Book categories

Murders without Bodies

The Case Files of America's Top "No Body" Homicide Prosecutor

by Robert J. Sullivan, Ph.D.

2020

Each and every year, thousands of people go missing, over one-third of them are victims of murder, and their bodies are never recovered. These cases are seldom investigated, much less prosecuted due to lack of evidence and lack of resolve by prosecutors. This book takes a deep dive into actual investigations and prosecutions of murders without bodies and is intended for those with interest in criminal investigation and risky prosecutions. The reader will learn the complexities of evidence identification, witness testimony, forensics, legal maneuvering, courtroom tactics, and the psychology of jury selection. Though many books are written about murder investigation, this book is unique as it delves into six actual real-life cases from the initial missing person report through the murder in...

The Generic Challenge

Understanding Patents, FDA and Pharmaceutical Life-Cycle Management (Sixth Edition)

by Martin A. Voet

2020

This Sixth Edition of The Generic Challenge provides important new updates on current regulatory, legal and commercial issues affecting brand and generic pharmaceutical products, including new laws establishing generics for biologics, and changes brought about by the recently enacted America Invents Act. It explains clearly and understandably the roles of patents, FDA regulation of drugs and the Hatch Waxman Act in commercial drug development in light of generic challenges and how improvements in innovative drug products provide benefits to patients while extending the commercial lives of the drugs. There is simply no other book of its kind on this important subject. REVIEWS [W]ho would benefit from a book toeing the line of enabling appreciation without going into too much detail? .... ...

Strategic Approaches to the Legal Environment of Business

A Game Theory Based Decision Making Guide for Managers

by Michael O'Brien, András Margitay-Becht

2018

Current and future managers are regularly confronted with decisions that create risk in the legal environment of business. This book provides a framework for qualifying legal risk and then determining if the legal risk is worth taking. This framework begins by looking at the relationship between the firm, its suppliers, customers, owners, agents, and others in society as a whole to understand specific risks in personal injury, agreements, products, borrowing money, employees, independent contractors, and business entity selection. When the manager is aware of the magnitude of the risk and the likelihood of the risk, the manager is in a strong position to determine if the risk is worth taking. This book uses numerous applications from Game Theory to determine how risks of the firm compare t...

Asylum and Sanctuary in History and Law

A Social and Political Approach to Temporary Protections Around the World

by James Biser Whisker and Kevin R Spiker

2021

This book explores the history and evolution of sanctuary and asylum as a legal concept including treaties, laws, and court rulings by major geographic areas around the world, influences of Hebrew [Old Testament], classical sanctuary theory and practices, the Koran, and other Islamic-Arab regional accords and conventions. The authors' approach is well cited and suitable for those who want a good starting point for further study. Included in the book are chapters on the following topics: Sanctuary and Asylum, Jewish View of Asylum, Asylum History, Asylum in France, Asylum: History, Asylum in France, Asylum in Great Britain, Asylum in Germany, Asylum: Islamic Law, Asylum in International Treaties, Asylum in International Relations, Asylum in the United States, Asylum in the European Communit...

Knowledge Management in Police Oversight

Law Enforcement Integrity and Accountability

by Petter Gottschalk

2009

Police oversight agencies are citizens' watchdog organizations designed to ensure that the police are operating with integrity and accountability. Integrity is defined as the quality of being honest and morally upright. Accountability refers to situations in which someone is required or expected to justify actions or decisions. Based on integrity and accountability challenges in police forces all over the world, this book discusses the roles and methods of police oversight agencies. Knowledge management in police oversight is presented by identifying knowledge categories and knowledge management systems. A model for police oversight performance is developed in the book, and the model is applied to an oversight agency as a case study. By the same author: White-Collar Crime: Detection...

The Best American Legal Commentary

by Rosemary Passantino (editor)

2005

This anthology features accessible, enjoyable, thought-provoking essays on timely legal issues by prominent journalists and scholars. Selected from well-known magazines like Atlantic Monthly, Harvard Business Review, The New Yorker, Slate, and Vanity Fair, each essay explores an important question currently being debated in our counts. Should government intervene in the business of a free market? Should people of the same sex be allowed to marry? Should religious icons be displayed in government buildings? Is a college student who mixes music on his laptop a thief? Any reader who would like to gain insight into the workings of the legal system while taking pleasure in excellent writing will enjoy this valuable collection. Including: Vikram Amar on What's Wrong with the Modern Jury Al...

