American Journal of Law & Medicine最新文献

{"title":"Development of Rotterdam Rules for Harmonisation of Legal Instruments based on Economic and Political Conditions of UNIDROIT for Renewable Energies of Carbon Emissions","authors":"Z. Llarena","doi":"10.47672/ajl.1320","DOIUrl":"https://doi.org/10.47672/ajl.1320","url":null,"abstract":"Purpose: Commercial transactions have binding obligatory and regulations that are restricted within a particular jurisdiction. However, the bill of lading for international carriage of goods must be performed and exercised resulting to extension of executory principles based on International Commercial Contracts (UNIDROIT) with a particular focus of interest on renewable energies for corporate economic goals towards sustainable development. This paper aims to develop statutory interpretation, based on Rotterdam Rules, to show the relationship between waste to energy technology and sustainable development. This helps in illustrating environmental tax for carbon emissions of energy management based on life cycle of drugs. \u0000Methodology: Life cycle of drugs involves contractual agreements pertaining to sustainable development and waste to energy technologies. Its carbon emissions must be properly controlled and diverted to renewable energies in order to fulfill the economic success and political safety of sustainable development. The carriage of goods by sea involves legal instruments, such as Hamburg, Hague, and Hague-Visby Rules under principles of International Commercial Contracts (UNIDROIT). Rotterdam Rules covers a broader spectrum and more substantial elements of regulatory functions encompassing Hague, Hague-Visby, and Hamburg Rules. \u0000Findings: Development of carbon tax is a statutory interpretation for economic success of the company towards philanthropic sustainable development in relation to public interests of human rights. Rotterdam Rules developed a means to enforce the substantial elements for validity of Hague, Hague-Visby, and Hamburg Rules in terms of carbon emissions for renewable energies based on sustainable development goals. Hence, the waste to energy technology provided a means of interpreting their economic progress in relation to law of the environment comparable to another jurisdiction. \u0000Recommendation: In order to achieve economic and political stability, there must be a functional equivalence between waste to energy technology and sustainable development, hence, carbon emissions from commercial transactions of International Carriage of Goods must not serve as an impediment to economic success based on laws of the company and the environment, thus, it must fulfill the goals of political sustainable development resulting to renewable energies.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"18 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78954937","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of the Justice Sector Stakeholders in Curbing the Menace of Sexual and Gender Based Crisis in Nigeria","authors":"J. A. M. Agbonika, J. San","doi":"10.47672/ajl.1310","DOIUrl":"https://doi.org/10.47672/ajl.1310","url":null,"abstract":"Purpose: This paper examines the role of justice sector stakeholders in Nigeria in curbing the menace of sexual and gender based crisis in Nigeria. Gender-based violence (GBV), is one of the oppressive forms of gender inequality posing a fundamental barrier to the equal participation of women and men in social, economic, and political spheres. Acts of gender-based violence affect the lives, health and wellbeing of millions of women, girls, boys and men worldwide. Gender-based violence takes place in all societies and all cultures. It includes female genital mutilation, female infanticide, child marriage, physical abuse, sexual harassment, mental or economic harm inflicted on a person because of socially ascribed power imbalances between males and females. Lack of access to justice institutions and mechanisms contribute to culture of impunity for violence and abuse. Girls and women may also experience gender-based violence when they are deprived of nutrition and education. Gender based crimes are grossly under-reported, especially when it is against the male folks and within a family setting or close affinity environment. While it is widely believed that women are much more likely than men to be killed by their intimate partners or family members, as a result of GBV, the nature of deaths when it involves men (excessive brutality, mutilation of diseased body, poisoning) is beginning to cast aspersion on that assumption. \u0000Methodology: The doctrinal research was used in carrying out this research. Both secondary and primary sourced materials such as textbooks, journals, internets, case laws etc. were used. \u0000Findings: Finding revealed that the gaps in criminal law and procedure, gender stereotypes, victim blaming, non-conviction of the aggressor and inadequate/inappropriate responses of the criminal justice institutions and professionals to GBV lead to secondary victimization as well as the likelihood of use of self-help. \u0000Recommendation: To address these, advocacy message should be directed to the perpetrators. Religious leaders, traditional rules, lawyers, media houses, Civil Society Organisation among others are enjoined to take proactive measures in addressing this menace.