Among the morass of critical issues impacting the results of the midterm elections in 2022 were core public health issues related to health care access, justice, and reforms. Collectively, voters’ communal health and safety concerns dominated outcomes in key races which may shape national, state, and local legal approaches to protecting the public’s health in the modern era.

Young netizens are an emerging generator of online content, engaging in an increasing number of online flaming interactions. This shortened communication mode has incorporated power amplifiers, enabling the inclusion of both verbal and non-verbal triggers, thereby initiating abuses akin to cyberbullying. Cyberbullying has emerged as an extremely unstable hot issue, which is difficult to regulate upstream, severely impacting inexperienced young netizens. This Machiavellian apparatus proves to be sophisticated, given its powerful nature, and results in its victims being ensnared in a (...) cyber net from which they see very little escape. Laws have been enacted to combat cyberbullying, which is rampant among netizens, highly naive or actively aggressive in their use of various social media platforms. (shrink)

The development in 1996 of a new generation of antiretroviral drugs was a major pharmaceutical advancement in the struggle against the epidemics of HIV and AIDS. However, due to high costs, access to these new drugs was almost impossible for most people living with HIV or AIDS. This situatiowhas been even more dramatic for those living with HIV/AIDS in poorer countries. Many of the organizations that are fighting for the rights of those with HIV have since developed human rights advocacy (...) and legal strategies to try to achieve universal access to treatment. These organizations are also fighting for states’ compliance with human rights obligations under health-related treatises and conventions. This paper draws upon the experience gained in Latin America, focusing on the legal strategies that have been explored in Venezuela and the legal consequences for domestic law. (shrink)

The development in 1996 of a new generation of antiretroviral drugs was a major pharmaceutical advancement in the struggle against the epidemics of HIV and AIDS. However, due to high costs, access to these new drugs was almost impossible for most people living with HIV or AIDS. This situatiowhas been even more dramatic for those living with HIV/AIDS in poorer countries. Many of the organizations that are fighting for the rights of those with HIV have since developed human rights advocacy (...) and legal strategies to try to achieve universal access to treatment. These organizations are also fighting for states’ compliance with human rights obligations under health-related treatises and conventions. This paper draws upon the experience gained in Latin America, focusing on the legal strategies that have been explored in Venezuela and the legal consequences for domestic law. (shrink)

The overriding theme of the conference honoring Bob Cooter and his work is the question whether law and policy can change people’s preferences. The conventional “law and economics” answer is “no.” People have preferences that are fixed. What changes in law and policy do is to change how people behave by altering the costs and benefits people face in pursuit of their preferences. Put simply, the assumption of the “law and economics” model is that people respond to financial incentives by (...) changing how they act, not what they want. So, to take a simple example, imagine two people at the same starting point, both wanting to drive separately to visit a mutual friend. Their preference to get there promptly and safely is common to both of them, but how they act in pursuit of that goal may well differ. Moreover, government can alter how they drive to their friend’s by making changes such as putting in a freeway, or adding a new lane to the road, or installing lots of new traffic signals or stop signs along one route. The two people may have driven different routes previously, and they may alter their driving strategy in response to the policy changes government has adopted and may still decide that different routes are better for them. But they do not change their desire to see their friend in a prompt and safe manner. In this Article I offer a counterexample — an instance in which changes in law and policy can not only alter the behavior of some with fixed preferences, but also can impact the preferences of others. My example is about changes in society that can alter parenting style (of those parents with a fixed preference to have their children succeed) and can also change the underlying preferences that those children have as to how their lives should play out. (shrink)