Effective Intellectual Property Management for Small to Medium Businesses and Social Enterprises

IP Branding, Licenses, Trademarks, Copyrights, Patents and Contractual Arrangements

by Francina Cantatore and Elizabeth Crawford-Spencer

2018

Intellectual property (IP) management is an area of corporate management that has often been neglected or overlooked by small and medium size businesses, and even more so by smaller third sector enterprises, despite the fact that effective IP management strategies can make the difference between the success and failure of an organization. This book focuses on ways in which small and medium size enterprises - including social enterprises - can protect and manage their IP.A valuable resource for any legal practitioner dealing with IP law and commercial law areas, this book explains the importance and value of IP, including patents, trademarks, copyright, branding and licenses, and provides insight into day-to-day challenges faced by smaller businesses and social enterprises. It also includes...

The Case of the Welched Reward

Spies, the FBI and Pursuit of Peru's Most Infamous Fugitive

by Mark A. Cymrot

2023

Reward takes the reader behind the scenes of an international manhunt and an unusual lawsuit that rattled law enforcement in three countries. The story is born out of a real-life spy thriller--the flight of Peru's notorious National Security chief, Vladimiro Montesinos, who was accused of many crimes. The lawsuit, Jose Guevara v. Republic of Peru, was brought by a Venezuelan spy who claimed Peru's $5 million reward after he was caught in an FBI sting attempting to extort a Miami banker to release Montesinos' dirty money. The next day, Venezuelan President Hugo Chavez triumphantly announced Montesinos' capture and extradition to Peru. What happened in Guevara's jail cell is an untold story that is the key to whether Guevara earned Peru's reward. Cymrot took over Peru’s defense after the U.S...

Integrating Financial Services Regulation

Exploring Some of the Challenges Posed by the EU Data Protection Regime

by Solomon Osagie

2018

The book charts the course and the history of how the regulation of financial services has evolved looking particularly at data protection. It addresses concepts like integration theory, the behaviour of nation-states when they attempt to forge geo-political unions and the implications and outcomes of state interaction in regulatory matters. Unlike many other General Data Protection Regulation (GDPR) publications in the market, it contains useful analyses of the GDPR but it does so in a very practical and informative way. It recognises the perspectives of various interests including academics and commercial organisations and presents the subject in a compelling, historical and easy to digest manner, starting with the challenges of integration that the EU has faced. It then charts the cours...

The Business of Trademarks

A Practical Guide to Trademark Management for Attorneys and Paralegals

by Carol Chadirjian

2018

We come in contact with many trademarks each day on television, retail stores, Internet. The Business of Trademarks explains why trademarks are so important to businesses and how they identify the manufacturer and guarantee consistent quality to achieve brand loyalty. The Business of Trademarks is intended as a practical guide for those new to trademarks, including attorneys, paralegals and law students requiring a concise, comprehensive book on trademark prosecution to gain the skills and knowledge necessary to perform day-to-day trademark work diligently, confidently and with efficiency. Specific topics covered are:* Trademark searching for clearance* Forms to be filed with the Patent and Trademark Office* Famous trademarks and trade dress * Responding to office actions* Methods of enfor...

The International Distribution Agreement

A Practical Approach to Transnational Contracting across the European Union, the United States and Latin America (2nd edition)

by Marco Mastracci

2020

With the ever-increasing interconnection between markets, businesses and individuals from all over the globe, professionals are asked to develop a greater interest in the international implications of contracts. This book focuses attention on the distribution agreement, one of the most widely used contractual schemes in the practice of international exchanges, providing a analysis and information on the issues that should be considered by the practitioner when drafting, interpreting or executing an international agreement. Issues relating to the choice of the governing law, the competent court, the validity or invalidity of some clauses, the impact that the language of the contract may have, as well as the different meaning and scope of application of some principles, such as good faith an...

