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Journal articles on the topic 'Legal practitioners'

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Author: Grafiati
Published: 4 June 2021
Last updated: 20 February 2023

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1

Hart, Caroline Lydia. "Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners." International Journal of Rural Law and Policy, no. 2 (December 31, 2012): 1–17. http://dx.doi.org/10.5130/ijrlp.i2.2012.2660.

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Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. This paper refers to the legislation and the literature on the range of business structures, before giving an insight into the actual choice of business structures used by Queensland regional, rural and remote legal practitioners. What is the awareness of the new business structures? And are there factors inhibiting RRR legal practitioners from their use? This paper draws on over 30 interviews with sole practitioners, partners and legal practitioner directors about their choice of business structure.
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2

Karina, Palkova. "Medical practitioner's legal regulations in the practice from urban-rural development perspective." SHS Web of Conferences 68 (2019): 01028. http://dx.doi.org/10.1051/shsconf/20196801028.

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The role of medical practitioners in community safety area is huge. Especially huge responsibility medical practitioners have in medical treatment process from the point of view of treatment quality and legal liability. Medical practitioners are professionals regardless of territoriality. The mission and functions they perform do not depend on practice place. The responsibility is equal in both urban and rural level. To protect community safety from the medical practitioners' perspectives they should know their own rights, as well as patient's rights in healthcare. From the particular legal regulations arise duties and responsibilities of medical practitioners, which are described in the paper. The aim of the research is to study legislation that regulates medical practitioner‘s rights and duties in Latvia. The task of the paper is to study the characteristics of rights of medical practitioners in Latvia and the medical practitioner's knowledge of patients' rights in Latvia. In the research, the author has used general scientific methods such as analysis, synthesis, modelling, comparative method, inductive and deductive method, methods of interpretation of legal norms – grammatical, teleological, historical, as well as empirical method – survey. The paper describes the most important legal regulations in medical practitioner's activity, as well as defines problems and provides potential solutions that are necessary to protect community's safety. The results of the paper show that the regulatory framework exists in the field of healthcare of Latvia. Also in the field of professional activity, legal regulations exist, which govern the professional activity of medical practitioners. They are included in various law sectors (civil rights, labour rights, criminal rights, etc.). Apart from that, there exist a large number of legislative regulations of national level, which govern the professional activities of medical practitioners (special laws and Cabinet Regulations). It should be noted, that the competences of medical practitioners are not consolidated, but stipulated in separate legislative provision for each group of medical practitioners (for a doctor, doctor's assistant, nurse, etc.). The medical practitioner's knowledge of patients' rights is not good enough, especially in rural areas of Latvia.
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3

Awarab, Marvin R. "A critical review of the powers and duties of the Namibian Law Society in respect of legal practitioners’ conduct." Journal of Corporate and Commercial Law & Practice, The 7, no. 2 (2021): 122–33. http://dx.doi.org/10.47348/jccl/v7/i2a6.

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Legal practitioners practising in any jurisdiction, including Namibia, are bound by the provisions of the enabling legislation. In the Namibian context, legal practitioners operate under the Legal Practitioners Act 15 of 1995 read together with the Rules of the Law Society of Namibia. The Law Society of Namibia has the mandate to ensure that the legal practitioner’s conduct is in line with the law and to investigate allegations of any legal practitioner’s breach of duty. All legal practitioners operating in private practice have a legal obligation to open and operate two bank accounts, namely a business bank account and a trust bank account. Any violation of the law in respect of the keeping of business and trust bank accounts may invite s 31 consequences. This article therefore provides a critical review of the powers and duty of the Law Society in intercepting legal practitioners’ trust accounts. Furthermore, the article provides an overview of the statutory-based conduct of legal practitioners in managing trust accounts and the functionality of the Namibian Law Society Fidelity Fund.
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4

Kritzer, Herbert M. "Editorial: Special issue – legal change on legal practitioners." International Journal of the Legal Profession 17, no. 1 (March 2010): 1–3. http://dx.doi.org/10.1080/09695951003608341.

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5

Dudley, Miriam. "A Legal Information Service for Practitioners." International Journal of Legal Information 29, no. 2 (2001): 420–28. http://dx.doi.org/10.1017/s0731126500009495.

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I am now going to transfer you rapidly from the global information service to a locally targeted and focused legal information service designed to meet the particular needs of a small jurisdiction like Northern Ireland.SLS Legal Publications was established in 1980 as a unique and profoundly innovative experiment in Northern Ireland (N.I.). Its continued existence 20 years later is testament to the fact that it has not only become a success story but is now an integral part of the legal system in Northern Ireland. SLS Legal Publications is a legal publishing and training company based within the Queen's University of Belfast (QUB) and sponsored by the NICS, the Law Society of N.I. and the Bar Council of N.I. QUB's sponsorship takes the form of the provision of accommodation and accounting services. The purpose of SLS is to provide a legal information service in various ways to the Northern Ireland legal profession and the wider community and I will expand on those various ways later in this talk.
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6

Marrah, Augustine Sorie-Sengbe. "A Critique of the Supreme Court of Sierra Leone’s Conviction of Augustine Marrah for Criminal Contempt." Strathmore Law Journal 5, no. 1 (June 8, 2021): 209–16. http://dx.doi.org/10.52907/slj.v5i1.148.

