Results for 'Conflict of laws'

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  1. On Jurisprudence and the Conflict of Laws.Frederic Harrison - 1919 - W.S. Hein & Co..
     
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  2. Conflict of Laws and Arbitral Discretion: The Closest Connection Test.Benjamin Hayward - 2017 - Oxford University Press UK.
    Arbitration is the dispute resolution method of choice in international commerce, but it rests on a complex legal foundation. In many international commercial contracts, the parties will choose the law governing any future disputes. However, where the parties do not choose a governing law, the prevailing approach in arbitration is to afford arbitrators broad and largely unfettered discretion to choose the law considered most appropriate or most applicable. The uncertainty resulting from this discretion potentially affects the parties' rights and obligations, (...)
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  3.  69
    Conflict of Laws.Perry Dane - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell.
    This essay on choice of law (private international law) appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of an entry on the same topic in the first edition of the book. The essay focuses on the epic battle over the course of the last century between two very different traditions - classical choice of law, articulated most completely by Joseph Beale in the 1930s, and (...)
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  4.  2
    On Avello and Other Judgments: A New Point of Departure in the Conflict of Laws?Andrea Bonomi, Paul Volken & Petar Sarcevic - 2009 - In Andrea Bonomi, Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume Vi. Sellier de Gruyter.
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  5.  1
    Accidental Discrimination in the Conflict of Laws: Applying, Considering, and Adjusting Rules From Different Jurisdictions.Andrea Bonomi & Paul Volken - 2009 - In Andrea Bonomi & Paul Volken (eds.), Yearbook of Private International Law: Volume X. Sellier de Gruyter.
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  6.  1
    Culpa in Contrahendo in the Conflict of Laws: A Commentary on Article 12 of the Rome II Regulation.Andrea Bonomi & Paul Volken - 2009 - In Andrea Bonomi & Paul Volken (eds.), Yearbook of Private International Law: Volume Ix. Sellier de Gruyter.
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  7.  1
    The Panamanian Business Company and the Conflict of Laws.Andrea Bonomi & Paul Volken - 2009 - In Andrea Bonomi & Paul Volken (eds.), Yearbook of Private International Law: Volume X. Sellier de Gruyter.
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  8.  1
    The Process of Characterization in the Ec Conflict of Laws: Suggesting a Flexible Approach.Andrea Bonomi, Paul Volken & Petar Sarcevic - 2009 - In Andrea Bonomi, Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume Vi. Sellier de Gruyter.
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  9.  1
    Two Recent Croatian Decisions on Copyright Infringement: Conflict of Laws and More.Andrea Bonomi & Paul Volken - 2009 - In Andrea Bonomi & Paul Volken (eds.), Yearbook of Private International Law: Volume X. Sellier de Gruyter.
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  10.  1
    From Centros to Überseering: Ec Right of Establishment and the Conflict of Laws.Paul Volken & Petar Sarcevic - 2009 - In Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume Iv. Sellier de Gruyter.
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  11.  1
    Law Amending the Conflict of Laws Act of the Republic of Korea.Paul Volken & Petar Sarcevic - 2009 - In Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume V. Sellier de Gruyter.
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  12.  1
    The Conflict of Laws Between Mainland China and the Hong Kong Special Administrative Region: The Choice of Coordination Models.Paul Volken & Petar Sarcevic - 2009 - In Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume Iv. Sellier de Gruyter.
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  13.  3
    Conflict of Laws: Postponing the Future?A. Briggs - 1989 - Oxford Journal of Legal Studies 9 (2):251-259.
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  14.  2
    Contractual Freedom in the Conflict of Laws.J. Harris - 2000 - Oxford Journal of Legal Studies 20 (2):247-269.
  15.  3
    Verba and Voluntas – Conflict of Laws in Interpretation of Contracts.Vadim Verenich - 2005 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 18 (1):67-82.
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  16. The New Conflict of Laws Act of the Republic of Korea.Volken Paul & Sarcevic Petar - 2009 - In Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume V. Sellier de Gruyter.
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  17. Laws That Conflict with the Ethics of Medicine:What Should Doctors Do?Dena S. Davis & Eric Kodish - 2014 - Hastings Center Report 44 (6):11-14.
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  18.  1
    Where Economic Scientificity Postulates its own Subversion: the Scenes of Conflict in the Political Economy of Adam Smith.Fjeld Anders - 2017 - Las Torres de Lucca. International Journal of Political Philosophy 6 (10):107-134.
