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Books > Law > Laws of other jurisdictions & general law > Social law > General
Specifically designed to address the needs of all specialists involved in the care of chronic pain patients, this source clarifies the ethical and legal issues associated with the diagnosis, assessment, and care of patients suffering from long-term pain. Divided into five comprehensive sections, this source covers a variety of topics to help the chronic pain clinician gain perspective on the interaction between ethics, the law, and the provision of medical services.
A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legaldoctrinal approaches with comparative, interdisciplinary, and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and sociopolitical debate in the fastevolving field of international corporate social responsibility and accountability.
Persons with disabilities report high levels of harassment worldwide, often based on intersectional characteristics such as race, gender and age. However, while #MeToo and #BlackLivesMatter have highlighted ongoing experiences of sexual and racial harassment, disability harassment has received little attention. This book focuses on legal measures to combat disability harassment at work. It sets disability harassment in its international context, including its human rights framework, and confronts the lack of empirical information by evaluating the Irish legal framework in practice. It explores the capacity of the law to address intersectional harassment, particularly that faced by women with disabilities, and outlines the barriers to effective legal solutions.
Current estimates indicate that approximately 2.2 million people are incarcerated in federal, state, and local correctional facilities across the United States. There are another 5 million under community correctional supervision. Many of these individuals fall into the classification of special needs or special populations (e.g., women, juveniles, substance abusers, mentally ill, aging, chronically or terminally ill offenders). Medical care and treatment costs represent the largest portion of correctional budgets, and estimates suggest that these costs will continue to rise. In the community, probation and parole officers are responsible for helping special needs offenders find appropriate treatment resources. Therefore, it is important to understand the needs of these special populations and how to effectively care for and address their individual concerns. The Routledge Handbook of Offenders with Special Needs is an in-depth examination of offenders with special needs, such as those who are learning-challenged, developmentally disabled, and mentally ill, as well as substance abusers, sex offenders, women, juveniles, and chronically and terminally ill offenders. Areas that previously have been unexamined (or examined in a limited way) are explored. For example, this text carefully examines the treatment of gay, lesbian, bisexual, and transgender offenders, and racial and gender disparities in health care delivery, as well as pregnancy and parenthood behind bars, homelessness, and the incarceration of veterans and immigrants. In addition, the book presents legal and management issues related to the treatment and rehabilitation of special populations in prisons/jails and the community, including police-citizen interactions, diversion through specialty courts, obstacles and challenges related to reentry and reintegration, and the need for the development and implementation of evidence-based criminal justice policies and practices. This is a key collection for students taking courses in prisons, penology, criminal justice, criminology, and related areas of study, and an essential resource for academics and practitioners working with offenders with special needs.
In this first legal analysis of Title IX, Deborah L. Brake assesses the statute's successes and failures, using a feminist theory lens to understand, defend, and critique the law. While the statute has created tremendous gains for female athletes, not only raising the visibility and cultural acceptance of women in sports, but also creating social bonds for women, positive body images, and leadership roles, the disparities in funding between men's and women's sports have remained remarkably resilient. At the same time, female athletes continue to receive less prestige and support than their male counterparts, which in turn filters into the arena of professional sports. Brake provides a richer understanding and appreciation of what Title IX has accomplished, while taking a critical look at the places where the law has fallen short. A unique contribution to the literature on Title IX, Getting in the Game fully explores the theory, policy choices, and successes and limitations of this historic law.
Fraudulent, harmful, or at best useless pharmaceutical and therapeutic approaches developed outside science-based medicine have boomed in recent years, especially due to the commercialisation of cyberspace. The latter has played a fundamental role in the rise of false 'health experts', and in the creation of filter bubbles and echo chambers that have contributed to the formation of highly polarised debates on non-science-based health practices-online as well as offline. By adopting a multidisciplinary approach, this edited book brings together contributions of international academics and practitioners from criminology, digital sociology, health psychology, medicine, law, physics, and journalism, where they critically analyse different types of non-science-based health approaches. With this volume, we aim to reconcile different scientific understandings of these practices, synthesising a variety of empirical, theoretical and interpretative approaches, and exploring the challenges, implications and potential remedies to the spread of dangerous and misleading health information. This edited book will offer some food for thought not only to students and academics in the social sciences, health psychology and medicine among other disciplines, but also to medical practitioners, science journalists, debunkers, policy makers and the general public, as they might all benefit from a greater awareness and critical knowledge of the harms caused by non-scientific health practices.