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The Legal Practitioners Act of 2000 authorises the Sierra Leone Bar Association to elect six legal practitioners for membership of the General Legal Council (Council), which is the regulatory body of the legal profession in Sierra Leone. In April 2019, Ibrahim Sorie was among the legal practitioners elected to the Council. Subsequently, I—another legal practitioner—objected to and petitioned in the High Court of Sierra Leone Sorie’s election to the Council on the basis of ineligibility. The thrust of my objection was that Sorie, a two-term ex-president of the Sierra Leone Bar Association had not yet attained the necessary fifteen-year standing qualification at the date of his appointment to the Council, based on his year of enrolment into the Permanent Register or Roll of Court in 2011. Sorie filed an action in the Supreme Court against the Council invoking the exclusive original jurisdiction of the Supreme Court to interpret certain portions of the Constitution of Sierra Leone vis-à-vis the eligibility provision for membership to the Council in the Legal Practitioners Act.2 The Supreme Court delivered a controversial 97-paged judgment on 27 October 2020.
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7

Hershey, Tina Batra, Elizabeth Van Nostrand, Rishi K. Sood, and Margaret Potter. "Legal Considerations for Health Care Practitioners After Superstorm Sandy." Disaster Medicine and Public Health Preparedness 10, no. 3 (March 29, 2016): 518–24. http://dx.doi.org/10.1017/dmp.2016.33.

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AbstractDuring disaster response and recovery, legal issues often arise related to the provision of health care services to affected residents. Superstorm Sandy led to the evacuation of many hospitals and other health care facilities and compromised the ability of health care practitioners to provide necessary primary care. This article highlights the challenges and legal concerns faced by health care practitioners in the aftermath of Sandy, which included limitations in scope of practice, difficulties with credentialing, lack of portability of practitioner licenses, and concerns regarding volunteer immunity and liability. Governmental and nongovernmental entities employed various strategies to address these concerns; however, legal barriers remained that posed challenges throughout the Superstorm Sandy response and recovery period. We suggest future approaches to address these legal considerations, including policies and legislation, additional waivers of law, and planning and coordination among multiple levels of governmental and nongovernmental organizations. (Disaster Med Public Health Preparedness. 2016;10:518–524)
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8

Hasegawa, Thomas K., Brian Lange, Charles F. Bower, and Ruth B. Purtilo. "Ethical or legal perceptions by dental practitioners." Journal of the American Dental Association 116, no. 3 (March 1988): 354–60. http://dx.doi.org/10.14219/jada.archive.1988.0223.

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9

Doyal, L., L. Doyal, and D. Sokol. "General practitioners face ethico-legal problems too!" Postgraduate Medical Journal 85, no. 1006 (July 23, 2009): 393–94. http://dx.doi.org/10.1136/pgmj.2008.076604.

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10

Samely, Ursula. "Foreign language needs for future legal practitioners." Language Learning Journal 11, no. 1 (March 1995): 57–60. http://dx.doi.org/10.1080/09571739585200191.

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11

Buppert, Carolyn. "Frequently Asked Legal Questions From Nurse Practitioners." Journal for Nurse Practitioners 10, no. 9 (October 2014): 755–56. http://dx.doi.org/10.1016/j.nurpra.2014.07.041.

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12

Balestra, Melanie. "Telehealth and Legal Implications for Nurse Practitioners." Journal for Nurse Practitioners 14, no. 1 (January 2018): 33–39. http://dx.doi.org/10.1016/j.nurpra.2017.10.003.

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13

Quansah, E. K. "The Legal Practitioners Act, 1996, of Botswana." Journal of African Law 41, no. 1 (1997): 140–45. http://dx.doi.org/10.1017/s0021855300010044.

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14

Oexmann, B. "The legal multi-functioning of equine practitioners." Pferdeheilkunde Equine Medicine 26, no. 2 (2010): 264–74. http://dx.doi.org/10.21836/pem20100224.

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15

Philpot, Steve, and David Anderson. "The ethical and legal implications of the Human Tissue Amendment Act 2020 (Vic)." Critical Care and Resuscitation 23, no. 3 (September 6, 2021): 245–47. http://dx.doi.org/10.51893/2021.3.pov.

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The Human Tissue Act 1982 (Vic) has recently been amended by the Human Tissue Amendment Act 2020(Vic). In an effort to better reflect the modern practice of organ donation, the intention of the amendment is to include a process for the authorisation of ante-mortem procedures in patients being considered for organ donation after circulatory determination of death(DCDD). As part of this process, the amendment introduces a new requirement for consent for such ante-mortem procedures, and specifies that: A designated officer for a hospital must not give an authority … in respect of a person unless, where the respiration or the circulation of the blood of the person is being maintained by artificial means, two registered medical practitioners, neither of whom is the designated officer and each of whom has been for a period of not less than five years a registered medical practitioner, have each certified in writing — ​ that the practitioner has carried out a clinical examination of the person while the respiration or the circulation of the blood of that person was being maintained by artificial means; and that, in the practitioner’s opinion, at the time of examination, death of the person would occur as a result of the withdrawal of the artificial means of maintaining the respiration or the circulation of the blood of the person.
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16

Johns, Christopher. "Unravelling The Dilemmas Within Everyday Nursing Practice." Nursing Ethics 6, no. 4 (July 1999): 287–98. http://dx.doi.org/10.1177/096973309900600404.

