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Objectives This study aimed to summarise the competencies and legal position of the dental hygienist (DH) regarding oral radiology through a worldwide review. Methods A structured and peer-reviewed online questionnaire of 27 questions was developed. This was emailed to all DH associations that are members of the International Federation of Dental Hygienists (IFDH) or European Dental Hygienists Federation (EDHF). After obtaining the data, all responding associations were contacted to confirm that the data were summarised in the correct order and were asked to provide further clarification of answers if necessary. A descriptive analysis was performed to summarise the data. Results The response rate was 84%, as 26 out of 31 countries completed the questionnaire. In 78% of the countries, the DH can legally take intraoral radiographs, but in 42% of the countries, the dentist first needs to provide a referral or indication for a radiograph. In 46% of the countries, the DH may not formulate a diagnosis based on a radiograph. In only 27% of the countries, the DH can independently own radiographic equipment. Conclusions The required qualifications, skills, and scope of practice of the DH regarding oral radiology vary by country and, within some countries, even vary by state or province.

A Divisive Ruling on Devices The FDA has long taken the legal position that regulated devices could also be categorized as drugs. But according to a recent case, products meeting the definition of ...

There are different factors and basis for appointment of directors in a company’s board. Some of them are appointed based on their expertise in the respective sectors or industries as independent directors in the board, while others may be appointed by creditors or major shareholders or interest group as nominee director. Just like all directors, nominee directors are expected to act in the best interests of the company to which they are appointed. Further, they also owe the same legal fiduciary duties to the company similar to other directors. Nominee directors bears additonal expectation as they do not only manage and perform in the company’s board, but they are commonly expected by their appointers to represent the interest of the appointers in any commercial decisions made by the board of the company and also to update the appointers on the company’s performance from time to time. The objective of this paper is to study the duties owed by nominee directors in the event of conflicts of interest that possibly occurs between the company where they are sitting as board members and their appointers. The study will focus on the law governing them in Malaysia. This research adopted qualitative analytical method in which books, article journals, internet sources and other relevant documents are analysed. It was found that it is very crucial for the nominee directors to observe certain rules pertaining to their duties and involvement in decision making in order to mitigate such conflicts.

Considering that the documentary letter of credit is the most frequently used instrument of free foreign currency payments, as well as that the correspondent bank is an almost indispensable participant in the international letter of credit transaction, this paper is dedicated to analysing its position. The correspondent bank may take on the role of advising a letter of credit to a beneficiary, honour presented documents, or add its confirmation to a letter of credit. Depending on whether it appears as an advising, nominated or confirming bank, its rights, obligations, and responsibilities will be determined. This paper discusses the legal position of the correspondent bank depending on the role it plays, but also the liability of the issuing bank for the damage that the correspondent bank causes to the beneficiary by its actions.

A person or a human community needs learning (the need for knowledge, skills, and attitudes) to emerge, so there should be non-formal education. It’s in this capacity that non-formal education is said to be multi-audience, not only in terms of age, but also individual and social characteristics such as gender and gender, demographics, geography, occupation, formal educational background, and so on. Various problems are still often faced by these non-formal educators, where they should be guaranteed protection under the law. In fact, non-formal educators continue to experience discomfort conditions without an adequate protection system. Legal efforts to improve the status of non-formal educators according to the national education system, so that non-formal educators haven’t been recognized by the government even though they are temporary teachers who work in private educational institutions, so they haven’t received the protection and protection of the government as provided to teachers. Civil servants and private teachers.