Background: Debates over legalisation of physician-assisted suicide or euthanasia often warn of a “slippery slope”, predicting abuse of people in vulnerable groups. To assess this concern, the authors examined data from Oregon and the Netherlands, the two principal jurisdictions in which physician-assisted dying is legal and data have been collected over a substantial period.Methods: The data from Oregon comprised all annual and cumulative Department of Human Services reports 1998–2006 and three independent studies; the data from the Netherlands comprised all (...) four government-commissioned nationwide studies of end-of-life decision making and specialised studies. Evidence of any disproportionate impact on 10 groups of potentially vulnerable patients was sought.Results: Rates of assisted dying in Oregon and in the Netherlands showed no evidence of heightened risk for the elderly, women, the uninsured , people with low educational status, the poor, the physically disabled or chronically ill, minors, people with psychiatric illnesses including depression, or racial or ethnic minorities, compared with background populations. The only group with a heightened risk was people with AIDS. While extralegal cases were not the focus of this study, none have been uncovered in Oregon; among extralegal cases in the Netherlands, there was no evidence of higher rates in vulnerable groups.Conclusions: Where assisted dying is already legal, there is no current evidence for the claim that legalised PAS or euthanasia will have disproportionate impact on patients in vulnerable groups. Those who received physician-assisted dying in the jurisdictions studied appeared to enjoy comparative social, economic, educational, professional and other privileges. (shrink)

Overgeneralizations by psychologists of the research evidence on memory and eyewitness testimony, such as “memory decays with time” or “memories are fluid and malleable,” are beginning to appear in legal judgements and guidance documents, accompanied by unwarranted disparagement of lay beliefs about memory. These overgeneralizations could have significant adverse consequences for the conduct of civil and criminal law.

This study examines how the sell-side analysts interpret firms’ corporate social responsibility activities. Specifically, we examine the differential impact of overall, legal, and normative CSR on the analysts’ earnings forecast dispersion, stock return volatility, cost of equity capital, and firm value. Employing a sample of U.S. public firms during 1993–2009, we find that overall CSR intensities reduce analyst dispersion of earnings forecast, volatility of stock return and cost of capital , and increase firm value. However, its impact (...) is reduced for firms with better accounting and disclosure quality. When we disaggregate CSR into legal and normative CSR, we find that legal CSR decreases analysts’ dispersion, stock return volatility, and COC, while legal CSR increases firm value. The sell-side analysts tend to have less information asymmetry regarding the net benefits of pursuing CSR that is required by laws. We find, however, that the benefit of having normative CSR realized in 1 year lag such that analyst dispersion, stock return volatility, COC decrease, respectively, and firm value increases. Furthermore, we find that the benefit of normative CSR is offset for firms with higher accounting and disclosure quality. (shrink)

The article develops the modern significance of the legal doctrine in the post-Soviet legal system, describes its impact on lawmaking and on judicial practice. The authors argue in favor of the conclusion that the legal doctrine is an independent and important component of the Russian legal system, as it influences structuring and functioning of the legal system, and, being in demand in practice, is implemented in different components of the country’s legal system. In (...) order to strengthen the role and significance of legal doctrine in the post-Soviet space, the authors make a number of certain proposals on consideration of provisions of legal doctrine in lawmaking and in judicial practice. (shrink)

In an increasingly interconnected global community, severe disasters or disease outbreaks in one country or region may rapidly impact global health security. As seen during the responses to the earthquakes in Haiti and Japan, Typhoon Haiyan in the Philippines, and the current Ebola outbreak in West Africa, local response capacities can be rapidly overwhelmed and international assistance may be necessary to support the affected region to respond and recover and to protect other countries from the spread of disease. For (...) example, President Obama stated on September 16, 2014, that “if the [Ebola] outbreak is not stopped now, we could be looking at hundreds of thousands of people infected, with profound political and economic and security implications for all of us…. [T]his…is not just a threat to regional security — it’s a potential threat to global security if these countries break down…. And that’s why…I directed my team to make this a national security priority.”. (shrink)