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Each day, nurse practitioners are faced with clinical situations and dilemmas that have no obvious right answers. This article sets out the process of ethical mapping as a reflective device to enable practitioners to reflect on dilemmas of practice in order to learn through the experience and inform future practice. Ethical mapping is illustrated around a single experience that an intensive care practitioner shared in an ongoing guided reflection relationship. Within this process the practitioner draws on ethical principles to inform the particular situation, notably autonomy, doing harm, truth telling and advocacy. Through reflection, ethical principles are transcended and assimilated into knowing in practice, enabling the practitioner to become more ethically sensitive in responding to future situations.
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17

Knight, Dawn. "Are advertisements on social media ethical, honest, truthful and, more importantly, legal?" Journal of Aesthetic Nursing 11, no. 9 (November 2, 2022): 414–15. http://dx.doi.org/10.12968/joan.2022.11.9.414.

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The rules relating to advertising in England apply to everyone practising aesthetics, whether they are a registered healthcare professional or a lay practitioner. This article from Dawn Knight presents and considers important information and advice that is designed to assist practitioners in ensuring that advertisements are both ethical and legal
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18

Pirie, Susan. "Legal and Professional Issues for the Perioperative Practitioner." Journal of Perioperative Practice 22, no. 2 (February 2012): 57–62. http://dx.doi.org/10.1177/175045891202200203.

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The aim of this article is to provide guidance to perioperative practitioners on some of the legal and professional issues associated with their practice. It is anticipated that students and practitioners new to the perioperative environment will find this article can assist them in relating the issues discussed to their own practice. More experienced practitioners can refresh their knowledge of these issues.
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19

Schwegel, Claire, Nicole Rothman, Kimberly Muller, Stephanie Loria, Katherine Raunig, Jamie Rumsey, Johanna Fifi, Thomas Oxley, and J. Mocco. "Meeting the evolving demands of neurointervention: Implementation and utilization of nurse practitioners." Interventional Neuroradiology 25, no. 2 (September 30, 2018): 234–38. http://dx.doi.org/10.1177/1591019918802411.

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Growth in the neurointerventional field, as a result of the emergence of thrombectomy as the gold standard treatment for large vessel occlusions, has created complex challenges. In an effort to meet evolving demands and fill workflow gaps, nurse practitioners have taken on highly specialized roles. Neurointerventional care has rapidly evolved similarly to interventional cardiac care, in that nurse practitioners are successfully being incorporated as procedural assistants in catheterization laboratories. Similar utilization of nurse practitioners in interventional neuroradiology holds the capacity to decrease physician workload, mitigate stresses contributing to burn-out, and reallocate more physician time to procedures. Nurse practitioner practice faces procedural, clinical, legal and interpersonal barriers. Despite calls for expanded practice by the Institutes of Medicine, a paucity of nurse practitioner training opportunities exists. Fragmented privileging processes contribute to environments where nurse practitioners must navigate hurdles without established interventional neuroradiology-specific precedent. Increased nurse practitioner mentorship, fluoroscopy law standardization, physician support surrounding nurse practitioner autonomy, and role consistency is imperative for optimal nurse practitioner utilization. Nurse practitioners are uniquely equipped to bridge evolving gaps through the provision of safe, efficacious care, and generating revenue at lower costs. Discussion surrounding nurse practitioner use to bridge workflow gaps is an exciting opportunity for future practice development.
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20

Rutkow, Lainie, Jon S. Vernick, Natalie L. Semon, Artensie Flowers, Nicole A. Errett, and Jonathan M. Links. "Translating Legal Research on Mental and Behavioral Health during Emergencies for the Public Health Workforce." Public Health Reports 129, no. 6_suppl4 (November 2014): 123–28. http://dx.doi.org/10.1177/00333549141296s416.

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Translation strategies are critical for sharing research with public health practitioners. To disseminate our analyses of legal issues that arise relative to mental and behavioral health during emergencies, we created 10 brief translational tools for members of the public health workforce. In consultation with an interdisciplinary project advisory group (PAG), we identified each tool's topic and format. PAG members reviewed draft and final versions of the tools. We then worked with local health departments throughout the country to distribute the tools along with a brief survey to determine practitioners' perceived utility of the tools. Through survey responses, we learned that practitioners believed the tools provided information that would be useful during the planning, response, and recovery phases of an emergency. This article describes the creation of the PAG, the development of the tools, and lessons learned for those seeking to translate legal and ethical research findings for practitioner audiences.
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21

Madhloom, Omar. "A normative approach to developing reflective legal practitioners: Kant and clinical legal education." Law Teacher 53, no. 4 (October 2, 2019): 416–30. http://dx.doi.org/10.1080/03069400.2019.1667082.

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22

Reinke, Amanda J., and Nicole Bevilacqua. "Legal aid amid bureaucracy." Journal of Legal Anthropology 6, no. 2 (December 1, 2022): 1–24. http://dx.doi.org/10.3167/jla.2022.060201.

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Abstract Disaster lawyers navigate bureaucratic impediments to insurance claims and settlement and federal recovery and relief, and they act as third-party facilitators for disaster-affected clients to help enable their survival efforts. The roles of such lawyers in navigating paperwork and bureaucratic processes on behalf of survivors, while assisting them in meeting basic daily needs, has become seen as being integral to recovery in these processes. We utilise findings from semi-structured interviews with disaster law practitioners working with disaster survivors in the south-eastern United States (SEUS) to examine the bureaucratic socio-legal life of disasters. We marshal bureaucratic violence literature to analyse disaster law practitioners’ perspectives of the socio-legal nature of disasters in the SEUS, demonstrating that the bureaucratic technologies of recovery are primary obstacles to expedient recovery and successful legal work with survivors.
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23

Smith, Robert. "Opioid Prescribing Risk Management Opportunities for the Advance Nurse Practitioners." Clinical Research Notes 2, no. 1 (September 6, 2021): 01–06. http://dx.doi.org/10.31579/2690-8816/035.

