It is well established in the literature that the morbidity and mortality rates due to chronic diseases such as cardiovascular disease, cancer, hypertension, and diabetes in the U.S are alarmingly high. Likewise, there is ample data which demonstrates that participating in physical activity can help prevent and control many types of chronic diseases. Though the benefits outweigh the risks of participation in physical activity, the risks must be acknowledged. Published standards and guidelines in the health fitness field have been established to address operational practices of fitness facilities, increase safety of participants and mitigate these risks. The present study was a national investigation conducted to determine adherence to published standards and guidelines for self- and professionally-guided pre-activity health screening procedures (PHSP) across various settings (i.e., Hospital/Clinical, Community, Commercial, Corporate, University, Government). Additionally, this study obtained perspectives from study participants regarding familiarity with, importance of adherence to and legal liability associated with published standards and guidelines. As the American College of Sports Medicine (ACSM) is considered the gold standard in health and fitness, only ACSM's published standards and guidelines, specifically those related to pre-activity health screening, were included in the present study. A survey instrument was developed and validated to obtain the data for this study. The link for the web-based survey was sent from the ACSM's Certification Department to all ACSM Health Fitness Specialists (HFS) who lived in the US (n=9,433); a total of 1,246 (13.2%) responded to the survey. The survey instrument consisted of 54 questions including 14 participant related (i.e., Q1, Q3, Q34-Q45), 32 facility related (i.e., Q2, Q4-Q33, Q46), seven demographic related (Q47-Q53), and one open-ended question (Q54). Exclusion criteria removed any HFS who was not currently working part- or full-time in a fitness facility, which left 677 usable responses for data analysis. Special measures were taken to remove duplicate responses for any given facility which resulted in a lower number of usable responses (n=656) for those 32 questions. As hypothesized, the Hospital/Clinical setting had significantly (p<.006) higher percentages of fitness facilities (93%) which require new participants to complete a pre-activity screening device than all other settings (i.e., University (56%), Community (54%), Commercial(40%), and Government (67%)). Additionally, the Hospital/Clinical setting was also found to be significantly higher than Corporate relative to this same variable. Regarding the second research hypothesis, the Corporate setting was found to have significantly (p<.006) higher percentages (78%) of fitness facilities which require new participants to complete a pre-activity screening device than the Community setting. Twenty-six percent of respondents indicated they their facility conducted self-guided, 43% professionally guided, and 31% offered both self- and professionally-guided PHSP. High percentages of fitness facilities (73%) required new participants to complete a pre-activity screening device with 47% and 87% of these facilities requiring medical clearance for at-risk new participants for self- and professionally-guided screening procedures, respectively. At-risk was defined in the study as someone with known disease (e.g., cardiac, pulmonary or metabolic) or with signs/symptoms and/or risk factors associated with cardiac, pulmonary, or metabolic disease. Also, participants with other medical conditions (e.g., pregnancy, orthopedic injury) may be considered at- risk. The majority (86%) of facilities offered personal training and nearly all of these (99.6%) required clients of personal trainers to complete a pre-activity screening device. Additionally, 84% of these facilities required medical clearance for at-risk clients. Data regarding other aspects of PHSP for facilities were also obtained such as frequency of completion for participants, privacy, confidentiality, and security of information obtained, participant refusal to complete, and waivers for guests. Regarding their familiarity, 69% of respondents indicated that they were very familiar with the ACSM's Guidelines for Exercise Testing and Prescription (ACSM's GETP); however only 52% indicated they used the ACSM's GETP for development and implementation of their facility's PHSP. Of these facilities, the results regarding the inclusion of the GETP criteria on their screening device were: (a) 96%, 91%, 87% for known CV, pulmonary and metabolic disease, respectively, (b) 44-95% for each of the nine signs/symptoms with dizziness/syncope the highest (95%) and intermittent claudication the lowest (44%), and (c) 64%- 99% for each of the nine CV risk factors with smoking the highest (99%) and high-density lipoprotein the lowest (64%). Although 52% of respondents reported more than adequate academic preparation, 70% reported being very confident in conducting professionally-guided pre-activity health screening procedures and that adherence to published standards and guidelines was very important. However, only 28% of respondents reported more than adequate academic preparation regarding legal implications involving PHSP. Other data from the HFSs regarding PHSP were also obtained such as their perspectives of the importance to management to adhere to and familiarity with published standards and guidelines as well as their knowledge of legal issues related to PHSP. In the open-ended question, respondents provided comments and challenges (n=509) that they encountered while conducting PHSP. These data were analyzed, coded and then categorized into three major themes: 1) medical clearance related issues, 2) administrative/procedural related issues, 3) member related issues. Compared to previous research, adherence to published standards and guidelines, as evidenced by the percentage of facilities which require new participants and clients of personal trainers to complete a pre-activity screening device, seems to be generally increasing. Additionally, relative to the requirement of medical clearance for personal training clients also seems to demonstrate an upward trend. However, the requirement of medical clearance for at-risk new participants remains about the same as previous studies (ranging from 49%-82% of the facilities) and the current study (47% for self-guided and 87% for professionally-guided). For facilities that were not conducting PHSP (27%), the major reasons why were reinforced by the comments to the open-ended question and were similar to those found in a previous study that investigated the same. The findings from this study indicated that there are areas that may need to be addressed within the profession to help increase adherence to published standards and guidelines especially in Community, Commercial, University, and Government settings. For example, these facilities might need a more simplified approach and additional guidance from the ACSM for more effectively and efficiently conducting PHSP. Additionally, academic programs could contribute by more comprehensively integrating PHSP into courses and practical learning opportunities for students. Given the importance of conducting PHSP, future research in PHSP focused on issues specific to individual settings may help establish the framework and provide direction for stakeholders to address this relevant issue in the field.

