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Building on the concept of participatory regulation, this study emphasizes recognizing the multidimensional character of citizens' risk regulation preferences. Using the case of autonomous vehicles, we specify six technology‐related risks: product safety, regulatory oversight, legal liability, ethical prioritization, data protection, and human supervision. We argue that differences in these multidimensional risk regulation preferences are shaped by citizens' political beliefs, technology attitudes, and national innovation cultures. To test these hypotheses, a conjoint experiment was conducted in the United States (1188 participants), Japan (1135 participants), and Germany (1174 participants) in which respondents compared hypothetical regulation regimes for self‐driving cars, varying alongside the six regulatory risk dimensions. The findings show a universal preference for increased legal responsibility of manufacturers and more stringent safety regulations for autonomous vehicles. Political beliefs and technological attitudes had minimal impact on these preferences. Although there were some cultural differences in privacy and ethical prioritization, no systematic differences were noted across countries, suggesting the possibility of finding common ground in standardizing risk regulations for self‐driving cars. [ABSTRACT FROM AUTHOR]

In England the 2014 Children and Families Act introduced wide ranging changes to the assessment of and provision for children and young people with special educational needs and disabilities (SEND). Guidance underpinning implementation was then published in the Code of Practice. Our study focuses on a key component of that legislation, known as the 'local offer', which requires local authorities to establish and maintain, clear, comprehensive, accessible and up to date information for children and young people with SEND, and their families, about available SEND provision. Local authorities are expected to involve children and young people and their families in co‐designing and reviewing their local offer, alongside other key stakeholders, to ensure provision is responsive to local needs and aspirations. To support our assessment of local offers we first established six categories based on the criteria in the Code of Practice about expected availability of SEND‐related information (e.g. financial support, health service information, accessibility information). We used these categories to evaluate the relevant local offer websites of all 151 English local authorities with legal responsibilities for SEND assessment and provision. We further assessed whether each local offer website included three common website accessibility functions. Our findings demonstrate variation in the availability of information at local authority level, therefore limiting the ability of some young people and families to make informed decisions about the support available to them. This provides further evidence to support growing concerns about 'postcode lottery' inequities for families and their children with SEND. [ABSTRACT FROM AUTHOR]

Background: Health and social care regulators are organisations that seek to maintain public trust in professionals and protect the public from harmful practitioners. For example, they ensure that practitioners have the correct qualifications to practice and investigate any concerns raised about them. Serious concerns can result in a fitness to practise (FtP) hearing where a member of the public may be required to give evidence as a witness. Being a witness and being cross‐examined is known to often be traumatic, particularly for members of the public in criminal trials. There is some research evidence that registered professionals who are the subject of the proceedings may suffer mental ill health as result of the experience. But there is scant research that specifically explores the experiences of members of the public giving evidence in a FtP hearing. The regulator web pages are an important source of information for public witnesses to prepare themselves for a FtP hearing. Aim: This study aimed to examine the publicly available information for public witnesses from the 13 health and social care regulators in the United Kingdom to evaluate the content, amount, type and format of information available and make recommendations about how regulators can improve these. Methods: Regulator websites were searched during November 2021–February 2022 for information for the public on what happens after raising a concern with a regulator. Resources were downloaded and qualitative content analysis conducted. Our findings were validated by interviews (n = 7) with the public including people with experience of FtP and a focus group of the public (n = 5). Results: One hundred and forty‐six resources (97 webpages and 25 public facing documents, 20 videos and 4 easy read documents) were found. Topics included screening and investigation, preparing for a hearing, during a hearing and after a hearing, and support for witnesses. Discussion and Conclusion: We conclude that there are many deficiencies in the information content and its presentation for the public and some exemplars, such as the use of flowcharts and short videos to explain the FtP processes. Recommendations for practice take the form of a framework with three themes, (i) co‐production, (ii) preferred content and (iii) format. It may be used by regulators to enhance their support for members of the public as witnesses in FtP hearings. Public Contribution: Our advisory group of people with lived experience of involvement as members of the public in FtP discussed the findings and contributed to the recommendations. [ABSTRACT FROM AUTHOR]

In Trustees of the Barry Congregation of Jehovah's Witnesses v BXB, the Supreme Court held that there was a single approach to determining all cases of vicarious liability. No 'tailoring' of that approach was required either because the defendant was a religious organisation or because the tort in question was sexual abuse. It followed that the Court of Appeal had erred in placing significance on the authority conferred by the defendant on the tortfeasor to guide the behaviour of the claimant when determining vicarious liability. This note explores whether there is any role for conferred authority after Barry. To accommodate distinctions in the existing cases and contain further unwarranted expansion, it is argued that it is necessary to recognise a discrete form of strict liability for the tort of another, distinct from vicarious liability, that responds to the potential for conferred authority to be abused. [ABSTRACT FROM AUTHOR]

