Public Health Law & Policy最新文献_第9页

Regulating Commercial Sex 规管商业色情

Public Health Law & Policy Pub Date : 2006-07-19 DOI: 10.2139/ssrn.918402

Jim Leitzel

引用次数: 0

Reducing Spanish Socio-Economic Inequalities in Health: The Influence of Tobacco Consumption 减少西班牙社会经济在健康方面的不平等：烟草消费的影响

Public Health Law & Policy Pub Date : 2006-07-04 DOI: 10.2139/ssrn.913970

M. Pascual

引用次数: 0

Moral Hazard and the Role of Users in Learning from Accidents 道德风险和使用者从事故中学习的角色

Public Health Law & Policy Pub Date : 2006-05-26 DOI: 10.1111/j.1468-5973.2006.00485.x

Emmanuelle Fauchart

{"title":"Moral Hazard and the Role of Users in Learning from Accidents","authors":"Emmanuelle Fauchart","doi":"10.1111/j.1468-5973.2006.00485.x","DOIUrl":"https://doi.org/10.1111/j.1468-5973.2006.00485.x","url":null,"abstract":"Most technological accidents studied in the literature consist of a single event occurring in a single location (Challenger, Chernobyl, Ariane 5, Bhopal, etc.). However, a significant number of accidents comprise a series of incidents taking place in multiple and unconnected locations. This may happen whenever a given technology is used by multiple decentralized users - as is the case for medical devices or diving equipment, for instance. In this paper, we argue that such a structural characteristic raises specific problems and issues in terms of learning from accidents. We focus on a specific issue and problem: information asymmetries between the users and the manufacturer in favor of the manufacturer and the risk of moral hazard that they can induce. Using second hand information on a well known case (Therac-25), we show how the manufacturer behaved opportunistically when it came to learn from a series of decentralized incidents and we argue that this opportunism was made possible by information asymmetries. Following predictions from the principal-agent theory, we then argue that for users to monitor manufacturers' behavior in a sense favorable to the taking place of learning from accident, it is necessary to ensure communication among users of risky technologies. Besides reducing information asymmetries conducive to moral hazard this would moreover improve risk prevention. Yet, as communication among decentralized users is unlikely to arise spontaneously in most cases, we argue that this makes the case for public intervention in the form of publicly sponsored user groups.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"182 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115409340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 11

Does Job Satisfaction Improve Health? New Evidence Using Panel Data and Objective Measures of Health 工作满意度能改善健康吗?使用小组数据和客观健康测量的新证据

Public Health Law & Policy Pub Date : 2006-05-01 DOI: 10.2139/ssrn.955734

J. Fischer, A. Sousa-Poza

引用次数: 6

Obesity, Employment and Wages in Europe 欧洲的肥胖、就业和工资

Public Health Law & Policy Pub Date : 2006-05-01 DOI: 10.2139/ssrn.1001629

Jaume Garcia I. Villar, C. Quintana‐Domeque

引用次数: 108

Irbs and Psychological Science: Ensuring a Collaborative Relationship Irbs与心理科学:确保合作关系

Public Health Law & Policy Pub Date : 2006-04-01 DOI: 10.2139/ssrn.899605

T. Eissenberg, S. Panicker, S. Berenbaum, Norma Epley, M. Fendrich, Rose-Anne Kelso, L. Penner, M. Simmerling

{"title":"Irbs and Psychological Science: Ensuring a Collaborative Relationship","authors":"T. Eissenberg, S. Panicker, S. Berenbaum, Norma Epley, M. Fendrich, Rose-Anne Kelso, L. Penner, M. Simmerling","doi":"10.2139/ssrn.899605","DOIUrl":"https://doi.org/10.2139/ssrn.899605","url":null,"abstract":"Institutional Review Boards (IRBs) are federally-mandated, locally-administered groups charged with evaluating risks and benefits of human participant research at their institution. To a greater or lesser extent, risks and potential benefits exist in virtually any research with human participants, including research in the behavioral/social sciences. Federal law and APA standards require IRB review of all human participant research projects. IRB review and approval will likely bring an investigator into contact with two in- ter-related groups: the IRB and the professional staff that administers IRB activities. Due to a variety of factors, including increased IRB and faculty workload and enhanced federal oversight, the potential for conflict among IRB members, IRB administrators, and investigators may be great. Indeed, anecdotal evidence suggests that this potential for conflict may be particularly high for behav- ioral scientists, and that dissatisfaction with IRB review may jeopardize compliance with federal regulations, research participant protection, and research itself. The purpose of this paper is to suggest specific strategies that IRB members, IRB administrators, and investigators can use to avoid potential conflict and facilitate human research participant protection. We contend that when these groups understand and face these responsibilities collaboratively, conflict will be minimized and safe, ethical, high quality research will flourish.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125024184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 9

