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Introduction Despite the existence of opportunities for postgraduate studies in radiography, the number of radiographers involved in postgraduate education is low and their research production is also considered low compared to other professions. The main aim of this study was to understand the profile of radiography Doctorate holders across the Arab countries, document their current role and identify barriers that may influence research and professional publication activity. Methods There is no formal database of doctoral radiographers in Arab countries, therefore a snowball sampling technique was used to recruit participants beyond those identified through organizational websites. An online survey was distributed to the participants with implied consent being applied through completion of the survey. Results From 53 responses, 78% were male and 98% were diagnostic radiographers. Fifty-one percent completed their PhD in non-Arab countries and 55% self-funded (paid for themselves) their PhD study. An increase in doctoral students was observed over time, where 36% (n = 19) of participants will graduate in 2020 and afterward. Barriers reported as preventing radiographers pursuing research/publication were support, employing institutions, lack of research focussed leadership and lack of collaboration. Conclusion Government support and direction from national professional bodies is needed. To enable research growth, there must be a foundational component within pre-registration/licensing education. Implications for practice Focussing on government or professional body supported projects that are divided into smaller linked investigations can provide foundational work for PhD development. It is through these opportunities that practitioner research enhancement and capability is improved. Potential Arabian regional and wider international collaborations should be pursued in future as a developmental approach.

Objective The coronavirus disease 2019 (COVID-19) pandemic has affected professionals in all fields; none more so than medical and dental professionals. As dental core trainees (DCT) working in hospitals, we have been at the forefront of the crisis and one of the first in line for redeployment. Therefore, we decided to investigate the impact of COVID-19 on the redeployment of DCTs across the UK. Materials and Methods Data for this study was collected and shared between three project researchers. All researchers were undergoing dental core training in Oral Surgery and Restorative dentistry at Guy’s Hospital, London. An online survey was sent out via email and online social media platforms to reach as many DCTs as possible in the United Kingdom. Implied consent was obtained by respondents on submission of the survey.The survey consisted of five sections and was branched, with respondents answering different sections depending on their redeployment status. No qualitative data was collected, as all questions included in the survey were dichotomous or multiple-choice questions. The last two questions were in the form of a 5-point Likert scale, inviting respondents to rate five statements from strongly agree to strongly disagree. Results A total of 150 participants responded, of which 34% had been redeployed due to the pandemic. The majority of DCTs were redeployed to an intensive care unit or similar setting, and over 75% of those redeployed were working with either COVID-19 positive/suspect patients. Additionally, 23.8% of respondents had stopped patient contact due to their medical status. Conclusion Many DCTs have been deployed to departments outside of their specialty and expressed some anxiety as a result. Inevitably, this has resulted in disruption to their training program and education over the last few months. The response across the United Kingdom has been understandably variable due to the differing demands of the hospital trusts within which the DCTs work.

Debido a la complejidad de las relaciones jurídicas, se ha podido evidenciar que, en ocasiones, una parte que no ha suscrito la cláusula arbitral, a través de sus propios actos, ha otorgado su consentimiento. Asimismo, es posible que a lo largo de la relación contractual se incorporen nuevos actores. Es por esto que, la doctrina, ha desarrollado teorías justificativas que reconocen que la cláusula arbitral puede ser extendida de manera excepcional a partes no signatarias. Una de estas es la teoría de los actos propios que comprende el consentimiento tácito y la buena fe. Perú es uno de los países que ha adoptado esta teoría en su Ley de Arbitraje. Al respecto, si bien en Bolivia se reconoce el consentimiento tácito, no se han determinado sus alcances en materia arbitral, y tampoco se reconoce expresamente dicha teoría en la Ley de Conciliación y Arbitraje. Razón por la cual, se realizó un análisis, y se establecieron las condiciones de compatibilidad jurídica entre ambos países para determinar cuáles son los alcances y criterios que se deben tomar en cuenta para adoptar o no esta teoría en nuestro país, a fin de evitar su incorrecta aplicación que ocasionaría una violación a la seguridad jurídica de las partes.

The Egyptian Arbitration Law No. 27/1994 (the 'Egyptian Arbitration Law') was enacted without delineating the subject of arbitrability of administrative contracts. This was one of the hottest pre-existing debates preceding the promulgation of the Egyptian Arbitration Law, yet the latter has succinctly mentioned that arbitration is valid between public and private entities. The Legislature did not find such wording sufficient to settle this debate and decided in 1997 to introduce a specific amendment elaborating this issue. The 1997 amendment might have settled the arbitrability of administrative contracts debate, however, it initiated another debate when it required that arbitration agreements under administrative contracts be approved by the competent minister. Until now, there are some unsettled issues concerning this ministerial approval requirement. For instance, which party is liable to procure such ministerial approval: the administrative authority or its private counter-party? Could this ministerial approval be implied? For example, what if the competent minister has attended the contract signing ceremony, would that be enough? Another recurring question is whether such a ministerial approval pertains to public policy or not. This article tries to answer these questions in light of the recent decisions rendered by the Egyptian courts and arbitral tribunals.

