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Informed Consent in Pediatric Research

Lainie Friedman Ross

in Children in Medical Research: Access versus Protection

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199273287
eISBN:
9780191603655
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199273286.003.0006
Subject:
Philosophy, Moral Philosophy

This chapter presents an overview of the informed consent requirements and waivers in pediatric research under current federal regulations. These consent policies were adopted by the Food and Drug ... More


Flexibility, Innovation, and Experimentation: The Rise and Fall of Child Welfare Waiver Demonstrations

Mark F. Testa

in Fostering Accountability: Using Evidence to Guide and Improve Child Welfare Policy

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195321302
eISBN:
9780199777457
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195321302.003.0009
Subject:
Social Work, Children and Families, Communities and Organizations

This chapter reviews the history of the IV-E waiver program and discusses some alternative proposals for promoting flexibility and innovation. In 2006, Congress did not renew the Health and Human ... More


Improving Evaluation of Boilerplate: A Proposed Analytical Framework

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0009
Subject:
Law, Company and Commercial Law

This chapter proposes an analytical framework for improving the evaluation of boilerplate. It begins with a discussion of questions for evaluating boilerplate rights deletion schemes; for example, ... More


Contractual Terms and their Performance

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0012
Subject:
Law, Legal History

This chapter shows that despite the pervasive language of freedom of contract in mid-19th-century England, consumers had little bargaining power over the terms of the contracts they entered into for ... More


Police Reactions to the Miranda Requirements

Lawrence S. Wrightsman and Mary L. Pitman

in The Miranda Ruling: Its Past, Present, and Future

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199730902
eISBN:
9780199776986
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199730902.003.007
Subject:
Psychology, Forensic Psychology

When the Miranda decision was announced, police feared it would inhibit their effectiveness in gaining the cooperation of suspects. This fear has not been borne out; 80 % of suspects waive their ... More


From “Jap Crow” to “Jim and Jane Crow”: Black and Blue (and Yellow) in Chicago and the Bay Area

Matthew M. Briones

in Jim and Jap Crow: A Cultural History of 1940s Interracial America

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691129488
eISBN:
9781400842216
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691129488.003.0007
Subject:
History, American History: 20th Century

This chapter examines how the resettlement of West Coast Japanese Americans in the Midwest and Northeast after internment irrevocably transformed the population of Japanese Chicagoans. As both Allan ... More


Legal Boundaries Between the Juvenile and Criminal Justice Systems in the United States

Patrick Griffin

in From Juvenile Delinquency to Adult Crime: Criminal Careers, Justice Policy and Prevention

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199828166
eISBN:
9780199951208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199828166.003.0007
Subject:
Sociology, Law, Crime and Deviance

This chapter describes the complex patchwork of jurisdictional age, transfer, and blended sentencing laws that determine where, in any given state, the juvenile justice system leaves off and the ... More


Young Offenders and an Effective Justice System Response: What Happens, What Should Happen, and What We Need to Know

James C. Howell, Barry C. Feld, and Daniel P. Mears

in From Juvenile Delinquency to Adult Crime: Criminal Careers, Justice Policy and Prevention

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199828166
eISBN:
9780199951208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199828166.003.0008
Subject:
Sociology, Law, Crime and Deviance

This chapter addresses what happens with older adolescents who transition into the criminal justice system, what should happen, and what we need to know. It emphasizes that neither the juvenile nor ... More


Safeguards and Exceptions

Bernard M. Hoekman and Michel M. Kostecki

in The Political Economy of the World Trading System: WTO and Beyond

Published in print:
2001
Published Online:
November 2003
ISBN:
9780198294313
eISBN:
9780191596445
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829431X.003.0010
Subject:
Economics and Finance, International

The various mechanisms allowing for the re‐imposition of trade barriers are discussed in this chapter, which summarizes the rules on––and the economics of––the use of instruments of contingent ... More