    I discuss how the scientificity characterizing Adam Smith’s political economy has to exteriorize social conflict in order to sustain its objectivation of social interaction in terms of regulative laws. I claim that this exteriorization constitutes an internal point of subversion, not only because it resists economic objectivation, but first and foremost because it forces Smith to employ political strategies that both contradict and guarantee the scientificity of his theory. I show how the place of conflict in modern (...)
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  19.  11
    Uncertain Legislator: Georges Cuvier's Laws of Nature in Their Intellectual Context.Dorinda Outram - 1986 - Journal of the History of Biology 19 (3):323-368.
    We should now be able to come to some general conclusions about the main lines of Cuvier's development as a naturalist after his departure from Normandy. We have seen that Cuvier arrived in Paris aware of the importance of physiology in classification, yet without a fully worked out idea of how such an approach could organize a whole natural order. He was freshly receptive to the ideas of the new physiology developed by Xavier Bichat.Cuvier arrived in a Paris also torn (...)
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  20.  16
    Human Rights, the Laws of War, and Reciprocity.Eric A. Posner - 2012 - Law and Ethics of Human Rights 6 (2):147-171.
    Human rights law does not appear to enjoy as high a level of compliance as the laws of war, yet is institutionalized to a greater degree. This Article argues that the reason for this difference is related to the strategic structure of international law. The laws of war are governed by a regime of reciprocity, which can produce selfenforcing patterns of behavior, whereas the human rights regime attempts to produce public goods and is thus subject to collective action (...)
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  21.  6
    The Athenian Amnesty and the 'Scrutiny of the Laws'.Edwin M. Carawan - 2002 - Journal of Hellenic Studies 122:1-23.
    The ¿scrutiny of all the laws¿ that Andocides invokes in his defence On the Mysteries is usually interpreted as a recodification with the aim of barring prosecution for the crimes of civil conflict. This article advances four theses against that traditional reading: (1) In Andocides¿ argument the Scrutiny was designed for a more practicable purpose, not to pardon crimes unpunished but to quash any further action against former atimoi, those penalized under the old regime but restored to rights (...)
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  22. Book Review: Noam Lubell, Extraterritorial Use of Force Against Non-State Actors. [REVIEW]Hadassa A. Noorda - 2011 - Journal of Conflict and Security Law 16 (1):207-222.
    Book Review: Noam Lubell, Extraterritorial Use of Force against Non-State Actors.
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  23.  56
    Does Frege Use a Truth-Predicate in His ‘Justification’ of the Laws of Logic? A Comment on Weiner.Dirk Greimann - 2008 - Mind 117 (466):403-425.
    Joan Weiner has recently claimed that Frege neither uses, nor has any need to use, a truth-predicate in his justification of the logical laws. She argues that because of the assimilation of sentences to proper names in his system, Frege does not need to make use of the Quinean device of semantic ascent in order to formulate the logical laws, and that the predicate ‘is the True’, which is used in Frege's justification, is not to be considered as (...)
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  24.  58
    Noema in the Light of Contradiction, Conflict, and Nonsense: The Noema as Possibly Thinkable Content.Łukasz Kosowski - 2008 - Husserl Studies 24 (3):243-259.
    The present paper is guided by the belief that Edmund Husserl’s concept of noema can be significantly enriched when considered in light of extreme epistemological instances. These include the phenomena of the absurd and nonsense, but also intentional conflict and cases of consciousness directed to contradictory objects. The paper shows that the noema, when experienced in such a context, exhibits interesting characteristics that are rather difficult to note in other circumstances. The paper consists of five sections. The first interprets (...)
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  25.  1
    Conflict Rate and Job Satisfaction Among Staffs in the Islamic Republic of Iran: Rafsanjan Township as a Case Study.Mohammad Naji & Hamied Tabouli - 2011 - Asian Culture and History 3 (2):p49.
    This study is to investigate conflict rate and job satisfaction among staffs in the public organizations in Rafsanjan Township in the Islamic republic of Iran. In this study, staffs personality, laws and guide directions, staffs needs, communications and job satisfaction is investigated by examining the staffs’ salary, job nature, supervisor and salary of staffs’ colleagues and their promotion. This was a quantitative study. All data of this study have been collected by using questioner. All data of this study (...)
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  26. Sir Edward Coke and the Reformation of the Laws: Religion, Politics and Jurisprudence, 1578–1616.David Chan Smith - 2014 - Cambridge University Press.
    Throughout his early career, Sir Edward Coke joined many of his contemporaries in his concern about the uncertainty of the common law. Coke attributed this uncertainty to the ignorance and entrepreneurship of practitioners, litigants, and other users of legal power whose actions eroded confidence in the law. Working to limit their behaviours, Coke also simultaneously sought to strengthen royal authority and the Reformation settlement. Yet the tensions in his thought led him into conflict with James I, who had accepted (...)