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All clinicians are ethically obliged to prescribe responsibly and cautiously to diminish the potential for opioid diversion and to help minimize the growth of the current opioid abuse epidemic. Advance nurse practitioners should establish procedures to better control and limit opioid prescription and develop analgesic regimens to treat pain. The main purpose and goal for this review is to present data congruent with clinical, medical, and legal reports for allowing an appreciation of the possibility of the risk assumed when ordering and prescribing opioids within our podiatry profession. First, the concept and process of risk management as illustrated using a root cause analysis approach will be introduced as well as applying these principles specifically to opioid prescribing will be presented. Then, several examples found in both medical and legal literature documenting the reasons for opioid prescription risk will be presented. Finally, mitigating strategies for safe opioid prescribing will be presented so that mitigation of opioid harm can be possible and realized by the advance nurse practitioner
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24

Jones, Lauren Joy, and Ashley Pearson. "The Use of Technology by Gold Coast Legal Practitioners." Law, Technology and Humans 2, no. 1 (January 31, 2020): 57–74. http://dx.doi.org/10.5204/lthj.v2i1.1304.

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Digital technology is inexorably changing the landscape of law. From the adoption of sustaining technologies, which enhance the productivity and efficiency of the traditional law firm, to the creation of disruptive technologies, which fundamentally challenge the established forms of the legal profession, the digitalisation of the legal sphere opens up new spaces and structures of legal practice that challenge the form of traditional law firms. Existing literature on the digitalisation of law paints a narrative of technological resistance by traditional law firms, suggesting that BigLaw firms are defensive of the power and status that the current model affords them. However, in reality, the wealth and expanse of BigLaw firms allow them to freely invest in and create new technological innovations. Recent Australian research places BigLaw firms at the forefront of adopting digital technologies into the legal market, leaving behind small and medium-sized legal firms as the victims of digital disruption rather than as technological adopters or beneficiaries. This article stands in contrast to the literature on traditional small and medium-sized firms, arguing that lawyers from such firms in Australia are not only embracing the use of technology but are also actively engaging in the digital transformation of legal practice. It presents qualitative findings from a 2018 study that involved open-ended interviews with nine lawyers from the Gold Coast, Australia on their use and adoption of digital technologies in their professional legal practice. Through unpacking these findings, this article demonstrates a new perspective of small and medium-sized traditional legal firms in which they do not resist law’s digital future but instead embrace it.
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25

YAAKOB, HANIWARDA. "Dento-Legal Issues in Malaysia: A General Guide for Dental Practitioners." Jurnal Sains Kesihatan Malaysia 20, no. 1 (January 1, 2022): 1–12. http://dx.doi.org/10.17576/jskm-2022-2001-01.

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Dentistry is a noble profession where dentists often manage to bring smiles and create confidence in patients. Nonetheless, as with other medical professionals, dentists too often encounter legal suits brought against them by their patients. Legal actions against dentists are not new in Malaysia, where several actions have been litigated in court. The rise in legal actions against medical professionals including dentists is associated with the increased awareness of patient’s rights and autonomy. Legal actions can cause several repercussions on dentists such as loss of reputation, shame and anxiety. As such, it is imperative for dentists to have the basic legal knowledge on the potential legal liability that they may face should something go wrong during the course of dental treatment. This is the main crux of this paper where several dento-legal cases that have been reported in Malaysian law journals are identified and analysed. This is followed with a brief discussion on the legal issues surrounding those cases. Legal principles governing the issues identified are provided in brief so as to provide dentists with basic legal knowledge on the legal aspect of dentistry.
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26

Wiggers, Gineke, Suzan Verberne, and Gerrit-Jan Zwenne. "Citation Metrics for Legal Information Retrieval: Scholars and Practitioners Intertwined?" Legal Information Management 22, no. 2 (June 2022): 88–103. http://dx.doi.org/10.1017/s1472669622000160.

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AbstractThis paper is written by Gineke Wiggers, Suzan Verberne and Gerrit-Jan Zwenne and examines citations in legal documents in the context of bibliometric-enhanced legal information retrieval. It is suggested that users of legal information retrieval systems wish to see both scholarly and non-scholarly information, and legal information retrieval systems are developed to be used by both scholarly and non-scholarly users. Since the use of citations in building arguments plays an important role in the legal domain, bibliometric information (such as citations) is an instrument to enhance legal information retrieval systems. This paper examines, through literature and data analysis, whether a bibliometric-enhanced ranking for legal information retrieval should consider both scholarly and nonscholarly publications, and whether this ranking could serve both user groups, or whether a distinction needs to be made. Their literature analysis suggests that for legal documents, there is no strict separation between scholarly and non-scholarly documents. There is no clear mark by which the two groups can be separated, and in as far as a distinction can be made, literature shows that both scholars and practitioners (non-scholars) use both types. They perform a data analysis to analyze this finding for legal information retrieval in practice, using citation and usage data from a legal search engine in the Netherlands. They first create a method to classify legal documents as either scholarly or non-scholarly based on criteria found in the literature. We then semi- automatically analyze a set of seed documents and register by what (type of) documents they are cited. This resulted in a set of 52 cited (seed) documents and 3086 citing documents. Based on the affiliation of users of the search engine, we analyzed the relation between user group and document type. The authors’ data analysis confirms the literature analysis and shows much crosscitations between scholarly and non-scholarly documents. In addition, we find that scholarly users often open non-scholarly documents and vice versa. Our results suggest that for use in legal information retrieval systems citations in legal documents measure part of a broad scope of impact, or relevance, on the entire legal field. This means that for bibliometric-enhanced ranking in legal information retrieval, both scholarly and non-scholarly documents should be considered. The disregard by both scholarly and non-scholarly users of the distinction between scholarly and non-scholarly publications also suggests that the affiliation of the user is not likely a suitable factor to differentiate rankings on. The data in combination with literature suggests that a differentiation on user intent might be more suitable.
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27

Dancer, Helen. "Legal Pluralism and Development: Scholars and Practitioners in Dialogue." Journal of Legal Pluralism and Unofficial Law 45, no. 3 (November 2013): 393–95. http://dx.doi.org/10.1080/07329113.2013.828487.