This book addresses the conceptual and evidentiary issues relating to the treatment of propaganda in international criminal law. Bringing together an interdisciplinary range of scholars, researchers and legal practitioners from Africa, Australia, Europe and the United States, the book provides an in-depth analysis of the nature, position and role of the concept of propaganda in mass atrocity crimes trials. A sequel to the earlier Propaganda, War Crimes Trials and International Law: From Speakers' Corner to War Crimes (Routledge, 2011) this book is the first to synthesize the knowledge, procedures and methods of international criminal law with the social cognitive sciences. Including a comprehensive overview of the most relevant case law, jurisprudence and scientific studies, the book also offers a series of practical insights and strategies for both academics and legal professionals. An invaluable resource for those working in the area of international criminal law, this book will also be of interest to academics, practitioners and students with relevant interests in legal theory, politics, linguistics and psychology.
Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual's human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.
The Educational Lockout of African Americans in Prince Edward County, Virginia (1959-1964): Personal Accounts and Reflections provides ground-breaking research on the historical events surrounding the Prince Edward County's school closings. For five years (1959-1964), the families of 1,700 African American students were forced to cope with the absence of public schooling in the county. Their efforts led to the case Davis v. the County School Board of Prince Edward County, which was one of the cases that were consolidated with Brown v. Board of Education of Topeka, Kansas. The book offers the reader two exciting sections. In the first section, the contributing authors provide interesting findings on Grassroots schools, the Kennedy administration, and an African American movement during the Prince Edward County school closings. In the second section, the authors provide the reader with personal reflections and a lecture from four professors whose parents were affected by the Prince Edward County lockout. Three of the four professors were graduates of the Prince Edward County school system.
Children who come into conflict with the law are more likely to have experienced violence or adversity than their non-offending peers. Exacerbating the deleterious effects of this childhood trauma, children's contact with the criminal justice system poses undue risks of physical, sexual, and psychological violence. This book examines the specific forms of violence that children experience through their contact with the criminal justice system. Comprising contributions from leading scholars and practitioners in children's rights and youth justice, this book profiles evidence-based prevention strategies and case studies from around the world. It illustrates the diversity of contexts in which various forms of violence against children unfold and advances knowledge about both the nature and extent of violence against children in criminal justice settings, and the specific situational factors that contribute to, or inhibit, the successful implementation of violence prevention strategies. It demonstrates that specialised child justice systems, in which children's rights are upheld, are crucial in preventing the violence inherent to conventional criminal justice regimes. Written in a clear and accessible style, this book will be of interest to students and researchers engaged in studies of criminology and criminal justice, youth justice, victimology, crime prevention, and children's rights.
Modern international criminal law typically traces its origins to the twentieth-century Nuremberg and Tokyo trials, excluding the slave trade and abolition. Yet, as this book shows, the slave trade and abolition resound in international criminal law in multiple ways. Its central focus lies in a close examination of the often-controversial litigation, in the first part of the nineteenth century, arising from British efforts to capture slave ships, much of it before Mixed Commissions. With archival-based research into this litigation, it explores the legal construction of so-called 'recaptives' (slaves found on board captured slave ships). The book argues that, notwithstanding its promise of freedom, the law actually constructed recaptives restrictively. In particular, it focused on questions of intervention rather than recaptives' rights. At the same time it shows how a critical reading of the archive reveals that recaptives contributed to litigation in important, but hitherto largely unrecognized, ways. The book is, however, not simply a contribution to the history of international law. Efforts to deliver justice through international criminal law continue to face considerable challenges and raise testing questions about the construction - and alternative construction - of victims. By inscribing the recaptive in international criminal legal history, the book offers an original contribution to these contentious issues and a reflection on critical international criminal legal history writing and its accompanying methodological and political choices.
The Routledge Handbook on Victims' Issues in Criminal Justice is a comprehensive and authoritative handbook on current issues, with a distinctive emphasis on the delivery of suitable and effective services. The editor provides an introduction and conclusion to the handbook, synthesizing original contributions from current leaders in the field, surveying victims' rights in the United States, victim participation in the criminal justice system, victims' welfare and needs, and most notably the services that have been developed in response. A section on special populations in the United States brings focus to current and emerging issues faced within the country, while a section covering international and transnational victimization explores globalization and the implications of other legal traditions and systems. This handbook addresses the crucial and complex topic of victims' issues, examining both societal and governmental reactions to victims' concerns and acquainting readers with the issues that discord may cause, and how they affect the provision of services. This book will serve as an essential reference for academics and practitioners working with crime victims, as well as for students taking courses in victimology, criminology, sociology, and related subjects.
This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).