—Village Credit Institutions (LPD) as an institution established specifically for the sake of the welfare of the Pakraman Village community, Village Credit Institutions do not serve outside of the Pakraman Village area where the Village Credit Institution operates. The establishment of Village Credit Institutions (LPDs) began to be carried out and the existence of LPDs was regulated under Regional Regulation (PERDA) namely Bali Provincial Regulation Number 8 of 2002 concerning Village Credit Institutions (LPD), which have now been changed to Bali Provincial Regulation Number 3 of 2017. The Regional Regulation regulates the conditions for the Establishment of Village Credit Institutions (LPD). The problem statement is: 1) What is the legal position of the Village Credit Institution (LPD) in the Micro Finance Institution system? 2) What is the role of Village Credit Institutions (LPDs) in the Micro Finance Institution system? The research method used is normative legal research. The source of legal material that will be used is the research source of primary, secondary and tertiary materials. The techniques for collecting primary and secondary legal materials were collected based on the topic of the program which had been formulated based on the snowball system and disclassified according to sources and hierarchies to be presented comprehensively. Analysis of legal materials with legal interpretation and presented in the form of analysis descriptions. The legal position of the Village Credit Institution based on the customary law community in Bali in the Micro Kauangan Institution system according to Law Number 10 of 1998 concerning Banking cannot be equated. The Village Credit Institution has a very strategic role because so far it has been serving small micro enterprises (MSEs) and rural communities in Bali through financial services that are carried out in accordance with customer needs, personal approaches, and proximity to customers.

A patient's personal information can only be disclosed to those involved in his/her care if consent to such disclosure is given. This consent normally extends implicitly beyond medical staff to other professionals who may also be involved in care. It also commonly includes administrative, secretarial and managerial staff as well as healthcare professionals. This constitutes the duty of confidentiality. In certain specified circumstances, a patient's otherwise confidential information may be disclosed without consent to permit benefits to particular others. The legal position is complex, and while doctors should be familiar with most routine situations (e.g. reporting of certain infectious diseases), advice should always be sought if doubt exists.

The provision of clinically assisted nutrition and hydration (CANH) often presents clinicians with ethical dilemmas. As the population grows there is increasing prevalence of patients with conditions such as stroke, dementia, advanced malignancy, cerebral palsy and eating disorders and a greater demand for CANH. It is important that healthcare professionals are familiar with the ethical and legal position for the provision of CANH. In addition, it is important to be aware of the clinical indications, relative contraindications and alternative means of supporting patients for whom CANH is not appropriate; this includes education and training for staff, patients, carers and relatives. The lack of high-quality evidence around clinical outcomes, particularly in the form of randomised clinical trials, and the challenges of accurate prognostication in patients who are approaching the end of life make decisions around the provision of CANH difficult for healthcare professionals.

In the article, the author considers a legal position of a driver in relation to a transport service user and in relation to uber as a transport market maker and transporter, respectively freight forwarder. The driver's role in the uber system is largely determined with the legal nature of Uber's legal position by the principle of the seesaw toy. If uber has an intermediary role, then driver is a carrier, and vice versa, if uber has been deemed a carrier, then a driver has a role as a carrier's assistant. Also, if a driver has been considered as a carrier, then it is unclear whether he is a public or only a private carrier, having in mind an (in)definite number of users. In the first chapter of the article, the author explains the impact of the sharing economy and technical progress on creating a new mode of transport. Furthermore, the legal problem of the new way of providing a transport service has been highlighted, as well as a legal qualification of subjects involved in Uber's business structure. Finally, the author concludes that a driver should be deemed as a carrier's assistant, having in mind that uber as a carrier and as the organizer of the transport market has a decisive influence on the whole process of transporting a passenger (from the beginning phase to ending).

In the UK, the Medicines and Healthcare products Regulatory Agency classifies ‘pre-filled syringes’ for flushing Intravenous (IV) cannulas and IV access devices as ‘borderline’ devices and offers some advice on how control measures can help mitigate risks. The Medicines Act (1968) and Medical Device Regulations try to address the legal position of these devices and allow each employer to identify those groups of staff allowed to use them. In turn, this may help address anomalies around the need to prescribe and document their use. This article describes how one large university health board in Wales implemented a change in products and practice and explores the issues around adopting and using CE-marked pre-filled, sterile syringes of 0.9% sodium chloride in place of manually drawing up an IV flush (the CE mark indicates devices that conforms with European legal requirements). Whether the use of individual components or a single pre-filled device can lead to a streamlined and cost-effective way to manage the flushing of IV cannula and vascular access devices was explored. Additional risk factors were identified, and the legal status clarified in line with current guidelines and regulations. As 0.9% sodium chloride in ampoules and vials is classified as a prescription-only medicine, the administration needs control via formal prescription or a patient group direction. Adopting and using these pre-filled syringes as CE-marked medical devices requires careful consideration and sign-off from each employing authority, before implementing them for flushing IV cannulas and IV access devices.