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28

Clarós, Pedro. "Legal framework governing Short-Term Medical Missions." Clinical Medical Reviews and Reports 3, no. 4 (April 6, 2021): 01–05. http://dx.doi.org/10.31579/2690-8794/072.

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The presence and influence of Non-Governmental Organizations (NGOs) in the landscape of global health and development have dramatically increased over the past several decades. Increasingly, Medical Practitioners in industrialized countries have become interested in global health issues, an interest that often takes the form of Short-Term international Medical Missions (STMMs). His article will aim to help Medical Practitioners to have a synthetic overview of the legal framework governing medical volunteering in STMMs and give them some recommendations. The idea of this article started from the need to have an overview of the legal framework governing medical volunteering missions organized by the Claros’s Foundation named "Foundation Clarós" (hereinafter also "FC"). To better understand who this article is addressed to, it is interesting to bring to your attention the concrete case from which this article was born. The following is a brief outline of what FC is all about. FC is a private, non-profit organization (NGO) whose aim is to provide medical care and alleviate the suffering of people in health and medical precarious situations.
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29

Martins, Crystal Coral, and Dr Gajanan Gawde. "Legal Text Mining." International Journal for Research in Applied Science and Engineering Technology 10, no. 7 (July 31, 2022): 4209–11. http://dx.doi.org/10.22214/ijraset.2022.45963.

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Abstract: The research and advancements in the field of “legal informatics” has resulted into development of various legal databases. Thus, huge volume of legal information gets generated. This information growth has accelerated the need to develop legal ontologies. Ontologies are widely used by legal practitioners, researchers and ordinary citizens for simulating legal actions, performing linguistics search and classification, and to stay up-to-date with the continual modification of laws. This research contributes to this purpose of developing an open legal ontology
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30

Liepins, Aldis, Osvalds Joksts, and and Janis Vetra. "The role of the Occupational Court of Latvian Medical Association in the system of legal liability of medical practitioners." SHS Web of Conferences 51 (2018): 01014. http://dx.doi.org/10.1051/shsconf/20185101014.

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The article The Role of the Occupational Court of Latvian Medical Association in the System of Legal Liability of Medical Practitioners describes the system of professional liability of medical practitioners, analyzing in details one of the institutions, which ensures professional liability of doctors and dentists – the Occupational Court of Latvian Medical Association. The article characterizes the position and role of the Occupational Court in the system of legal liability of medical practitioners, researches legal regulation for operations of the Occupational Court, the essence of the Occupational Court proceedings and the legal nature of decisions made in the Occupational Court. The article identifies potential problems in operations of the Occupational Court, making proposals how to eliminate the problems found out. The authors offer to expand the competence of the Occupational Court in the future. The article also touches upon such problematic issues relating to legal liability of medical practitioners as doctor's errors and medical errors, causality, etc.
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31

Cason, Jana, and Janice A. Brannon. "Telehealth Regulatory and Legal Considerations: Frequently Asked Questions." International Journal of Telerehabilitation 3, no. 2 (December 20, 2011): 15–18. http://dx.doi.org/10.5195/ijt.2011.6077.

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As telehealth gains momentum as a service delivery model in the United States within the rehabilitation professions, regulatory and legal questions arise. This article examines the following questions:1. Is there a need to secure licenses in two states (i.e., where the practitioner resides, and where the client is located), before engaging in telehealth?2. Do state laws differ concerning if and how telehealth can occur?3. Do any states expressly disallow telehealth?4. Can services delivered through telehealth be billed the same way as services provided in-person?5. If practitioners fulfill the requirements to maintain licensure (e.g., continuing education obligations) in their state of residence, do they also need to fulfill the requirements to maintain licensure for the state in which the client resides?6. Will professional malpractice insurance cover services delivered through telehealth?7. Does a sole practitioner need to abide by HIPAA regulations?Responses to these questions are offered to raise awareness of the regulatory and legal implications associated with the use of a telehealth service delivery model
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32

Lee, Marcia S. "Good, better, best? A model for Australian practitioners of forensic vocational assessment." Australian Journal of Rehabilitation Counselling 26, no. 1 (April 2, 2020): 43–47. http://dx.doi.org/10.1017/jrc.2020.8.

