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Washington, DC, United States

Attorney at Law

Washington, DC, United States

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Peiris-John R.J.,University of Auckland | Attanayake S.,Uva Provincial Council | Daskon L.,Attorney At Law | Wickremasinghe A.R.,University of Kelaniya | Ameratunga S.,University of Auckland
Disability and Rehabilitation | Year: 2014

Purpose: To review the published literature relating to disability in Sri Lanka, identify research gaps and inform priorities for action. Methods: A narrative literature review was undertaken and relevant articles extracted using electronic databases such as Medline and PubMed. The available literature was examined in relation to the nine key recommendations of the World Report on Disability. Results: Over the past 30 years, published disability research in Sri Lanka has primarily focussed on mental health, visual impairment and healthcare delivery. Significant gaps were apparent in evidence relating to the status and services for people with intellectual disability, policies and their impact, provider attitudes, barriers to education and employment, health workforce training and access to healthcare. Conclusions: While published studies provide insights on several dimensions of disability, there are important research gaps pointing to unmet needs that require attention to support the health and wellbeing of people living with disability in Sri Lanka. To address these gaps, it is imperative that a critical mass of multi-disciplinary researchers including people living with disabilities collaborate on a strategic program of research using effective participatory approaches that engage all sectors and communities relevant to uphold the rights of people living with disability.Implications for RehabilitationAll nine key recommendations in the World Report on Disability are highly pertinent to the needs and status of people living with disabilities in Sri Lanka.Significant gaps in research on disability-related health issues exist and warrant more focussed attention by researchers, funders and policy makers.It is imperative that national stakeholders including the Ministries of Health and Social Welfare, organisations representing people living with disability and related advocacy groups, work collaboratively to identify and implement a research strategy that would better inform disability policies and programmes that have access and equity as core principles.Implementation of a national disability survey by the Department of Census and Statistics, will help prioritize disability research in the country. © 2014 Informa UK Ltd. All rights reserved.

PubMed | Karolinska Institutet, University of Versailles, University of Coimbra, Medical University of Graz and 32 more.
Type: | Journal: Allergy | Year: 2017

The use of Apps running on smartphones and tablets profoundly affects medicine. The MASK-rhinitis (MACVIA-ARIA Sentinel NetworK for allergic rhinitis) App (Allergy Diary) assesses allergic rhinitis symptoms, disease control and impact on patients lives. It is freely available in 20 countries (iOS and Android platforms).To assess in a pilot study whether (i) Allergy Diary users were able to properly provide baseline characteristics (ii) simple phenotypic characteristics based upon data captured by the Allergy Diary could be identified and (iii) information gathered by this study could suggest novel research questions.The Allergy Diary users were classified into 6 groups according to the baseline data that they entered into the App: (1) asymptomatic; (2) nasal symptoms excluding rhinorrhea; (3) rhinorrhea; (4) rhinorrhea plus 1-2 nasal/ocular symptoms; (5) rhinorrhea plus 3 nasal /ocular symptoms and (6) rhinorrhea plus all nasal/ocular symptoms.By June 1, 2016, 3,260 users had registered with the Allergy Diary and 2,710 had completed the baseline questionnaire. Troublesome symptoms were found mainly in the users with the most symptoms. Around 50% of users with troublesome rhinitis and/or ocular symptoms suffered work impairment. Sleep was impaired by troublesome symptoms and nasal obstruction.This is the first App (iOS and Android) to have tested for allergic rhinitis and conjunctivitis. A simple questionnaire administered by cell phones enables the identification of phenotypic differences between a priori defined rhinitis groups. The results suggest novel concepts and research questions in allergic rhinitis that may not be identified using classical methods. This article is protected by copyright. All rights reserved.