"Conscientious provision" refers to situations in which clinicians wish to provide legal and professionally accepted treatments prohibited within their (usually Catholic) health care institutions. It mirrors "conscientious objection," which refers to situations in which clinicians refuse to provide legal and professionally accepted treatments offered within their (usually secular) health care institutions. Conscientious provision is not protected by law, but conscientious objection is. In practice, this asymmetry privileges conservative religious or moral values (usually associated with objection) over secular moral values (usually associated with provision). In this article, we first argue for a legal right to one kind of conscientious provision: referral for procedures prohibited at Catholic hospitals. We then argue that a premise in that argument—the principle of comparably trivial institutional burdens—justifies legal protections for some additional forms of conscientious provision that include, for example, writing prescriptions for contraception or medical abortions. However, this principle cannot justify legal protections for other forms of conscientious provision, for instance, the right to perform surgical abortions or gender‐affirming hysterectomies at Catholic hospitals. [ABSTRACT FROM AUTHOR]

Objective: To investigate ED and intensive care unit healthcare professionals' perspectives and knowledge of the law that underpins end‐of‐life decision‐making in Queensland, Australia. Methods: An online survey with questions about perspectives, perceived, and actual, knowledge of the law was distributed by the professional organisations of medical practitioners, nurses and social workers who work in Queensland EDs and intensive care units. Results: The survey responses of 126 healthcare professionals were included in the final analysis. Most respondents agreed that the law was relevant to end‐of‐life decision‐making, but that clinician and family consensus mattered more than following the law. Generally, doctors' legal knowledge was higher than nurses'; however, there were significant gaps in the knowledge of all respondents about the operation of advance health directives in Queensland. Conclusions: The legal framework that supports end‐of‐life decision‐making for adults who lack decision‐making capacity has been in place for more than two decades. Despite frequently being involved in making or enacting these decisions, gaps in the legal knowledge of healthcare professionals who work in EDs and intensive care units in Queensland are evident. Further research to better understand how to improve knowledge and application of the law is warranted. [ABSTRACT FROM AUTHOR]

Young people's voices detailing how they experienced engagement with the criminal justice system following child sexual abuse, what was helpful or unhelpful and how services can be improved to minimise secondary victimisation and maximise the potential for healing are largely absent from the research literature. This paper draws on semi‐structured interviews with a culturally diverse sample (n = 47) of young people aged 14 to 25 across Ireland and Canada about their experiences of disclosure and engagement with systems. Data were collected pertaining to experiences engaging with law enforcement personnel using thematic analysis with a trauma‐informed lens. The research identified three key themes: the importance of feeling safe through kindness, transparency and being believed; the importance of having a say; and the importance of timely court processes. The study builds on the small body of qualitative research illustrating young people's lived experiences of engaging with the criminal justice system and provides empirical support for promoting a trauma‐informed approach in how police engage with young people. Guidance is offered for police professionals on how to engage with adolescents following sexual abuse. [ABSTRACT FROM AUTHOR]

Prosecutors are the key decision‐makers when it comes to plea bargaining, which is responsible for the resolution of about 90% of criminal cases. We distributed a mixed‐method survey to a national sample of 180 prosecutors to ask about their key considerations when initiating and prosecuting a criminal case. Additionally, the survey asked prosecutors to provide any information they wanted to share regarding plea bargaining. We then conducted a qualitative content analysis to comprehensively identify the factors the prosecutors discussed. We found several factors that prosecutors take into consideration when starting to evaluate a criminal case: attributes of the criminal defendant (e.g., criminal history), victim input (e.g., victim wishes), and factors specific to the case (e.g., evidence strength). Further, when asked if they would like to share anything regarding plea bargaining, some prosecutors stressed the necessity of the plea system, some shared their punishment orientations, and others discussed how they determine punishment on a case‐by‐case basis. Overall, prosecutors tended to stress criminal history as largely influential in their plea decision‐making. This study provides insight into prosecutorial plea bargain decision‐making while providing opportunity for future research. [ABSTRACT FROM AUTHOR]

This review identifes the factors influencing the relationship between physicians and patients that can lead to patients' dissatisfaction and medical complaints. Utilizing a systemic approach 92 studies were retrieved which included quantitative, qualitative, and mixed method studies. Through a thematic analysis of the literature, we identified three interrelated main themes that can influence the relationship between physicians and patients, patients' satisfaction, and the decision to file a medico‐legal complaint. The main themes include patient and physician characteristics; the interpersonal relationship between physicians and patients; and the health care system and policies, with relevant subthemes. These themes are demonstrated in a descriptive model. The review suggests areas of focus for physicians who may wish to increase their awareness around the potential sources of relational problems with their patients. Identifying these issues may assist in improvements in the therapeutic relationship with patients, can reduce their medico‐legal risk, and enhance the quality of their clinical practice. The findings can also be utilized to support andragogical principles for medical learners. The article can serve as a structured framework to identify potential problems and gaps to design and test effective interventions to mitigate these potential relational problems between physician‐patient. [ABSTRACT FROM AUTHOR]

