Climate change lawsuits represented by strategic litigation have become a new force to promote global climate governance. Among them, using the norms and theories of human rights law to present litigation claims, cond...Climate change lawsuits represented by strategic litigation have become a new force to promote global climate governance. Among them, using the norms and theories of human rights law to present litigation claims, conduct legal reasoning, and form human rights-based argumentation has been one of the most successful strategies for climate change lawsuits. The Paris Agreement marked a major watershed for human rights-based argumentation in climate change lawsuits: Before the signing of the Agreement, human rights-based argumentation in climate change lawsuits remained in its trial stage;since the signing of the Paris Agreement, as a litigation strategy, it has become more flexible and diversified, as its relationship with climate governance is becoming increasingly complicated. The uncertainty of climate legal obligation and the process of legalization of climate targets have fostered new dimensions for human rights-based argumentation: Shifting from an accountability logic to a litigation strategy, from international law to domestic law, from holding governments accountable to holding enterprises accountable. There are micro, medium, and macro paths to clarify the human rights-based argumentation, all leading to truly integrating human rights perspectives and ideas into a nation’s specific process of climate governance and valuing and leveraging the value of human rights-based argumentation as a tool, so as to achieve the goal of climate governance.展开更多
Background: The number of medical lawsuits has been increasing in Japan. This research aimed to clarify trends in radiology-related cases based on a database search of lawsuits and to consider how to avoid the problem...Background: The number of medical lawsuits has been increasing in Japan. This research aimed to clarify trends in radiology-related cases based on a database search of lawsuits and to consider how to avoid the problems that lead to these kinds of lawsuits. Decrease of radiology-related medical lawsuits makes radiologists work more comfortable. Materials and Methods: The Japanese court case search system “D1-Law.com”, a comprehensive database that includes 29,000 laws and 210,000 precedents, was used to search for relevant lawsuits. The primary (α) keyword was related to radiology. A search was conducted as “α” × “medical” × “compensation for damages” for the period from 1 January 1965 through 30 September 2013. Basic information on 3383 extracted lawsuits was examined. Of these, 35 cases directly related to radiologists were selected, and the judgments or outcomes were investigated. All cases were classified by modality (type of treatment), whether damages were awarded in each modality, and whether the litigation issues were related to procedure, informed consent (IC), diagnosis, or interpretation. Court judgments were analyzed to determine whether a causal relationship was established and how that affected the outcome. Results: The number of lawsuits gradually increased in the 1980s and 1990s and then began to decrease slightly in the 2000s. Interventional radiology (IVR) had the greatest number of cases and greatest number where compensation was awarded. No characteristic trends were identified with regard to litigation issues. There was a tendency to reject cases where no causal relationship was recognized and the treatment was considered appropriate. Conclusion: Mistakes in IVR procedures, lesions overlooked during image interpretation, and misdiagnoses were the main causes of litigation. In IVR, it is important to improve techniques and establish improved communication and trust with patients before and after therapy. In addition to developing methods to prevent overlooking lesions, the adequacy of all diagnoses obtained from radiological images must be carefully reviewed. Results of our study require the radiologists careful and precise image interpretation and intimate relationship with the patients in addition to a certain technique when performing IVR.展开更多
Inmates in jails and prisons are a high-risk group for suicide. Often, legal claims of medical negligence and §1983 based on deliberate indifference by the correctional officials follow. Unique stable and dynamic...Inmates in jails and prisons are a high-risk group for suicide. Often, legal claims of medical negligence and §1983 based on deliberate indifference by the correctional officials follow. Unique stable and dynamic factors and circumstances and their interaction explain most suicides. A systematic suicide screening using a well-designed suicide screening questionnaire that captures known risk factors will identify most inmates at risk if adequately used. Identification and subsequent mental health assessment set the stage for preventive intervention, monitoring, and treatment of the inmates. A multidimensional suicide prevention program saves not only lives but also the best defense against a liability lawsuit.展开更多
Keda Elevator Company Infringes "KODAK" Trademark Right Ruling No. Suzhongminchuzi 0213/2005 The US Eastman Kodak began to use the "KODAK" as a trademark on camera in 1888, and it has, so far, regi...Keda Elevator Company Infringes "KODAK" Trademark Right Ruling No. Suzhongminchuzi 0213/2005 The US Eastman Kodak began to use the "KODAK" as a trademark on camera in 1888, and it has, so far, registered nearly 1,700 "KODAK" trademarks in more than 150 countries and regions. From early 2005, the Keda Elevator Company (Keda for short) began to use the "KODAK" word only or together with "KEDA" in a top-down arrangement, on its lift and elevator products, its corporate signboard, its employees' name cards, ...展开更多