Civil Rights in America

A Handbook of Legal History

by Daniel McLinden

2021

Here American history and American law merge into one. Key historical events and landmark legal cases fill the pages of this book. American ideals of “All men are created equal” and “Equal justice under law” run headlong into white supremacy and gender inequality. This textbook allows history teachers and students alike to explore the social and cultural impact of judicial thinking on American society. The lessons are clear, concise and informative. They can be taught in a single semester in a Civil Rights class or in tandem with an American History class. A wider reading audience, interested in how the wheels of justice turn, can gain a deep understanding in short order of the history and case law surrounding civil rights. WORDS OF PRAISE "A brief and comprehensive analysis ...

Hidden Treuhand

How Corporations and Individuals Hide Assets and Money

by Shelley A. Stark

2009

What part is Hidden Treuhand playing in the ensuing global financial crisis? The Hidden Treuhand is the single most powerful business tool in the world of globalization today. It is the missing key, reshaping the world’s financial system though few have ever heard of it. With a Hidden Treuhand you can anonymously exercise complete economic rights in all commercial markets worldwide hiding assets and money from stockholders and taxation alike. Many are unaware that U.S. corporations are using Hidden Treuhand to hide the scope of their economic activities – for example - Halliburton. From banks to bailouts, to shareholder value and pension funds – wealth is disappearing. How is it possible to hide stockholder wealth or economic activities worldwide? Hidden Treuhand is a trade secre...

Beyond the Bodyguard

Proven Tactics and Dynamic Strategies for Protective Practices Success

by Gavriel Schneider

2009

This book is an advanced, well-rounded and in-depth view about what it takes to be the best in the international arena, in a world where change is the only constant. It is endorsed by a wide range of industry experts. This well-researched book will take you to higher levels, enabling you to be among the best in the demanding world of the truly professional bodyguard, by giving you the tools to develop and measure yourself. Who would benefit from this unique and powerful book? 1. Everyone who is in or wants to be involved in the close protection industry 2. Everyone in the security industry worldwide including: - Police, military, and related agencies - Anti-terror and counter-terrorist units - Current Close Protection or bodyguarding organizations - Private security organiz...

Time for the Appeal Tribunal in Investment Arbitration

Lessons from WTO and Transitioning to the New Era

by Ahmet Dulger, LL.M.

2018

This Thesis presents a proposal for building an effective, legitimate, and transparent judicial system in the investor-state dispute settlement through an appellate review mechanism for the awards of ad hoc arbitral tribunals. Current investment dispute settlement system includes the arbitration facilities provided by institutions such as ICSID and ad hoc arbitration tribunals agreed by the disputing parties. This Thesis argues that this scheme of investment arbitration lacks the mechanisms for correcting the legal errors and securing the consistency between arbitral awards for the similar issues of investment law. As a comparable mechanism, the WTO Dispute Settlement Mechanism is examined to contribute to the establishment of a viable appellate mechanism in the investment arbitration. The...

Principles of Arbitration Law

by Kenneth K. Mwenda

2003

The book examines principles of arbitration law as they apply to many common law and civil law jurisdictions. In many countries, the use of alternative dispute resolution to resolve matters in areas relating to, say, foreign direct investment and industrial unrest has been heralded by many as a cost-effective way of settling disputes. Chapters in the book cover, among other things: the efficacy of the legal framework for arbitration in Zambia under the Arbitration Act 1933; the efficacy of the legal framework for arbitration under Zambia's Arbitration Act 2000; aspects of international law applicable to the legal framework for arbitration; and efforts to develop international and regional frameworks for arbitration.Other books by this author include: Banking Supervision and Systemac Bank R...

Prisons in the Neoliberal Era

Class and Symbolic Dimensions

by Dimitris Koros

2011

The aim of this paper is to explore prison's class and symbolic dimensions in the Neoliberal Era. Neoliberalism was approached as the empowerment of the market which leads to the dismantlement of the social welfare state and to the strengthening of the penal state for the marginalised populations. Also, it was analysed as the 'conduct of conduct' in the Foucauldian sense, as it was argued that prison is a tool of government, functioning for the management of the marginalised populations. An effort was undertaken to discuss the differences of the US, the 'carceral example', with the European Union countries. The class and symbolic dimensions of punishment were first approached from a historical and a theoretical perspective respectively, before attempting to discuss neoliberalism, aiming to...

Implicity of Electronic Contract Formation

With Reference to Email and Website

by Taimur Inayat Malik

2011

This research is conducted with an intention to have an overview of the contracts made online, what possible difficulties can arise within such commercial transactions and to assist readers upon the legal ambiance which environs it.