The routine of the dental profession exposes dentists not only to medical challenges but also to ethical and legal ones. Compared to other physicians, dentists are more likely to encounter children who are victims of domestic violence. This reality exposes them to legal liability due to the reporting obligations and the risk of misdiagnosing injuries. This paper aims to examine the importance of dentists in diagnosing injuries to children caused by domestic violence and the inherent dangers of failing to make such a diagnosis. [ABSTRACT FROM AUTHOR]

This article proposes a way to reframe the English foreign act of State doctrine. The doctrine is an established rule of English common law but its contours and application remain ill‐defined, despite the Supreme Court's restatement in Belhaj v Straw. The doctrine in its current form emerges from the accretion of precedents over some 350 years, but still lacks a unifying framework bringing its different strands together. This article argues that English courts should reframe the doctrine by reference to the distinction between elements of a rule that are embedded in its definition, called 'limitations', and elements of a rule that exist separately from it, called 'exceptions'. This distinction has been developed in legal philosophy to classify the elements of wrongs as definitional elements, constitutive of liability, and defences, defeating liability. Reframed according to this distinction, the English foreign act of State doctrine can be streamlined into one, single rule, instead of the three rules set out in Belhaj v Straw. This reframing has implications for the doctrine's characterisation as one of justiciability, abstention or restraint, and its compatibility with the duty to do justice, including under the European Convention on Human Rights. [ABSTRACT FROM AUTHOR]

Taking into account one of the meanings of the expression binding precedent and stipulating a definition for that meaning, this article aims to contribute to the concept's structural characterization. By this I mean the effort to identify the legal norms on which the existence and functioning of binding precedents depend and to show that these norms constitute a group of Hohfeldian legal relations between the courts whose precedents must be followed, the courts that must follow them, and the individuals whose legal situations are as a result modified by the observance and the breach of those precedents. [ABSTRACT FROM AUTHOR]

Healthcare provision takes place in a variety of contexts, with variations of resources available to practitioners and their patients. Effects from the COVID‐19 pandemic superimposed on existing system demands have driven increasing concern about resource limitations, particularly in rural and remote settings. This article explores the legal liability of medical practitioners and healthcare services with respect to actions in negligence arising from harm to patients suffered, either partly or wholly, as a result of resource limitations. [ABSTRACT FROM AUTHOR]

In the article "Principled Conscientious Provision: Referral Symmetry and Its Implications for Protecting Secular Conscience," Abram L. Brummett, Tanner Hafen, and Mark C. Navin reject what they call the "referral asymmetry" in U.S. conscientious objection law in medicine, which recognizes rights of conscientiously objecting physicians to withhold referrals for medical interventions but does not (yet) recognize rights of physicians to make referrals for medical interventions to which they are morally committed but to which their health care institutions are morally opposed. This commentary concentrates on a second asymmetry, namely, the relationship of a health care provider's referral or nonreferral to the medical standard of care. The commentary argues that this second asymmetry seems to require action more appropriately recognized as civil disobedience than conscientious provision of referral. [ABSTRACT FROM AUTHOR]

Every day in EDs, clinicians are faced with situations where they need to decide whether to detain a patient for assessment and treatment. For patients who meet the relevant criteria, provisions of mental health legislation can be used. For other patients, clinicians often rely on so‐called 'duty of care'. This article briefly explores this complex area of law, including the relevant legislation, common law principles and grey areas. It also proposes an approach to decision‐making in this area. [ABSTRACT FROM AUTHOR]

In 1997, when Oregon became the first U.S. jurisdiction authorizing medical aid in dying (MAID), its law included a requirement that patients be legal residents of the state. Other U.S. jurisdictions legalizing MAID followed Oregon in adopting residency requirements. Recent litigation challenges the legality, as well as the justification, for such requirements. Facing such challenges, Oregon and Vermont eliminated their MAID residency requirements. More states could follow this move, for, in certain circumstances, the U.S. Constitution's privileges and immunities clause protects citizens' right to travel to secure medical care. Policy considerations could also motivate states to reexamine whether such requirements are justified in light of existing evidence of how MAID laws have been applied. [ABSTRACT FROM AUTHOR]

