Physician Responsibility on the Frontiers of Tort Law
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Chapter 4 PSYCHOLOGICAL DYNAMICS in INTERNATIONAL
This chapter is from The Art of Advocacy in International Arbitration. © JurisNet, LLC 2010 www.arbitrationlaw.com Chapter 4 PSYCHOLOGICAL DYNAMICS IN INTERNATIONAL ARBITRATION ADVOCACY Richard C. Waites and James E. Lawrence I. Introduction One of the inherent strengths of the current system of international arbitration is the unique opportunity for advocates and students of advocacy from so many different cultures to learn from each other about ways to enhance the effectiveness of their arguments and presentations. Some approaches to effective advocacy that might at one time been seen as radical have become routine as they were tested and found to be effective, while other approaches once thought to be expected and normal have been abandoned. In addition to cross-cultural learning, we are all benefitted by the influences of disciplines other than law as we work to improve the effectiveness of our advocacy. For example, scientific research in the field of psychology has provided valuable information about how to improve communications and persuasion in arbitration and other types of legal decision making, and thus, assist arbitration panels and individual arbitrators in better understanding the evidence and positions of the parties in an arbitration. There is a substantial body of research and writing relating to the use of scientific methodology as applied in the context of both court trials and domestic arbitrations within the United States. For example, scientific methodologies have been used to study various aspects of lay jury and domestic arbitrator selection, lay juror and domestic arbitrator perceptions, the impact of using visual aids during the trial and arbitration process, and decision making 69 70 ART OF ADVOCACY IN INTERNATIONAL ARBITRATION processes throughout court trial and domestic arbitration proceedings. -
Background Note on Human Rights Violations Against Intersex People Table of Contents 1 Introduction
Background Note on Human Rights Violations against Intersex People Table of Contents 1 Introduction .................................................................................................................. 2 2 Understanding intersex ................................................................................................... 2 2.1 Situating the rights of intersex people......................................................................... 4 2.2 Promoting the rights of intersex people....................................................................... 7 3 Forced and coercive medical interventions......................................................................... 8 4 Violence and infanticide ............................................................................................... 20 5 Stigma and discrimination in healthcare .......................................................................... 22 6 Legal recognition, including registration at birth ............................................................... 26 7 Discrimination and stigmatization .................................................................................. 29 8 Access to justice and remedies ....................................................................................... 32 9 Addressing root causes of human rights violations ............................................................ 35 10 Conclusions and way forward..................................................................................... 37 10.1 Conclusions -
Confidentiality in Arbitration: Beyond the Myth Richard C
University of Missouri School of Law Scholarship Repository Faculty Publications 2006 Confidentiality in Arbitration: Beyond the Myth Richard C. Reuben University of Missouri School of Law, [email protected] Follow this and additional works at: http://scholarship.law.missouri.edu/facpubs Part of the Dispute Resolution and Arbitration Commons, and the Evidence Commons Recommended Citation Richard C. Reuben, Confidentiality in Arbitration: Beyond the Myth, 54 U. Kan. L. Rev. 1255 (2006) This Article is brought to you for free and open access by University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. Confidentiality in Arbitration: Beyond the Myth Richard C. Reuben* I. INTRODUCTION Confidentiality has long been part of the mythology of alternative dispute resolution (ADR). That is to say, one of the apparent virtues of ADR is that its processes have been viewed as confidential. This aspect of the mythology has come under more scrutiny in recent years, particularly in the mediation context.2 This is not surprising considering the popularity of mediation 3 and the centrality of confidentiality to the mediation process. 4 Confidentiality was the primary thrust of the Uniform Mediation Act (UMA), 5 and in their * Richard C. Reuben is an associate professor of law at the University of Missouri-Columbia School of Law. I would like to thank Chris Drahozal, Steve Ware, and the members of the Kansas Law Review for inviting me to participate in this symposium, and all of the symposium participants for their helpful comments. -
Did I Do That?