The Applicable Law to International Commercial Contracts and the Status of Lex Mercatoria

With a Special Emphasis on Choice of Law Rules in the European Community

by Mert Elcin

2010

International commercial contracts in the context of increasing globalization of the national markets have posed some of the most difficult questions of the legal theory as developed since the emergence of nation states; those are, whether it is possible or desirable to allow international commercial contracts to be governed by the law merchant or, in its medieval name, lex mercatoria, a body of rules which has not been derived from the will of sovereign states, but mainly from transnational trade usages and practices, and to what extent those rules should govern transnational transactions. The traditional approach of legal positivism to the questions maintains that law governing contracts containing a foreign element should be a national law which will be determined according to choice of...

Sharia Law and the Arab Oil Bust

PetroCurse or Cost of Being Muslim?

by Glenn L Roberts

2007

The delayed development of the Islamic world, in defiance of the formulaic approaches long favored by economists, suggests that the traditional Sharia and Islamic values and principles are at least partially responsible for the region’s persistent backwardness. By analyzing the impact of the legal regime of the Sharia on Saudi Arabia during the Arab Oil Bust of the 1980s, this thesis concludes that Islamic social values and the Sharia’s de facto role as an uncodified pre-emptive Arab common law implemented with high regard to precedent by ulama with extraordinary power of judicial review had the effect of accentuating the effects of the Oil Bust, making the theory of the Petrocurse a subset of a larger Cost of Being Muslim. On the other hand, the author concludes that not only is the Sh...

Legal Aspects of Privatisation

A Comparative Study of European Implementations

by Bulent Seven

2003

The main aims of this thesis are as follows:(a) To present a comprehensive analysis of the concept of privatisation its origins and limits, (b) To identify the legal and institutional framework for privatisation in different European countries from a comparative perspective; (c) To define and analyse particularly legal issues which arise during the privatisation transactions: e.g. labour law, competition law etc.; (d) To evaluate which features of the successful legal and organisational framework of privatisation have been successful so as to provide guidelines for those individuals and organisations participating in the privatisation exercises.This work found out that there is no simple, internationally applicable recipe for privatisation; various legal methods and techniques can be used ...

Redesigning the Internet for Content Regulation

by Lawrence J. Appleman

2008

The Internet was designed for effective movement of data -accurate and complete- from any point to any other point. The communication protocols, technological foundation, and original governance of the Internet all worked toward this goal. In contrast, legal constraints on transmission of information often have the obverse objectives of limiting, controlling, or preventing this movement of content. This dissertation proposes that the fundamental architecture of the Internet must change in order to allow effective regulation and legal control of content on the Internet.

The Integrated Protestant Ethic and the Spirit of Environmentalism

by Sherrie Steiner Aeschliman

1998

The theory and data of environmental science suggest that growth in rates of population, consumption and environmental degradation, as a result of the activities of industrialized societies, has created an ecological crisis to which modern societies must adapt. However, adaptation is problematic. Max Weber studied adaptive social change during the industrial revolution. The evolution of this new way of life was initially problematic because individuals who established industrialism were socialized under feudalism. In this dissertation, I consider The Protestant Ethic and the Spirit of Capitalism as a theoretical treatise framed by modern human ecology in order to study social change in the context of the ecological crisis of industrialism. The Protestant Ethic is known for descr...

Emile Durkheim On Crime and Punishment (An Exegesis)

by Seamus Breathnach

2002

In civilised society the rising "crime rate" is a thing of terror. Clever governments manipulate it, the public messianically fear it, and the social scientists misunderstand it. In the face of such confusion Emile Durkheim reminds us that without a crime rate society is utterly impossible; it cannot constitute itself, maintain its solidarity, or develop morally. In short, we cannot live with or without a crime rate.This dissertation is an exegetical work, and attempts to unpack the Criminology of Emile Durkheim. It is divided into six chapters, five of which are expository, the sixth critical. It begins with a look - in overview - at Durkheim`s philosophy and how it underpins his theories of crime and punishment (chap.1).By their nature theories of crime and punishment (chap.2) presuppose...