Following the American Recovery and Reinvestment Act in 2009, use of electronic health records (EHRs) has become ubiquitous. Accordingly, one should expect most medical professional liability cases to involve review of patient records produced from EHRs. When questions arise regarding who was involved in care of a patient, what they knew and when, or the meaning, completeness, integrity, validity, timeliness, confidentiality, accuracy, or legitimacy of data, or ways that the EHR's user interface or automated clinical decision support tools may have contributed to the alleged events, one often turns to the EHR and its audit log. This manuscript discusses lines of defense incorporated into the design, development, implementation, and use of EHRs to ensure their integrity and the types of EHR transaction logs (e.g., audit log) that exist. Using these logs can help one answer questions that often arise in medical malpractice cases. Finally, there are "best practices" surrounding EHR audit logs that health care organizations should implement. When used appropriately, EHRs and their audit logs provide another source of information to help hospital risk managers, legal counsel, and EHR expert witnesses to investigate adverse incidents and, if needed, prosecute or defend clinicians and/or health care organizations involved in the patient's care. [ABSTRACT FROM AUTHOR]

On a population level, violence shares many similarities with communicable disease states and other public health issues. Therefore, there has been a push to apply public health interventions to the problem of societal violence and for some to even identify violence as the product of a disease state (e.g., changed brain). This conceptualization could lead to the development of new risk violence assessment tools and approaches predicated more on the public health model rather than existing instruments that have often been based on inpatient mental health populations or incarcerated populations. In this article, we will discuss aspects of legal obligation for risk violence "prediction/stratification", the application of the public health communicable disease model to violence, as well as identify why it may not always translate to the individual with whom a clinician or forensic mental health evaluator interacts. [ABSTRACT FROM AUTHOR]

The Austroads Fitness to Drive Guidelines were updated in 2022. Most of the focus to date has been on Part 2 of the Guidelines, which provide guidance as to specific medical conditions. Less attention has been paid to Part 1 of the Guidelines, which cover a medical practitioner's ethical and legal obligations. This paper addresses the imbalance by considering and amplifying the obligations discussed in Part 1 of the Guidelines. [ABSTRACT FROM AUTHOR]

We use the unique nature of the director and officer liability protection law applicable to Nevada incorporated firms to study how liability protection is related to corporate tax avoidance. We find that firms incorporated in Nevada avoid 32% more federal corporate tax as a fraction of total assets than firms incorporated in Delaware, and 40% more than firms incorporated in other states. Nevada‐incorporated firms have a 15% lower cash effective tax rate and an 8% lower GAAP ETR. The results are robust to various specifications including instrumental variable and matching approaches. Greater tax avoidance is also associated with lower payouts to shareholders for Nevada‐incorporated firms. The findings are consistent with theories about the complementarity of managerial diversion and tax avoidance for firms with poor monitoring, and they demonstrate how increases in liability protection lead to the unintended consequence of greater firm tax avoidance. [ABSTRACT FROM AUTHOR]

Hospitals seeking to understand patient safety strengths and vulnerabilities in the context of mergers/acquisitions benefit more from a third‐party perspective than from a limited internal process. A well‐structured and highly‐inclusive risk assessment—involving a broad cross‐section of interviews—can be key to a successful transition of optimal health care safety during organizational changes. [ABSTRACT FROM AUTHOR]

The negative externalities of global commodity chains and existing governance gaps have received wide scholarly attention. Indeed, many sectors including forest‐risk commodities (FRCs) like soy and beef from Brazil remain largely unregulated. This article analyzes ongoing policy‐making processes at European Union level to adopt new regulations for reducing accountability gaps: one regulation of FRCs and one general, cross‐sectoral directive on human rights and environmental due diligence. This article draws on and aims to contribute to previous research into foreign corporate accountability, therein analytically distinguishing between input, output, and surrogate accountability. This study shows that new policies will likely be more comprehensive than previous supply chain regulations, while their specific institutional design and stringency are highly contested. More in general, we argue that for hardening corporate accountability, due diligence politics will need to confront important governance challenges that have limited the potential of previous regulations, such as a lack of consequentiality of reporting obligations, weak state monitoring, limited stakeholder involvement, and difficulties to establish legal liability. [ABSTRACT FROM AUTHOR]

The rapid development of autonomous vehicle technology has brought a new experience to people's daily travel. However, if a traffic accident involving autonomous vehicles occurs, it will face difficulties in vehicle accident forensic‐preservation, leakage of vehicle owner's privacy, and identifying legal liabilities. This article proposes an accident responsibility identification model for the Internet of Vehicles based on lightweight blockchain to solve the above problems. This model uses Car Forensics Master to collect evidence from the accident vehicle, and at the same time collects evidence from maintenance service providers, automobile manufacturers, transportation management departments, insurance companies, and other vehicle accident related parties and stores them in the preservation chain. We also use VPKI to protect the autonomous vehicle identity privacy. In order to improve the efficiency of the model and set up authorized access to related entities, the identification of accident liability is jointly completed by the preservation chain and the accident identification chain. In addition, we prove that the protocol proposed in the model has ideal security properties. Finally, we implement the smart contracts in the model through the Solidity language, and evaluate its performance. [ABSTRACT FROM AUTHOR]