Šiame darbe yra analizuojamos Tarptautinės sveikatos priežiūros taisyklės, aptariant jų istoriją, pagrindinius principus bei įtaką šiuolaikiniu globalizacijos periodu. Tarptautinės sveikatos taisyklės yra neatsiejama dalis, siekiant išvengti tarptautinio infekcinių ligų plitimo tarptautiniu mastu, netrukdant tarptautinei prekybai bei susisiekimui. Norint išlikti visaverte partnere tarptautinėje erdvėje vystant ekonominę, socialinę padėtį, privalu taisykles įgyvendinti. Lietuva, būdama Pasaulio sveikatos organizacijos, Europos Sąjungos narė, ratifikavo taisykles bei įsipareigojo jas įgyvendinti Lietuvos Respublikos Vyriausybės nutarime iki 2012 metų. Pagrindiniai uždaviniai – suderinti atitinkamus teisės aktus su Taisyklių reikalavimais, užtikrinti tinkamą pasirengimą ir reagavimą į ekstremalias visuomenės sveikatai situacijas, keliančias tarptautinį susirūpinimą, taip pat efektyviai ir laiku koordinuoti tokias situacijas, sustiprinti administracinius gebėjimus, kurių reikia reaguojant į ekstremalias visuomenės sveikatai situacijas, keliančias tarptautinį susirūpinimą. Teisinė bazė yra rengiama pakeičiant/priderinant jau egzistuojančias bei kuriant naujas teisės normas. Lietuvos Respublikos Vyriausybė įsipareigoja teisinę bazę galutinai parengti 2009 metais. / This work is an analysis of the International Health Regulations, discussing their history, basic principles and the impact of globalization in the contemporary period. International Health Regulations are an integral part, to prevent the international spread of infectious diseases internationally, impeding international trade and travel. To remain full–fledged partner in international space development in economic, social situation, the regulations must be implemented. Lithuania as the member of World Health Organization and European Union has ratified the regulations, and undertook implement by the resolution of the Goverment Republic of Lithuania until 2012. The main tasks of harmonizing the legislation with the regulations, are to ensure adequate preparedness and response to emergency public health situations which pose an international concern, as well as an efficient and timely coordination of such situations, to reinforce the administrative capacity needed to respond to emergency public health situations which pose an international concern. The legal framework is being prepared modyfing / adjusting existing and the developing new legal norms. The Government of the Republic of Lithuania commited to finalise legal framework in 2009.