Post Traumatic Stress Disorder and the Law

by Trevor Hicks

2003

‘Nervous shock’ cases form an area of law, which illustrates well the operation of judicial policy. It is possible from such cases to trace the changing attitudes of lawyers, doctors and of society in general to psychiatric injury over the last century. These cases also highlight the changing judicial attitudes to the scope of duty of care and to the whole issue of policy decisions.The recognition of nervous shock similarly illustrates the development of medical knowledge in relation to psychiatric injury. The recognition of Post traumatic Stress Syndrome (PTSD) has been a relatively new and controversial phenomenon and this disorder has now been incorporated into the various classifications of mental disorder as a recognisable psychiatric illness.This book examines the development of t...

The Development of International Arbitration on Bilateral Investment Treaties

Disputes Between States and Investor, ICSID Cases Against Turkey Regarding Energy Sector

by Zeynep Akgul, LLM

2008

This dissertation analyses developments of international arbitration on investment disputes. Recent years, there has been an extraordinary increase in the number of investment arbitration for breach of Bilateral Investment Treaties (BITs). These treaties include substantive and procedural rules to provide investment security and investment neutrality to foreign investor. In particular, most BITs have investor-state dispute settlement provision which allows investors to sue host states directly. Through analyzing the Turkish BIT experience, this study concludes that there are different approaches that utilized in various investor-state dispute settlement provisions. Thus, the wording of these provisions is important. Furthermore, the ICSID arbitration is mostly incorporated into BITs d...

The Development of International Investment Law

Lessons from the OECD MAI Negotiations and Their Application to a Possible Multilateral Agreement on Investment

by Yusuf Caliskan

2008

This dissertation analyses developments in the international regulation of foreign direct investment (FDI). The international legal framework of investment encompasses numerous binding or non-binding legal instruments, including customary international law, bilateral investment treaties, and international organizations’ decisions and resolutions. The rules established by the international legal framework become effective and significant when they are able to be adapted by appropriate and compatible domestic law frameworks. Through analyzing the Turkish foreign investment regulations and policies, this study concludes that there is a successful and complex interaction between international rules and domestic rules on FDI. Like many developing countries, since the 1980s Turkey has revamp...

Factors Influencing Juror Sentencing Decisions:

Race, Social Economic Status, Attorney Credibility and the Relevance of Stereotype Attribution Theory

by Nichole Force

2008

148 undergraduate students acted as mock jurors in a study that manipulated the following variables to assess their influence on Subjects’ determination of guilt and sentencing severity of a criminal defendant: race of defendant, social economic status (SES) of defendant, race of victim, and credibility of defense attorney. A chi square analysis of the relationship between the four independent variables and verdict found defendant SES and attorney quality/credibility to be significant. A 2 x 2 x 2 x 2 anova for sentence length found a main effect of attorney quality and a significant interaction between defendant race and SES. A factorial anova on the projected likelihood of the defendant to commit a criminal act in the future found main effects for defendant SES and attorney quality. Fac...

The Right on Abortion

Comparative Approach Concerning Croatia, Federal Republic of Germany, and US

by Dalida Rittossa

2008

I. Introduction The actuality of the abortion issue is explained in this chapter. The author expresses his determination to explore philosophical and historical background of this problem in the United States and Germany emphasising the legal development of abortion regulations. The comparative legal method was used as a proper means to illuminate Croatian controversial situation concerning the termination of pregnancy and to contribute in a modest way to probable law reforms. The objective of this thesis is to prove, despite very different substantive rules of abortion regulations in these countries, the similarities behind formal differences which witness about the universality of abortion dilemmas. Bearing this in mind, it is possible to propose suitable legal solutions and to foresee...

The Place of the Explained Verdict in the English Criminal Justice System

by Bethel G.A. Erastus-Obilo

2008

Lay participation in the criminal justice process in the form of a jury is a celebrated phenomenon throughout the common law jurisdictions. While not claiming credit for its origin, England, as the latent cradle of the modern jury, disseminated this mode of trial to a great part of the world through colonization. Yet, trial by jury does not enjoy constitutional protection under English law. The system has been under severe criticism, curtailment and considerable pressure in recent times, perhaps far more than in other countries. Critics have demanded reform or outright abolition and supporters have opposed the demands just as vehemently and any reform achieved has been piecemeal and reluctant. The furore has helped to galvanise robust and extensive intellectual debate on the subject. It ha...