Did I Do That? ISSUES IN COMMUNICATION, DOCUMENTATION, AND RISK IN HEALTHCARE DECISIONS. Andy McLean, MD, MPH OBJECTIVES Describe risk and protective factors in doctor-patient communication Understand the importance of appropriate health record documentation in the era of patient-centered care Articulate an awareness of how to “expand the field” when involved in difficult healthcare decisions The Art of Medicine Medical Ethics • 4 Principles: • Autonomy* • Beneficence- (Dr. should act in Pt. best interest) • Non-Maleficence- “primum non nocere” prē-mu m-̇ ˌnōn-no -̇ ˈkā-rā (first, do no harm) Justice-fairness (as in, allocation of resources) Harm combinations Resulting from the underlying Resulting from the care/services medical condition provided to the patient Inherent risk of treatment Systems failure Provider performance Canadian Medical Protective Association What happened? Duty-A physician has a duty to provide competent care to a patient Breach-Did the physician’s conduct, whether by act or omission, fall below the applicable standards of care? Causation- “But for…” Proximate cause (foreseeability) Damages Breach- Omissions of Fact and Judgment Fact- Did you review all the facts you knew or should have known… Judgment- Once reviewed, did you make a reasonable clinical decision, and document such? It is recognized that physician’s aren’t perfect and that even with reasonable care, negative outcomes occur. You are much more likely to be “forgiven” if you documented how you weighed your decision (based on the facts…) “Foreseeability” -
Defining Remission in Rheumatoid Arthritis: What Is It? Does It Matter?
Editorial Defining Remission in Rheumatoid Arthritis: What Is It? Does It Matter? When the American College of Rheumatology (ACR) criteria for remission include 6 signs and symptoms: fatigue, preliminary criteria for remission1 were developed in 1981, joint pain, morning stiffness, joint tenderness, joint patients with established rheumatoid arthritis (RA) rarely swelling, and erythrocyte sedimentation rate (ESR); phys- experienced remission, although a number of patients with ical function and structural damage to joints are ignored. recent onset of polyarthritis had periods when their RA The DAS (Disease Activity Score) index uses a mathemat- temporarily regressed or remitted and a few had prolonged ical formula to arrive at a single composite quantitative remission or even permanent recovery from the disease. score representing tender joints (Ritchie index), swollen This was more frequent in children with oligoarthritis, and joints (44-joint count), Westergren ESR and patient’s global was generally considered to be a gift from God. The guiding assessment (0–100 visual analog scale) of disease activity6. principle for treatment of RA was “primum non nocere,” It is a useful continuous quantitative summary measure of exemplified by the therapeutic pyramid. Because RA was signs and symptoms of RA inflammation, similar to the expected to persist for the lifetime of the patient, available signs and symptoms included in the dichotomous ACR drugs were used cautiously so one would not run out of ther- remission criteria, but also ignores physical function and apeutic options too rapidly. For most patients therapy had structural damage. The DAS-28 uses the abbreviated 28- little effect on continued disease progression. -
Challenges to the Legitimacy of International Arbitration 29Th ITA Workshop and Annual Meeting
Challenges to the Legitimacy of International Arbitration 29th ITA Workshop and Annual Meeting Highlights | Keynote: Gary Born (Wilmer Cutler Pickering Hale and Dorr LLP, Challenges to the Legitimacy London) | Featured speakers include Meg Kinnear (Secretary-General, of International Arbitration International Centre for Settlement of Investment Disputes (ICSID), 29th ITA Workshop and Washington, D.C.), and Jacomijn van Haersolte-van Hof (Director General, London Court of International Arbitration (LCIA), London) Annual Meeting | Expert perspectives on the legitimacy of the process, the decision makers and the result June 14 - 16, 2017 | Mock scenes: arbitrator challenges and deliberations | Young Lawyers Roundtable Marriott at Legacy Town Center | Welcome Reception Plano, Texas (Dallas) | Workshop Networking Dinner at Mexican Sugar Cantina | Workshop Co-Chairs: | Caline Mouawad, King & Spalding LLP, New York ITA is an Institute of | Jeremy K. Sharpe, Shearman & Sterling LLP, London | Prof. Jarrod Wong, University of the Pacific, McGeorge School of Law, Sacramento Challenges to the Legitimacy of International Arbitration SCHEDULE June 14 Introduction Workshop Co-Chairs Until recently, international arbitration was widely seen as fair, neutral, and effective. The field’s rapid growth reinforced this perception, helping establish Caline Mouawad international arbitration as the default mechanism for resolving transnational King & Spalding LLP disputes. New York Today, this perception holds less currency. Many now doubt the fairness of the arbitration process, the integrity of the decision-makers, and the legitimacy Jeremy K. Sharpe of awards obtained through “private” justice. These criticisms are not limited to domestic or investment arbitration, but increasingly impact international Shearman & Sterling LLP commercial arbitration as well. Nor is the debate confined to small circles of London academics and NGOs; it has spread to politicians, journalists, and the wider public. -