Key content Following the diagnosis of absolute uterine factor infertility (AUFI), women may experience considerable psychological harm as a result of a loss of reproductive function and the realisation of permanent and irreversible infertility. Adoption enables women with AUFI, and their partners, to experience social and legal parenthood, also often providing benefits for the adopted child. Surrogacy offers the opportunity to have genetically related offspring. Outcomes are generally positive in both surrogates and the children born as a result. Uterine transplantation is the only option to restore reproductive anatomy and functionality. While associated with considerable risk, it allows the experience of gestation and the achievement of biological, social and legal parenthood. Learning objectives To gain an understanding of the routes to parenthood available for women with AUFI experiencing involuntary childlessness, such as adoption, surrogacy and, most recently, uterine transplantation To consider a suggested management plan to facilitate counselling in women with AUFI who experience involuntary childlessness. Ethical issues In the UK, whilst the number of children requiring adoption continues to increase, the number being adopted from care is decreasing. Some cultures may hold ethical or religious beliefs that surrogacy is unacceptable, and its legal position in many jurisdictions is problematic. Restrictive selection criteria and high costs may limit future availability of uterine transplantation

Background: Mitochondrial DNA (mtDNA) diseases are a group of maternally inherited genetic disorders caused by a lack of energy production. Currently, mtDNA diseases have a poor prognosis and no known cure. The chance to have unaffected offspring with a genetic link is important for the affected families, and mitochondrial replacement techniques (MRTs) allow them to do so. MRTs consist of transferring the nuclear DNA from an oocyte with pathogenic mtDNA to an enucleated donor oocyte without pathogenic mtDNA. This paper aims to determine the efficacy, associated risks, and main ethical and legal issues related to MRTs. Methods: A bibliographic review was performed on the MEDLINE and Web of Science databases, along with searches for related clinical trials and news. Results: A total of 48 publications were included for review. Five MRT procedures were identified and their efficacy was compared. Three main risks associated with MRTs were discussed, and the ethical views and legal position of MRTs were reviewed. Conclusions: MRTs are an effective approach to minimizing the risk of transmitting mtDNA diseases, but they do not remove it entirely. Global legal regulation of MRTs is required.

Return-oriented programming (ROP) is the major exploitation technique to hijack control flow in the presence of non-executable page protections. ROP can be prohibited by ensuring that ret targets legal position. One method is to check whether the predecessor of the target of a ret is a call to identify the illegal use of return. Performing check at each ret with low performance overhead is challenging. To reduce the performance overhead, prior proposals check at critical API functions or system calls and rely on the OS to identify these events. The goal of this paper is to mitigate ROP attacks while incurring negligible storage and performance overheads, and without relying on OS support. This paper proposes a hardware mechanism RCecker (Return-Call pair checker) to enforce the backward CFI (control flow integrity). We propose RCecker-S checking at each ret when the target of the ret has been figured out at EX stage. We analyze the cause of the high performance overhead of RCecker-S. We further propose RCecker-R checking only when RAS (Return Address Stack) mispredicts the targets to reduce the performance overhead. However, the attacker can use Spectre-like attack to pollute RAS and bypass the check of RCecker-R. We propose RCecker-spec based on RCecker-R in addition to check at each speculative ret when the target of the ret has been predicted at the fetch stage. We implement RCecker on RISCV BOOM core and evaluate its security effectiveness and performance overhead. RCecker-spec can successfully detect the ROP attacks in RIPE benchmark. For the SPECINT CPU2006 benchmark, the average performance overhead is 0.69%.