In Byers v Saudi National Bank [2022] EWCA Civ 43 the Court of Appeal examined a seemingly straightforward question: where rights are dissipated in breach of trust, is it a necessary condition of the recipient being liable for 'knowing receipt' that the dissipation did not extinguish the beneficiary's rights? The answer sheds considerable light on the juridical nature of liability for 'knowing receipt'. This note argues that the Court of Appeal's analysis correctly supports the theory that so‐called 'recipient' liability is in fact a species of liability for breach of trust. It also examines the implications of that conclusion for the elements of, and remedies for, 'knowing receipt'. [ABSTRACT FROM AUTHOR]

This article highlights how the EU fundamental rights framework should inform the liability regime of platforms foreseen in secondary EU law, in particular with regard to the reform of the E‐commerce directive by the Digital Services Act. In order to identify all possible tensions between the liability regime of platforms on the one hand, and fundamental rights on the other hand, and in order to contribute to a well‐balanced and proportionate European legal instrument, this article addresses these potential conflicts from the standpoint of users (those who share content and those who access it), platforms, regulators and other stakeholders involved. Section 2 delves into the intricate landscape of online intermediary liability, interrogating how the E‐Commerce Directive and the emerging Digital Services Act grapple with the delicate equilibrium between shielding intermediaries and upholding the competing rights of other stakeholders. The article then navigates in Section 3 the fraught terrain of fundamental rights as articulated by the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) under the aegis of the European Convention on Human Rights and the EU Charter. This section poses an urgent inquiry: can the DSA's foundational principles reconcile these legal frameworks in a manner that fuels democracy rather than stifles it through inadvertent censorship? Section 4 then delves into the intricate relationship between fundamental rights and the DSA reform. This section conducts a comprehensive analysis of the key provisions of the DSA, emphasising how they underscore the importance of fundamental rights. In addition to mapping out the strengths of the framework the section also identifies existing limitations within the DSA and suggests potential pathways for further refinement and improvement. This article concludes by outlining key avenues for achieving a balanced and fundamental rights‐compliant regulatory framework for platform liability within the EU. [ABSTRACT FROM AUTHOR]

This article characterizes key research gaps and opportunities for scientists across disciplines to do work that informs the rapidly growing number of climate lawsuits worldwide. It focuses on research that can be used to inform legal decisions about responsibility for greenhouse gas emissions and climate damages. Relevant lawsuits include claims filed against government and corporate defendants alleging that they have violated environmental, human rights, constitutional, tort, and consumer protection laws due to their contributions to climate change and failures to control emissions. Constructive attention has recently been given to the important role of attribution science in informing some of these cases (Burger et al., 2020, https://doi.org/10.7916/cjel.v45i1.4730; Stuart‐Smith et al., 2021, https://doi.org/10.1038/s41561-021-00686-4). Here, we draw upon both the published literature and conversations with diverse legal scholars and practitioners to characterize what further climate litigation‐relevant research is most needed. In addition to key gaps in litigation‐relevant attribution science, we identify and characterize the need and opportunity for further social science research to address the causes of climate inaction, and for further cross‐disciplinary research to inform emerging legal questions on the allocation of responsibility for emissions reductions to align with temperature limits such as those set by the Paris Climate Agreement. Our primary goal is to identify areas for researchers who are interested in contributing to climate litigation and discussions about legal responsibility for climate change. We also seek to help the research community see this as a legitimate and important domain for timely, actionable scientific research. Plain Language Summary: People are increasingly turning to courts for climate remedies due to the mounting severity of the climate crisis and the inadequacy of public and private sector responses. One key goal in litigation is to establish obligations on the part of both government and corporate actors to reduce greenhouse gas (GHG) emissions, respond to climate change‐related threats, and provide redress for climate damages. This article characterizes key research gaps and opportunities for scientists across disciplines to do work that informs the rapidly growing number of climate lawsuits cases worldwide. It focuses on research that can be used to establish government and corporate responsibility for GHG emissions and climate change‐related damages. Key Points: Courts rely on physical and social science to resolve legal claims about responsibility for greenhouse gas (GHG) emissions and climate changeConversations with legal practitioners provide insight on the types of research that would inform climate litigationKey research areas include climate change detection and attribution, climate disinformation, and GHG mitigation obligations [ABSTRACT FROM AUTHOR]

