Habilitation - Universität, Münster (Westfalen), 2001. / Includes bibliographical references (p. 371-408) and index.

Thesis (Ph. D.)--University of Chicago, School of Social Service Administration, August 2001. / Includes bibliographical references. Also available on the Internet.

Rationing of lifesaving resources in pandemics is likely to be an increasingly relevant issue. While the broad legal and ethical implications of pandemic preparedness have been explored at length, little attention has been paid to the legal issues associated with rationing. This thesis seeks to analyze the potential for administrative and private law challenges to governments’ rationing of vaccines, ventilators and antivirals. The wide variety of statutory authorities, and their associated conditions and discretionary limitations, that governments may rely on for mandating rationing protocols, makes them susceptible to administrative law challenges on the grounds of errors of jurisdiction. An analysis of the tort liability of governments, hospitals and physicians suggests that negligence suits will likely not be successful due to a lack of proximity required for a private law duty of care, the policy-making immunity of governments and a contextual standard of care.

The Canadian Charter of Rights and Freedoms can be interpreted in two ways regarding its relation with administrative law. First, as an alternative statutory remedy against government; second, as a general democratic mandate to reconsider the foundations of Canadian administrative law. Nevertheless, in spite of the entrenchment of the Charter, the former interpretation has prevailed. Indeed, since 1982, the Charter has developed as a distinct body of rights operating separately from administrative law remedies. / The interpretation of the Charter as a distinct statutory remedy has caused problems in both the definition of administrative power under the Charter and in the judicial review of administrative action. First, the interpretation of the Charter as autonomous remedy has polarized the definition of administrative power insofar as administrative authorities can either apply or not apply the Charter. However, both solutions are extreme: administrative authorities are not superior courts; conversely, the notwithstanding clause set aside, the power to give effect to the Charter cannot validly be withdrawn. Second, at the judicial level, even though it is part of the Constitution, the Charter has been treated as an autonomous cause of action against government, thus distinct from inherent judicial powers. This has prompted a separate regime of judicial power under the Charter, and separate constitutional and administrative law standards of review. / However, the autonomy of the Charter and administrative law, at both administrative and judicial levels, is being reconciled through the integration of the Charter into the process of statutory interpretation, thus minimizing the distinction between "administrative law" and the "law of the Charter".

Article 21 of the Insolvency Act states that the estate of the solvent spouse transfers to the curator of the insolvent spouse's sequestrated estate. The solvent spouse then has the burden to request the release of property vested in the curator of the insolvent estate. In accordance with Article 21(2), the spouse is required to prove a lawful title on the property. Should the spouse be able to prove a lawful title on the property, the curator is obligated to release the property. Although the constitutionality of this temporarily "deprivation" of the solvent spouse of her rights has already been confirmed by the Constitutional Court; it imposes drastic limitations to his/ her rights. The Insolvency Act does not incorporate procedural measures by means of which the curator has to establish whether the solvent spouse has exempted his/ her from the proof burden. In the same breath, the Constitution and the Promotion of Administrative Justice Act warrant that "everyone has the right to administrative action that is lawful. reasonable and procedurally fair." If the curator's actions, in accordance with Article 21. conform to the administrative procedures as set out in the Promotion of Administrative Justice Act, the spouse shall be entitled to administrative actions which are procedurally fair as concluded within the Promotion of Administrative Justice Act. The conclusion is proof that the actions of the curator, in accordance with Article 21 of the Insolvency Act, is indeed administrative by nature and that the solvent spouse has the right to administrative actions which is procedurally fair as prescribed in the Promotion of Administrative Justice Act, as well as the right to reasons for not being granted the release of property. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2007.

Rationing of lifesaving resources in pandemics is likely to be an increasingly relevant issue. While the broad legal and ethical implications of pandemic preparedness have been explored at length, little attention has been paid to the legal issues associated with rationing. This thesis seeks to analyze the potential for administrative and private law challenges to governments’ rationing of vaccines, ventilators and antivirals. The wide variety of statutory authorities, and their associated conditions and discretionary limitations, that governments may rely on for mandating rationing protocols, makes them susceptible to administrative law challenges on the grounds of errors of jurisdiction. An analysis of the tort liability of governments, hospitals and physicians suggests that negligence suits will likely not be successful due to a lack of proximity required for a private law duty of care, the policy-making immunity of governments and a contextual standard of care.

Thèse. Droit. Paris. 1947.

Thesis (Ph. D.)--Michigan State University. Dept. of Political Science, 2006. / Title from PDF t.p. (viewed on June 19, 2009) Includes bibliographical references. Also issued in print.

Zugl.: Augsburg, Universiẗat, Habil.-Schr., 2006/2007. / Includes bibliographical references (p. [335]-353) and index.

Thesis (Ph. D.)--Johns Hopkins University, 1925. / Vita. Published also as Johns Hopkins university studies in historical and political science, ser. XLV, no. 1. Includes bibliographical references.