A number of high-profile legal challenges to the concept of brain death have recently been made in the USA, Canada and the UK. The legal claim has been that brain-dead patients are not dead in accordance with the legal definition of brain death, and so are wrongly being declared dead. Yet, the definitions of brain death in these countries are not the same. In this editorial, we examine the significance of these legal challenges and their potential impact on intensive care unit (ICU) practice. We discuss whether the legal position in the UK and Canada is more secure than that in the USA and, as a result, is less susceptible to any legal challenges that are likely to impact on ICU practice. Jurisdictions which have legislation that mirrors that operative in the USA, such as Australia, potentially inherit the same legal difficulties that have arisen in the USA. We also discuss whether these jurisdictions might consider adopting the definition of brain death that is adopted in the UK and Canada to avoid further legal challenges.

Data on which to base guidelines on the management of in-flight medical emergencies are severely limited by the lack of uniform national and international reporting. In-flight cardiac arrest is rare during commercial passenger flights, but where the initial rhythm is shockable, survival rate to hospital is around 23%. With minor adjustments (for lack of space, noisy environment, limited medical facilities, etc.), standard CPR and use of an AED are appropriate. The ability to perform advanced life support procedures is very limited. Diversion of an aircraft is costly, and may incur risks to safety as well as inconvenience to passengers. It is mainly justified if a victim regains a circulation or remains in a shockable rhythm. Voluntary attendance by healthcare professionals at in-flight cardiac arrests is common, but may have little effect on survival of the patient. The legal position of healthcare professionals who volunteer to assist at an in-flight emergency is complicated, but successful prosecution or litigation is very rare. Future national and international discussion and research in the field is needed. In the meantime, deliberately didactic and pragmatic advice on the management of in-flight cardiac arrest is offered. It is hoped that this will stimulate discussion.

Space research is heralded as the harbinger of the next level of advancement in science and technology. The fact that countries are spending millions of dollars in this regard is testament to its potential. India is making inroads in the field and, in the last 15 years, has established itself as a dominant player. According to Antrix, the commercial wing of the Indian Space Research Organization, India commercially launched 209 foreign satellites of other countries into space. Apart from this, Antrix is applying its success in other commercial activities, like remote sensing, selling of space objects (parts of satellites and launching vehicles), and mission support. In keeping with this development, the Indian legal position and policy framework with respect to commercial space activities are reviewed. The article also surveys India’s commitment to international space law and its reflection in national legislation. Finally, the existing policy related to commercial space in India is examined and m...

The family-run business model is in the Czech Republic not used in the scope, as it is the case of other EU Member States. Until recently one of the reasons was also the absence of a legislative framework that would give to the family business or its organization a comprehensive and systematic rules and a stable order. This has - from a part - changed since January 1st, 2014 with the entry into force of the new Czech Civil Code, Act No. 89/2012 Coll. The present paper aims at pointing out the ways, forms and the diversity of family business from business in general according to the legislation in the Civil Code introducing in its Sections 700 - 707 the institute of family enterprise. In the context of economic-legal analysis undertaken some aspects related to the family enterprise are highlighted, in particular the sharing of profit gains, employment of family members in the operation of the family enterprise and the continuing of operation of the family business after the death of the family member being in the legal position of the entrepreneur. info:eu-repo/semantics/openAccess

For the period of the Roman Republic of agrimensura has come a long way from the simplest forms of dividing land to developed systems of surveying. The first type of survey was arcifinius - limitation of relief; it was intended for allocation of land plots Ager Publicus. Private lands were divided first on simple stripes (lacinae) or pieces (praecisura), evolving to a rectangular shape. In the III century BC in Italy has spread the system of surveying scaminace-stargaze (scamnatio-strigatio), dividing the field into large rectangles, which were allocated small plots. From the II century BC spread the division of land in straight lines -limits (limitatio). Arable land passed to the property, clearly differed from the fragments of the Ager Publicus, designed as arcifinius, which was provided rent under the ground. Feature of Roman agrimensura has become a fixture of all types of land allocation to a particular legal position.

Inconsistent levels of safety and security faced during journeys of displacement directly affect the health of individuals and communities. Existing health conditions become harder to manage. This can result in a parallel journey from health to poorer health during which displaced people are in danger of being stigmatised and marginalised, framed as a threat to the health of local populations. Cole explores the legal requirement to provide the right to health across journeys of displacement through three lenses: the legal position of the individual; the agencies who are legally obliged and legally able to provide healthcare; and the different stages within the journey of displacement, which may influence both of the other two factors.

