Geological Observatory of Coldigioco
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Promoting Female Sporting Opportunities Without Title IX: The Spanish Experience
No full textThis article compares the American approach to improving sporting opportunities for females – Title IX – with approaches taken by Spain. Because of the singular American dedication to elite interscholastic and intercollegiate sports, Title IX’s requirement of equal treatment requires that elite female athletes have equivalent opportunities to elite male athletes. The Spanish approach looks instead on the social benefits of athletics participation for boys, men, girls, and women
The Dangers of Arbitrating Racial Discrimination Claims: A Comment on Bosse v. New York Life
No full text
Childist Objections, Youthful Relevance, and Evidence Reconceived
No full textEvidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in part drawing from a range of contemporary examples including the Derek Chauvin trial, begins to provide such analysis. It suggests that evidence law and practice are not only steeped in gender and race bias but unduly adult-centric—and childist—in their orientation. Further, it recommends a more humanist reconception of court proceedings to account for all individuals as whole persons with strengths, weaknesses, vulnerabilities, and complexities in the here and now—regardless of their age or stage in life
Following in California’s Footsteps?: Pennsylvania Eliminates the De Minimis Exception in State Wage and Hour Claims
No full textUnder the Fair Labor Standards Act (“FLSA”), employers risk receiving wage and hour violations if they fail to compensate employees for all “hours worked” or fail to adhere to minimum wage and overtime requirements. The de minimis doctrine provides an exception to this general rule and excuses employers from compensating employees for insignificant amounts of time spent on otherwise compensable off-the-clock work activities. Examples of de minimis off-the-clock work activities include waiting for a computer to load or waiting to log onto a computer network. These activities are considered de minimis because they take only a minute or less, and under the doctrine, employees cannot receive compensation for such trivial amounts of time under the FLSA. Employers must also comply with state wage orders and labor codes, which may provide higher protections than the FLSA. Because of the differences in worker protections, the de minimis doctrine’s application will differ from an off-theclock claim brought under the FLSA versus state wage and hour laws. In July 2021, Pennsylvania became the second state—after California—to refuse to apply the de minimis doctrine in state wage and hour claims. Pennsylvania should not eliminate the de minimis exception under state wage and hour law because (1) the doctrine has utility and roots in Pennsylvania law; (2) other jurisdictions have favorably cited to the doctrine in the realm of wage and employment disputes; and (3) the doctrine helps to create a barrier from unlimited disputes arising against employers
Ethical Perspectives on Surgical Video Recording for Patients, Surgeons and Society: Systematic Review
No full textBackground
Operating-room audiovisual recording is increasingly proposed, although its ethical implications need elucidation. The aim of this systematic review was to examine the published literature on ethical aspects regarding operating-room recording.
Methods
MEDLINE (via PubMed), Embase, and Cochrane databases were systematically searched for articles describing ethical aspects regarding surgical (both intracorporeal and operating room) recording from database inception to the present (the last search was undertaken in July 2022). Medical subject headings used in the search included ‘operating room’, ‘surgery’, ‘video recording’, ‘black box’, ‘ethics’, ‘consent’, ‘confidentiality’, ‘privacy’, and more. Title, abstract, and full-text screening determined relevance. The quality of studies was assessed using Centre for Evidence-Based Medicine grading and no formal assessment of risk of bias was attempted given the theoretical nature of the data collected.
Results
From 1048 citations, 22 publications met the inclusion criteria, with three more added from their references. There was evident geographical (21 were from North America/Europe) and recency (all published since 2010) bias and an exclusive patient/clinician perspective (25 of 25). The varied methodology (including ten descriptive reviews, seven opinion pieces, five surveys, two case reports, and one RCT) and evidence level (14 level V and 10 level III/IV) prevented meaningful systematic grading/meta-analysis. Publications were narratively analysed for ethical thematic content (mainly education, performance, privacy, consent, and ownership) that was then grouped by the four principles of biomedical ethics of Beauchamp and Childress, accounting for 63 distinct considerations concerning beneficence (22 of 63; 35 per cent), non-maleficence (17 of 63; 27 per cent), justice (14 of 63; 22 per cent), and autonomy (10 of 63; 16 per cent). From this, a set of proposed guidelines on the use of operative data is presented.
Conclusion
For a surgical video to be a truly valuable resource, its potential benefits must be more fully weighed against its potential disadvantages, so that any derived instruments have a solid ethical foundation. Universal, ethical, best-practice guidelines are needed to protect clinicians, patients, and society