Endogenous Preferences

F. H. Buckley

in Fair Governance: Paternalism and Perfectionism

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195341263
eISBN:
9780199866892
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341263.003.0007
Subject:
Law, Philosophy of Law

Preferences are endogenous to the legal regime when they are shaped by it, as they would be when populist legislation makes people more envious. Legal rules might also shape our preferences when they ... More


Rights

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0002
Subject:
Law, Law of Obligations

The different senses in which ‘rights’ are used in every day language need to be differentiated. The most fundamental distinction to be grasped is that between a claim-right and a liberty, as drawn ... More


Institutional Provisions

Petros C. Mavroidis

in Trade in Goods: The GATT and the Other Agreements Regulating Trade in Goods

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552139
eISBN:
9780191716591
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552139.003.0005
Subject:
Law, Public International Law

The institutional provisions of the GATT have been overtaken by the provision included in the Agreement Establishing the WTO. The Agreement Establishing the WTO largely replicated the GATT approach ... More


Problems of Subsequent Validation of Breaches of Jus Cogens

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0012
Subject:
Law, Public International Law

This chapter examines whether breaches of peremptory norms can be addressed after they are committed: through the devices of recognition, waiver, acquiescence, and prescription. After examining the ... More


The Impact of Jus Cogens on Friendly Settlement and Discontinuance of Cases

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0018
Subject:
Law, Public International Law

This chapter examines the legality of discontinuance and friendly settlement of cases brought before international tribunals and alleging breaches of jus cogens. The practice of major international ... More


Interpretation of Unilateral Acts and Statements

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0014
Subject:
Law, Public International Law

This chapter demonstrates that unilateral acts and statements of States have to be interpreted according to their plain and ordinary meaning, just like treaties. It focuses on unilateral acts in ... More


‘Human Rights’ Restrictions on Trade

Sarah Joseph

in Blame it on the WTO?: A Human Rights Critique

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199565894
eISBN:
9780191728693
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565894.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter first examines the notion of human rights trade sanctions, both on a general and a product basis. It then considers the relevant scope of the General Agreement on Tariffs and Trade 1947 ... More


In Search of Sound Policy on Nonconsensual Uses of Identifiable Health Data

Barbara J. Evans

in Human Subjects Research Regulation: Perspectives on the Future

Published in print:
2014
Published Online:
January 2015
ISBN:
9780262027465
eISBN:
9780262320825
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262027465.003.0022
Subject:
Biology, Bioethics

This chapter discusses informational (observational) studies that use pre-existing data or biospecimens. It summarizes existing regulatory pathways for gaining research or public health access to ... More


Limits on the Waiver of Ancillary-Care Obligations

Henry S. Richardson

in Moral Entanglements: The Ancillary-Care Obligations of Medical Researchers

Published in print:
2012
Published Online:
January 2013
ISBN:
9780195388930
eISBN:
9780199979196
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388930.003.0005
Subject:
Philosophy, Moral Philosophy

If it were permissible for researchers to ask potential participants to waive their ancillary-care claims up front, no account of these claims and their correlative obligations would have much ... More


Interrogation Law: The Future?

George C. Thomas III and Richard A. Leo

in Confessions of Guilt: From Torture to Miranda and Beyond

Published in print:
2012
Published Online:
May 2012
ISBN:
9780195338935
eISBN:
9780199933303
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195338935.003.0010
Subject:
Law, Criminal Law and Criminology

Chapter 10 peers into the future and offers a global solution to Miranda’s ills. Whether suspects understood and waived their Miranda rights can best be answered by judges watching a recording of the ... More


Privacies Not Wanted

Anita L. Allen

in Unpopular Privacy: What Must We Hide?

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195141375
eISBN:
9780199918126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195141375.003.0001
Subject:
Philosophy, Feminist Philosophy, General

This chapter argues that privacy is a ‘foundational’ good to which the United States and similar nations should have a substantive commitment as they do to personal freedom and equality. Foundational ... More


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