Code Gray.Pub
Written by Christine Mitchell, RN, FAAN and Ben Achtenberg with a historical commentary by Susan Reverby, PhD and assistance from Joan Sawyer and Karen Wolf, RN, MS Contents INTRODUCTION ....................................................................................... 3 Background ............................................................................................3 Synopsis of the Film ..............................................................................3 Suggested Uses .......................................................................................4 Scheduling ..............................................................................................4 FILM AS A TOOL FOR DISCUSSION .......................................................4 WHAT IS NURSING ETHICS? ...................................................................5 GLOSSARY ...................................................................................................5 SOME GENERAL DISCUSSION QUESTIONS ........................................6 CASE 1: BENEFICENCE ............................................................................7 Description of the Case .........................................................................7 The Principle: Beneficence ...................................................................7 Questions for Discussion ......................................................................8 CASE 2: AUTONOMY ................................................................................9 Description -
Erica A. Doerhoff V. General Growth Properties, Inc
Case 2:06-cv-04099-SOW Document 42 Filed 11/06/2006 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION ERICA A. DOERHOFF, Individually ) and as a representative of the Class of ) Customers of General Growth Properties, ) Inc., who were charged a “Monthly ) Servicing Fee” on GGP Gift Cards, ) Case No. 06-04099-CV-C-SOW ) Plaintiff, ) ) v. ) ) GENERAL GROWTH PROPERTIES, INC. ) ) Defendant. ) ORDER Before the Court is Defendant’s Motion to Compel Arbitration and to Stay Proceedings Pending Arbitration (Doc. # 15). Defendant General Growth Properties, Inc. (“GGP”) moves this Court, pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), for an Order compelling plaintiff Erica A. Doerhoff (“Doerhoff”) to arbitrate this dispute on an individual basis and stay this action pending arbitration. Doerhoff refuses to arbitrate her claim. For the reasons stated below, defendant’s motion is denied. I. Background On May 11, 2006, this case was removed from Missouri state court based on the Class Action Fairness Act. This case is a putative nationwide class action brought by Doerhoff individually and as a representative of the class of customers of GGP, who were charged a $2.00 Monthly Service Fee (the “Monthly Fee”). The Monthly Fee is charged on GGP Mall Gift Cards (the “Gift Cards”). The terms and conditions state, “Subject to applicable law, we may deduct a monthly Service Fee of $2.00, however, we will waive that Service Fee for the first 12 months Case 2:06-cv-04099-SOW Document 42 Filed 11/06/2006 Page 2 of 12 after the purchase date.” When a customer purchases a Gift Card, there is a written agreement supplied with the card setting forth the terms and conditions for the Gift Cards - the GGP Mall Gift Cardholder Agreement (the “Gift Card Agreement”). -
First, Do No Harm”: Old and New Paradigms in Prehospital Resuscitation in the Aquatic Domain
International Journal of Aquatic Research and Education Volume 10 Number 2 Article 5 10-16-2017 “First, Do No Harm”: Old and New Paradigms in Prehospital Resuscitation in the Aquatic Domain John H. Pearn Lady Cilento Children's Hospital, Brisbane, Queensland, Australia, [email protected] Richard Charles Franklin James Cook University, [email protected] Follow this and additional works at: https://scholarworks.bgsu.edu/ijare Part of the Applied Ethics Commons, Bioethics and Medical Ethics Commons, Health and Physical Education Commons, Legal Theory Commons, Leisure Studies Commons, Medicine and Health Commons, Social and Philosophical Foundations of Education Commons, and the Social Control, Law, Crime, and Deviance Commons Recommended Citation Pearn, John H. and Franklin, Richard Charles (2017) "“First, Do No Harm”: Old and New Paradigms in Prehospital Resuscitation in the Aquatic Domain," International Journal of Aquatic Research and Education: Vol. 10 : No. 2 , Article 5. DOI: https://doi.org/10.25035/ijare.10.02.05 Available at: https://scholarworks.bgsu.edu/ijare/vol10/iss2/5 This Education Article is brought to you for free and open access by the Journals at ScholarWorks@BGSU. It has been accepted for inclusion in International Journal of Aquatic Research and Education by an authorized editor of ScholarWorks@BGSU. Pearn and Franklin: First, Do No Harm Abstract The balance between benefit and risk is central to the work of all those involved in aquatic services. The Hippocratic exhortation of Primum non nocere, “First, do no harm,” has a history of over 2000 years. Superficially, all would support this dictum, but harm can result from inaction. -
