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Full-Text Articles in Law

Parental Separation And The Child Custody Decision: Toward A Reconception, David G. Duff, Roxanne Mykitiuk Jan 1989

Parental Separation And The Child Custody Decision: Toward A Reconception, David G. Duff, Roxanne Mykitiuk

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Contemporary debates regarding the appropriate way to resolve custody and access disputes reflect deeply rooted conceptions of both the family and the proper relationship between the family and the state. The prevailing "best interests of the child" test and judicial presumptions favouring sole custody embody a traditional definition of the family and a communitarian image of familial relationships.Conversely, current joint custody legislation adopts a liberal-contractual paradigm, in which the family is viewed as a joint partnership and children are conceived as assets to be equally divided upon termination ofthe spousal relationship. The authors reject both notions of the family and …


Evidentiary Privilege For Hospital Quality Assurance And Risk Management: Assessing Statutory Reform, David G. Duff Jan 1989

Evidentiary Privilege For Hospital Quality Assurance And Risk Management: Assessing Statutory Reform, David G. Duff

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Quality assurance (QA) and risk management (RM) programs originated relatively recently in Canadian hospitals. Associated with the increasingly institutional framework for the delivery of health care, their development has been stimulated by tougher standards for hospital accreditation., the expanded scope of hospital liability for medical malpractice, and direct government regulation. While these measures promise substantial advancement in patient safety and the quality of medical care, considerable concern has been voiced that their potential is frustrated by the unwillingness of medical personnel to participate wholeheartedly in such programs without clear guarantees of confidentiality for the deliberations and recommendations of QA and …