Islamic Human Rights and International Law

by Glenn L. Roberts

2007

Traditional Islamic law has long been regarded as academic, local in nature, and relevant only as a measure of the inadequacy of women’s rights in the family law regimes of a few Islamic states. In opposition, the author argues that the Sharia is both a quasi-regional customary international law capable of competing with prevailing customary international law, and brings its own international agenda of “Islamic human rights” that compete with and seek to displace “Western human rights.” Rather than acknowledging the rights of Muslims qua Muslims internationally, aggressive proponents of an “American customary-law-of-human-rights school” have responded with a new militant doctrine of “instant customary law” to aid the U.S. in its “war on terror,” targeting the Sharia wherever encountered, a...

Reason Curve, Jury Competence, and the English Criminal Justice System

The Case for a 21st Century Approach

by Bethel Erastus-Obilo

2009

Reason Curve, Jury Competence, and the English Criminal Justice System, a cross-jurisdictional and cross-disciplinary book, seeks to stimulate discussion and extend the debate in the area of criminal trials in light of the absence of an articulated explanation for a verdict. The book traces the history and development of the jury, from the Carolingian kings, its advancement in the English Courts following papal intervention, the impact of the Magna Carta, to its general use, current curtailment in England and Wales, and re-emergence in Continental Europe. Central to the book's submission is the dictum that the jurors' franchise to deliver a cryptic verdict is 'a matter between them and their conscience.' In light of human and civil rights movements, the book advances arguments that a cr...

Advanced Skills in Executive Protection

by A. Hunsicker

2010

Any professional actively engaged in the executive protection field, novice or veteran, whether in a team or as team leader, must train for, and be able to pinpoint, even the most unexpected security concerns. The continuation of The Fine Art of Executive Protection - Handbook for the Executive Protection Officer (2007), Advanced Skills in Executive Protection contains carefully selected and illustrated material for the executive protection and security enforcement professional. All available training and study material, individual case studies, and real scenarios, combined with professional experience, serve as the foundation for this specialist's manual. For the client, as a prospective principal, it provides important details that will assure lifesaving protection. Comprehensive, d...

Do African Children Have Rights?

A Comparative and Legal Analysis of the United Nations Convention on the Rights of the Child

by Stephen N. Achilihu

2010

Children are the most politically powerless citizens of all nations. Infants and young children, especially, are the most vulnerable. The United Nations 1989 Convention on the Rights of the Child (CRC) constitutes a landmark in the development of international human rights law and reflects an historic turn in universal thinking about children and their rights. It is almost universally embraced, with more ratifications than any other human rights treaty in history. Africa is one of the continents in the world where the rights of the child are still a mirage; a continent where half of the population is made up of children. But the sad reality for many of these children is that violation of their rights is not seen as a serious problem. These violations, in most cases, have severe conseque...

Incapacitating the Innocent

An Investigation of Legal and Extralegal Factors Associated with the Preadjudicatory Detention of Juveniles

by Patrick R. Webb

2010

The purpose of this study was to identify the factors associated with the utilization of preadjudicatory detention among juveniles in the United States. Specifically, this study identified: (a) the philosophical basis associated with the utilization of the preadjudicatory detention of juveniles, (b) the legal origins of the preadjudicatory detention of juveniles, (c) a number of theoretical perspectives associated with the use of preadjudicatory detention of juveniles, and (d) whether legal (i.e., prior record, offense, etc.) or extralegal factors (i.e., race, gender, etc.) were associated with the detention of juveniles in the juvenile justice system. The study utilized a quantitative method design in which secondary data were employed. A total of 7,135 juveniles were analyzed from sec...

The Contribution of Natural Law Theory to Moral and Legal Debate Concerning Suicide, Assisted Suicide, and Voluntary Euthanasia

by Craig Paterson

2010

Chapter one argues for the important contribution that a natural law based framework can make towards an analysis and assessment of key controversies surrounding the practices of suicide, assisted suicide, and voluntary euthanasia. The second chapter considers a number of historical contributions to the debate. The third chapter takes up the modern context of ideas that have increasingly come to the fore in shaping the 'push' for reform. Particular areas focused upon include the value of human life, the value of personal autonomy, and the rejection of double effect reasoning. Chapter four engages in the task of pointing out structural weakness in utilitarianism and deontology. The thesis argues that major systemic weaknesses in both approaches can be overcome by a teleology of ...

