Public agencies routinely collect administrative data that, when shared and integrated, can form a rich picture of the health and well-being of the communities they serve. One major challenge is that these datasets are often siloed within individual agencies or programs and using them effectively presents legal, technical, and cultural obstacles. This article describes work led by the North Carolina Department of Health and Human Services (NCDHHS) with support from university-based researchers to establish enterprise-wide data governance and a legal framework for routine data sharing, toward the goal of increased capacity for integrated data analysis, improved policy and practice, and better health outcomes for North Carolinians. We relied on participatory action research (PAR) methods and Deliberative Dialogue to engage a diverse range of stakeholders in the co-creation of a data governance process and legal framework for routine data sharing in NCDHHS. Four key actions were taken as a result of the participatory research process: NCDHHS developed a data strategy road map, created a data sharing guidebook to operationalize legal and ethical review of requests, staffed the Data Office, and implemented a legal framework. In addition to describing how these ongoing streams of work support data use across a large state health and human services agency, we provide three use cases demonstrating the impact of this work. This research presents a successful, actionable, and replicable framework for developing and implementing processes to support intradepartmental data access, integration, and use.

This article provides critical and analytical views on legal regulation to achieve a balance between FinTech innovation, risk prevention, and financial stability, by focusing on the trend of FinTech firms entering the financial-services industry and the associated regulatory and legal challenges that are already arising in China. It adopts a balanced approach as a theoretical-analysis perspective, weighing various considerations, and proposes the policy option of FinTech regulation under the principle of interest balance. The analysis aims to contribute new insights to an ongoing debate in China on the relationship between legal and regulatory reform, FinTech innovation, and risk prevention. This article argues that legal challenges, rather than technical problems, remain the key obstacles to effective FinTech regulation. Our proposed hypothesis seeks to explain how a legal regulation achieves balancing the competing interests between FinTech innovation, risk prevention, and financial stability in the booming of China’s FinTech. Finally, this article proposes the implementation of goal-oriented responsive regulation by improving the legal framework of FinTech regulatory regimes through policy option.

L’AMM est un concept relativement récent datant de la deuxième moitié du xxe siècle. Une AMM est délivrée après des études établissant l’efficacité et la tolérance d’une molécule à doses données pour une indication donnée dans des conditions physiopathologiques données pour un individu. L’AMM donne un cadre de prescription aux praticiens et d’exécution de la prescription par le pharmacien et l’infirmier le cas échéant. Si le respect de l’AMM doit être une règle de base, aucun texte réglementaire n’interdit la prescription hors AMM si le prescripteur le juge indispensable. La loi du 29 décembre 2011 définit mieux le cadre juridique de la prescription hors AMM notamment avec la RTU (Recommandation Temporaire d’Utilisation). La prescription hors AMM représente environ 20–25 % des prescriptions, touche surtout les âges extrêmes de la vie, la psychiatrie, la cancérologie. Les psychotropes sont souvent concernés. La prescription hors AMM est aussi bien une absence d’indication qu’un dépassement de posologie, un non-respect des contre-indications. Plusieurs molécules sont régulièrement utilisées hors AMM en psychiatrie dont baclofène (bénéficie d’un RTU), clozapine associée à d’autres neuroleptiques, quétiapine à plus de 800 mg/jour, neuroleptiques injectables en pédiatrie. Plusieurs causes conduisent à la prescription hors AMM : ignorance de l’AMM, pathologies rares, habitudes de prescription, conférences de consensus, décalages entre données scientifiques et délai administratif de modification d’AMM ou refus de demande d’AMM par l’industrie. Les risques encourus sont nombreux. Pour les prescripteurs, se cumule la responsabilité ordinale disciplinaire à la responsabilité civile et pénale. La responsabilité du pharmacien et des infirmiers est aussi engagée. La prescription hors AMM impose donc au prescripteur d’en connaître les risques, de valider les prescriptions vis-à-vis de données acquises et actualisées, d’apporter une information de qualité au patient sur le caractère « hors AMM » de la prescription et son rapport bénéfice-risque, de l’informer du non-remboursement, de le notifier dans le dossier du patient ainsi que sur l’ordonnance. En milieu hospitalier, elle doit faire l’objet de consensus validé au travers des commissions du médicament rassemblant praticiens médecins et pharmaciens.

By weaving the political economy of the Portuguese empire into business history, this article highlights the role of metropolitan and colonial tax farming in the rise and fall of an elite that dominated the business scene in both mainland Portugal and colonial Brazil between roughly 1730 and 1760. It takes the Torres family business as a case study and argues that, while tax farming undoubtedly represented an opportunity to accumulate private wealth, it was also a risky business. Adding to the irregularity of fiscal income, tax farming imposed strict rules on tax farmers, deriving from the legal framework for public finance, while the Crown's policy of seeking to maximize revenue through competitive bidding also increased the risks to which they were exposed. While being highly concentrated on tax farming in Portugal and the South Atlantic empire allowed the Torres family business to amass extraordinary wealth, it also proportionately increased the firm's exposure to those risks, which were then further compounded by a succession problem that eventually led to its demise.

