Biased but Reasonable: Bias Under the Cover of Standard of Care
In: Georgia Law Review, Forthcoming
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In: Georgia Law Review, Forthcoming
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In: Child maltreatment: journal of the American Professional Society on the Abuse of Children, Band 26, Heft 3, S. 302-312
ISSN: 1552-6119
Children in foster care face disproportionate rates of biopsychosocial challenges but social and extracurricular activities (SEAs) may support their healthy development. The Reasonable and Prudent Parenting Standard (RPPS), a 2014 federal policy, aims to increase access to these opportunities for children in foster care. Analyses of statutes from 50 US states and the District of Columbia (n = 51) revealed similarities and differences in state-level RPPS policy implementation. Building on these findings, researchers conducted semi-structured retrospective telephone interviews with foster parents across one southeastern state (n = 20) to identify local retrospective perspectives on RPPS implementation. Using thematic inductive coding two unique themes emerged about SEAs prior to RPPS: 1) negative social impacts and 2) complicated activity approval processes. Three unique themes emerged after RPPS: 1) empowerment, 2) implementation disparities and 3) resource recommendations. Policy implications include the need to support foster parents by increasing resources (funding, transportation, access), clarifying liability and clarifying motivation expectations.
In: Public affairs quarterly: PAQ, Band 13, Heft 2, S. 141-158
ISSN: 0887-0373
Assesses arguments by legal scholars and jurists on objectivity of the reasonable person standard versus subjectivity of the reasonable woman standard as applied in sexual harassment law and court decisions; US. Rabidue v. Osceola Refining Co. and Ellison V. Brady cases; gender bias and neutrality,
In: The journal of legislative studies, Band 1, Heft 4, S. 1-9
ISSN: 1743-9337
In: 77 Vand. L. Rev. __ (2025 Forthcoming)
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In: Law and Philosophy, Forthcoming
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In: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2484760
Standard of Care applies to all conduct of all persons in all realms of activity. It is concerned with the acceptable activity of a practitioner in providing care for a patient. Failure to adhere to a minimum standard renders the practitioner liable for malpractice and negligence. Standards are affected by two factors, those within the profession via scientific research and development, and those external to it, namely government, administrative organizations, the courts and the doctor-patient "contract". Each of these factors directly impact upon the delivery and/or alterations in the Standards of Care. It is imperative that the doctor realize that a failure to adhere to the Standard may result in action being taken by the above groups. Further, doctors must be aware that Standards are a volatile concept, changing as rapidly as the daily judgements eminating from the courtrooms, as new discoveries are introduced and as recognized by specialized groups. Maintaining current Standards ensure excellence in both professional practices and patient care.
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In: Equal opportunities international: EOI, Band 23, Heft 3/4/5, S. 67-79
ISSN: 1758-7093
Sexual harassment law addresses hostile environments by evaluating whether the workplace environment would be considered hostile by a "reasonable woman". But who is a reasonable woman? Defendant‐employers may present one group of women employees as representative "reasonable" women and assert that any of these women's co‐workers who have had different experiences with regard to sexual harassment are not "reasonable". However, when male employees categorize various groups of female coworkers differently and, subsequently, treat them differently, the experiences of women from one of these groups would not be indicative of the experiences of women from an other group. This "selective sexual harassment" was present in the workplace I studied: while both groups of women were "reasonable", they had very different experiences, only one of which might be confirmed by a court as the perspective of "reasonable" women. This article advocates for a version of the "reason ble victim" standard to facilitate a closer analysis of hostile environment sexual harassment suits.
In: TSQ: Transgender Studies Quarterly, Band 8, Heft 4, S. 462-480
ISSN: 2328-9260
AbstractIn the 1950s and early 1960s, Harry Benjamin and his colleague Elmer Belt corresponded at length about which transsexuals they would and would not approve for genital surgery. Benjamin defined transsexuality primarily through a desire for medical transition, but merely being a transsexual in this definition did not automatically result in surgical eligibility. Benjamin and Belt remained preoccupied with the possibility that transsexuals would regret their surgeries and seek legal or personal revenge, and thus their assessments of who should have surgery focused more on the possibility of a bad outcome than adherence to gender norms or classification as transsexual. The informal clinical practices they worked out to protect themselves in these early years of American trans medicine would ultimately go on to structure more formalized Standards of Care. Benjamin and Belt's fears, and their resulting decision-making processes, thus played a crucial role in the production of the category "transsexual." Throughout their correspondence and clinical practice, the transsexual emerged as a threat to medical providers, and a subject incapable of making their own bodily decisions, needing to be protected from themselves. While assessments of gender identity and gendered behavior factored into these decisions, their decisions about who might regret transition treated gender as primarily practical and functional, and made an unshakable internal gender identity a necessary but insufficient criterion for granting a patient access to surgery.
In: Handbook of Private Law Theories (Hanoch Dagan & Benjamin Zipursky eds., Edward Elgar Press 2020, Forthcoming)
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In: 84 Mississippi Law Journal 747 (2015)
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In: Ahmed R "The Standard of the Reasonable Person in Determining Negligence – Comparative Conclusions" PER / PELJ 2021(24) - DOI http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8631
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In: Housing, care and support, Band 5, Heft 3, S. 32-36
ISSN: 2042-8375
The Care Standards Act 2000 is designed to regulate and improve the management of residential care homes and other services. It provides a legislative framework for good practice, testing quality and enforceable minimum standards. In practice, its introduction has been difficult and providers have been closing homes. This article looks at the practical consequences for providers and identifies the positive and negative effects.