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AbstractVocational assessment is the foundation of future vocational choices available to a person with a disability. In a compensable environment with potential for litigation, the assessment process becomes more complex and challenging for claimant, practitioner, and other stakeholders. The purpose of forensic (medicolegal) vocational assessment in Australia is reviewed. Comparison of ethics, qualifications, and experience of Australian forensic assessors (practitioners) and their North American counterparts points to an urgent need for an accreditation framework. This paper discusses microaccreditation as an independent model of training and credentialing of Australian forensic vocational practitioners. Credentialing the forensic vocational practitioner serves to underpin the quality and rigor of vocational assessments undertaken in a highly scrutinized legal market.
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33

Hart, Caroline. "Sustainable Regional Legal Practice: The Importance of Alliances and the Use of Innovative Information Technology by Legal Practices in Regional, Rural and Remote Queensland." Deakin Law Review 16, no. 1 (August 1, 2011): 225. http://dx.doi.org/10.21153/dlr2011vol16no1art101.

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Recent reports into legal services in regional, rural and remote Queensland indicate that the supply of legal practitioners is insufficient to provide adequate legal services. This paper draws on the results of thirty in-depth interviews with partners (and directors of incorporated legal practices) on the topic of sustainable regional, rural and remote legal practice, with reference to business management practices. This paper focuses on the use of informal alliances between practitioners, and their use of innovative information technology in an effort to deal with the insufficiency of qualified legal staff.
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Sampson, Deborah A. "Alliances of Cooperation: Negotiating New Hampshire Nurse Practitioners’ Prescribing Practice." Nursing History Review 17, no. 1 (January 2009): 153–78. http://dx.doi.org/10.1891/1062-8061.17.153.

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Nurse practitioner legislation varies among states, particularly in relation to practice without physician oversight, altering the legal environment within which nurse practitioners can use knowledge and skills to meet patient needs. Using New Hampshire as a case study, this historical analysis of nurse practitioners’ negotiations over time for independent practice, defined in state practice acts, illuminates the complex social and economic factors affecting nurses’ struggle to gain legal rights over their own professional practice without supervision and intervention from another profession. In New Hampshire, not only did organized medicine oppose nurses’ rights to practice, but pharmacists demanded the right to control all aspects of medication management, including who could prescribe and under what circumstances prescribing could occur. Shifting social and political terrain as well as changes in legislative and state professional board leadership affected the environment and negotiations of a small group of nurses who were ultimately successful in obtaining the right to define their own professional practice.
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Fleischhacker, Sheila, Alice Ammerman, Wendy Collins Perdue, Joan Miles, Sarah Roller, Lynn Silver, Lisa Soronen, and Leticia Van de Putte. "Improving Legal Competencies for Obesity Prevention and Control." Journal of Law, Medicine & Ethics 37, S1 (2009): 76–89. http://dx.doi.org/10.1111/j.1748-720x.2009.00394.x.

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This paper is one of four interrelated papers resulting from the National Summit on Legal Preparedness for Obesity Prevention and Control (Summit) convened in June 2008 by the Centers for Disease Control and Prevention (CDC), the Robert Wood Johnson Foundation, and the American Society of Law, Medicine, Ethics. Each of the papers deals with one of the four core elements of legal preparedness: (1) laws and legal authorities for public health practitioners; (2) legal competencies public health practitioners and legal and policy decision makers need for use of these laws and authorities; (3) crossdisciplinary and cross-jurisdiction coordination of law-based public health actions; and (4) information on public health law best practices. Collectively, they are referenced as the “white papers.”Our purpose is to offer action options that will help to improve the legal competencies of public health practitioners and policy decision makers with respect to drafting, interpreting.
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Wallenius, Tomas. "The case for a history of global legal practices." European Journal of International Relations 25, no. 1 (December 19, 2017): 108–30. http://dx.doi.org/10.1177/1354066117743560.

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The contextual understanding of treatises of great legal thinkers has become an important focus in the historical study of international law. This article argues for an alternative approach going beyond classics of legal doctrine to study the interlinked broader global legal practices that constituted actual patterns of social order. Dead practitioners can, however, only be accessed through texts that remain under-conceptualized. I argue that literary theory provides the most helpful insights for developing a framework for studying legal texts. The historical importance of a legal text depends not only on why it was written, but also on how it was used, reinterpreted and even modified by later practitioners. The new method highlights an important alternative dynamic of legal change that first takes place through practice and is introduced to doctrine only afterwards, with posthumous editors often drastically modifying canonical works in order to make them more useful for contemporary practitioners.
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37

Rovito, Michael J., Janna Manjelievskaia, James E. Leone, Michael Lutz, Chase T. Cavayero, and David Perlman. "Recommendations for Treating Males: An Ethical Rationale for the Inclusion of Testicular Self-Examination (TSE) in a Standard of Care." American Journal of Men's Health 12, no. 3 (December 3, 2015): 539–45. http://dx.doi.org/10.1177/1557988315620468.

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The phrase “standard of care” is primarily a legal term representing what procedure a reasonable person (i.e., health practitioner) would administer to patients across similar circumstances. One major concern for health practitioners is delivering and advocating for treatments not defined as a standard of care. While providing such treatments may meet certain ethical imperatives, doing so may unwittingly trigger medical malpractice litigation fears from practitioners. Apprehension to deviate, even slightly, from the standard of care may (seem to) put the practitioner at significant risk for litigation, which, in turn, may limit options for treatment and preventive measures recommended by the practitioner. Specific to testicular treatment, certain guidelines exist for cancer, torsion, vasectomy, and scrotal masses, among others. As it relates to screening, practitioner examination is expected for patients presenting with testicular abnormalities. Testicular self-examination (TSE) advocacy, however, is discouraged by the U.S. Preventive Services Task Force, which may prompt a general unwillingness among health practitioners to promote the behavior. Considering the benefits TSE has beyond cancer detection, and the historical support it has received among health practitioners, it is paramount to consider the ethical implications of its official “exclusion” from preventive health and clinical care recommendations (i.e., standard of care). Since good ethics should lead practitioner patient care guidelines, not fear of increased malpractice risks, we recommend the development of a standard of care for counseling males to perform TSE.
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38

Cowling, Clare. "Legal Records at Risk: Does the Legal Profession Care about Preserving its Heritage? And What Could be Done to Rescue Private Sector Legal Records?" Legal Information Management 16, no. 3 (September 2016): 177–83. http://dx.doi.org/10.1017/s1472669616000360.