Pest birds are considered as a special kind of vermin, since, in most of countries, their legal position does not enable their direct extermination. Therefore, in order to protect the agricultural areas indirectly from pest birds, the robust and highly selective pest bird sensor is necessary to design. In this contribution, the pest bird detection unit, based on a convolutional neural network, is presented. The convolutional neural network itself is used for the decision making about the pest bird occurrence, while sound recordings are used as input data. The testings, presented at the end of the contribution, proved a very high accuracy of the detection unit, with the results indispensably improved in comparison to previously presented approaches.

Aim To provide an international perspective on COVID-19 (SARS-CoV-2) safety measures and discuss the medico-legal perspective of providing dental care during the COVID-19 pandemic.\ud \ud \ud Data sources This paper is a narrative review. The authors are drawn from academic dentistry and academic law.\ud \ud \ud COVID-19 safety measures in dental clinics Dental care professionals are considered to be at high risk of exposure and subsequent transmission of COVID-19. Therefore, it is of great importance that dental professions put in place measures to prevent cross infection from the virus. These measures include screening patients and spacing of appointments to allow fallow time. Within the clinic, there is a requirement for adequate ventilation (perhaps aided by air cleaners and disinfection air fogging devices) together with cleaning and use of alcohol gels to ensure hands are clean. With regards to dental treatment, the measures expected are also itemised, such as the use of virucidal antiseptic mouthwash, use of personal protective equipment, rubber dam and moving to non-aerosol generating procedures wherever possible.\ud \ud \ud COVID-19 safety measures and the law The point is made that the need for the implementation of these precautions is not only necessary for cross-infection prevention but also for the avoidance of legal issues. The paper discusses the liability of a dentist, both criminal and civil, should a person contract COVID-19 as a result of attending for dental treatment. Although opinion varies across legal jurisdictions, the general consensus is that a practitioner would only be liable if they had been negligent. This is not just the case when guidelines are available, whether legally enforced or not, as the practitioner is required to deliver care in an up-to-date and evidence-based manner. There is a need to document persuasions taken to protect the practitioner from litigation.\ud \ud \ud Conclusion Dentists should follow the scientific evidence to reduce as much as possible the risk of them contracting or spreading COVID-19. In addition, to avoid criminal or civil legal consequences, all procedures to avoid cross infection should be documented, as in not doing so, the practitioner will not be able to prove they were carried out.

Error in Persona is an error in attracting a party who is considered to have the capacity or legal position to proceed according to the lawsuit filed. The mistake in drawing the party either as a plaintiff or as a defendant will result in the lawsuit containing formal defects. Error in Persona was filed by the defendant on the plaintiff's lawsuit because the lawsuit was directed at the wrong person / party. In a civil suit in the form of contetiosa, contentiosa is a civil suit containing a lawsuit for a dispute between the litigating parties, whose settlement examination is given and submitted to the court where the party filing the lawsuit is called the plaintiff and the party drawn in the lawsuit is called the defendant, the lawsuit is based on the arguments / legal reasons filed. Thus the party filing a lawsuit must be clear and careful in attracting the parties and it must be seen whether the person who is suing and being sued has the capacity and the right legal position.

The decision of the Constitutional court (MK) Numbere 35/PUU-X/2012 has implications for state recognition of the traditional rights of indigenous peoples in the form of custimary forests which have have been neglected. The study aims to determine the legal position of the indigenous people of Marga Sarampas in controlling their land rights. The formulation of the problems raised in this research are (1) how is the recognition and protection of the indigenous peoples of Marga Sarampas; (2) how the rights to land of the indigenous people of Marga Sarampas.

The answer to the question of whether a partner can also simultaneously be an employee of his partnership has long been considered to be settled law. However, the introduction of limited liability partnerships (LLPs) in 2001 has not only raised the new question of whether LLP members can also be employees but has, in doing so, reopened the question of the employment status of partners, questions which now need to be viewed in the context of the widespread practice of having both equity and other types of partner/member. Furthermore, with much legislation now giving rights to ‘workers’ rather than employees, the question has arisen of whether LLP members or partners can also simultaneously be workers, regardless of whether they can also be employees. The answers to these questions go to the very heart of what the law regards as an employer–employee or firm–worker relationship, yet recent legislation and jurisprudence have failed to clarify the legal position. This article explores the employee and worker status of partners and LLP members, and the consequences both for them and for the development of the law.