The Egyptian Arbitration Law No. 27/1994 (the ‘Egyptian Arbitration Law’) was enacted without delineating the subject of arbitrability of administrative contracts. This was one of the hottest pre-existing debates preceding the promulgation of the Egyptian Arbitration Law, yet the latter has succinctly mentioned that arbitration is valid between public and private entities. The Legislature did not find such wording sufficient to settle this debate and decided in 1997 to introduce a specific amendment elaborating this issue. The 1997 amendment might have settled the arbitrability of administrative contracts debate, however, it initiated another debate when it required that arbitration agreements under administrative contracts be approved by the competent minister. Until now, there are some unsettled issues concerning this ministerial approval requirement. For instance, which party is liable to procure such ministerial approval: the administrative authority or its private counterparty? Could this ministerial approval be implied? For example, what if the competent minister has attended the contract signing ceremony, would that be enough? Another recurring question is whether such a ministerial approval pertains to public policy or not. This article tries to answer these questions in light of the recent decisions rendered by the Egyptian courts and arbitral tribunals. Ministerial Approval Requirement, Administrative Contracts, State Contracts, Egyptian Arbitration, Public Policy, Annulment of Arbitral Awards, Enforcement of Arbitral Awards, Implied Consent, ex officio, Egyptian State Council

Defendants in rape trials rely on narratives of “implied consent,” situating women’s ordinary behavior as having indicated consent. Such narratives ignore women’s experiences, instead describing a male perpetrator’s subjective interpretation or inference of the woman’s actions. Implied consent narratives should have been eliminated by law reform introducing affirmative consent that redirected attention to steps that the perpetrator took to ensure the other party was consenting. Drawing from an Australian study, this article uses rape trial excerpts from the state of Victoria to argue that implied consent narratives endure in rape trials and form the key factor shaping a reasonable belief defense. Rape law allows men to interpret women’s behavior without restriction, providing evidence of the persisting influence of misogynistic views of women in law and legal practice. This article contributes to feminist jurisprudential and theoretical efforts to generate understandings of the ways rigid gender norms are enacted and performed in rape trials.

Recent studies highlight the importance of digital surveillance to gather individual health information due to the global pandemic caused by the new COVID-19 disease. This paper analyses its legal and ethical implications at the interface between the individual right to privacy and the collective interests of public health. We framed the discussion in law, deontology and utilitarianism. The lasted theories and human rights, especially privacy, are crucial in our argument. Health-derived dilemmas and efforts to solve them, especially by information technologies, bioethics and law, exist at these perspectives' interface. In particular, we analysed the intersection between autonomy, the right to privacy, and the so-called ‘right to be forgotten’ in the public health context. In other words, we studied the right to obtain from the controller the erasure of health data - a radical means of control over personal data established in Article 17 of the General Data Protection Regulation (GDPR). Given the lack of specifics regarding collection and re-use of such data under the broad scope of public health purposes, implied consent does not address the issue of proportionality. We highlight legal safeguards’ insufficiency, suggesting applying the ‘right to be forgotten’ according to an ethical interpretation.

Contractarians view the corporation as a nexus of contracts, constituted by the express or implied consent of each party to or contracting with it. Strong-form contractarianism takes this claim literally and holds that a corporation can be created and sustained by contract alone, thanks notably to the courts’ supportive gap-filling role. We argue that this view is undermined by the way courts actually treat implied terms. While courts do attempt to fill gaps and hold parties to their bargains, they do not typically manufacture counterfactual consent by resorting to the hypothetical bargain logic of contractarianism. Even under the most flexible form of contract law, the common law contract, the capacity of courts to imply third-party obligations in multi-party contracts is highly limited. This makes the contractarian reliance on contract and the courts to construct the complex set of multi-party obligations that make up the corporate form implausible.