Behavioral Economics, Neurophysiology, Addiction and the Law 行为经济学，神经生理学，成瘾与法律

Public Health Law & Policy Pub Date : 2006-03-18 DOI: 10.2139/SSRN.892007

M. Corrado

{"title":"Behavioral Economics, Neurophysiology, Addiction and the Law","authors":"M. Corrado","doi":"10.2139/SSRN.892007","DOIUrl":"https://doi.org/10.2139/SSRN.892007","url":null,"abstract":"Has science anything to tell us about responsibility? Addiction is a particularly interesting test case. Two fields of science, behavioral economics and neurophysiology have lately given us a great deal of information about addiction, much of which may be useful to the law. When it comes to addiction, unfortunately, the two fields seem to point in opposite directions. Economics has provided us with models of addictive behavior based upon the supposition that addiction is the result of choice, a development that appears to support the conclusion that addictive behavior is not the product of \"non-volitional forces.\" If addictive behavior can be fully accounted for in terms of the addict's choices, and if there is no need to postulate the existence of forces overwhelming the addict's will, is there any reason not to hold the addict fully responsible for what he does? Neurophysiology, on the other hand, has demonstrated that substance abuse causes significant changes in brain physiology, which appears to support the conclusion that addiction is a disease. If addiction corresponds to physical changes in the nervous system, then addiction is a disease, and addictive behavior is merely a symptom of the disease. We may be responsible for contracting a disease, but can we be held responsible for the symptoms once we have it? Science does have a good many things to tell us about addiction, but so far whether or not the addict is responsible for what he does is not among them. The fact that choice theories - rational addiction, behavioral economics - can develop models in which addiction is the result of choice should not surprise us: Did anyone ever believe that addicts did not intend to do what they were doing? Did anyone ever believe that addicts did not choose to do what they did? The question has always been whether those choices were free, and whether the addict was fully in control of his choices. That is the question that the law must deal with, and in this paper I argue that choice theories have nothing to say to that question. Neurophysiology, on the other hand, has made remarkable strides in tracing down the effects of heavy drug use on the brain. But that behavior should effect brain changes is not by itself remarkable, and does not entail that behavior is not fully voluntary. There are three possible conclusions. The first is that although science has yielded no results so far, we may hope for results in the future. The general nature of the arguments against drawing conclusions about responsibility from the existing literature makes that, if not entirely a vain hope, at least implausible. The second is that responsibility is simply one of the areas of human experience that is cut off from science; there must, therefore, be other ways of knowing what we do about addiction, control, and responsibility. And the third conclusion may be the most pessimistic of all, namely that responsibility itself is a confused notion, and that we should be skepti","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129638781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Role of Science in Risk Regulation Under the Sps Agreement Sps协议下科学在风险监管中的作用

Public Health Law & Policy Pub Date : 2006-02-01 DOI: 10.2139/ssrn.891114

L. Gruszczynski

{"title":"The Role of Science in Risk Regulation Under the Sps Agreement","authors":"L. Gruszczynski","doi":"10.2139/ssrn.891114","DOIUrl":"https://doi.org/10.2139/ssrn.891114","url":null,"abstract":"This paper attempts to present a comprehensive and coherent picture of the role performed by science under the Sanitary and Phytosanitary Measures (SPS) Agreement and SPS case law. It argues that the approach adopted by the Appellate Body is predominantly based on a technical paradigm, supplemented, however, with some considerations arising from other paradigms. The paper argues that the approach adopted in the case law is generally compatible with the text of the SPS Agreement and provides a coherent SPS system. However, it also identifies certain areas which lack coherence, as certain standards seem to violate the right of the member states to establish an appropriate level of protection. These are: ascertainability of the risk as a precondition for valid risk assessment; strict specificity of the risk assessment in low-risk situations; the proportionality between the risk identified and the SPS measure; the notion of negligible risks; and the concept of likelihood in the quarantine risk assessments. The paper claims that these standards cannot be generally applied in SPS disputes as, in certain situations, they will result in the violation of the right of member states to establish an appropriate level of SPS protection. Finally, a number of specific issues are highlighted which require further clarification in case law, such as the issue of the quality of minority scientific opinions and the relationship between the insufficiency of scientific evidence and scientific uncertainty. The paper suggests that the ultimate role ascribed to science under the SPS Agreement can be assessed only after an interpretation of those issues is provided by future case law.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129643772","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Better Regulation by New Governance Hybrids? Governance Models and the Reform of European Chemicals Policy 新混合治理能更好地监管?治理模式和欧洲化学品政策改革