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  27.  3
    Skinner, Pettit and Livy: The Conflict of the Orders and the Ambiguity of Republican Liberty.D. Kapust - 2004 - History of Political Thought 25 (3):377-401.
    I argue that an ambiguity exists between Philip Pettit's largely normative and Quentin Skinner's largely historical accounts of republican liberty. Historical republican liberty, as seen in Livy's narrative of the period following the expulsion of the Roman kings to the passage of the Licinian-Sextian laws, was largely defensive, in the form of the tribunate. Though republican liberty protected the plebeians from wanton patrician abuse, removing them from a formal dependence analogous to that of slave or child in Roman law, (...)
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  28.  22
    Toward a Sociology of Conflict of Interest in Medical Research.Sarah Winch & Michael Sinnott - 2011 - Journal of Bioethical Inquiry 8 (4):389-391.
    Toward a Sociology of Conflict of Interest in Medical Research Content Type Journal Article Category Case Studies Pages 389-391 DOI 10.1007/s11673-011-9332-0 Authors Sarah Winch, School of Medicine, The University of Queensland, Queensland, Australia 4072 Michael Sinnott, School of Medicine, The University of Queensland, Queensland, Australia 4072 Journal Journal of Bioethical Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529 Journal Volume Volume 8 Journal Issue Volume 8, Number 4.
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  29. The Dispositionalist Conception of Laws.Alexander Bird - 2005 - Foundations of Science 10 (4):353-70.
    This paper sketches a dispositionalist conception of laws and shows how the dispositionalist should respond to certain objections. The view that properties are essentially dispositional is able to provide an account of laws that avoids the problems that face the two views of laws (the regularity and the contingent nomic necessitation views) that regard properties as categorical and laws as contingent. I discuss and reject the objections that (i) this view makes laws necessary whereas they (...)
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  30.  79
    Conflict of Interest in the Professions.Michael Davis & Andrew Stark (eds.) - 2001 - Oxford University Press.
    Conflicts of interest pose special problems for the professions. Even the appearance of a conflict of interest can undermine essential trust between professional and public. This volume is a comprehensive and accessible guide to the ramifications and problems associated with important issue. It contains fifteen new essays by noted scholars and covers topics in law, medicine, journalism, engineering, financial services, and others.
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  31.  34
    Conflict of Interest and the Talmud.Joshua Fogel & Hershey H. Friedman - 2008 - Journal of Business Ethics 78 (1-2):237-246.
    A core value of Judaism is leading an ethical life. The Talmud, an authoritative source on Jewish law and tradition, has a number of discussions that deal with honesty in business and decision-making. One motive that can cause individuals to be unscrupulous is the presence of a conflict of interest. This paper will define, discuss, and review five Talmudic concepts relevant to conflict of interest. They are (1) Nogea B’Davar (being an interested party), (2) V’hiyitem N’keyim (behaving to (...)
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  32.  11
    Conflict of Interest Policies at Canadian Universities: Clarity and Content. [REVIEW]Bryn Williams-Jones & Chris MacDonald - 2008 - Journal of Academic Ethics 6 (1):79-90.
    Discussions of conflict of interest (COI) in the university have tended to focus on financial interests in the context of medical research; much less attention has been given to COI in general or to the policies that seek to manage COI. Are university COI policies accessible and understandable? To whom are these policies addressed (faculty, staff, students)? Is COI clearly defined in these policies and are procedures laid out for avoiding or remedying such situations? To begin tackling these important (...)
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  33.  17
    The Strange Case of Dr. B and Mr. Hide: Ethical Sensitivity as a Means to Reflect Upon One's Actions in Managing Conflict of Interest. [REVIEW]Marie-Josée Potvin - 2012 - Journal of Bioethical Inquiry 9 (2):225-227.
    The Strange Case of Dr. B and Mr. Hide: Ethical Sensitivity as a Means to Reflect Upon One’s Actions in Managing Conflict of Interest Content Type Journal Article Category Case Studies Pages 1-3 DOI 10.1007/s11673-012-9360-4 Authors Marie-Josée Potvin, Programmes de bioéthique, Department of Social and Preventive Medicine, Université de Montréal, C.P. 6128, succ. Centre-ville, Montréal, Québec, Canada H3C 3J7 Journal Journal of Bioethical Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529.