As little commentary exists in English, it is the author’s hope that this note on the extension of the arbitration agreement to non-signatories in international arbitration in Latin America in light of the 2008 Peruvian “progressive” arbitration reforms will assist international practitioners and academics alike. Section II considers comparative theories of extension with a specific focus on French arbitral practice as transposition has been the means of construction for Latin America’s normative framework of implied consent. Section III presents as case studies (i) the unique Article 14 of the Peruvian Arbitration Law (PAL) No. 1071 (2008), the only arbitral statute in the world expressly providing for non-signatory extension of the arbitration agreement, and (ii) TSG Peru SAC v. Pesquera Industrial Chicama et al (2009), the first case to consider Article 14 PAL showcasing the transposition errors that may arise as transnational norms are articulated across continents to national legislatures, arbitral tribunals, and annulment courts. Section IV concludes that progressive statutory codification, overly reliant on foreign doctrine in its expansion of arbitral scope, will often be lost in translation by reviewing domestic courts. Thus, the Latin American theme of “contract reality” results in a cross-speech, not unique to the region given the very nature of transnational norms, which fails to speak to commercial parties.

The tension between the need for critique and its (often unperceived) limits through our given common sense, a tension Charles S. Peirce describes as critical common sense, hasn’t lost its actuality. Vague certainty is one root of this tension, which the paper unfolds by distinguishing two forms: while the first one grounds common sense as a form of life, the second one, self-certainty, represents the purpose of endeavors, and it serves, speaking with Pierre Bourdieu, as a form of distinction (1). As part of an indifference towards power structures of exclusion, vague certainties contribute to what Judith Butlers describes as the violent derealization of others, which is being discussed in the light of the Black Lives Matter and Me Too movement. (Self-)certainty, as is being shown, is not (merely) an epistemological matter, but encompasses the fields of the political and aesthetic. Accordingly, as a crucial part of political critique and practices to counter (self-)certainties, a differentiation of doubting is required – the paper proposes four different kinds: authoritarian, anti-authoritarian, acknowledging and imaginative doubting. They help understand the political struggles of re-realizing formerly derealized positions within society (2). Particularly through imaginative doubting, some shortcomings within Peirce’s notion of the self (and, for that matter, within the pragmatist notion of doubting) are being overcome by showing how to link it to creative processes of abduction, which in turn have consequences for political matters by unsettling implicit consent, or, in the words of Jacques Ranciere, the partition of the sensible (3).

El primer supuesto del artículo 14 del Decreto Legislativo 1071 positiviza la teoría de incorporación de partes no signatarias conocida a nivel internacional como “consentimiento implícito”. Si bien ya han transcurrido más de doce años desde su publicación, a la fecha, el artículo 14 no ha sido materia de pronunciamientos locales en el plano arbitral o judicial que nos brinden mayores elementos respecto de su aplicación en casos concretos. El presente artículo busca identificar la manera en que los tribunales arbitrales internacionales han aplicado la teoría del consentimiento implícito a fin de determinar qué tipo de conductas, a lo largo del iter contractual, han justificado la incorporación de un no signatario al arbitraje. Asimismo, los autores buscan responder algunas preguntas de índole sustantiva y procesal: ¿el no signatario responde de forma solidaria o mancomunada? ¿Cómo se conjuga la incorporación de un no signatario y su derecho a participar en la constitución del tribunal arbitral? ¿En qué oportunidad se debería decidir la incorporación de un no signatario?

Recent regulations for security and privacy of personal data request new approaches in data access and retrieval processes. In the context of healthcare, the regulations point two types of consent to access sensitive personal medical data: explicit and implicit consent. This paper focus on explicit consent cases and presents an architecture where the patient grants on-demand access to private health records. The architecture is supported by a Discretionary Access Control model suited for cross-domain and cloud environments. Each resource belongs to a patient that has the power to grant or deny any access rights to users or groups of users. All the process is designed to be secure, from the authentication of the physician in the terminal until the communications between entities, passing by the physician’s terminal check by the patient. Furthermore, the security methods are discussed and evaluated. Finally, it is presented a summary of the developed work and the plans to apply in the future work.

This article considers recent CJEU case law on the Brussels I Regulation. Two aspects of Article 7(1) (which applies to matters relating to a contract) are considered: the first is whether the contract must be between the parties to the case; the second is whether membership of an association should be regarded as constituting implied consent to be bound by decisions of the association so that jurisdiction to enforce them may be taken under Article 7(1). The article also discusses recent case law on who counts as a ‘consumer’ in terms of Article 17.

At a moment when college sexual assault is described as an epidemic, it is important to understand college students’ implicit meanings of consent. Through 83 interviews, we examine students’ interpretations of a vignette in which neither character asked nor gave consent to sex. Gendered expectations significantly shaped whether students interpreted the male or female character as giving consent. When considering how students indicate interest in kissing or having sex, students interpreted acts such as leaving a party as indications of a man’s sexual interest and a woman’s willingness. That is, college students “expected” and employed implicit, gendered readings of actions that inform their understandings of implicit consent.