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"140 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73273787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Appraisal of the Jurisdictional Issues Confronting Prosecutors of Tax Related Disputes and Constitutional Bottlenecks","authors":"J. A. M. Agbonika, Josephine A. A. Agbonika San","doi":"10.47672/ajl.1309","DOIUrl":"https://doi.org/10.47672/ajl.1309","url":null,"abstract":"Purpose: This paper examines the jurisdictional issues confronting tax enforcements, prosecution and other related issues. Jurisdiction over taxes administered at both the federal and state levels is determined by the legal personality of the taxpayer and place of residence for individuals. The Federal High Court, State High Courts and Tax Appeal Tribunal are vested with jurisdiction to hear and determine tax disputes. The Tax Appeal Tribunal is vested with jurisdiction to hear disputes arising from the operations of the Federal Inland Revenue Service. Tax disputes can be commenced either by the taxpayer or by the relevant tax authority. In practice, administrative channels within the relevant tax authority are usually the first step for resolution of tax disputes. Unresolved disputes proceed to the Tax Appeal Tribunal or Federal High Court, or where the tax is a State tax, to the State high court. The doctrinal research was used in carrying out this research. \u0000Methodology: Both secondary and primary sourced materials such as textbooks, journals, internets, case laws etc. were used. \u0000Finding: Finding reveals that there have been jurisdictional controversies confronting the constitutionality of TAT decision as well as the regular courts causing serious bottleneck for tax prosecutors. \u0000Recommendation: It is recommended that in order to ensure tax compliance, effective resolution of tax disputes and proper administration of tax system, the issue of jurisdiction must be clearly spelt out.","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"28 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90845767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Puerto Rico's Attempts to Address a Public Health Crisis Struck Down by the United States Court of Appeals for the First Circuit.","authors":"Minji Kim","doi":"10.1017/amj.2023.10","DOIUrl":"https://doi.org/10.1017/amj.2023.10","url":null,"abstract":"<p><p>This RCD discusses a recent decision by the United States Court of Appeals for the First Circuit that struck down Puerto Rico's Act 90-2019, which aimed to regulate pay structures for Medicare Advantage insurers in Puerto Rico. The court found that the provision in Act 90, known as the \"Mandated Price Provision,\" is preempted by federal law. However, the author argues that the court's decision did not adequately consider the congressional intent of the Medicare Advantage Act in weighing the public health crisis in Puerto Rico. The RCD provides background on the Medicare Advantage program and Act 90 and explains how Act 90 aimed to eliminate insurers' practice of paying providers at rates below the CMS's minimum reimbursement rates under the traditional Medicare program. The article concludes that the court's decision inadequately considered the larger purpose of the Medicare Advantage Act and the relevant public health crisis in Puerto Rico.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 4","pages":"481-486"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9309580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"AMJ volume 48 issue 4 Cover and Front matter","authors":"","doi":"10.1017/amj.2023.12","DOIUrl":"https://doi.org/10.1017/amj.2023.12","url":null,"abstract":"","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 1","pages":"f1 - f7"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47891605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pelvic Exam Laws in the United States: A Systematic Review.","authors":"Mihael Plantak,&nbsp;Scott M Alter,&nbsp;Lisa M Clayton,&nbsp;Patrick G Hughes,&nbsp;Richard D Shih,&nbsp;Monica Mendiola,&nbsp;Joshua J Solano","doi":"10.1017/amj.2023.4","DOIUrl":"https://doi.org/10.1017/amj.2023.4","url":null,"abstract":"<p><p>Laws regulating patient care are an essential component of protecting patients and doctors alike. No studies have previously examined what laws exist regarding pelvic examinations in the United States (US). This study systematically reviews and compares regulation and legislation of pelvic examinations in the U.S. and provides a comprehensive resource to educate clinicians, patients, and lawmakers. Each of the fifty States in the U.S. was included. The primary outcome was existence of any pelvic or rectal exam laws. Data was obtained for the type of examination defined within the law, exceptions to the law, to whom the law applied to, the type of consent required, and to whom the consent applied to. Laws were identified from each of the individual state legislative websites. All sections of each law pertaining to pelvic examination were reviewed and organized by state. Descriptive statistics were performed for each of the variables, including frequencies of each amongst the fifty states. State regulation for pelvic examinations varied from no law or regulation to laws pertaining to pelvic, rectal, prostate, and breast examination performed in any context. As of November 22, 2022, there are twenty states (40%) with pelvic examination laws applying to anesthetized or unconscious patients. Thirteen additional states (26%) have proposed pelvic exam laws. Seventeen states (34%) do not have any laws regarding pelvic examinations. Regulation of pelvic examinations has become an increasingly important issue over the past few years in response to growing concerns of patient autonomy and the ethical issues raised by such sensitive examinations. While pelvic examination laws that balance protection for patient autonomy and the needs of caregivers and educators exist in much of the U.S., more work needs to continue in consultation with physicians and health care providers to ensure that all states have reasonable laws protecting the autonomy of patients while also maintaining quality of care.