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AbstractThis article is written by Clare Cowling, Director, Legal Records at Risk Project, Institute of Advanced Legal Studies, University of London. Her article explores the hypothesis that modern private sector legal records are more at risk of loss than their historical equivalents. There are many reasons for this, but one factor, detailed in this article, appears to be the indifference or reluctance of legal practitioners themselves. The LRAR project seeks to allay any concerns practitioners may have about confidentiality and to raise their awareness of the potential commercial and historic value of their legal records. It will do this by a combination of case studies, interviews with stakeholders and investigations into the current information management and archiving practices of institutions specialised to law. In so doing it will provide guidance and advice on the more cost-effective management and preservation of legal records so that the history of change to non-governmental legal services in the UK over the past century will be accurately documented.
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39

Church, Thomas W. "Examining Local Legal Culture." American Bar Foundation Research Journal 10, no. 03 (1985): 449–518. http://dx.doi.org/10.1111/j.1747-4469.1985.tb00508.x.

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This study examines the contours of local legal culture in four criminal trial courts. Local legal culture is conceptualized as common practitioner norms governing case handling and participant behavior in a court. A questionnaire consisting of descriptions of 12 hypothetical cases, together with questions regarding the appropriate mode of disposition, disposition speed, and sentence, was completed by judges, defense attorneys, and prosecutors in each of the courts. Responses on these questions are compared across courts and various types of practitioners. The responses are also compared with analogous data on actual case dispositions in each of the courts. The major substantive conclusion of the research is that the existence of local legal culture—if defined as attitudinal agreement on proper disposition of criminal cases—is most apparent on issues of a procedural nature: disposition time and the necessity of a trial to resolve issues in the case. On these procedural dimensions there is general agreement among the lawyers and judges practicing in a court; furthermore, the contours of this agreement tend to differ across courts and to be related to actual practices (as illustrated by the samples of closed cases). On issues relating more to the substance of the cases—the appropriateness of plea concessions and the proper sentence—much more intracourt disagreement emerges. This disagreement is consistent with traditional notions of the roles of opposing counsel in an adversary setting, suggesting that at least attitudinal adversariness is present in the courts examined.
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Bartnikaitė, Edita, and Vilma Bijeikienė. "Perspectives in Legal English in-Service Education: Needs Analysis in Lithuanian Context." Studies in Logic, Grammar and Rhetoric 49, no. 1 (March 1, 2017): 21–35. http://dx.doi.org/10.1515/slgr-2017-0002.

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Abstract Legal English, being among the most complex and multifaceted areas of English for Specific Purposes (ESP), has duly received considerable attention on the part of linguists, discourse and learner needs′ analysts, sociolinguists and ESP researchers (Cheng and Cheng, 2014; Hafner, 2013; Hartig and Lu, 2014; Huhta et al, 2013; Shuy 2001). Most research has been carried out to investigate lexical, syntactic, grammatical and other communicative competences of law students in various cycles of higher education. An area that is still highly in need of examination is the development of communicative competences of Legal English among law practitioners who might have had a course of Legal English in their law studies and face with an urge of revision or might have not been introduced to Legal English whatsoever. In light of these observations, the present study examines the needs and problems regarding the use of general and legal English faced by 34 law practitioners, namely lawyers and judges working at two law companies and a district court in Kaunas, Lithuania. The study assumes qualitative methodology including a semi-structured interview and a questionnaire. The results have revealed that communicative competence of legal practitioners gained during their formal education does not meet the demands of their legal practice. While skills of general English appear not to cause many problems, skills of legal English are not developed to an adequate level. Therefore, as the study shows, it is absolutely inevitable to develop and offer in-service education of Legal English carefully attuned to the diverse levels of competences and needs of legal practitioners.
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41

Famuyide, Mobolaji, Caroline Compretta, and Melanie Ellis. "Neonatal nurse practitioner ethics knowledge and attitudes." Nursing Ethics 26, no. 7-8 (October 14, 2018): 2247–58. http://dx.doi.org/10.1177/0969733018800772.

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Background: Neonatal nurse practitioners have become the frontline staff exposed to a myriad of ethical issues that arise in the day-to-day environment of the neonatal intensive care unit. However, ethics competency at the time of graduation and after years of practice has not been described. Research aim: To examine the ethics knowledge base of neonatal nurse practitioners as this knowledge relates to decision making in the neonatal intensive care unit and to determine whether this knowledge is reflected in attitudes toward ethical dilemmas in the neonatal intensive care unit. Research design: This was a prospective cohort study that examined decision making at the threshold of viability, life-sustaining therapies for sick neonates, and a ranking of the five most impactful ethical issues. Participants and research context: All 47 neonatal nurse practitioners who had an active license in the State of Mississippi were contacted via e-mail. Surveys were completed online using Survey Monkey software. Ethical considerations: The study was approved by the University of Mississippi Medical Center Institutional Review Board (IRB; #2015-0189). Findings: Of the neonatal nurse practitioners who completed the survey, 87.5% stated that their religious practices affected their ethical decision making and 76% felt that decisions regarding life-sustaining treatment for a neonate should not involve consultation with the hospital’s legal team or risk management. Only 11% indicated that the consent process involved patient understanding of possible procedures. Participating in the continuation or escalation of care for infants at the threshold of viability was the top ethical issue encountered by neonatal nurse practitioners. Discussion: Our findings reflect deficiencies in the neonatal nurse practitioner knowledge base concerning ethical decision making, informed consent/permission, and the continuation/escalation of care. Conclusion: In addition to continuing education highlighting ethics concepts, exploring the influence of religion in making decisions and knowing the most prominent dilemmas faced by neonatal nurse practitioners in the neonatal intensive care unit may lead to insights into potential solutions.
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42