Public Health Law & Policy Pub Date : 2006-02-01 DOI: 10.2139/ssrn.926980

C. Hey, K. Jacob, A. Volkery

{"title":"Better Regulation by New Governance Hybrids? Governance Models and the Reform of European Chemicals Policy","authors":"C. Hey, K. Jacob, A. Volkery","doi":"10.2139/ssrn.926980","DOIUrl":"https://doi.org/10.2139/ssrn.926980","url":null,"abstract":"The EU is presently in a transition phase from environmental policy making by law towards other governance approaches based upon networking, voluntary commitments, benchmarking and other forms of soft law. Those new governance approaches often claim to lead to better regulation, while adopting a more consensus oriented and participatory style, taking economic aspects more seriously into account, allowing for more flexibility and autonomy for the private sector and Member States alike, mobilising a broader knowledge base or adopting more integrated and holistic approaches than previous sectoralised and compartmentalised policies. While the limitations of traditional regulatory approaches are widely accepted and cited, it is far from evident, that new modes of governance have greater capacity to solve problems than the old ones. There is an argument, that better regulation might by synonymous to a withdrawal and weakening of the regulatory state and hence effectively of the aspirations and objectives of environmental policies. An interesting case for an approach, combining the strengths of the old and the new approaches is the ongoing reform of chemicals policies. While some observers claim, that the proposed directive REACH might belong to the outdated category of overcomplex and bureaucratic regulation, a closer look shows that there is lots of new forms of governance in REACH. This mixture or old and new may open a more realistic and promising perspective on the reform of European policy making. In our paper we will assess the effects and the interplay of the combination of different modes of governance using the example of REACH. We are particularly concerned with the question in how far the representation of interests may change when new modes of governance are introduced.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"47 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113979913","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 60

The Legal Framework for Meeting Surge Capacity Through the Use of Volunteer Health Professionals During Public Health Emergencies and Other Disasters 在突发公共卫生事件和其他灾害期间通过使用志愿卫生专业人员来满足激增能力的法律框架

Public Health Law & Policy Pub Date : 2005-12-01 DOI: 10.2139/SSRN.1016166

J. Hodge, Lance Gable, Stephanie H. Calves

{"title":"The Legal Framework for Meeting Surge Capacity Through the Use of Volunteer Health Professionals During Public Health Emergencies and Other Disasters","authors":"J. Hodge, Lance Gable, Stephanie H. Calves","doi":"10.2139/SSRN.1016166","DOIUrl":"https://doi.org/10.2139/SSRN.1016166","url":null,"abstract":"Recent events such as Hurricane Katrina and the global SARS outbreak underscore the importance of having public health and medical systems that are prepared to increase surge capacity in a variety of emergency scenarios. A core component to increasing surge capacity is the availability of skilled health professionals to supplement the existing health workforce. This article examines the legal context volunteer health professionals find themselves in during public health emergencies and disasters. In addition, the article makes several recommendations about how to refine the law to increase the availability of volunteer health professionals during public health emergencies and disasters. First, states should incorporate advance registration systems and protections for volunteers into laws that authorize emergency preparedness and response efforts. These laws should explicitly define the powers of state government during emergencies and clarify the legal provisions applicable to VHPs and the entities or organizations that may rely on them. Second, a floor of legal protections for volunteers is essential to achieve a minimum level of uniformity among the states and facilitate multi-jurisdictional cooperation in emergency response. Third, the scope and breadth of state based volunteer registries must be expanded to ensure comprehensive and coordinated emergency response efforts among states. Fourth, laws must ensure balanced civil liability protections for VHPs and their host entities by creating responsible immunity protections and alternative mechanisms to compensate injured patients. Fifth, states are encouraged to enact laws and regulations providing for license portability during emergencies. Sixth, VHPs should be vested with workers' compensation protections for injuries, disabilities, or deaths experienced while carrying out their duties. Finally, state and federal laws should confer robust privacy protections on volunteer registries, implement fair information practices to allow VHPs and patients to access and verify registry data, and simultaneously ensure responsible access to and use of registry information to mount an effective response.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129197514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 22