Schillhorn K.,Attorney at Law
LaboratoriumsMedizin | Year: 2015

A number of legal issues arise with regard to genome analyses. In the context of medical treatment, some of these issues are being dealt with by the German Gendiagnostikgesetz. In the context of science, the right to self-determination over personal data should be observed. A legislative act would be necessary to create a reliable basis for scientists, doctors, and patients.

Kardon J.B.,1930 Shattuck Avenue | Sonenthal L.M.,Attorney at Law
Forensic Engineering 2012: Gateway to a Better Tomorrow - Proceedings of the 6th Congress on Forensic Engineering | Year: 2013

The "standard of care" can be thought of as the boundary between negligence and non-negligence as defined by case law. This paper presents a brief, general description of the standard of care, and discusses standardized jury instructions derived from case law defining the level of learning, care and skill a professional should apply, the degree of diligence and the quality of judgment the professional should bring to bear, and other duties the professional should fulfill to meet the standard of care. The paper examines and evaluates two specific standardized jury instructions concerning the duty of a professional. © ASCE 2013.

Chatzipanagiotis M.,Attorney at Law
Proceedings of the International Astronautical Congress, IAC | Year: 2015

Space Traffic Management (STM) is being developed to deal mainly with the problems of satellite operations and space debris. Therefore, currently is being examined separately from air traffic management (ATM). However, the advent of reusable space vehicles (RLVs) and the increase of private spaceflight operations calls for a joined examination of the STM with ATM. Among others, airspace will be shared by both aircraft and RLVs, while outer space traffic in Low Earth Orbit (LEO) will increase and begin resembling air traffic. At the same time, modernization of ATM worldwide focuses also on satellite-based navigation. Therefore, developing a comprehensive AeroSpace Traffic Management (ASTM), to include both aviation and LEO space flights, could be useful. In this regard, some core concepts and technologies already developed or under development for ATM could set a useful example. The Automatic Depended Surveillance - Broadcast (ADS-B) technology uses satellite navigation to locate the position of a given aircraft and the aircraft flying nearby, and transmit it to other aircraft and the Air Traffic Control (ATC). The 4d-trqjectory management is based on the integration of time into the 3D aircraft trajectory, to ensure flight on a practically unrestricted, optimum trajectory for as long as possible, provided that the aircraft meets accurately an arrival time over a designated point. The System Wide Information Management (SWIM) concept envisages prompt and efficient data sharing among airspace users and Air Navigation Services Providers (ANSPs) through a wide-array network or a centralized flight data processing system. Such concepts and technologies could prove useful to regulate spaceflight traffic to and from LEO as well as coordinate such traffic effectively with air traffic. Moreover, developing an efficient ASTM system requires designating competent authorities, which will supervise the service providers. The nature of outer space as res nullius resembles international airspace, which falls under the jurisdiction of no State. Air traffic in such airspace is controlled through air navigation regional agreements, which designate a specific national or transnational authority to control the airspace and ensure flight safety, without affecting the international status of the airspace. Similarly, LEO could be divided into zones, for each of which a competent authority can be designated through special international agreements. Such authorities could be linked to a SWIM, which would include both air traffic and space traffic data available to all affected authorities, service providers and aerospace users.

Chatzipanagiotis M.,Attorney at law
Proceedings of the International Astronautical Congress, IAC | Year: 2015