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  34.  12
    Toward a Postmodernist View of Conflict of Interest.Elise Smith - 2012 - Journal of Bioethical Inquiry 9 (2):223-224.
    Toward a Postmodernist View of Conflict of Interest Content Type Journal Article Category Case Studies Pages 1-2 DOI 10.1007/s11673-012-9359-x Authors Elise Smith, Doctorat en sciences humaines appliquées, option bioéthique, Programmes de bioéthique, Département de médecine sociale et préventive, Université de Montréal, C.P. 6128, succ. Centre-ville, Montréal, Québec, Canada H3C 3J7 Journal Journal of Bioethical Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529.
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  35. The Contingency of Laws of Nature in Science and Theology.Lydia Jaeger - 2010 - Foundations of Physics 40 (9-10):1611-1624.
    The belief that laws of nature are contingent played an important role in the emergence of the empirical method of modern physics. During the scientific revolution, this belief was based on the idea of voluntary creation. Taking up Peter Mittelstaedt’s work on laws of nature, this article explores several alternative answers which do not overtly make use of metaphysics: some laws are laws of mathematics; macroscopic laws can emerge from the interplay of numerous subsystems without (...)
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  36. Laws and Lawmakers: Science, Metaphysics, and the Laws of Nature.Marc Lange - 2009 - Oxford University Press.
    Laws form counterfactually stable sets -- Natural necessity -- Three payoffs of my account -- A world of subjunctives.
     
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  37.  26
    Conflict of Interest Policies in Science and Medical Journals: Editorial Practices and Author Disclosures.Sheldon Krimsky & L. S. Rothenberg - 2001 - Science and Engineering Ethics 7 (2):205-218.
    This study examines the extent to which scientific and biomedical journals have adopted conflict of interest (COI) policies for authors, and whether the adoption and content of such policies leads to the publishing of authors’ financial interest disclosure statements by such journals. In particular, it reports the results of a survey of journal editors about their practices regarding COI disclosures. About 16 percent of 1396 highly ranked scientific and biomedical journals had COI policies in effect during 1997. Less than (...)
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  38.  12
    Defining Financial Conflicts and Managing Research Relationships: An Analysis of University Conflict of Interest Committee Decisions.Elizabeth A. Boyd & Lisa A. Bero - 2007 - Science and Engineering Ethics 13 (4):415-435.
    Despite a decade of federal regulation and debate over the appropriateness of financial ties in research and their management, little is known about the actual decision-making processes of university conflict of interest (COI) committees. This paper analyzes in detail the discussions and decisions of three COI committees at three public universities in California. University committee members struggle to understand complex financial relationships and reconcile institutional, state, and federal policies and at the same time work to protect the integrity of (...)
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  39.  33
    Towards Understanding the Nature of Conflict of Interest and its Application to the Discipline of Nursing.Nancy J. Crigger - 2009 - Nursing Philosophy 10 (4):253-262.
    Most incidences of dishonesty in research, financial investments that promote personal financial gain, and kickback scandals begin as conflicts of interest (COI). Research indicates that healthcare professionals who maintain COI relationships make less optimal and more expensive patient care choices. The discovery of COI relationships also negatively impact patient and public trust. Many disciplines are addressing this professional issue, but little work has been done towards understanding and applying this moral category within a nursing context. Do COIs occur in nursing (...)
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  40.  21
    The Islamic Law of War – Justifications and Regulations.Hadassa A. Noorda - 2012 - Journal of Military Ethics 11 (1):67-69.
    Book Review: Ahmed Al Dawoody, The Islamic Law of War - Justifications and Regulations -.
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  41.  22
    Competing Interests: The Need to Control Conflict of Interests in Biomedical Research.Daniel Steiner - 1996 - Science and Engineering Ethics 2 (4):457-468.
    Individual and institutional conflict of interests in biomedical research have becomes matters of increasing concern in recent years. In the United States, the growth in relationships — sponsored research agreements, consultancies, memberships on boards, licensing agreements, and equity ownership — between for-profit corporations and research universities and their scientists has made the problem of conflicts, particularly financial conflicts, more acute. Conflicts can interfere with or compromise important principles and obligations of researchers and their institutions, e.g., adherence to accepted research (...)
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  42.  22
    Individual and Institutional Conflict of Interest: Policy Review by Research Universities in the United States.Nils Hasselmo - 2002 - Science and Engineering Ethics 8 (3):421-427.
    This paper is a discussion of efforts to manage real and potential conflicts of interest in university research in the United States. The focus is on the report by an Association of American Universities (AAU) task force that addresses both individual and institutional conflict of interest issues.