Lesbian families have the potential to create families unmarked by the inequalities of power often found in cross-sex relationships. Yet, based on interviews with 27 women with children in such relationships, we find that living in a state that legally restricts the rights of nonbirth parents to child contact if the couple relationship dissolves severely undermines this possibility. Nonbirth parents engaged in three fear-induced strategies that were at odds with these couples’ desire for equitable partnership: acquiescing to the birth mother’s (...) wishes; making themselves financially, emotionally, and legally indispensable; and using communities to police partners’ behavior and ensure accountability. As a result, the potential for such families to model egalitarian family forms that would help destabilize established gender patterns is diminished. We conclude by pointing to the importance of galvanizing to remove the remaining laws prohibiting second-parent adoption and by discussing strategies for social change. (shrink)

In this paper the authors present the psychological consequences of social isolation on domestic violence during the Covid-19 pandemic as well as the legal framework in the RNM on addressing the phenomenon of domestic violence. In this age of globalization and drive for material conformity, family life is quite difficult to cope with. This “war” for material comfort during the pandemic, has strained and stressed many families as a result of the created circumstances. Public safety measures, including physical distance (...) and social isolation, which have also been implemented in the RNM have contributed in making family problems even more pronounced. Social distance and staying at home are very effective in reducing the transmission of Covid-19 virus, but these safeguards disrupt the routines of spouses and families. Domestic violence affects a large number of families, and it is estimated that in times of social isolation, all forms of violence have been inflicted against family members regardless of their gender and age. The most common forms of domestic violence during Covid-19 pandemic in our country are psychological, physical and economic violence. Some countries affected by Covid-19 have seen increases in levels of domestic violence, including violence against children, violence against partners, and violence against the elderly. This paper presents the results of research conducted which highlight the fact that during the Covid-19 pandemic, there has been an increase in levels of domestic violence in the Republic of North Macedonia in the first six months of 2020. The authors give their recommendations on the need for action by state institutions during the Covid-19 pandemic in order to adapt methods and circumstances towards the protection of victims of domestic violence. (shrink)

The Nile, one of the longest rivers in the world, has not been subjected to a uniform legal regime yet, despite the pressing needs. The hitherto proposals presented by the riparian states of the lower and upper reaches have not been unanimously accepted. Egypt and Sudan face particular difficult situation since the Nile river is their main source of water supply. It is argued that the lack of necessary coordination among all the States in the basin may in the (...) future lead to significant damage and consequences both in terms of access to water and its quality. This short study critically examines past and present initiatives undertaken to solve one of the most controversial aspects of international law in Africa. (shrink)

Abstract:This paper describes how anticipated age discrimination in the form of disparate treatment induces behavior that in effect constitutes gender discrimination. Potential employers often exhibit a common pattern of behavior that acts to discriminate against older workers entering a specific workplace. Women, at a decision-making point early in their lives, are aware of this pattern of discrimination. They perceive that it is important for them to establish their careers before they have a family because it will be more difficult for (...) them to enter the work force at a later age and excel at their careers. This anticipated age discrimination disparately impacts women, resulting in gender discrimination. (shrink)

We describe the parallel changes that have taken place in recent years in two countries, Israel and The Philippines, the former once an “exporter” of transplant tourists and the latter once an “importer” of transplant tourists. These changes were in response to progressive legislation in both countries under the influence of the Declaration of Istanbul. The annual number of Israeli patients who underwent kidney transplantation abroad decreased from a peak of 155 in 2006 to an all-time low of 35 in (...) 2011 while in the Philippines the annual number of foreign transplant recipients fell from 531 in 2007 to two in 2011. The experience of these two countries provides a “natural experiment” on the potential impact of legal measures to prevent transplant tourism. (shrink)

