Essential Cases On Misconduct

Author : Benedict Winiger
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 311053567X
Total Pages : 1308 pages
Book Rating : 4.79/5 ( download)

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Download or read book Essential Cases on Misconduct written by Benedict Winiger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-01-22 with total page 1308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.

Author : National Academies of Sciences, Engineering, and Medicine
Publisher : National Academies Press
ISBN 13 : 0309391253
Total Pages : 327 pages
Book Rating : 4.52/5 ( download)

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Download or read book Fostering Integrity in Research written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2018-01-13 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The integrity of knowledge that emerges from research is based on individual and collective adherence to core values of objectivity, honesty, openness, fairness, accountability, and stewardship. Integrity in science means that the organizations in which research is conducted encourage those involved to exemplify these values in every step of the research process. Understanding the dynamics that support â€" or distort â€" practices that uphold the integrity of research by all participants ensures that the research enterprise advances knowledge. The 1992 report Responsible Science: Ensuring the Integrity of the Research Process evaluated issues related to scientific responsibility and the conduct of research. It provided a valuable service in describing and analyzing a very complicated set of issues, and has served as a crucial basis for thinking about research integrity for more than two decades. However, as experience has accumulated with various forms of research misconduct, detrimental research practices, and other forms of misconduct, as subsequent empirical research has revealed more about the nature of scientific misconduct, and because technological and social changes have altered the environment in which science is conducted, it is clear that the framework established more than two decades ago needs to be updated. Responsible Science served as a valuable benchmark to set the context for this most recent analysis and to help guide the committee's thought process. Fostering Integrity in Research identifies best practices in research and recommends practical options for discouraging and addressing research misconduct and detrimental research practices.

Author : Bénédict Winiger
Publisher : Walter de Gruyter
ISBN 13 : 9783112188804
Total Pages : 1176 pages
Book Rating : 4.02/5 ( download)

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Download or read book Essential Cases on Damage written by Bénédict Winiger and published by Walter de Gruyter. This book was released on 2011 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt: With an emerging ius commune in the field of tort law, the extensive range of experiences derived from national court practice on the basis of prior laws will in certain respects be of comparatively less importance. A major lacuna is thus apparent: While publications of court decisions and databases exist, none provide access to a comparative selection of recurring issues in the various European legal systems. Along the lines of the previous Digest project on Causation, this study covers another key element of tort law damage. The publication contains a systematic selection of cases from 27 countries across Europe in addition to ECJ case-law, with each case benefiting from an analysis and commentary from a national and, where appropriate, a comparative perspective. Further, the impact of these rulings on a future European law of torts is highlighted. Finally, the publication also looks into how key cases would be resolved under unified European tort law drafts. The object of the study is thus to bridge domestic case-law with the new body of uniform tort law thus facilitating the continuity of legal development in Europe."

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.30/5 ( download)

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Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Barbara K. Redman
Publisher : MIT Press
ISBN 13 : 0262019817
Total Pages : 209 pages
Book Rating : 4.11/5 ( download)

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Download or read book Research Misconduct Policy in Biomedicine written by Barbara K. Redman and published by MIT Press. This book was released on 2013-10-11 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of current biomedical research misconduct policy that proposes a new approach emphasizing the context of misconduct and improved oversight. Federal regulations that govern research misconduct in biomedicine have not been able to prevent an ongoing series of high-profile cases of fabricating, falsifying, or plagiarizing scientific research. In this book, Barbara Redman looks critically at current research misconduct policy and proposes a new approach that emphasizes institutional context and improved oversight. Current policy attempts to control risk at the individual level. But Redman argues that a fair and effective policy must reflect the context in which the behavior in question is embedded. As journalists who covered many research misconduct cases observed, the roots of fraud “lie in the barrel, not in the bad apples that occasionally roll into view.” Drawing on literature in related fields—including moral psychology, the policy sciences, the organizational sciences, and law—as well as analyses of misconduct cases, Redman considers research misconduct from various perspectives. She also examines in detail a series of clinical research cases in which repeated misconduct went undetected and finds laxity of oversight, little attention to harm done, and inadequate correction of the scientific record. Study questions enhance the book's value for graduate and professional courses in research ethics. Redman argues that the goals of any research misconduct policy should be to protect scientific capital (knowledge, scientists, institutions, norms of science), support fair competition, contain harms to end users and to the public trust, and enable science to meet its societal obligations.

Author : Joseph F. Lawless
Publisher :
ISBN 13 : 9780327163077
Total Pages : pages
Book Rating : 4.70/5 ( download)

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Download or read book Prosecutorial Misconduct written by Joseph F. Lawless and published by . This book was released on 2003-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Dan Mayer
Publisher : Cambridge University Press
ISBN 13 : 9780521540278
Total Pages : 398 pages
Book Rating : 4.75/5 ( download)

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Download or read book Essential Evidence-Based Medicine written by Dan Mayer and published by Cambridge University Press. This book was released on 2004-06-17 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an ideal introductory text on Evidence Based Medicine (EBM) for medical students and all health-care professionals.

Author : United States. National Labor Relations Board. Office of the General Counsel
Publisher : U.S. Government Printing Office
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.74/5 ( download)

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Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Stanley J. Grenz
Publisher : Baker Books
ISBN 13 : 1441215379
Total Pages : 222 pages
Book Rating : 4.76/5 ( download)

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Download or read book Betrayal of Trust written by Stanley J. Grenz and published by Baker Books. This book was released on 2001-09-01 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual misconduct by clergy is a devastating issue that reaches across all denominations, damaging the credibility of the church in its wake. The media regularly reports on the moral failure of leaders and abuse at the hands of those who are supposed to be trustworthy. Betrayal of Trust focuses on a common scenario of abuse--sexual involvement between a male pastor and a female congregant--and offers practical solutions on how to respond to and prevent this betrayal of trust. This book presents methods that will help churches respond sensitively to victims and implement policies and procedures to prevent abuse from taking place. For clergy who may be at risk for this behavior, it offers help in establishing appropriate boundaries. This second edition includes a new chapter that offers help for the wandering pastor and a risk-determination questionnaire for pastors who may become abusers.

Author :
Publisher : BRILL
ISBN 13 : 9047413717
Total Pages : 321 pages
Book Rating : 4.14/5 ( download)

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Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.