English abstract The subject of my thesis is liability for loss caused to the environment. This is a fairly complex issue in the environmental law, which has developed significantly in recent years and decades, coming under the spotlight of the national, international, and European legislation. The principal aim of this thesis is to present and describe various legal instruments in the field of environmental law, particularly the legal regime of liability for loss caused to the environment in international, European, and national law. This thesis consists of nine chapters in which I analyze various modes of legal liability as a means of protecting the environment. The opening chapter of my work defines the term of legal liability in the field of environmental protection. Then I deal with tort liability in the environmental law, both criminal responsibility and liability for administrative misconducts. Next chapter of my work is devoted to liability for damage to the environment in international law. I focus primarily on the Lugano Convention on Civil Liability for damage resulting from activities dangerous to the environment, which has become an important source of inspiration for further development of a common regime of liability for damage to the environment in European countries. The fourth chapter...

The purpose of thesis is to independently describe and analyze various assumptions upon which arises the liability to damages according to regulation in OZ. The emphasis is being placed particularly on damage to health and associated claims, i.e. compensation for pain and social impairment. A substantial part is devoted to the method and amount of compensation, particularly with regard to the adoption of a new concept, which is to be indemnified loss in full accordance to the principles of decency, if case it cannot be determined otherwise. In addition, it was necessary to deal with other non-pecuniary injuries which include injuries caused by mental distress. The thesis is, besides introduction and conclusion (the first and fifth chapter), composed of three main chapters. The second chapter is devoted to the relationship between two seemingly independently existing phenomena of recent time, and those are law and sport. First, it defines the concept of sport through its characteristics, which is followed by the actual relationship between law and sport. Further, the thesis describes a problematic existence of the branch of Sports law. The third chapter reports on the institute of legal liability under the laws of the Czech Republic, first in general, then specifying the liability arising from...

The use of the Internet has grown substantially, especially since the late 1990s. Businesses are relying increasingly on the Internet and intranet as tools to promote productivity. Use of the Internet has several implications for institutions of higher education. Some of the issues institutions are faced with include legal liability for defamatory postings and sexually explicit materials, monitoring versus privacy, motivations to abuse Internet privileges, and use of the Internet to create a corporate culture. Institutions of higher education need to consider how the Internet is being used and how it should be used when acceptable use policies are being formulated. The purpose of this quantitative study was to gain an understanding of perceptions about acceptable use of the Internet by employees at work, attitudes about personal use of the Internet during working hours, and the knowledge and effectiveness of an acceptable use policy within the context of institutions of higher education. The data gathered could be used as a foundation for an effective, progressive acceptable use policy for higher education. The data for the research were gathered from December, 2005 through January of 2006. Six 4-year institutions were surveyed. The study revealed older employees responded that the use of the Internet at work as not acceptable, while younger employees, faculty members and respondents with more Internet experience or more hours of overtime indicated that personal use was acceptable. The study identified significant differences in self-reported use of the Internet, both at home and at work. Additionally, a general lack of knowledge existed regarding an institutional Internet acceptable use policy. The results of the study were applicable to the formulation of policy for institutions of higher education.

A major problem of mankind is the continuous degradation of the environment. In order to protect the environmental components, it was necessary for the competent authorities to adopt specific legal norms, which could sanction the possible behaviors of the people towards the environment. Legal liability for the environmental law was necessarily established, due to the national ecological situation increasingly affected by the consequences of industrialization and automation, by the irrational exploitation of natural resources. It is necessary to mention certain shortcomings related to the effectiveness of criminal and contraventional law regulations in ensuring the goals of protecting the environment. Thus, examining the new criminal and contraventional law regulations in the chapter Environmental Crimes and Contraventions (ecological), we note certain circumstances that characterize them positively, just same as we note certain circumstances that characterize them negatively. The article tackles the aspects concerning ecological balance, pollution and effects on environmental damage. and refers to the differences in criminal and contravention liability, trying to offer some solutions to the current ecological situation.