The paper is devoted to introducing the new rules widely regulated by Act of 11 April 2003 on formation of agriculture structure (u.t. O.J.2012.803), which was amended by systemic changes introduced by Act of 14 April 2016 on amendments other acts, which entered into life on 30th April 2016. The reform is based on remarkable limitation of ownership rights to agricultural immovable and extension of power of Agency of Agricultural Estate in the sphere of its’ right to acquire ownership of agricultural immovable. The legislator’s aim was to strengthen legal position of polish agricultural immovable and to protect against its’ mass purchase by national and foreign entities. The paper presents estimation of amendments’ influence on basic rules of conduct of legal transactions on agricultural immovable, e.g. interpreting new legal definitions like „related person”, also doubts about adjusting this regulation to the Polish Constitution. Moreover, new procedure of acquiring agricultural immovable by individual farmers and participation of Agency of Agricultural Estate were analyzed. Thereafter, this was a background for signalizing potential practical problems, judicial execution of agricultural immovable among them.

Using a census sampling, this analysis evaluates the campus structures and practices that are predictive of a campus being affiliated with stakeholder legal advocacy regarding the Fisher Supreme Court affirmative action case of 2013. Findings reveal that a campus utilizing selective admissions operated as a sufficient, but not a necessary, requirement to prompt stakeholders to take a legal position in the case. Also, campuses that enrolled and graduated the largest percentages of nonwhite students were inclined to have stakeholders submit amicus briefs advocating support for UT-Austin and the use of race in selective college admissions.

Guidelines are provided for doctors where a parent or guardian tries to override an otherwise legally competent child’s consent to a surgical operation by refusing to provide the assistance required by the Children’s Act. Consideration is given to whether an otherwise legally competent child is competent to consent to a surgical operation when this can be overridden by their parent or guardian, and the legal position regarding informed consent by a child to the surgical termination of her pregnancy.

It is in the key period of the development of micro-grid construction. Deepening the reform of electric power system and technology, the development of micro-grid is rapid. The main body status of grid-connected micro-power grid is becoming more and more clear, and its legal orientation should be fully defined. Based on the analysis of the policy of grid-connected micro-grid and the summary of the pilot situation, this paper makes it clear that the position of the micro-grid in the power law by analyzing the different situation and characteristics of the micro-grid.

Abortion is regulated by law in most (if not all) countries, with a view to preventing abortion except under defined circumstances, and ensuring that abortions are performed safely. Abortion is allowed in 97% of the United Nations´ member states in order to save pregnant women’s lives.1 Today abortions are increasingly provided by healthcare personnel other than doctors, in community settings or even at home rather than in hospitals,2 3 and have become very safe in most countries where they are legal and accessible.2 4 However, regulations vary significantly around the world.1 In considering what legal position should be advocated and how regulation affects women’s health, it should be remembered that provision of safe …

This article examines the Marriage (Definition of Marriage) Amendment Act 2013, which amends the Marriage Act 1955 to allow same-sex couples to marry. In particular, it examines the legal position of celebrants who wish to refuse to solemnise same-sex marriages on religious grounds, and attempts to reconcile these celebrants' religious freedoms with the rights of same-sex couples not to be discriminated against based on their sex and/or sexual orientation. While s 29(2) of the Marriage Act now contains a specific exemption for some classes of celebrants, the scope of this exemption is narrow, and not all celebrants are included. This article therefore examines the meaning of s 29(1) of the Marriage Act, and addresses the controversial issue of whether s 29(1) provides a broad exemption for all celebrants. This article asserts that s 29(1) does provide such an exemption, and accordingly all celebrants are able to refuse to solemnise same-sex marriages on religious grounds, despite the limitations in the s 29(2) exemption.