Standard Arbitration Clauses for the AAA and ICDR
DRAFTING NOTES AFRICA STUDIO/Shutterstock.com Standard Arbitration Clauses for the AAA and ICDR This excerpt of Standard Clauses from our website can be used when drafting an arbitration agreement applying the rules of the American Arbitration Association (AAA) or the International Centre for Dispute Resolution (ICDR). These clauses are modeled on the standard recommended arbitration clauses of the AAA and ICDR, and have integrated notes with important explanations and drafting tips. For the complete, continuously maintained version of this resource, which includes the standard recommended clauses of the International Chamber of Commerce (ICC) and the United Nations Commission on International Trade Law (UNCITRAL), visit Practical Law online. LEA HABER KUCK JULIE BÉDARD COLM P. McINERNEY PARTNER PARTNER ASSOCIATE SKADDEN, ARPS, SLATE, SKADDEN, ARPS, SLATE, SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP MEAGHER & FLOM LLP MEAGHER & FLOM LLP Lea concentrates her Julie concentrates her Colm focuses his practice on the resolution practice on international practice on international of complex disputes arising litigation and arbitration. litigation and arbitration. out of international business transactions. She She regularly advises clients on the drafting of He represents US and international clients represents clients in federal and state courts in dispute resolution clauses and has served as in matters involving complex corporate and the US, as well as in international arbitrations counsel in international arbitration proceedings commercial litigation, in both federal and state conducted under UNCITRAL, the ICC, ICDR, held under the auspices of the ICC, AAA, ICDR courts and in international arbitrations. London Court of International Arbitration and and International Centre for Settlement of other arbitration rules. -
R-Speech.125 )Persuading the Arbitration Panel: Keys to Make the Winning Presentation at the Hearing
R-Speech.125 )Persuading the Arbitration Panel: Keys to Make the Winning Presentation at the Hearing Created on 11/14/2007 5:26:00 PM R:\Dunn Forms\SPEECHES\FORMS\R-speech.125 - (revision) 11-14-07) Persuading the Arbitration Panel Keys to Make the Winning Presentation at the Hearing.doc ROGGE DUNN BOARD CERTIFIED TEXAS BD. OF LEGAL SPECIALIZATION: * CIVIL TRIAL LAW 5200 RENAISSANCE TOWER * LABOR & EMPLOYMENT LAW 1201 ELM STREET WRITER’S DIRECT DIAL: (214) 220-0077 DALLAS, TEXAS 75270-2142 WRITER’S E-MAIL: [email protected] PH: (214) 220.3888 ▲ FAX: (214) 220.3833 CENTER FOR INTERNATIONAL LEGAL STUDIES EMERGING TRENDS IN DISPUTE RESOLUTION Persuading the Arbitration Panel: Keys to Make the Winning Presentation at the Hearing By Rogge Dunn December 2 – December 8, 2007 Steamboat Springs, Colorado Created on 11/14/2007 5:26:00 PM R:\Dunn Forms\SPEECHES\FORMS\R-speech.125 - (revision) 11-14-07) Persuading the Arbitration Panel Keys to Make the Winning Presentation at the Hearing.doc I. RESEARCH YOUR ARBITRATOR As with any presentation, knowing your audience is the most important aspect of your presentation. What persuades one individual or group of individuals may dissuade another group. This is particularly true when you are dealing some cultures and cross-border cultural considerations. This applies to the content of your argument, including whether to concentrate on legal principles, case law, or on the equities and principles of justices. It also applies to the presentation of your argument so the delivery will be well-received. A. Sources for Intelligence on Your Arbitrators 1. -
The Hippocratic Oath and Principles of Medical Ethics
MEDICINE AND PUBLIC POLICY The Hippocratic Oath and Principles of Medical Ethics Gilbert Berdine MD The Hippocratic Oath is associated with the morally right. This tradition remains in the modern practice of medicine, but over time fewer medical era. “As God is my witness I hereby pledge to …” can graduates have taken any form of the Hippocratic be found in modern rituals to stress the seriousness Oath. As of 2006, the State University of New York of purpose. Courts in the U.S. require prospective Upstate Medical School in Syracuse was the only witnesses to pledge their truthfulness: “Do you sol- U.S. medical school that administered the classic emnly swear or affirm that you will tell the truth, the version of the Hippocratic Oath to its graduates. The whole truth, and nothing but the truth, so help you Hippocratic Oath has been revised to make it more God?” This pledge becomes a source of contention in acceptable to modern schools, but the medical pro- a multi-cultural society as some members believe in fession no longer has a common set of promises that other deities. guide it. This article will look at the classic version of the Hippocratic Oath to see why it has been aban- Anyone who takes his or her religion seriously doned. Modern medical students wish to graduate would not pledge to a pagan god as this would be a into an ancient order of physicians, so they long for form of idolatry. This pledge is probably the main rea- a solemn ceremony, but it is difficult to craft a solemn son that the Oath has been abandoned in the modern ceremony that remains agreeable to a diverse group era, but what can take its place as a symbol of seri- of students.