‘Confidentiality: good practice in handling patient information’1 is the updated guidance on confidentiality from the General Medical Council (GMC), which came into effect in April 2017. It was published alongside explanatory notes on how the guidance applies in certain challenging situations, such as reporting concerns to the Driver and Vehicle Licensing Agency (DVLA), reporting gunshot wounds and responding to criticisms in the media. The guidance is essential reading for all medical professionals because of their duty to practise in line with GMC standards and guidance. See box 1 for links to the full guideline and associated resources. The new guideline aims to be more user-friendly than existing guidance. It makes a clearer distinction between direct care and other uses of patient data: information sharing between health professionals for the purpose of direct care is recognised as essential and predominantly facilitated by the concept of implied consent, whereas disclosures for other reasons must be ethically and legally justified if explicit consent has not been obtained. A clear framework for decision making is provided, which can be used to guide doctors when considering disclosures for the purposes of direct care, for the protection of patients or others and for all other purposes. The new guideline also sets out the responsibilities of all doctors for managing and protecting patient information. For professionals working with children, this new guidance must be seen as complimentary to the existing GMC guidance on confidentiality relating to children, the former in the context of child protection, the latter more generally: ‘Protecting children and young people: the responsibilities of all doctors’,2 and ‘0–18 years: guidance for all doctors’.3 Previous GMC guidance on confidentiality was published in 2009,4 and consisted of core guidance plus seven explanatory statements explaining how these principles applied in certain common or …

The National Health Service in England and Wales is dependent upon the flow of confidential patient data. In the context of consent to the use of patient health data, insistence on the requirements of an ‘informed’ consent that are difficult to achieve will drive reliance on alternatives to consent. Here we argue that one can obtain a valid consent to the disclosure of confidential patient data, such that this disclosure would not amount to a breach of the common law duty of confidentiality, having provided less information than would typically be associated with an ‘informed consent’. This position protects consent as a practicable legal basis for disclosure from debilitating uncertainty or impracticability and, perhaps counter-intuitively, promotes patient autonomy., The National Health Service in England and Wales is dependent upon the flow of confidential patient data. In the context of consent to the use of patient health data, insistence on the requirements of an 'informed' consent that are difficult to achieve will drive reliance on alternatives to consent. Here we argue that one can obtain a valid consent to the disclosure of confidential patient data, such that this disclosure would not amount to a breach of the common law duty of confidentiality, having provided less information than would typically be associated with an 'informed consent'. This position protects consent as a practicable legal basis for disclosure from debilitating uncertainty or impracticability and, perhaps counter-intuitively, promotes patient autonomy.

New consent management platforms (CMPs) have been introduced to the web to conform with the EU's General Data Protection Regulation, particularly its requirements for consent when companies collect and process users' personal data. This work analyses how the most prevalent CMP designs affect people's consent choices. We scraped the designs of the five most popular CMPs on the top 10,000 websites in the UK (n=680). We found that dark patterns and implied consent are ubiquitous; only 11.8% meet the minimal requirements that we set based on European law. Second, we conducted a field experiment with 40 participants to investigate how the eight most common designs affect consent choices. We found that notification style (banner or barrier) has no effect; removing the opt-out button from the first page increases consent by 22--23 percentage points; and providing more granular controls on the first page decreases consent by 8--20 percentage points. This study provides an empirical basis for the necessary regulatory action to enforce the GDPR, in particular the possibility of focusing on the centralised, third-party CMP services as an effective way to increase compliance., 13 pages, 3 figures. To appear in the Proceedings of CHI '20 CHI Conference on Human Factors in Computing Systems, April 25--30, 2020, Honolulu, HI, USA

The Fourth Amendment protects individuals against unreasonable searches by the state without a warrant. The Court has long struggled with questions of what constitutes a search and under what circumstances the acquisition of a warrant by police is an unreasonable hurdle to legitimate safety concerns of the public. Mitchell asks these questions in the context of drawing a blood alcohol test from an unconscious driver. One side argues that drivers have provided implied consent when signing up for a license in order to protect the entire public from harm, while the other side argues that such a personal bodily invasion is not allowed under the Fourth Amendment.