This article examines homicide cases in which women have been accused of killing alongside another person or persons – an area which until now has not been examined in a Scottish context. The findings presented demonstrate that being accused of killing with another person or persons can have particularly adverse effects for women: claims of domestic abuse are more likely to be rejected and ultimately, existing tendencies to construct women as deviant within the criminal justice system will be exacerbated, resulting in more severe punishment when they are convicted under the doctrine of art and part liability. It is concluded that closer attention must be paid to the criminalisation of women who are accused of offending alongside another person or persons, particularly in Scotland where less attention has been paid to how doctrines of derivative liability operate in practice. [ABSTRACT FROM AUTHOR]

This paper uses the historic 1979 California Supreme Court decision in Royal Globe Insurance Company v. Superior Court to examine the effects of expanding insurers' legal liability in claims disputes. The decision expanded insurers' good‐faith duty to settle liability claims to the injured third‐party claimant, extending the set of eligible plaintiffs to those with the greatest incentive to sue. The legal environment created by this decision changed payoffs for insurers and claimants in third‐party claims negotiations with potential effects for insurance claiming and compensation. Using data on automobile bodily injury liability claims, we make use of the quasi‐experimental nature of this decision to examine these effects. We find that Royal Globe led to larger claimed amounts of loss and higher claim payments for claims involving only minor strain injuries. Such claims were also more likely to involve attorney representation and were less likely to be closely examined by insurers after Royal Globe. [ABSTRACT FROM AUTHOR]

In June 2022, the United States Supreme Court decision Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade, removing almost 50 years of precedent and enabling the imposition of a wide range of state‐level restrictions on abortion access. Historical data from the United States and internationally demonstrate that the removal of safe abortion options will increase complications and the health risks to pregnant patients. Because the emergency department is a critical access point for reproductive health care, emergency clinicians must be prepared for the policy, clinical, educational, and legal implications of this change. The goal of this paper, therefore, is to describe the impact of the reversal of Roe v. Wade on health equity and reproductive justice, the provision of emergency care education and training, and the specific legal and reproductive consequences for emergency clinicians. Finally, we conclude with specific recommended policy and advocacy responses for emergency medicine clinicians. [ABSTRACT FROM AUTHOR]

This article deals with two liability issues that are highly relevant for value chain responsibility in the maritime sector, in particular for safe and environmentally sound recycling of ships: liability of shipowners and ship managers for unsafe downstream value chains for end‐of‐life ships and liability of classification societies in their role under the Ship Recycling Regulation. After an introduction to the current regime of ship recycling and its shortcomings, the article first elaborates on recent developments in value chain responsibility before it presents liability as an important regulatory tool. It then analyses relevant recent case law, including by the Court of Justice of the European Union and by national courts in France, Germany and the United Kingdom, showing that liability risks for shipowners and classification organizations have increased significantly, which may have a positive impact on environmentally sound and safe ship recycling. The article concludes, however, that a clear legislative framework for liability would be preferable to avoid uncertainty and national differences. [ABSTRACT FROM AUTHOR]

Background/Aim: Peri‐anaesthetic dental injuries (PDI) represent a major source of potential malpractice claims against anesthesiologists. Studies about the medico‐legal aspects of PDI have mainly focused on liability insurance cases thus not encompassing those cases brought to court. The aim of this study was to assess the medico‐legal issues of PDI‐related liability lawsuits in France. Material and Methods: A review of judicial decisions pertaining to PDI was conducted on a French legal database, spanning the period between January 2000 and October 2021. Characteristics of decisions, patients and anesthesiologists, peri‐operative care, dental injuries, and convictions were collected when available for analysis. Results: Twenty‐four judicial decisions fulfilled the inclusion criteria and were analyzed. All cases of dental injuries took place during elective surgery, 16 in the private sector and 8 in the public sector. Most injuries concerned two or more teeth and the most predominant dental injuries were luxation or avulsion (70.8% of cases). Eight cases resulted in a final verdict in favor of the plaintiff, four in the private sector (conviction rate: 25%), and four in the public sector (conviction rate: 50%). The causes of conviction were either a lack of information (5/8), a breach in the standard of care or technical negligence (3/8). The average amount of indemnification for the plaintiff was 3614 Euros (3753 Euros in 2022 inflation‐adjusted Euros) excluding legal fees. Conclusions: The analysis of PDI‐related liability lawsuits shows that medico‐legal issues differ from those of PDI‐related insurance claims. Avulsion and luxation of multiple anterior teeth during elective surgery appear to be a risk factor for liability lawsuits. In addition, inadequacy of patient information about PDI‐risk seems to be a risk factor for conviction. Lastly, dental injuries are less at risk of civil conviction than other anesthesia‐related damages. [ABSTRACT FROM AUTHOR]

