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.

This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.

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 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.

First published in 1976, this book studies the impact of a uniquely unpopular tax on English rural communities. It examines the tithe system during a period when it was subject to mounting attack from political economists, agricultural improvers and radicals alike. Professor Evans has made extensive use of ecclesiastical and estate records to explain why the tithe issue became so unpopular at this time. He also studies in detail the work of the tithe commission, offering new evidence on the important question of how much the tithe system hindered agricultural improvement. This was in a period of considerable strain for the old village community, when tithe disputes significantly added to existing tensions and, particularly in the south of England, helped bring relations to crisis point.

This collection spans two decades of cutting-edge thinking on globalization and crime. The selected articles confront criminological with interdisciplinary perspectives from sociology, political science and economics, and demonstrate how globalization has changed manifestations of crime and decisively re-shaped the criminological imagination as well as criminology's theories, concepts and methodologies. The specially written introduction provides an innovative framework for insights into the manifestations of globalising crime, such as urban development in Mumbai, human rights talk of Brazilian gangs, gemstone mining in Madagascar, and the 'crimes of exclusion' in the US and Darfur. This volume is ideal for both lecturers and students as it brings together influential foundational writings with in-depth studies from the best authors in the field and from all parts of the world.

We are in the midst of a full-scale attack on our nation's commitment to public education. From funding, to vouchers, to charter schools, public education policy has become a political football, rather than a means of fulfilling the most basic obligation of government to its citizens. As Derek W. Black vividly illustrates, this assault threatens not just public education, but democracy itself. Black offers both an illuminating history of our nation's establishment of a constitutional right to education, and a trenchant analysis of how such a right is being undermined today. He looks at education history with a wide view, describing both periods when our democracy has been strengthened-when the commitment to public education has been strongest-and weakened, when such a commitment has been lacking. And today, such a commitment is sorely lacking. Schoolhouse Burning shows what is at stake: not just the right to public education as guaranteed by the constitution, but an erosion of democratic norms.

Privacy, in human history, is a relatively recent concept. Nobody had much privacy in the Middle Ages. Even kings and queens lacked privacy: it was an age when crowds watched a queen give birth, and the king received visitors while on the chamber pot. Technology and concepts of privacy grew up together-as both friends and enemies. For example, the late 19th century invention of the candid camera made it possible, for the first time, to take someone's picture without that person's consent. This fact was in the background of the classic article by Warren and Brandeis that launched the right of privacy. Today, we have smart phones with cameras, selfies, the Internet, surveillance cameras, and tools that can look through walls, smell through walls, see through walls. Dangers to privacy have multiplied enormously, and we have only just begin figuring how to handle the change. This book is timely as our basic understandings of privacy are challenged by modern technology, changing social mores, and evolving legal understandings that both reflect and reinforce underlying changes in society. It is likely to be of interest to graduate and undergraduate students, scholars, and potentially other professionals with an interest in law and social norms.

The International Handbook of Art Therapy in Palliative and Bereavement Care offers a multicultural and international perspective on how art therapy can be of help to individuals, groups, families, communities, and nations facing death and dying as well as grief and loss. Over 50 art therapists from around the world write about the transforming power of art therapy in the lives of those facing terminal illness, dementia, loss, and grief. They offer practical descriptions and techniques for working with adults and children to guide professionals, including those new to using art therapy and creative approaches in end-of-life care services. This international handbook is essential reading for arts therapists, social workers, medical personnel, faith leaders, and psychologists interested in a collaborative and accessible approach to working with patients and families affected by loss.

Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.

How can medical law and ethics take forward the issue of children's empowerment and protection? What are the key factors in considering the balance between protecting the welfare of the young and allowing them rights to autonomy? The Child as Vulnerable Patient investigates the role that a human rights approach can play in establishing the parameters of autonomy and discusses the opportunities presented in the Human Rights Act, the European Convention on the Rights of the Child and new policy initiatives in the NHS. A valuable addition to existing literature in this area, this volume will be of interest to lawyers, health professionals and students of medical law.

This volume examines general driving offences, concentrating on those which punish risk-taking whilst driving, with the primary goal of increasing road safety. The focus is particularly on careless driving, dangerous driving, drink-driving and speeding, with a comparative approach incorporated into the discussion. Drawing on legal and psychological research, the book explains the legal definition of offences, discussing the policy behind the offences and examines how the law is applied in practice. It concludes with consideration of how the law in this area might be reformed - informed by the preceding discussion. This title will be a valuable resource tool for students, academics and practitioners working in the area of road safety.

If catastrophes are, by definition, exceptional events of such magnitude that worlds and lives are dramatically overturned, the question of timing would pose a seemingly straightforward, if not redundant question. The Time of Catastrophe demonstrates the analytic productiveness of this question, arguing that there is much to be gained by interrogating the temporal conceits of conventional understandings of catastrophe and the catastrophic. Bringing together a distinguished, interdisciplinary group of scholars, the book develops a critical language for examining 'catastrophic time', recognizing the central importance of, and offering a set of frameworks for, examining the alluring and elusive qualities of catastrophe. Framed around the ideas of Agamben, Kant and Benjamin, and drawing on philosophy, history, law, political science, anthropology and the arts, this volume seeks to demonstrate how the question of 'catastrophic time' is in fact a question about something much more than the frequency of disasters in our so-called 'Age of Catastrophe'.

Now in its second edition, Cybercrime: Key Issues and Debates provides a valuable overview of this fast-paced and growing area of law. As technology develops and internet-enabled devices become ever more prevalent, new opportunities exist for that technology to be exploited by criminals. One result of this is that cybercrime is increasingly recognised as a distinct branch of criminal law. The book offers readers a thematic and critical overview of cybercrime, introducing the key principles and clearly showing the connections between topics as well as highlighting areas subject to debate. Written with an emphasis on the law in the UK but considering in detail the Council of Europe's important Convention on Cybercrime, this text also covers the jurisdictional aspects of cybercrime in international law. Themes discussed include crimes against computers, property, offensive content, and offences against the person, and, new to this edition, cybercrime investigation. Clear, concise and critical, this book is designed for students studying cybercrime for the first time, enabling them to get to grips with an area of rapid change.