Written opinions are the primary means by which judges communicate with external actors. These sentiments include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. In Creating the Law, Michael K. Romano and Todd A. Curry examine the extent to which judges tailor their language in order to avoid retribution during their retention, and how institutional variations involving intra-chamber dynamics may influence the written word of a legal opinion. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995-2010, Romano and Curry are the first to examine the connection between retention incentives and language choices. They utilize text analysis techniques developed in the field of communications and apply them to the text of judicial decisions. In doing so, they find that judges write with their audience in mind, and emphasize duelling strategies of justification and persuasion in order to please diverse audiences that may be paying attention. Furthermore, the process of drafting a majority opinion is a team exercise, and when more individuals are involved in its crafting, the product will reflect this complexity. This book gives students the tools for understanding how institutional variation affects judicial outcomes and shows how language relates to decision-making in the judiciary more specifically.
Each of the four volumes in this set, as well as each volume independently, provide comparative analyses for researches, practitioners, and students of the law and education In examining law and education in various countries around the world. Designed to allow readers to learn from, rather than copy, the legal and educational systems in these volumes, the books are designed to generate thought and conversation on how education can be improved around the world. By having chapter authors, leading academicians in the home countries, follow the same template so it can be easier to compare similarities and differences, thereby helping to make the book user friendly. The value of these books is that they should help to enhance international awareness of the similarities and advantages associated with bringing together knowledge from various countries concerning education law. Volume 2, encompassing Selected Nations in Asia, namely China, Israel, Palestine, South Korea, and Turkey, consists of detailed analysis of educational law and systems in these representative countries so researchers and students there and elsewhere can learn from one another.
This book examines central aspects of the new technologies and the legal questions raised by them from both an international and an inter-disciplinary perspective. The technology revolution and the global networking of IT systems pose enormous challenges for the law. Current areas of discussion relate to autonomous systems, big data and issues surrounding legal tech. Ensuring data protection and IT security as well as the creation of a legal framework for the new technology as a whole can only be achieved through international and inter-disciplinary co-operation. The team of authors is made up of experienced, internationally renowned experts as well as young researchers and professionals who give valuable insights from numerous different jurisdictions. This book is written for jurists and those responsible for technology in public authorities and companies as well as practising lawyers and researchers.
Advances in the field of Assisted Reproductive Technology (ART) have been revolutionary. This book focuses on the use of ARTs in the context of families who seek to conceive a matching sibling donor as a source of tissue to treat an existing sick child. Such children have been referred to as 'saviour siblings'. Considering the legal and regulatory frameworks that impact on the accessibility of this technology in Australia and the UK, the work analyses the ethical and moral issues that arise from the use of the technology for this specific purpose. The author claims the only justification for limiting a family's reproductive liberty in this context is where the exercise of reproductive decision-making results in harm to others. It is argued that the harm principle is the underlying feature of legislative action in Western democratic society, and as such, this principle provides the grounds upon which a strong and persuasive argument is made for a less-restrictive regulatory approach in the context of 'saviour siblings'. The book will be of great relevance and interest to academics, researchers, practitioners and policy makers in the fields of law, ethics, philosophy, science and medicine.
Pensions and retirement saving plans have helped millions of households build financial security. But tens of millions of people have been left behind, without access to these wealth accumulation vehicles. For many others, the plans they have do not ensure financial security in retirement.The problems that underlie these failures can be addressed. This book proposes concrete, practical ways to make dependable retirement income accessible for all Americans not just those with means. Individual accounts have eclipsed traditional pensions as the primary vehicle for retirement saving in the United States a shift that underlies many sources of retirement insecurity. The 401(k) plan and similar accounts have increased financial security for many people but have done nothing for millions more. Many of those who do have such plans are burdened with the need to make numerous saving, investment, and withdrawal decisions that stress their financial acumen. Financial advice that is unbiased, unconflicted, and affordable is often difficult to find. Managing wealth in retirement especially the need to convert retirement savings into steady income poses significant challenges that current financial instruments and practices do not adequately address. Economic downturns like the Great Recession and the COVID-19 pandemic increase financial insecurity and make addressing these issues more urgent. Written by noted experts in the field, Wealth After Work offers practical solutions that address these concerns. The proposals show how policymakers can help all Americans gain access to retirement savings accounts, obtain better information about their savings choices, and better manage their wealth in retirement. By proposing solutions that build on, rather than replace the existing system, the book provides a nuanced, practical guide to reform that would benefit all Americans.
This second edition of Legal and Ethical Dictionary for Mental Health Professionals confronts the problems arising from a lack of clear understanding of mental health laws or terminologies. Case law continues to show that mental health professionals (MHPS) lose cases because they base their professional actions on incorrect definitions or misunderstandings of legal and ethical terms. Some have been professionally sanctioned or had their licenses revoked as a result of making professional decisions or actions based upon improper understanding of confusing language. This dictionary provides MHPS with clear and concise definitions of legal and ethical terminologies. To enhance the professional's understanding, a professional significance section has been added after the definitions to further comprehension of practical dimensions of the words and to aid in legal and ethical decision-making.