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 4","pages":"412-419"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9314749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Balancing Act in Regulation Between the FDA and the Court's Role in Promoting Children's Health: <i>In re: Gerber Products Company Heavy Metals Baby Food Litigation</i>.","authors":"Daniela Del Campo","doi":"10.1017/amj.2023.8","DOIUrl":"https://doi.org/10.1017/amj.2023.8","url":null,"abstract":"<p><p>Infantile food products have been at the forefront of litigation in the recent year for unsafe standards set forth by their developing companies. This recent case development explores how the Court decided on a suit brought forth against Gerber for toxic levels of heavy metals in their food. Their opinion shines a light on how upcoming larger cases against Abbott Industries for unsafe milk products might be handled. The author urges the Courts and the FDA to work together to resolve these cases in the interest of pediatric public health.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 4","pages":"469-471"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9309575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Recalibrating Transplant Eligibility Criteria: Ensuring Equitable Access to Organ Transplantation for Intellectually Disabled Persons.","authors":"Adam Peña","doi":"10.1017/amj.2023.3","DOIUrl":"https://doi.org/10.1017/amj.2023.3","url":null,"abstract":"<p><p>The American with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act have made little progress towards preventing disability-based discrimination within the organ transplant evaluation process. Intellectual and developmental disabilities (I/DD) pose a unique problem for transplant teams and transplant physicians because I/DDs can simultaneously be a legitimate contraindication for transplantation and a mechanism for invidious discrimination against intellectually disabled persons. A culprit for ongoing disability-based discrimination is a transplant center's authority to develop its own eligibility criteria. While medical criteria for eligibility are generally well-settled, psychosocial criteria - an amorphous constellation of risk factors for post-transplant success - can serve as a facially neutral disguise for social worth determinations of individuals with I/DDs. Consequently, individuals with I/DDs are unjustifiably denied eligibility for organ transplantation and transplant-related services.This Article begins by identifying the pitfalls of current federal antidiscrimination legislation. It then discusses the foreseen benefits and drawbacks of House Resolution (H.R.) 8981, a recently proposed federal bill, that expressly prohibits disability-based discrimination within the organ transplant evaluation process. The Article ends by offering potential solutions for professional organizations and transplant centers that aim to provide for equitable access to organ transplantation and transplant-related services for intellectually disabled individuals.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 4","pages":"380-411"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9314744","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Hairdos and Help-seeking: Mandatory Domestic Violence Training for Salon Workers.","authors":"Julia Novick","doi":"10.1017/amj.2023.6","DOIUrl":"https://doi.org/10.1017/amj.2023.6","url":null,"abstract":"<p><p>Traditional methods to prevent and respond to domestic violence include criminal laws, national hotlines, and community programming to promote healthy relationships. Despite these methods, domestic violence continues to be a prevalent public health issue. In recent years, some states began to focus prevention and intervention efforts on the beauty industry. States including Arkansas, Illinois, Tennessee and Washington enacted laws that mandate domestic violence training for salon workers and other beauty professionals. The laws largely require salon workers to attend an informational training on domestic violence before obtaining or renewing their license. However, they do not require any affirmative action on the part of the salon worker if the client discloses that he or she is experiencing domestic violence. This paper investigates how the legislation uses the historically close relationship between hairdressers and their clients in order to achieve a unique way of reaching domestic violence victims, as well as the drawbacks to the legislative structure and atypical public health approach.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 4","pages":"435-446"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9314745","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Synthetic Biology: State Regulation in the Biomedical Context.","authors":"Julia Watson","doi":"10.1017/amj.2023.7","DOIUrl":"https://doi.org/10.1017/amj.2023.7","url":null,"abstract":"<p><p>Synthetic biology is an emerging, interdisciplinary research field with much promise for biomedicine. Broadly defined as \"the design and construction of new biological systems to perform specific tasks,\" researchers and clinicians are using synthetic biology to develop targeted treatments for cancer, coronaviruses, and so forth. Because of the experimental nature of synthetic biology, regulation is necessary. Current federal frameworks, such as the Food, Drug, and Cosmetics Act, The Toxic Substances Act of 1976, Institutional Review Boards, and self-regulation are not enough. As a result, states have a unique opportunity to develop statutory and regulatory frameworks to develop a pathway for regulating synthetic biology. In developing legislation, state lawmakers should look to build a comprehensive framework that addresses businesses selling technology for synthesizing DNA codes, monitors orders for synthetic DNA, and develops statewide documentation systems. Additionally, public health information on treatments using synthetic biology can help to educate the public and reduce the prevalence of misconceptions about the technology. In the absence of federal regulation, states should step into the synthetic biology regulatory space to ensure that their citizens are not harmed by therapies developed using synthetic biology.</p>","PeriodicalId":7680,"journal":{"name":"American Journal of Law & Medicine","volume":"48 4","pages":"447-468"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9309574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}