This study investigates how diverse European legal systems and financial structures influence corporate social and environmental responsibility. The argument is developed by means of a framework that integrates legal systems and financial structures. Hypotheses relating to environmental responsibility have been tested using Innovest data gathered between 2002 and 2007 from 645 companies in 16 countries; and hypotheses relating to social responsibility have been tested using Innovest data gathered between 2004 and 2007 from 600 companies. The findings demonstrate that (...) legal systems influence corporate responsibility (CR) in both social and environmental spheres. They also support the claim that corporations are more likely to act in environmentally responsible ways when there are strong and well-enforced state regulations in place to ensure such behavior. Company size is shown to have a greater impact on CR than either excess cash or performance. Large companies tend to be more visible than small ones do, and society expects them to behave in a more socially and environmentally responsible manner regardless of their financial performance or available cash. Finally, these findings support the hypothesis that capital structure significantly influences CR: companies with a high number of publicly held shares and a low percentage of debt are more likely than others to commit themselves to social and environmental activities. (shrink)

Today, data and intervening digital media provide critical lines of communication with our social and business connections. Even those we know personally will typically connect to us via digital means. As a consequence, data and the digital space add a third dimension to the individual: we are now mind, body and digitality. This essay considers how digitality affects outcomes for the individual by exploring the mechanisms of digital influence. By using Peirce’s theory of semiosis to explain the process of digital (...) translation, this essay demonstrates how digitality influences the development of the individual, undermines personal autonomy and changes the nature of legal personhood thereby providing points for future legal intervention. (shrink)

Being in force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods is considered to be the most successful convention promoting international trade. According to many commentators, this success is due to the fact that, amongst others, the Convention does not directly impact the domestic law of the various legal systems, as it applies only to international â?? as opposed (...) to purely domestic â?? contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes â?? through 24 country reports, as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City â?? to what extent the Convention de facto influences the domestic legal system. In particular, the book examines the Convention's impact on legal education, on the practice of law, as well as on the style of court decisions. (shrink)

Battin et al examined data on deaths from physician-assisted suicide in Oregon and on PAS and voluntary euthanasia in The Netherlands. This paper reviews the methodology used in their examination and questions the conclusions drawn from it—namely, that there is for the most part ‘no evidence of heightened risk’ to vulnerable people from the legalisation of PAS or VE. This critique focuses on the evidence about PAS in Oregon. It suggests that vulnerability to PAS cannot be categorised simply by reference (...) to race, gender or other socioeconomic status and that the impetus to seek PAS derives from factors, including emotional state, reactions to loss, personality type and situation and possibly to PAS contagion, all factors that apply across the social spectrum. It also argues, on the basis of official reports from the Oregon Health Department on the working of the Oregon Death with Dignity Act since 2008, that, contrary to the conclusions drawn by Battin et al, the highest resort to PAS in Oregon is among the elderly and, on the basis of research published since Battin et al reported, that there is reason to believe that some terminally ill patients in Oregon are taking their own lives with lethal drugs supplied by doctors despite having had depression at the time when they were assessed and cleared for PAS. (shrink)

It is well known that experts’ opinion and testimony take on a decisive weight in judicial fact-finding, raising issues and perplexities that have long been under scholarly scrutiny. In this paper I argue that expert’s opinions have a much wider impact on legal decision-making. In particular, they may generate a problem that I will call ‘the opacity of law’. A legal text, such as a statute or regulation, becomes opaque if a legal authority is not able (...) to grasp its full linguistic content but is nevertheless in a position to use it, thanks to an expert’ opinion, in legal decision-making. When this occurs, not only do experts contribute to fact-finding but also to determining the content of the law. In the paper I analyse the linguistic and cognitive sources of this phenomenon, its characteristics and troublesome consequences, and the different kinds of opacity that may affect legal decision-making. (shrink)