Reasons for Disclosure in the Physician-Patient Relationship

How Physician Conduct and Reimbursement Methodologies Lead to Fraud and Abuse in Medicare

by Kathleen Johnson

2010

The solvency of the Medicare Trust Fund has been debated for the past twenty-five years and despite various stop-gap measures, fraud and abuse continues. Public policy in the form of Stark legislation, anti-kickback laws, and false claims acts were enacted to reduce over-utilization of services and prohibit self-referral and inducements for patients and services. Despite public policy and continued prosecution of fraud, Medicare reimbursement methods fail to control physician conduct of over-utilization and inducements for referrals. Following the concept of the informed consent doctrine and the theory of fiduciary trust in the patient-physician relationship, it is the author's thesis that transparency and disclosure with respect to physician prescription and referral practices can mit...

Essential Knowledge and Management Issues in Law Firms

by Martin Apistola and Petter Gottschalk

2012

Knowledge management plays an important role in helping law firms as knowledge organizations create, share and apply knowledge to the needs of law firm clients. This book covers important topics such as characteristics of knowledge, knowledge management systems, objectives and strategies, knowledge processes, change analysis, and change strategy framework. By the same author: Practical Strategies for Effective Law Firm Knowledge Management White-Collar Crime: Detection, Prevention and Strategy in Business Enterprises Policing Financial Crime: Intelligence Strategy Implementation Knowledge Management in Police Oversight: Law Enforcement Integrity and Accountability

Unveiling the "Invisibility Cloak"

Investigating the Extent to Which the Kingdom of Thailand's Failure to Address the Issue of Enforced Disappearances Violates Their Responsibility towards the Protection of Basic Human Rights by Comparison with the International Human Rights Jurisprudence

by Sarah M.J. Muzart

2012

Despite being an act that is widely practiced under the guise of a significant number of States, little is known about the intrinsic realities of enforced disappearances. General literature on the topic is lacking, and laws that address the problem are scarce. Enforced disappearances have only come to the attention of the international community fairly recently. At the dawn of this century, Thailand understandably remains one of the most active countries in the practice of enforcedly disappearing people as a means of removing them from the protection of the law because of no legally justifiable reason for arrest or detention - an ultimate breach of the Rule of Law. This book aims to attribute responsibility to the Kingdom of Thailand for failing to introduce legal mechanisms and safeguard...

Exploring the Vitality of Stare Decisis in America

Debut Symposium Report for The Matthew Fogg Symposia on the Vitality of Stare Decisis in America

by Zena D. Crenshaw-Logal

2012

Grassroots advocates, public interest attorneys, and legal scholars gathered in October 2011 at the University of Baltimore for the debut symposium of "The Matthew Fogg Symposia On The Vitality of Stare Decisis In America." Convening such a broad and in many ways diverse audience, requires the program series to be worthwhile academically, yet have populist appeal. Towards that end, the event website explains: "It is both scholarly and practical to examine the current vitality of stare decisis as a legal doctrine in America." That we use Latin to describe the concept suggests it is complex, mysterious, and beyond the cares of most Americans. Yet stare decisis, sometimes called the "doctrine of precedent", arguably preserves what is among their most valued treasures, the legitimacy of Am...

Identifying Juvenile Firesetters

A Survey of the Operating Procedures, Risk Assessment Instruments and the Characteristics of Juvenile Firesetter Intervention Programs in the United States

by Arthur Mastrangelo

2013

Juvenile firesetting is a complex and dangerous problem. According to the National Fire Protection Association (NFPA) between 2005 and 2009 juvenile firesetters were responsible on average for 56,300 fires annually and, according to the Federal Bureau of Investigation, over the past twenty years more than half of juvenile arrests have been for arson. The Federal Emergency Management Agency's (FEMA) Juvenile Firesetter Intervention Handbook provides risk assessment tools to assess future firesetting involvement. The fire service, because of its role in fire suppression and investigation, is often the initial contact for these juveniles. This study examined the characteristics, operations, and utility of the Handbook's assessment instruments. Findings were that while programs operate accordi...