Resumen: Las métricas de la seguridad laboral basadas en la accidentabilidad, como la tasa total de frecuencia de accidentes registrables, presentan deficiencias bien documentadas. Un bajo nivel de siniestralidad no exime de responsabilidades jurídicas. La seguridad, entendida como presencia de capacidades para que las cosas salgan bien, concuerda con el concepto jurisprudencial de diligencia debida del empleador. Los autores de este artículo proponen un índice que engloba ambos elementos, midiendo las capacidades de adquirir y mantener conocimientos sobre seguridad, comprender la naturaleza de las operaciones, destinar recursos para la seguridad, responder a los riesgos, demostrar la colaboración y la conformidad, y ofrecer garantías. [ABSTRACT FROM AUTHOR]

This article explores the role of apology in addressing moral and legal responsibility for historical institutional abuse (HIA). Drawing on extensive fieldwork in Northern Ireland and the Republic of Ireland, it analyses juridical techniques within official apologies, principally by the Catholic Church, to circumvent legal responsibility for HIA: the use of language, the avoidance of tangible redress, and the preference for offering private apologies. Moving beyond the literature, it highlights a more nuanced range of legal and ideological barriers to sincere apologies: the role of canon law, the role of lawyers, and concerns with multiple audiences. The article argues that traversing the complex moral and legal dimensions of apology entails moving from the general expression of remorse and shaming of the self to the specific acceptance of harm to others and responsibility for repair. It concludes by reflecting on the core elements of 'remedial responsibility', new classifications of apologies, and their broader therapeutic value. [ABSTRACT FROM AUTHOR]

This explores what responsible business practice within the context of Malaysia, an Eastern collective society, diverging from the Western individualistic society where most Corporate Social Responsibility (CSR) research originates. A bottom‐up approach was adopted, incorporating different stakeholder perspectives of a case‐study firm, widely acknowledged for its CSR programs. Concept mapping method was selected because it is a structural conceptualization method designed to organize and represent ideas from an identified group adding structure to disorganized and subjective ideas. By using concept mapping all the various perspectives and ideas were brought together to create a single conceptualization. The findings from the concept mapping present 101 statements which produced seven clusters; Products & Services, Community Oriented, Stakeholder & Business Value, Employee Oriented, Legal & Ethical Responsibilities, Environmental & Social Oriented, and Philanthropic Oriented. These clusters covered the whole conceptual domain of Corporate Citizenship and demonstrated multiple CSR theories, including corporate sustainability, stakeholder concept, and shared value, were apparent, while also uncovering some unique aspects from the normative stakeholder perspective. The implications of this study suggest that while some aspects of globally institutionalized CSR are generically accepted, there are contextually specific aspects which need to be considered as these may contradict or conflict with the "global" standards. [ABSTRACT FROM AUTHOR]

Rationale, Aims and Objectives: Six years ago, the Supreme Court judgement in Montgomery v Lanarkshire changed medical law. It introduced a new patient‐based standard of care for the communication of treatment risks and alternatives, rejecting the doctor‐based standard that had long governed all aspects of medical negligence. This is the first systematic review to analyse the literature on Montgomery. Our aim is to appraise and synthesize the literature on Montgomery's impact on medicine and the law and to identify areas for further academic enquiry and implications for professional guidance and training. Methods: Searches were run in Medline, Embase, PsycINFO, Web of Science, Scopus, Westlaw UK, HeinOnline, and LexisNexis. Two reviewers screened papers. Extracted data was analysed and discussed by an interdisciplinary team. PRISMA guidelines were followed. Results: Of the 1134 papers identified, 100 met the inclusion criteria. These papers revealed significant disagreement on four core sets of issues, focusing on Montgomery's impact on: (1) legal and professional duties; (2) medical practice; (3) the patient experience; and (4) litigation. The first set addresses whether the case actually changed doctors' legal and professional duties, the relationship between GMC guidance and medical law, and the boundaries of Montgomery. The second explores whether the decision has incentivized defensive medicine, its resource implications, and doctors' knowledge of it. The third concerns whether and how the decision has promoted patient autonomy and involvement in their own care. The fourth focuses on whether the case has caused an increase in litigation. Conclusions: Despite the abundance of legal and medical literature on Montgomery, many issues remain unresolved. Empirical research is required for many of the questions. Doctrinal analysis informed by medical knowledge is also required to assess whether Montgomery may have unrecognized ramifications—for example, whether it will require the disclosure of risks associated with diagnostic uncertainty, where doctors advise patients without performing procedures. [ABSTRACT FROM AUTHOR]