Self-driving vehicles offer great potential to improve efficiency on roads, reduce traffic accidents, increase productivity, and minimise our environmental impact in the process. However, they have also seen resistance from different groups claiming that they are unsafe, pose a risk of being hacked, will threaten jobs, and increase environmental pollution from increased driving as a result of their convenience. In order to reap the benefits of SDVs, while avoiding some of the many pitfalls, it is important to effectively determine (...) what challenges we will face in the future and what steps need to be taken now to avoid them. The approach taken in this paper is the construction of a likely future, through the process of a policy scenario methodology, if we continue certain trajectories over the coming years. The purpose of this is to articulate issues we currently face and the construction of a foresight analysis of how these may develop in the next 6 years. It will highlight many of the key facilitators and inhibitors behind this change and the societal impacts caused as a result. This paper will synthesise the wide range of ethical, legal, social and economic impacts that may result from SDV use and implementation by 2025, such as issues of autonomy, privacy, liability, security, data protection, and safety. It will conclude with providing steps that we need to take to avoid these pitfalls, while ensuring we reap the benefits that SDVs bring. (shrink)

It is well known that experts’ opinion and testimony take on a decisive weight in judicial fact-finding, raising issues and perplexities that have long been under scholarly scrutiny. In this paper I argue that expert’s opinions have a much wider impact on legal decision-making. In particular, they may generate a problem that I will call ‘the opacity of law’. A legal text, such as a statute or regulation, becomes opaque if a legal authority is not able (...) to grasp its full linguistic content but is nevertheless in a position to use it, thanks to an expert’ opinion, in legal decision-making. When this occurs, not only do experts contribute to fact-finding but also to determining the content of the law. In the paper I analyse the linguistic and cognitive sources of this phenomenon, its characteristics and troublesome consequences, and the different kinds of opacity that may affect legal decision-making. (shrink)

The alleged use of “Hybrid Warfare” by the Russian Federation in the annexation of the Ukrainian territory, Crimea, in 2014, thrust the term into the media spotlight and raised concerns over the lack of effective measures available to counter its use. This article investigates the use, development, impact, and legality of state-directed “Hybrid Warfare” campaigns. The first section of which examines the use and relevance of military force and strategy in the conduct of such a campaign, with further sections (...) focusing on the importance and integral nature of information, disinformation, and cyber capabilities, along with the resulting legal implications contemporary conflict faces. Hybrid strategy, capability, and doctrine will not replace traditional interstate maneuver warfare or the utilization of irregular modes of conflict. However, it does provide regional powers with a unique ability to insidiously challenge hegemonic or greater powers in such a way that better economizes their own capabilities and strategic assets. (shrink)

This article proposes a reflection on the persistence of Nazi jurisdictional models in contemporary legal theory, briefly comparing the work of authors such as Wolf, Larenz, Schmitt, Dworkin and Alexy. It aims to demonstrate the authoritarian and radically undemocratic character of certain theoretical constructions used in adjudication, particularly in Brazil. For this purpose, three representative judicial decisions from 2016 are analyzed, highlighting typical structural features of Nazi legal theory which remain accepted by current legal theory, such as (...) the disregard for legality, the personification of the community as judge and the appeal to social values which are taken as self-evident. (shrink)

Prominent among the arguments against the legalization of assisted suicide is the contention that legalization will have a disproportionately adverse, or “disparate,” impact on various vulnerable groups. There are many versions of this argument, with different advocates of this argument focusing on different vulnerable groups, and some advocates confusedly blending slippery slope and social justice concerns. Also, the weight placed on this argument by its various advocates is not uniform, with some including the argument in a list of multiple, (...) apparently similarly persuasive, reasons for not legalizing assisted suicide, while others place significant reliance on it and yet others advance the argument without any clear indication of its importance. Nonetheless, the various versions share a common core: One reason assisted suicide should not be legalized is that members of certain vulnerable groups are more likely to be pressured into requesting it, whether directly by those hostile or indifferent to their interests, or indirectly by social circumstances, such as an inability to pursue other healthcare choices. (shrink)