In ancient Greece, whenever people wanted a prediction of the future as to their planned actions, they were asking the oracles, which were believed that they were expressing the view of the gods. The answers of the oracles were famous for their ambiguity, to exclude any chance that gods were mistaken about the future. One of the most prominent examples of such ambiguity refers to a king, who was leaving for a military campaign and asked the oracle whether he will return alive. The oracle replied "you shall go and return not die", which depending on where a comma is placed could be 'you shall go and return, [you shall] not die' or 'you shall go and return not, [you shall] die'. In the framework of commercial human spaceflight, given that currently no special rules on manned private spaceflights have been enacted in Europe, the same ambiguity surrounds the validity under European law of the informed consent that a passenger would sign to fly. Provided that the law of a European State is applicable, the validity of the informed consent would be judged according to the national provisions implementing Directive 93/13/EC on unfair terms in consumer contracts. A "consumer" under the Directive is any person concluding a contract in his/her personal capacity. Informed consent under European law is a form of exclusion or limitation of liability for death or injury. The Directive stipulates that, depending on the circumstances, such clauses could be unfair and thus invalid. However, the Directive does not prohibit EU Member States from establishing stricter rules. Thus, some States follow the Directive's provisions as they are, some States stipulate that liability exclusions for death or injury are invalid in any case, while other States define the consumer in broader than the Directive. This paper focuses on the pertinent provisions of Directive 93/13/EC, the laws of the Member States that have transposed the Directive into national law, the relationship of such laws to eventual future special rules on manned private spaceflights and the practical implications arising from the above.

This report deals with Germany's impending construction contract law, expected for around year's end, and with altered sales-law provisions regarding warranties. Sales-law warranty obligations are being expanded to cover regress liability extending all the way back to the manufacturer, now expected to include the bearing of costs for the removal and replacement of defective supplied construction products. This instrument will be of major significance for the entire construction product service and supply chain and can be expected to necessitate appropriate insurance coverage.

Following its determination of a finding of scientific misconduct the Office of Research Integrity (ORI) will seek redress for any injury sustained. Several remedies both administrative and statutory may be available depending on the strength of the evidentiary findings of the misconduct investigation. Pursuant to federal regulations administrative remedies are primarily remedial in nature and designed to protect the integrity of the affected research program, whereas statutory remedies including civil fines and criminal penalties are designed to deter and punish wrongdoers. This commentary discusses the available administrative and statutory remedies in the context of a specific case, that of former University of Vermont nutrition researcher Eric Poehlman, and supplies a possible rationale for the legal result. © 2010 Springer Science+Business Media B.V.

Aceto J.F.,Attorney at Law
ACS Medicinal Chemistry Letters | Year: 2013

The recent US Supreme Court decision in Association for Molecular Pathology v. Myriad Genetics, Inc. clarified what is considered patentable subject matter. Patent claims limited to the composition of isolated nucleic acid sequences are now considered a product of nature and not patent eligible, while man-made variants of nucleic acid sequences may still be patentable. The decision is consistent with an earlier ruling in Mayo Collaborative Services v. Prometheus Laboratories., Inc. related to diagnostic methods. In Prometheus, the Court held that a method simply reciting known steps used to observe a natural event is not patentable subject matter. Taken together, the Court's decisions provide guidance as to what constitutes a natural phenomenon outside patent protection and what is considered a man-made creation worthy of protection. Despite misgivings, both decisions will provide impetus for increased genetic research and development of new therapeutics and diagnostics, especially in genomic and personalized medicine. © 2013 American Chemical Society.

Vosk T.,Attorney at Law | Forrest A.R.W.,University of Sheffield | Emery A.,University of Washington | Mclane L.D.,Defender
Journal of Forensic Sciences | Year: 2014

Proper interpretation of forensic measurements can be critical to the administration of justice. Breath alcohol testing is commonly relied upon to measure the concentration of alcohol in breath or, indirectly, in blood. The concentration sought constitutes the "quantity intended to be measured," referred to as the measurand. Although breath tests always probe the same physical quantity, their measurand is dictated by statute and varies between jurisdictions. Thus, identical numerical values obtained from tests in disparate jurisdictions may refer to different quantities and may not indicate the relevant statutory measurand. This can lead to misinterpretation of results, referred to as the "measurand problem." We first illustrate the concept of the measurand. Thereafter, the measurand problem is illustrated through application of Hlastala's breath test paradigm and Gullberg's work on breath test uncertainty. It is shown that where the measurand is not properly accounted for, conclusions based upon breath test evidence are undermined. © 2014 American Academy of Forensic Sciences.

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