41. Landers M, Cheung W, Miller D, Summons T, Wallmann H, McWhorter J, et al. Workers' compensation and litigation status influence the functional outcome of patients with neck pain. Clin J Pain. 2007;23:676-82 pubmed
    ..These results underscore a need for future research in this area. ..
  42. Largent B. Is it ethical to tell a patient to sue a former dentist?. J Am Dent Assoc. 2007;138:1264-5 pubmed
  43. Collins L, Crockin S. Fighting 'personhood' initiatives in the United States. Reprod Biomed Online. 2012;24:689-91 pubmed publisher
    ..The most central lessons, however, may be the degree of intensity and coordinated strategy to shift public perception that lie behind these numerous state efforts, regardless of whether the actual initiatives are won or lost. ..
  44. Gosselt J, van Hoof J, de Jong M. Why should I comply? Sellers' accounts for (non-)compliance with legal age limits for alcohol sales. Subst Abuse Treat Prev Policy. 2012;7:5 pubmed publisher
    ..To enhance compliance, it is important to raise the awareness of the importance of age limits and to connect possible violations of the regulations to negative consequences. ..
  45. Vásquez F, Cleminson R. [The banishment of the marvellous. Hermaphrodites and sexual mutants in Enlightenment Spain]. Asclepio. 2011;63:7-38 pubmed
    ..Third, the emergence of the notion of fundamental biological differences between the sexes. The article concludes by discussing the consequences of these shifts for early nineteenth-century Spanish medicine. ..
  46. New J. If you could read my mind. Implications of neurological evidence for twenty-first century criminal jurisprudence. J Leg Med. 2008;29:179-98 pubmed publisher
  47. Vandamme A, Pybus O. Viral phylogeny in court: the unusual case of the Valencian anesthetist. BMC Biol. 2013;11:83 pubmed publisher
    ..Their study illustrates the challenges and opportunities that arise from the use of phylogenetic inference in criminal trials concerning virus transmission. ..
  48. Lee T, Curfman G. Physician Speech and Firearm Safety: Wollschlaeger v Governor, Florida. JAMA Intern Med. 2017;177:1189-1192 pubmed publisher
    ..Legislative mandates that interfere with medical practice may decrease the quality of care by substituting politics and legislative judgment for medical expertise. ..
  49. Ruggiero S. Bisphosphonate-related osteonecrosis of the jaw (BRONJ): initial discovery and subsequent development. J Oral Maxillofac Surg. 2009;67:13-8 pubmed publisher
  50. Daly J, Bryant R. Professional organisations and regulatory bodies: forging and advancing the role of nurses in Australian primary care. Contemp Nurse. 2007;26:27-9 pubmed
  51. González Ortega E, Orgaz Baz B, López Sánchez F. Professionals' criteria for detecting and reporting child sexual abuse. Span J Psychol. 2012;15:1325-38 pubmed
    ..Another relevant criterion is the type of sexual act, since acts involving intercourse, digital penetration or oral sex are significantly more likely to be deemed as abuse and reported. ..
  52. Nigam S. The storytelling brain. Commentary on "On social attribution: implications of recent cognitive neuroscience research for race, law, and politics". Sci Eng Ethics. 2012;18:567-71 pubmed publisher
    ..Functional imaging will likely point to a neuroanatomical basis for compelling storytelling ability; this will presumably reflect underlying cellular and molecular mechanisms. ..
  53. Maruyama E. [Ethical issues of personal genome: a legal perspective--ethical and legal ramifications of personal genome research]. Nihon Rinsho. 2009;67:1209-13 pubmed