在美國，會計師界多主張受到不公平的法律對待，一直到現在，他們對於未偵測到的重大財務報表誤述，多需負起「連帶賠償」的責任，因此近二十年來會計師團體一直極力爭取更為寬鬆的「比例賠償」制度，終於在最近幾年得到逐步地改善；但另一方面，投資人則擔心「比例賠償」制度的實施，將會使得投資人在面臨被告經理人沒有能力償還賠償時，無法從被告會計師身上取得補償而降低對其之保護。有鑑於此項議題之爭議不斷，本研究欲藉由檢視會計師法律責任會如何影響經理人的舞弊行為以及會計師的查核努力，以釐清會計師法律責任對審計失敗的影響。 本研究修正Patterson and Wright (2003)的分析模型，進一步以經理人策略性選擇舞弊金額的情況加入賽局模型，探討在審計品質只受會計師查核努力與其同時受到會計師查核努力和經理人舞弊金額的兩種審計情境下，不同會計師法律賠償責任對於會計師最適查核努力和經理人舞弊金額選擇之影響。 □ 本研究發現，無論在何種審計情境下，若會計師被裁定應負擔法律賠償比率與其早先的查核努力水準間有相當程度之敏感性時，則在比例賠償制度下，會計師的查核努力水準將會大於連帶賠償制度下所投入的水準，如此將使得財務報表的查核品質提升，增加對投資人事前的保護。本研究之結果希冀能提供國內主管機關在制訂會計師法律賠償責任時的參考依據。 / In America, the audit profession contends legal practices treat auditors unfairly. Until recently, they have been held jointly and severally liable for undetected material misstatements and have had to pay their own legal fees whether or not they prevail in court. Hence, they have asked for proportionate liability regime in decades and have got some success. A primary concern about proportionate liability is its potential effects on stockholders. Opponents claim that proportionate liability would decrease investor protection when managers are bankrupt due to the reduction in compensatory payments from auditors. Until now, this controversy still exists. To understand how auditor’s legal liability affects audit failure, this study focuses on the impacts of auditor’s legal liability on management fraud and audit effort. Based on Patterson and Wright (2003) analytical model, this study investigates the effectiveness of proportionate liability in reducing the amount of management fraud and the audit failure rate relative to joint and several liability in two strategic audit settings: one that audit quality is affected by audit effort and one that audit quality is affected by both audit effort and the amount of management fraud. My results show that a proportionate liability rule with large marginal liability relief for audit quality can effectively decrease the amount of management fraud and the audit failure rate relative to joint and several liability in both strategic audit settings. This result would provide valuable reference in auditor’s legal liability determination for policy-makers and regulators.

The primary aim of this thesis is to summarize the legal framework relating to the legal responsibility of Information Service Providers (ISP). This field is regulated by the Directive 2000/31/EC ('Directive on electronic commerce') and the Czech Act No. 480/2004 Coll., on certain information society services. The secondary purpose of this thesis is to compare these two legal frameworks, consider the differences between them and identify their consequences. The legal definition of ISP is fully analyzed in this thesis however this basically means any provider of information society service, i.e service provided at a distance, by electronic means, at the individual request of a recipient of services and normally provided for remuneration. The thesis is composed of four chapters dealing with different issues. The first chapter is the short introduction into legal responsibility as a legal instrument. The main attention is given to the article 420 of the Act No. 40/1964 Coll. (Civil Code) and the changes which will be brought by the Act No. 89/2012 Coll., i.e. the "new" Civil Code effective from 1.1.2014. The second chapter deals with the first rulings concerning the ISP liability abroad (Godfrey v. Demon Internet, LICRA v. Yahoo, A&M Records v. Napster). In my point of view, these judgments are, even...