Russian Abstract: Статья содержит определение правовой позиции суда по вопросу о признании правомерным требования о возмещении вреда, причиненного истцу путем воспрепятствования третьим лицом ответчику исполнить решение суда, принятое в пользу истца. Для российских читателей. English Abstract: Paper review and discuss modern legal position in issue of tort of inducing and procuring judgment debtor by his beneficial owner not to meet judgment debt. For Russian readers.

There is a claim that two tiered safeguards protect individual employment rights at international organisations; the internal and informal dispute resolution mechanisms, and the quasi-judicial formal Administrative Tribunals after all internal means are exhausted. How do international organisations support the standards of justice they propose and implement them through administrative Tribunals, and, yet, observe politically sensitive conflicts? How do they accept the double disadvantaged legal position of the staff members and yet respect equal rights of men and women staff?

PurposeThe aim of this article is to provide solutions to protect the weaker party in management and distribution contracts, especially in the field of franchising.Design/methodology/ approachThe paper is based on a review of literature, legislation and practices concerning management and franchise contracts. The regulation of this field at a national level consists of laws that are both private and mandatory in nature. Certain questions are raised concerning the obligatory nature of regulations when applied to the management of international franchise contracts.FindingsThis article studies the question of whether the imperative application of laws to international contract management is appropriate. These contracts are concluded through the form of adhesion contracts, which have been prewritten by the dominant party and by which the adherent, the distributor, the franchisee or the agent, are placed in a weaker legal position. Considering the absence of international tuitive rules, this article suggests a way to guarantee the protection of parties in a weaker position.Practical implicationsThis research provides entrepreneurs, managers and other members of the business community with legal tools and mechanisms for the protection of the franchisee's position.Originality/valueThis approach may well be helpful in finding solutions to legal issues that are of great importance in the negotiation of service contracts, as a way to overcome the difficulty of finding solid arguments to extend the rules that protect consumers and workers in service agreements.

The Commission on Assisted Dying was an unofficial body set up to investigate the legal position on assisted dying in the UK in the autumn of 2010. Its report was published to some degree of media attention in the first week of January 2012; its most headline-grabbing suggestion provided a framework setting out how British law might be reformed to allow assisted dying for the terminally ill. In this paper, I analyse some of the key points of the report and argue that it adds little that could settle – or even add to – the assisted dying debate.

Abstract Two vulnerable groups in our society are children with psychiatric problems and people with intellectual disabilities. The demand for care is growing every year in both groups. The current (Dutch) legal status of people with intellectual disabilities and children with psychiatric problems is one in which too much attention is devoted to the right to self-determination. An important question is whether this central feature is enough to support clients in both groups in such a way that they can develop their abilities. The Dutch government is currently preparing new legislation to replace the Psychiatric Hospitals Act. We recommend that this legislation should also take account of the right to development and the right to good care in order to deal with the dilemmas that will arise in the near future.

The legal position regarding workplace drug testing in the UK is assessed. Workplace drug testing in construction appears to be legally defensible provided the procedures meet certain criteria. The various forms of employment-related drug testing programmes are outlined. These include pre-employment testing, random testing, post-accident testing, and post-treatment testing. Previous research on the influence of workplace drug testing on occupational safety is reviewed. Results of a survey to evaluate the extent to which workplace drug testing has been implemented by UK contractors are analysed. Reasons that have led contractors to introduce workplace drug testing include: to promote the safety of their employees; because drug testing is seen as an effective deterrent; and company concerns about their liability for drug-related incidents. The factors that have influenced the decision for some companies not to implement workplace drug testing include: concerns for increased legal liability and employee opposition to drug testing. There is also the belief that drug testing is an invasion of privacy and that it is not effective in reducing occupational accidents. The effectiveness of workplace drug testing in construction remains debatable.

The right to information is of crucial importance for the end-user of pharmaceuticals to exercise their right of self-determination. In the Directive 2001/83/EC relating to pharmaceuticals for human use all the particulars that have to be on the labelling or in the package leaflet are stipulated and need to be transposed into national law. This contribution scrutinises first the implications that a correct implementation of the information rules entails for the legal position of the individual. Second, the conditions and consequences of a failed implementation will be equally assessed in order to evaluate the legal impact when the right to information is violated by the state or the marketing authorisation holder.