Prominent among the arguments against the legalization of assisted suicide is the contention that legalization will have a disproportionately adverse, or “disparate,” impact on various vulnerable groups. There are many versions of this argument, with different advocates of this argument focusing on different vulnerable groups, and some advocates confusedly blending slippery slope and social justice concerns. Also, the weight placed on this argument by its various advocates is not uniform, with some including the argument in a list of multiple, (...) apparently similarly persuasive, reasons for not legalizing assisted suicide, while others place significant reliance on it and yet others advance the argument without any clear indication of its importance. Nonetheless, the various versions share a common core: One reason assisted suicide should not be legalized is that members of certain vulnerable groups are more likely to be pressured into requesting it, whether directly by those hostile or indifferent to their interests, or indirectly by social circumstances, such as an inability to pursue other healthcare choices. (shrink)

The concept of Health in All Policies aims to improve the health outcomes associated with policies in an attempt to mitigate health disparities and provide optimal environments for healthier living. This multidisciplinary framework seeks to improve health through effective assessment and reformation of policy for organizations of any level and stature. The importance of integrating health in policy assessment and decision making is a key concept in the growing field of Health Impact Assessment.The World Health Organization defines Health (...) class='Hi'>Impact Assessment as “a combination of procedures, methods, and tools by which a policy, program, or project may be judged as to its potential effects on the health of a population, and the distribution of those effects within the population.” HIA provides a mechanism for collaboration between various sectors and disciplines bridging the gap between research, policymaking, and implementation of policies, programs, and projects affecting health outcomes. In the United States, while some HIA efforts have focused on proposed public policies, HIA has been used primarily to analyze the health effects of proposed development projects and plans related to community design and transportation. (shrink)

The concept of Health in All Policies aims to improve the health outcomes associated with policies in an attempt to mitigate health disparities and provide optimal environments for healthier living. This multidisciplinary framework seeks to improve health through effective assessment and reformation of policy for organizations of any level and stature. The importance of integrating health in policy assessment and decision making is a key concept in the growing field of Health Impact Assessment.The World Health Organization defines Health (...) class='Hi'>Impact Assessment as “a combination of procedures, methods, and tools by which a policy, program, or project may be judged as to its potential effects on the health of a population, and the distribution of those effects within the population.” HIA provides a mechanism for collaboration between various sectors and disciplines bridging the gap between research, policymaking, and implementation of policies, programs, and projects affecting health outcomes. In the United States, while some HIA efforts have focused on proposed public policies, HIA has been used primarily to analyze the health effects of proposed development projects and plans related to community design and transportation. (shrink)

Prepare for practice with the essential text dedicated to Canadian legal and ethical issues! Focused solely on the ever-changing, and often complex health care landscape in Canada, Ethical & Legal Issues in Canadian Nursing 4th, Edition expertly covers the often intertwined ethical and legal issues that health care professionals face today. This fourth edition includes discussion points at the end of every chapter along with tables and illustrations to help you fully comprehend the material. Plus, the clear (...) and straightforward writing style presents information just as you will encounter it in your day-to-day practice, ensuring you're even more prepared to make an impact from the start! -- From the publisher. (shrink)

Joining the dialogue on the relationship between the law and business ethics, Jeffrey Nesteruk and Eric W. Orts have offeredconceptions of the law as a positive influence rather than a negative curb on corporate behavior. While these “legal optimists” pursue anoble end in promoting higher ethical standards for corporations through the law, they may be overly optimistic in their suggestion that these more skillfully wielded legal models will influence corporate behavior for the better. Reviewing the basic tenets of (...) their two approaches, this paper uses corporate responses to environmental statutes to suggest that while legal optimism may offer hope for promoting corporate ethics, it has definite limitations in its current stage of development. (shrink)

Since the sharing economy is a rather new phenomenon, there is still no official definition of it in the legal framework of Croatia. The continuous development of sharing economy started a few years after the 1998 global and domestic economic crisis stroked Croatia. Namely, a total of eight platforms in the sectors of transportation, accommodation, finance, and online skills could be identified. The total market share of these platforms amounts to estimated market revenue of roughly 106 million EUR. When (...) compared to the other EU Member States, it could be noticed that Croatia falls within the group of countries with a below-average performance by a number of platforms per 1 million population, as well as in the level of revenues compared to national GDP. Figures that are more promising can be detected regarding the collaborative economy’s contribution to national employment, which positions Croatia within the EU average. Future studies should explain in greater depth how the sharing economy poses several new challenges for regulators in Croatia and countries across the EU. In particular, policymakers must comprehend the big picture and provide regulatory guidelines to manage the long-term changes in job markets, public safety, competition, and digital trust. (shrink)