Hsieh, Ming-Li, and Melanie-Angela Neuilly. "Within and Inter-Institutional Differences Between Death Certifiers on Autopsy Conclusions." Journal of Interpersonal Violence 34, no. 5 (May 3, 2016): 1063–73. http://dx.doi.org/10.1177/0886260516647006.

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This study seeks to establish whether medico-legal practitioners differ in their autopsy conclusions within and across medico-legal institutions. Data include 459 violent deaths (homicides, suicides, and accidents) autopsy reports written by more than 20 death certifiers from four medico-legal institutions in two countries (France and the United States). Multinomial models show that compared with accidental deaths, weapon use and decedents’ characteristics both influence a homicide verdict, but not a suicide one. In addition, French practitioners are more likely than Americans to reach a conclusion of homicide or suicide compared with accident, and homicides are more likely to be certified by male practitioners.
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43

Frawley, Shayna, David J. Doorey, Marie-Helene Elizabeth Budworth, and Parbudyal Singh. "Legal Compliance and Human Resource Practitioners: A Reasoned Action Approach." Academy of Management Proceedings 2020, no. 1 (August 2020): 12503. http://dx.doi.org/10.5465/ambpp.2020.212.

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44

Zamora, Stephen, and Jorge A. Vargas. "Mexican Law: A Treatise for Legal Practitioners and International Investors." American Journal of Comparative Law 47, no. 3 (1999): 546. http://dx.doi.org/10.2307/840943.

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45

Miller, Diane M. "Legal Matters: Naturopathic Practitioners Work to Protect Rights to Practice." Alternative and Complementary Therapies 14, no. 4 (August 2008): 212–17. http://dx.doi.org/10.1089/act.2008.14409.

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46

CUMPER, GLORIA. "Neglecting legal status in health planning: nurse practitioners in Jamaica." Health Policy and Planning 1, no. 1 (1986): 30–36. http://dx.doi.org/10.1093/heapol/1.1.30.

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47

Hansen, David J., and Kurt M. Bumby. "Involuntary Clients and Involuntary Practitioners: Legal, Ethical, and Effective Practice." Contemporary Psychology: A Journal of Reviews 39, no. 5 (May 1994): 535–36. http://dx.doi.org/10.1037/034351.

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48

Halkina, N. M., D. R. Kovalchuk, and A. Yu Kundii. "LEGAL REGULATION OF LABOR REGULATIONS OF IT PRACTITIONERS IN UKRAINE." Juridical scientific and electronic journal, no. 11 (2022): 332–37. http://dx.doi.org/10.32782/2524-0374/2022-11/78.

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49

FUKUI, Kota. "The Transforming Market for Legal and Law-Related Practitioners in Japan." Asian Journal of Law and Society 6, no. 2 (November 2019): 347–58. http://dx.doi.org/10.1017/als.2020.6.

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AbstractThe legal- and law-related-services market is undergoing significant transformation: it is being expanded and becoming highly competitive, affected by the cultural and economic diversification of the current world society. In Japan, another aspect must be considered in order to clearly understand this transformation. In addition to fully qualified legal professionals, or bengoshi, there are many different certified law-related practitioners such as shihō shoshi (judicial scriveners), gyōsei shoshi (administrative scriveners), zeirishi (certified public tax attorneys), benrishi (patent attorneys), sharōshi (labour and social-security attorneys), and others who are also important actors in the legal- and law-related-services market. These certified law-related practitioners take on important roles not only in services related to civil and administrative law, but also in corporate legal matters in the specialized fields of the business activities of small and medium-sized enterprises (SMEs) in Japan. Traditionally, bengoshi and other certified law-related practitioners have shared the legal-services market symbiotically, without competition. However, the situation has gradually changed since around the 1990s. In this paper, the factors of the transformation of the Japanese legal- and law-related-services market are discussed based on empirical data, and the direction of the transformation in this market is indicated.
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50

Johnson, Maree, Brooke Murphy, Sheryn Payne, and Sungwon Chang. "Self-assessment of medico-legal risk by doctors: the Know Your Risk Version 1 – Short Form." Australian Health Review 32, no. 2 (2008): 339. http://dx.doi.org/10.1071/ah080339.

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An instrument to measure medico-legal risk-management behaviours among medical practitioners was developed and tested. A cross-sectional survey was posted to 962 UNITED Medical Protection members receiving premium support. A final sample of 757 currently working medical practitioners responded, including general practitioners (21.9%), surgeons (29.9%), obstetricians and gynaecologists (12.7%), and others (35.5%). The Know Your Risk Version 1 ? Short Form and other tools developed by this team are available for use by group practices, hospital administrators and practitioners. These tools have the potential to assist regulators and insurers to identify, monitor or screen individual medico-legal risk behaviours.
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