The organization and position of FSO was systematically established under the Presidential Decree No. 1013 on 7 August 2004. Furthermore, the FSO has established a signal department, an intelligence department and an academy to enhance intelligence an training capabilities. The FSO has been striving to unveil itself from a clandestine agency into a pivotal organization through the use of media and its website. It is in part that FSO has tried to deepen the understanding between PSS through personnel exchange in 2004~2005 Therefore, this study will examine the history, organization and legal position focusing on the related laws of FSO, an organization trying to adjust to the global change, and study whether this model may be applied for the development of public security in Korea.

The topic of this paper is an analysis of the legal position of local public servants and employees in the Republic of Croatia as well as of their rights and obligations in the light of the enactment of the Public Servants and Employees in local and regional self-government Act. In this sense, the concept and characteristics of the status of the administrative public servant from the aspect of administrative theory and practice are analysed, a short comparative overview of different official systems in Europe is given, and the position of local public servants and employees in Croatia in the light of positive legal regulations is analysed. In the conclusion, an assessment of the existing officials system which is related to local public servants and employees in Croatia is given in the context of the stated modern systems of public administration. Also assessed is whether the enacted legal regulations will have a positive effect on the implementation of personnel policy, greater motivation and the work of local public servants and employees thereby finally resulting in a better and more quality functioning of local self-government. Key words: • Republic of Croatia • public administration • local self-government • local public servants and employees

The ethics of creating ‘saviour siblings’ for the benefit of another has received much attention, but little consideration has been given to the legal position of those saviours born who may be asked to provide tissue for transplantation to another during childhood. This article examines the ethical issues surrounding minor donation as well as the existing legal framework in the UK and Australia that regulates minors providing tissue for the benefit of another. Against this background the position of minor saviours, who are called upon to donate bone marrow or peripheral blood stem cells, is examined. This analysis suggests that the law does not provide sufficient protection for minor saviours who are called upon to donate to another. It is argued that specific ethical obligations are owed to saviours—that ought to be reflected in the law—in order to protect them from exploitation while they remain minors.

Helen Hand was surprised to discover that her daughter had obtained the pill. She considers the legal position and the rights and responsibilities of children, parents and health professionals

Stem cells are at the forefront of hopes for developing treatments for a range of serious diseases. The sources of those stem cells can be controversial, particularly for embryonic stem cell lines. Increasingly parents are opting to collect umbilical cord blood shortly after delivery of the baby, some to satisfy a current treatment need for stem cells and others to ‘future-proof’ their families and themselves against possible disease and preserving for themselves a potentially potent resource for future regenerative treatments. The author reviews recent and forthcoming changes in regulation of this area, potential legal problems and the implications of compliance for biotech companies within the field or who have current treatments which may benefit from collaboration with those who are in the field. The paper looks at, in particular, the legal position in the UK, and issues relating to, for example, ownership of cord blood deposits and anonymity of deposits.

Abortion is controversial and often sparks polemic debate. Nevertheless, theatre staff need to know the different methods of abortion, to be aware of the current UK legal position and possible future directions. Theatre staff must be mindful of their own ethical and emotional position in order to play a vital role in making women attending for this surgery feel at ease during such an emotionally charged event.

The purpose of this research paper is to provide a comprehensive analysis of the scope of auditors' liability to third parties in Australia. In addition to examining the current legal position in Australia, the law on auditors' liability in other jurisdictions, including the United Kingdom, United States, Canada and New Zealand, will be examined and compared to the extent of their influence on Australian laws. It is argued that auditors in Australia are subject to a greater scope of liability than in other countries. As a result, there is a need for reform of audit laws in Australia to limit the extent of auditors' liability. Further, it is submitted that the development of future auditing laws in Australia should allow for the appropriate consideration of international trends in limiting liability. It is also anticipated that the proposed reforms will adequately safeguard auditors from the threat of litigation by third parties, and ultimately ensure that the floodgates for liability in Australia are not opened to an indeterminate level.