A lawsuit or "suit in law"is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable rem...A lawsuit or "suit in law"is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. Although not as common, lawsuit may also refer to a criminal action, criminal proceeding, or criminal claim.展开更多
基金achievement of the 70t h batch of Post-doctoral Science“Judicial Governance of Carbon Peaking and Carbon Neutrality Compliance from the Perspective of China-US Competition”(2021M702103)。
文摘Climate change lawsuits represented by strategic litigation have become a new force to promote global climate governance. Among them, using the norms and theories of human rights law to present litigation claims, conduct legal reasoning, and form human rights-based argumentation has been one of the most successful strategies for climate change lawsuits. The Paris Agreement marked a major watershed for human rights-based argumentation in climate change lawsuits: Before the signing of the Agreement, human rights-based argumentation in climate change lawsuits remained in its trial stage;since the signing of the Paris Agreement, as a litigation strategy, it has become more flexible and diversified, as its relationship with climate governance is becoming increasingly complicated. The uncertainty of climate legal obligation and the process of legalization of climate targets have fostered new dimensions for human rights-based argumentation: Shifting from an accountability logic to a litigation strategy, from international law to domestic law, from holding governments accountable to holding enterprises accountable. There are micro, medium, and macro paths to clarify the human rights-based argumentation, all leading to truly integrating human rights perspectives and ideas into a nation’s specific process of climate governance and valuing and leveraging the value of human rights-based argumentation as a tool, so as to achieve the goal of climate governance.
文摘Background: The number of medical lawsuits has been increasing in Japan. This research aimed to clarify trends in radiology-related cases based on a database search of lawsuits and to consider how to avoid the problems that lead to these kinds of lawsuits. Decrease of radiology-related medical lawsuits makes radiologists work more comfortable. Materials and Methods: The Japanese court case search system “D1-Law.com”, a comprehensive database that includes 29,000 laws and 210,000 precedents, was used to search for relevant lawsuits. The primary (α) keyword was related to radiology. A search was conducted as “α” × “medical” × “compensation for damages” for the period from 1 January 1965 through 30 September 2013. Basic information on 3383 extracted lawsuits was examined. Of these, 35 cases directly related to radiologists were selected, and the judgments or outcomes were investigated. All cases were classified by modality (type of treatment), whether damages were awarded in each modality, and whether the litigation issues were related to procedure, informed consent (IC), diagnosis, or interpretation. Court judgments were analyzed to determine whether a causal relationship was established and how that affected the outcome. Results: The number of lawsuits gradually increased in the 1980s and 1990s and then began to decrease slightly in the 2000s. Interventional radiology (IVR) had the greatest number of cases and greatest number where compensation was awarded. No characteristic trends were identified with regard to litigation issues. There was a tendency to reject cases where no causal relationship was recognized and the treatment was considered appropriate. Conclusion: Mistakes in IVR procedures, lesions overlooked during image interpretation, and misdiagnoses were the main causes of litigation. In IVR, it is important to improve techniques and establish improved communication and trust with patients before and after therapy. In addition to developing methods to prevent overlooking lesions, the adequacy of all diagnoses obtained from radiological images must be carefully reviewed. Results of our study require the radiologists careful and precise image interpretation and intimate relationship with the patients in addition to a certain technique when performing IVR.
文摘Inmates in jails and prisons are a high-risk group for suicide. Often, legal claims of medical negligence and §1983 based on deliberate indifference by the correctional officials follow. Unique stable and dynamic factors and circumstances and their interaction explain most suicides. A systematic suicide screening using a well-designed suicide screening questionnaire that captures known risk factors will identify most inmates at risk if adequately used. Identification and subsequent mental health assessment set the stage for preventive intervention, monitoring, and treatment of the inmates. A multidimensional suicide prevention program saves not only lives but also the best defense against a liability lawsuit.
文摘Keda Elevator Company Infringes "KODAK" Trademark Right Ruling No. Suzhongminchuzi 0213/2005 The US Eastman Kodak began to use the "KODAK" as a trademark on camera in 1888, and it has, so far, registered nearly 1,700 "KODAK" trademarks in more than 150 countries and regions. From early 2005, the Keda Elevator Company (Keda for short) began to use the "KODAK" word only or together with "KEDA" in a top-down arrangement, on its lift and elevator products, its corporate signboard, its employees' name cards, ...
文摘A lawsuit or "suit in law"is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. Although not as common, lawsuit may also refer to a criminal action, criminal proceeding, or criminal claim.