Joining the dialogue on the relationship between the law and business ethics, Jeffrey Nesteruk and Eric W. Orts have offeredconceptions of the law as a positive influence rather than a negative curb on corporate behavior. While these “legal optimists” pursue anoble end in promoting higher ethical standards for corporations through the law, they may be overly optimistic in their suggestion that these more skillfully wielded legal models will influence corporate behavior for the better. Reviewing the basic tenets of (...) their two approaches, this paper uses corporate responses to environmental statutes to suggest that while legal optimism may offer hope for promoting corporate ethics, it has definite limitations in its current stage of development. (shrink)

Abstract:Joining the dialogue on the relationship between the law and business ethics, Jeffrey Nesteruk and Eric W. Orts have offered conceptions of the law as a positive influence rather than a negative curb on corporate behavior. While these “legal optimists” pursue a noble end in promoting higher ethical standards for corporations through the law, they may be overly optimistic in their suggestion that these more skillfully wielded legal models will influence corporate behavior for the better. Reviewing the basic (...) tenets of their two approaches, this paper uses corporate responses to environmental statutes to suggest that while legal optimism may offer hope for promoting corporate ethics, it has definite limitations in its current stage of development. (shrink)

The Impacts of Lasting Occupation examines the effects that Israel's decades-long occupation of Palestinian territories have had on Israeli society. The consequences of occupation are evident in all aspects of Israeli life, including its political, social, legal, economic, cultural, and psychological spheres.

The legal requirements and justifications for collecting patient-identifiable data without patient consent were examined. The impetus for this arose from legal and ethical issues raised during the development of a population-based disease register. Numerous commentaries and case studies have been discussing the impact of the Data Protection Act 1998 and Caldicott principles of good practice on the uses of personal data. But uncertainty still remains about the legal requirements for processing patient-identifiable data without patient consent for (...) research purposes. This is largely owing to ignorance, or misunderstandings of the implications of the common law duty of confidentiality and section 60 of the Health and Social Care Act 2001. The common law duty of confidentiality states that patient-identifiable data should not be provided to third parties, regardless of compliance with the DPA1998. It is an obligation derived from case law, and is open to interpretation. Compliance with section 60 ensures that collection of patient-identifiable data without patient consent is lawful despite the duty of confidentiality. Fears regarding the duty of confidentiality have resulted in a common misconception that section 60 must be complied with. Although this is not the case, section 60 support does provide the most secure basis in law for collecting such data. Using our own experience in developing a disease register as a backdrop, this article will clarify the procedures, risks and potential costs of applying for section 60 support. (shrink)

This article examines how private equity returns in Asia are related to levels of legal protection and corruption. We utilize a unique data set comprising over 750 returns to private equity transactions across 20 developing and developed countries in Asia. The data indicate that legal protections are an important determinant of private equity returns in Asia, but also that private equity managers are able to mitigate the potential for corruption. The quality of legal system (including legal (...) protections) is positively related to returns. Inefficient legal protections negatively impact transaction structures and economic certainty when exiting investments. We also find that private equity managers, irrespective of the quality of legal system they are operating within, can mitigate the potential impact of corruption. Private equity returns are higher in countries with higher levels of corruption, controlling for legal systems. This finding is consistent with the view that private equity managers bring about organizational change to alleviate the costs of corruption. Our findings are robust to inclusion of controls for Hofstede cultural variables, economic conditions, and transaction specific characteristics, as well as consideration of econometric sample selection methods for unexited investments. (shrink)