The concept of 'organised crime' is constructed and mobilised by a milieu of complex factors and discourses including a politics of law and order, and international insecurity, combined with the vested interests and priorities of scholars, politicians, government officials, and policing authorities. This book challenges existing assumptions and accepted understandings of organised crime, and explores the ways in which it is amplified and reconstructed for political purposes. This book critiques how the constitution of the 'organised crime problem' in academic and political discourse provides the conditions necessary for the development of an extensive and international architecture of law, policing, surveillance and intelligence. It examines emerging challenges and future directions including the impact of technology on new problems, and for transnational policing, such as the ease with which the Internet enables crime to be committed across borders, and for electronic communications to be protected with strong encryption hampering interception. No other text presents an integrated and comprehensive study of both the politicisation and policing of organised crime, while questioning the outcomes for society at large. Drawing on international fieldwork and interviews with senior national and supranational policing personnel, this book compares and contrasts various narratives on organised crime. It will be of interest to students and researchers engaged in studies of criminology, criminal justice, organised crime, policing, and law.
This book presents an ethnography of dispute processing by non-state forums and actors in rural India. As such it sheds light on a much neglected and contested topic. Arising in the context of recent legal and political debates that question the legitimacy of non-state actors engaged in dispute processing, the book explores the nature, form, and functioning of such forums and actors in two locations in rural India. Focusing on a fishermen's community belonging to the caste of Hindu Machimar Kolis in coastal Maharashtra and an agrarian community in Uttarakhand with members from the Pandit, Thakur, Bhotia, and Harijan caste groups, this study shows the manner in which non-state forums and actors engage with state law and its regulatory systems.
This is the first book published that focuses on competition law and policy in the Japanese pharmaceutical sector. It consists of chapters written and edited by academics who research the industry from various perspectives, including economics, competition law, pharmaceutical regulations, and intellectual property law. Competition policies involving pharmaceutical products attract attention from academics and policymakers worldwide. The pharmaceutical industry is regulated by drug laws that vary from country to country and are affected by differing practices and industrial structures. The book begins by examining drug regulations and trade practices in the industry that are peculiar to Japan and its healthcare system. It then presents the Japanese Antimonopoly Act and cases involving it, and discussions of current competition law issues in the Japanese pharmaceutical industry. The book also discusses innovation and intellectual property and economic analyses of pharmaceutical regulations and drug discovery. The chapters include comparative studies on Japanese regulations vs. those in the European Union and the United States. Japan is one of the biggest pharmaceutical markets in the world. With this in mind, the book provides "one-stop shopping" for anyone interested in pharmaceutical regulations in the country. Covering the basics but extending to in-depth explorations of complex problems, this book appeals not only to students and academics, pharmaceutical companies and regulators, but also to those dealing with real-world policy issues that encompass competition policy, intellectual property, and pharmaceutical regulation. Chapter 11 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com
David Downes' early work on delinquency in East London made an original contribution to the comparative study of anomie and subcultural theory, and social policy on education and employment. His research and writing went on to include the study of gambling, drugs policy and the state of criminological theory. His later work broke new ground in detailed, cross-national, comparative analysis of criminal justice and penal policy, in particular in relation to England and the Netherlands. A related endeavour was to contribute (with Rod Morgan) to the burgeoning study of the politics of crime control. He was a founding member of the National Deviancy Conference in 1968 and of the Mannheim Centre for Criminology and Criminal Justice at the LSE in 1989. He edited the British Journal of Criminology from 1985 until 1990. His most recent work (with Tim Newburn and Paul Rock) has been on the official history of criminal justice policy in England and Wales 1960-1997.
This book aims to augment the Ashgate series by taking stock of the current state of migration law literature. It also aims to sketch out the contours of its future long-term development, in what is now by all accounts a vastly expanded research agenda.
This book explores the intersecting issues relating the phenomenon of ageing to gender and family law. The latter has tended to focus mainly on family life in young and middle age; and, indeed, the issues of childhood and parenting are key in many family law texts. Family life for older members has, then, been largely neglected; addressing this neglect, the current volume explores how the issues which might be important for younger people are not necessarily the same as those for older people. The significance of family, the nature of family life, and the understanding of self in terms of one's relationships, tend to change over the life course. For example, the state may play an increasing role in the lives of older people - as access to services, involvement in work and the community, the ability to live independently, and to form or maintain caring relationships, are all impacted by law and policy. This collection therefore challenges the standard models of family life and family law that have been developed within a child/parent-centred paradigm, and which may require rethinking in the turn to family life in old age. Interdisciplinary in its scope and orientation, this book will appeal not just to academic family lawyers and students interested in issues around family law, ageing, gender, and care; but also to sociologists and ethicists working in these areas. |
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