Paying taxes to support the societies in which they operate is both a legal and ethical responsibility of business. Nevertheless, some companies work to avoid taxes, which could cause society to question the legitimacy of the organisation. Many companies provide reports on their corporate social responsibility (CSR) activities; more transparent CSR reports may help to restore the legitimacy loss associated with tax avoidance. We investigate the relationship between tax avoidance and CSR report readability among Chinese companies. We find a positive relationship between corporate tax avoidance and the readability of CSR reports. This relation is weaker among state‐owned enterprises, which may have stronger pre‐existing legitimacy owing to their relationship with the state. The relationship is also weaker among companies in less developed regions of China, which have less developed institutions to monitor organisational legitimacy. Overall, our results are consistent with the notion that CSR reporting represents an attempt to overcome legitimacy concerns arising from tax avoidance. Our findings indicate that tax avoidance and CSR reporting are alternative means of establishing legitimacy, rather than complementary reflections of an organisational culture that values (or devalues) CSR. [ABSTRACT FROM AUTHOR]

Environmental disasters, and especially floods, are among today's biggest sustainability challenges. The number and intensity of floods are increasing, challenging current governance approaches. Governments worldwide are looking to diversify their flood risk management and adaptation strategies, among others, by increasing resident involvement in flood risk governance. Such involvement of individuals shifts responsibilities from public to private actors. A clear understanding of the extent and implications of this shift is difficult to reach as theoretical perspectives on the concept of responsibility vary. Similarly, grounds for attributing responsibility for flood preparedness and response differ across countries. This lack of analytical and empirical clarity complicates academic and policy discourses on what it actually means to 'be responsible'. The current article systematises these different approaches to responsibility in flood risk governance. To improve current knowledge on residents' responsibilities in flood risk governance, we present a conceptual framework that distinguishes among four theoretical notions of responsibility: legal responsibility, accountability, perceived responsibility, and moral responsibility. These notions are elucidated with the help of examples of flood risk governance practices in the United States, Germany and the Netherlands. We find that the four notions are closely intertwined. In addition, this article documents divergences between what individuals perceive as their own responsibility in flood risk management and the responsibilities that governments assume. We conclude with a discussion on the tensions between perceived responsibilities and the other three notions. Explicit, transparent and open discussion on these tensions is needed to allow attribution of responsibility in flood risk governance and to reconsider residents' roles in particular. [ABSTRACT FROM AUTHOR]

It is very doubtful, however, that the same outcome would follow if any I individual i FOC country reformed its practices: unscrupulous owners would presumably swap flag to other FOC states instead. The existence of FOC states is a necessary causal contribution to wrongdoing by others, and the governments of FOC states are well aware of the role that they play. B. Leveraging Coastal-State Resource Sovereignty I argued in the last section that coastal states can potentially leverage their resource sovereignty in order to promote labour justice. While coastal states leveraging their resource sovereignty would shift industry incentives from the "supply" end, rendering access to stocks conditional on the observance of labour rights, port states could also exert a powerful role at the "demand" end of the chain. So-called "flag states" enjoy a kind of quasi-territorial jurisdiction over life on board ship: each vessel is a minute extension of a state's legal territory, and it is to this flag state that workers whose rights have been violated must therefore appeal for redress. [Extracted from the article]

In this article, I offer historical, jurisprudential, and moral analyses of racial eugenics campaigns against African American, Native American, and Hispanic American women. I argue that African American, Native American, and Hispanic American women were sterilized at a time in US history when doctors working for/with the Department of Health, Education, and Welfare, the Indian Health Service, and Medicaid engaged in forced and coerced sterilizations with impunity. As a result, Black and Brown women did not have equal protection of the laws nor unimpeded access to the courts. Therefore, they had few options for protecting themselves from harm or redressing their grievances against the state. For these reasons, I conclude that African American, Native American, and Hispanic American women who were sterilized without their knowledge or consent by doctors working for public health agencies ought to be awarded reparations by the United States Congress. Additionally, I conclude that federal prosecutors and the American Medical Association ought to bring criminal charges and professional sanctions against the doctors and healthcare workers involved. Finally, I conclude that medical professionals ought to engage in a nationwide effort to reconcile people in Black and Brown communities with the healthcare community in the United States. [ABSTRACT FROM AUTHOR]

In recent years, the original design manufacturer (ODM) has increasing interests in multichannel cooperation with different retailers. This paper considers the problem in which the ODM cooperates with two competing retailers. The manufacturer produces two substitute products and markets them through two competing retailers. For both products, the manufacturer bundles them with basic warranties and the retailers brand them with their own branding. We quantitatively model the product demands and derive the optimal decisions under two common supply chain power structures: manufacturer Stackelberg and retailer Stackelberg. We observe that when the competition between the two retailers becomes fiercer, the manufacturer charges more for both products, the product substitutability and supply chain power structures do not affect the products' price and warranty decisions, and there does exist a brand ratio interval in which the product branded by the high‐reputation retailer will not get a better warranty from the manufacturer, violating the signalization of the warranty. The leader gets the power to get higher profit while the total profit of the whole supply chain remains the same under both power structures. [ABSTRACT FROM AUTHOR]