The movement of migrants across international borders may result in grave humanitarian consequences and protection and assistance needs for those involved. Although many reach their destinations safely, others may find themselves in a country experiencing armed conflict – either because they live there or are travelling through there – and may endure great difficulties and be particularly vulnerable. In these situations, as civilians, migrants are protected under international humanitarian law (IHL) against the effects of hostilities and when in the hands of a party to the conflict. This article will provide an overview of the protection afforded by IHL to migrants as civilians in international and non-international armed conflicts. It will then examine more closely certain particularly relevant rules for the issue of migration, notably those related to the movement of migrants, family unity, and missing and dead migrants. In this way, this article will show that IHL provides important legal protections for migrants finding themselves in situations of armed conflict.

Access to justice is one of the significant pre-requisites for sustainable human development and it has been made available in the form of both the formal and informal systems stretching from the very top of the judiciary to the local justice system in Bangladesh. The formal justice system, even though it plays the most pivotal role, has been facing huge pressure from case backlogs, which ultimately hampers the true spirit of justice. On the other hand, most people's perception towards informal justice system is also fairly poor with lack of trust due to partisan political interference, corruption, religious dogmas, and social elitism, which have made this system almost ineffective. Consequently, state-sponsored local justice system has come forward with a view to combining the both streams in a single channel in the form of restorative justice and a quorum of quasi-formal justice system aimed at ensuring and dispensing justice to the people in rural areas in an affordable and convenient manner. In line with this view, village courts have been established to redress petty civil and criminal issues. This article attempts to examine the feasibility of the present legal framework of village courts to deliver justice efficiently at the grassroots level.

Section 136 of the Mental Health Act 1983 is routinely used by the police to remove a person thought to be suffering from a mental disorder, from a place to which the public have access, to a place of safety. Persons detained under Section 136 of the Mental Health Act 1983 routinely spend significant amounts of time in a place of safety whilst awaiting a mental health assessment. During that time it is feasible that the patient will require intramuscular medications for rapid tranquillisation, often with the use of physical restraint. However, Section 136 of the Mental Health Act 1983 does not grant the power to treat a person against their will and there is a lack of clarity on the most appropriate legal framework for physically restraining and administering intramuscular medications for rapid tranquillisation to a person detained under Section 136 of the Mental Health Act 1983. In this article, we attempt to explore the various legal frameworks available and identify the one most appropriate for this purpose.

Ensuring respect for, and protection of, the wounded and sick and delivery of health care to them were at the origin of the Red Cross and Red Crescent Movement, as well as the development of international humanitarian law (IHL). In today's armed conflicts and other emergencies, the problem is not the lack of existing international rules but the implementation of relevant IHL and international human rights law (IHRL) which form a complementary framework governing this issue. Against the backdrop of the different manifestations of violence observed by the ICRC in the field and expert consultations held in the framework of the Health Care in Danger Project, this article identifies commonalities between the two legal regimes, including with respect to obligations to provide and facilitate impartial health care; prohibitions of attacks against wounded and sick and health-care providers; prohibitions to arbitrarily obstruct access to health care; prohibitions to harass health-care personnel, in violation of medical ethics; or positive obligations to ensure essential medical supplies and health-care infrastructure and protect health-care providers against violent interferences by others. The article concludes by indicating certain areas where implementation of existing IHL and IHRL is needed, including in domestic normative frameworks, military doctrine and practice, as well as training of health-care personnel on these international legal frameworks and medical ethics.

Global climate change and consequent potential migration pose a number of challenges and are becoming increasingly important policy issues for Bangladesh. Therefore, policy responses need to deal with diverse issues, including sustainable development (SD), adaptation to climate change, and humanitarian assistance, to address the future challenges posed by climate change and consequent human displacement. There is no simple and straightforward solution to the challenges posed by climate-induced migration, and a “one-size-fits-all” approach will not effectively resolve the complex nature, and patterns, of population displacement. Rather than any single approach, a multifarious, comprehensive, proactive, and coherent policy approach is imperative for managing climate-induced migration in an orderly and humane manner. Based on the available data regarding the environment, climate change, and migration, this paper suggests a range of policy tools and approaches. It also sets out a road map showing how policy interventions could contribute to better integrating the full spectrum of migration issues and concerns into an overall environmental and developmental policy, and vice versa, within Bangladesh.