Objectives. There are several approaches such as presumed consent and compensation for deceased donor organs that could reduce the gap between supply and demand for kidneys. Our objective is to evaluate the magnitude of the economic impact of policies to increase deceased donor organ donation in the United States. Methods. We built a Markov model and simulate an open cohort of end-stage renal disease patients awaiting kidney transplantation in the United States over 20 years. Model inputs were derived from the United States Renal Data System and published literature. We evaluate the magnitude of the health and economic impact of policies to increase deceased donor kidney donation in the United States. Results. Increasing deceased kidney donation by 5% would save $4.7 billion, and gain 30,870 quality-adjusted life years over the lifetime of an open cohort of patients on dialysis on the waitlist for kidney transplantation. With an increase in donations of 25%, the cost saved was $21 billion, and 145,136 quality-adjusted life years were gained. Policies increasing deceased kidney donation by 5% could pay donor estates $8000 or incur a onetime cost of up to $4 billion and still be cost-saving. Conclusions. Increasing deceased kidney donation could significantly impact national spending and health for end-stage renal disease patients.

This article proposes a specific logic of dynamics for integrative social contracts theory (ISCT) that combines two empirically oriented process extensions strengthening concreteness of Donaldson and Dunfee’s conceptualization, namely (1) international policy regime theory and (2) Tiebout migration. While either would help “dynamize” and “concretize” ISCT, the two combined are even more insightful. Real-world policy regime processes can develop concrete action-guiding norms instantiating hypernorms to guide business decisions. Donaldson and Dunfee placed empirical reliance on expectation of converging parallel evolution of universal principles and authentic local values. ISCT remains vague on how global or local norms can develop and change, for two reasons. First, ISCT does not explain mechanisms for how proposed hypernorms can become actual global norms and also become accepted across extant authentic communities. International policy regime theory explains how hypernorms can become instantiated as global norms expressed in policy regimes. Second, a basic element in ISCT is implied consent positing free exit from voluntary moral communities. Empirically, individuals or businesses may be unable to exit from undesired membership in authentic communities to which they do not consent. The Tiebout migration model provides valuable insights concerning how substantive mobility or its absence improves on the minimum ISCT assumption of implied consent. An integrated logic of ISCT dynamics generates a three-level framework in which instantiated hypernorms and authentic community (microsocial) norms can empirically change, and individuals or businesses can migrate more freely across extant communities.

Privacy of individuals has been the subject of enquiry for philosophers, social scientists, and economists for a long time. However, recently digital technologies have enabled data collection, processing, and distribution at large scales. Accordingly the Internet and Telecom firms have been collecting user data, processing them and disseminating them often with an implicit consent or not even informing the users of the various uses of such data collected. World over, regulators who have been lenient on Internet companies to nurture innovation and entrepreneurship have started enacting policies that curb inappropriate use of personal data. In this chapter, we try to answer the following questions regarding privacy.

This article is a chapter in a research handbook on stockholder litigation to be published in early 2017. It details the methods by which the Delaware Court of Chancery asserts personal jurisdiction over directors and officers of Delaware corporations. The article begins with a brief background discussion of Delaware’s unique sequestration system that was declared unconstitutional in Shaffer v. Heitner (1977). It then describes Delaware’s current approach, in which the primary amenability statute is based on implied consent (Section 3114). The article also details the two other amenability approaches for fiduciaries in Delaware litigation, the general long-arm statute (Section 3104) and the common law Conspiracy Theory doctrine. The article discusses the Delaware Supreme Court’s 2016 decision in Hazout v. Tsang Mun Ting, written by Chief Justice Strine, and also Vice Chancellor Laster’s transcript ruling in Badlands NGLs, LLC v. Cascade Capital Corp. (2015).

Expressions of consent are valid only if freely given. Consent coerced at gunpoint is normally not binding, and subtler forms of influence also vitiate consent: hypnosis and brainwashing, for example. This leads to a difficulty for liberal theories of political obligation. How can a citizen, who has been raised from birth to believe she is morally bound to the state, validly consent to its demands? John Rawls and Bernard Williams each addressed the problem, and each proposed a similar solution: modes of moral and civic education do not preclude valid consent if the citizen would freely consent to have been educated in those ways. The argument of this chapter is that this solution leads to a dilemma: either the familiar practices of early education must be radically and pervasively reformed, or political philosophers must concede that state authority cannot be consensual “all the way down.”

Consent – in one form or another – is at the core of the modern understanding of contract law. This Chapter shows how the nature of consent involved in contractual transactions is distinctively different from the consent involved in other sorts of events and transactions. The text also focuses issues of consent are in tension with another important aspect of contracts and contracting: that contracts – and their predictable enforceability – are central to modern commercial life. The Chapter begins by offering some general reflections on the nature of consent. It then considers the connection between consent and various doctrinal defenses to the enforcement of contracts. A subsequent section describes the way in which modern contracting practice generally falls far short of consent in its fullest sense. Finally, the text reflects on the practical effects “defective” consent may have for the enforcement of agreements, as well as the moral implications of defective consent for individuals’ obligations to keep contracts.