Le droit traite principalement l’abstention sous l’angle de la faute d’abstention, mais éprouve des difficultés à appréhender l’abstention du titulaire d’une prérogative qui nécessite une nouvelle approche. Refus temporaire, et non exprimé, de jouir immédiatement des effets de sa prérogative pour les retenir jusqu’au moment le plus opportun, l’abstention crée une situation équivoque. N’ayant ni la clarté d’un exercice actif, ni celle d’une renonciation, elle génère en effet imprévisibilité et insécurité juridique. Cette dernière est d’ailleurs exacerbée par les interprétations erronées dont l’abstention fait l’objet et par l’aggravation dans le temps des conséquences qui touchent celui qui la subit. Ainsi, à défaut de statut légalement défini de l’abstention, il est impératif de se saisir de la problématique d’imprévisibilité de l’abstention du titulaire d’une prérogative pour tenter de l’atténuer, tout en mettant en relief sa légitimité. L’encadrement du comportement de celui qui s’abstient dans le temps est la solution qui s’impose. Ainsi, à compter de la fin d’un délai raisonnable, laps de temps préservant sa liberté au sein du délai imparti, il doit respecter le standard de l’agent raisonnable. À défaut, sa responsabilité pourrait être engagée sans que cela n’exclue la responsabilisation de celui qui subit l’abstention. / French law is usually understanding the abstention as the abstention fault. However, the abstention of the holder of a prerogative can not be analyzed this way and requires a new juridical approach. Abstention creates an equivocal situation by being a refusal, silent and temporary, to immediately enjoy the effects of a prerogative in order to retain them until the most appropriate moment. By being unclear unlike an active exercise or a real renunciation, it generates indeed unpredictability and a lack of legal safety. This insecurity is, moreover, exacerbated by erroneous interpretations of abstention and by the aggravation of the consequences affecting the one who suffers from it with the passing time. As a result, due to the absence of a legal status of abstention, it is imperative to take up the unpredictability problem of the abstention of the holder of a prerogative in order to attempt to mitigate it, while highlighting its legitimacy. The appearing necessary solution finds its way in the regulation of the behavior of the one abstaining in time. Consequently, from the end of a reasonable period, preserving his liberty within the time limit, he has to respect the standard of a reasonable agent. Failing that, his liability could be incurred. This would not exclude the accountability of the person who suffers from abstention.

School rugby is one of the most popular sports within numerous South-African public schools. Each year competition gets tougher as a result of the increase in tournaments during school holidays and the nationwide promotion of interschool tournaments. Educators as coaches of school teams carry the responsibility to not only pursue competitiveness, but also care for the safety of the school rugby players. Between 2001 and 2010, 13 of 36 players that obtained spinal related injuries ended up as quadriplegic, according to data from the Chris Burger/Petro Jackson Players’ Fund. Statistics show that serious rugby related injuries amongst school rugby players have increased, thus compromising the safety of the rugby player. These statistics add to the central theme of this study, namely educator security. Educator-coaches’ security is greatly influenced by the safety of the school rugby player. The South African Rugby Union (SARU) proceeded to follow the example of other rugby playing countries by implementing a rugby safety program. BOKSMART was launched in 2009 in conjunction with the Chris Burger/Petro Jackson Players Fund. The rugby safety program is implemented for coaches to guide them with the latest methods regarding skills and techniques for the enhancement of safer rugby. During this study similar rugby programs will be analysed and discussed to determine the effect these programs has on educator-coach safety. To understand the effect more clearly, delictual liability is discussed which is connected to an introduction of the South African legal system. The Constitution of the Republic of South Africa, education legislation and other legislation with regards to the security of the educator-coaches’ and the safety of the school rugby player is discussed. A discussion regarding the application of the law of delict is also included. During the empirical research a qualitative research method is used to determine and interpret the perceptions of educator-coaches regarding their security. If an educator- coach is confronted with legal actions, it can have a negative effect on his worklife and career. Focus is placed on educator-coaches of high school teams, while principals and sport organisers also gave their input on the subject. Findings are presented based on an analysis of the data gathered. Two important findings stood out, namely that all educator-coaches are not well acquainted with the legal aspects regarding player safety and educator-coach’s security and secondly, that there is a need to gain more knowledge regarding delictual liability, as applied to rugby coaching. / Thesis (MEd (Education Law))--North-West University, Potchefstroom Campus, 2013.