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Are Prisoners Medical Captives?
The medical treatment of captive patients is a litmus test for a good society. See Bursztajn HJ, Brodsky A: Captive Patients, Captive Doctors: Clinical Dilemmas and Interventions in Caring for Patients in Managed Health Care. Gen. Hospital Psychiatry 1999; 21:239-248; and Bursztajn HJ, Brodsky A: Clear, Convincing, and Authentic Advance Directives in the Context Of Managed Care? J. Clin Ethics 1994; 5:364-366. If those such as prison inmates, the poor, or patients in restrictive managed care plans who have little choice as to their treating clinician are nonetheless able to rely on their physicians for ethical treatment, then those who do have a choice can do so all the more. Bursztajn HJ, Feinbloom RI, Hamm RM, Brodsky A: Medical Choices, Medical Chances: How Patients, Families, and Physicians Can Cope with Uncertainty. New York: Routledge, 1990. In total-institution settings, demoralization sets in when what little choice remains is further restricted.
It is against this background that the question of whether prisoners should be allowed to donate organs for transplantation is explored. In this article, we focus on prospective living organ donors who face capital punishment. Some of the issues raised may also apply to death row inmates who wish to become cadaveric organ donors and donate their organs after death. However, in the latter instance, their right to do so may conflict less with society's interest in justice.
Background
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?