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  43.  13
    Conflict of Interest in Biomedical Research: A View From Europe.Maurizio Salvi - 2003 - Science and Engineering Ethics 9 (1):101-108.
    In this paper I address the conflict of interest (CoI) issue from a legal point of view at a European level. We will see that the regulatory framework that exists in Europe does state the need for the independence of ethics committee involved in authorisation of research and clinical trials. We will see that CoI is an element that has to be closely monitored at National and International level. Therefore, Member States and Newly Associated States do have to address (...)
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  44. The Status of Laws of Nature in the Philosophy of Leibniz.Karen R. Zwier - 2011 - Proceedings of the American Catholic Philosophical Association 85:149-160.
    Is it possible to take the enterprise of physics seriously while also holding the belief that the world contains an order beyond the reach of that physics? Is it possible to simultaneously believe in objective laws of nature and in miracles? Is it possible to search for the truths of physics while also acknowledging the limitations of that search as it is carried out by limited human knowers? As a philosopher, as a Christian, and as a participant in the (...)
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  45.  6
    Current Perspectives Regarding Institutional Conflict of Interest.Ann Nichols-Casebolt & Francis L. Macrina - forthcoming - Science and Engineering Ethics:1-7.
    Policies and processes dealing with institutional conflict of interest lag well behind those dealing with individual COI. To remediate this, academic institutions must develop strategies for addressing some of the unique challenges in iCOI, including: clarifying the definition of iCOI that addresses the range of individuals potentially involved; implementing a well-designed electronic database for reporting and managing iCOI across multiple leadership constituencies; and providing ongoing education to appropriate institutional officials that communicates the importance of managing iCOI.
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    Conflict of Interest and its Significance in Science and Medicine Warsaw, Poland, 5–6 April, 2002.Wendy Baldwin - 2002 - Science and Engineering Ethics 8 (3):469-475.
    This article summarizes the April 5–6, 2002 conference on Conflict of Interest and Its Significance in Science and Medicine. Several themes are identified and addressed, including the globalization of science, the widespread presence of conflicts, the increased interest and involvement in conflict of interest by a number of organizations, the difference between academic research and research conducted by industry, and the tension between science and medicine. At the heart of the matter lies objectivity in research and the need (...)
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    Conflict of Interest: The Importance of Potential. [REVIEW]Dr Imogen Evans - 2002 - Science and Engineering Ethics 8 (3):393-396.
    The UK Medical Research Council (MRC) takes the issue of conflict of interest very seriously. The overall aim is to preserve a climate in which personal and organisational innovation can flourish while ensuring that potential conflicts are disclosed and identified and conflicts are either avoided or managed with integrity. The approach needs to encompass the MRC’s various responsibilities and the levels at which conflicts might arise: MRC staff (scientists and administrators); the governing Council; research Boards and committees; external peer-reviewers; (...)
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  48.  5
    Coping with the Conflict-of-Interest Pandemic by Listening to and Doubting Everyone, Including Yourself.Lynn T. Kozlowski - 2016 - Science and Engineering Ethics 22 (2):591-596.
    In light of the widespread existence of financial and non-financial issues that contribute to the appearance or fact of conflict of interest, it is proposed that conflict of interest should generally be assumed, no matter the source of financial support or the expressed declarations of conflicts and even with respect to one’s own work. No new model is advanced for modification of peer-review processes or for elaboration of author declarations of interest. Researchers should be assessing the quality of (...)
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    Conflict of Interest and its Significance in Science and Medicine: A View From Eastern Europe.A. Górski - 2001 - Science and Engineering Ethics 7 (3):307-312.
    Continued scientific and medical progress in Central and Eastern Europe depends on the development of an atmosphere that is conducive to implementing the changes that are necessary to bring better health and longer lives for everyone. Privatization and commercialization are threatening the objectivity of clinical research and the availability of health care because uncontrolled market mechanisms focused on profit are nurturing conflict of interest that generate bias and unreliability into research and medicine. Changes are needed that address the following: (...)
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  50.  6
    Conflict of Interest in Croatia: Doctors with Dual Obligations. [REVIEW]Professor Bozidar Vrhovac - 2002 - Science and Engineering Ethics 8 (3):309-316.
    There is an emerging awareness of the possibility of conflicts of interest in the practice of medicine in Croatia. The paper examines areas within the medical profession where conflicts of interest can and have occurred, probably not only in Croatia. Particularly addressed are situations when a doctor may have dual obligations and how independent ethics committees can help in decreasing the influence of a conflict of interest. The paper also presents extracts from the Croatian Code of Ethics for the (...)
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