Journalism and the Debate Over Privacy situates the discussion of issues of privacy in the landscape of professional journalism. Privacy problems present the widest gap between what journalism ethics suggest and what the law allows. This edited volume examines these problems in the context of both free expression theory and newsroom practice. Including essays by some of the country's foremost First Amendment scholars, the volume starts off in Part I with an examination of privacy in theoretical terms, intended to start the reader thinking broadly about conceptual problems in discussions about journalism and privacy. Part II builds on the theoretical underpinnings and looks at privacy problems as they are experienced by working journalists. This volume features discussion of: *privacy as a socially-constructed right--a moving target that changes with technology, social norms, national experience, and journalistic practice; *privacy as both a property and a commercial right; *privacy in terms of journalism ethics and journalistic codes; *privacy as an attribute of press independence from government; and *Bartnicki v. Vopper and its implications for journalism. With this volume, editor Craig L. LaMay provides a concise, intellectually provocative overview of a topic that is of growing importance to journalists, both legally and ethically. The work is intended for scholars and advanced students in communication law, ethics, and First Amendment rights, and is also appropriate for First Amendment and media law classes in law schools.

The book pays interest to a small and almost untouched topic: a health practitioner' s duty to inform about alternatives. It covers both orthodox medicine practitioners and CAM practitioners. The topic is explored in a co mparative way, examining the laws of not only common law jurisdictions, such as the USA, England, Canada, Australia, New Zealand, but also two East Asia jurisdictions ( China and Japan ) . It uses the collective wisdom of several common law jurisdictions, but also differentiates them. It places the issue of "disclosure of alternatives" in a clear and wider context, making a cogent distinction between diagnosis/treatment and information disclosure.

Technologies like CRISPR and gene drives are ushering in a new era of genetic engineering, wherein the technical means to modify DNA are cheaper, faster, more accurate, more widely accessible, and with more far-reaching effects than ever before. These cutting-edge technologies raise legal, ethical, cultural, and ecological questions that are so broad and consequential for both human and other-than-human life that they can be difficult to grasp. What is clear, however, is that the power to directly alter not just a singular form of life but also the genetics of entire species and thus the composition of ecosystems is currently both inadequately regulated and undertheorized. In Gene Editing, Law, and the Environment, distinguished scholars from law, the life sciences, philosophy, environmental studies, science and technology studies, animal health, and religious studies examine what is at stake with these new biotechnologies for life and law, both human and beyond.

The book profiles some of the macro and micro factors that have impact on European religious literacy. It seeks to understand religious illiteracy and its effects on the social and political milieu through the framing of the historical, institutional, religious, social, juridical and educational conditions within which it arises. Divided into four parts, in the first one, One literacy, more literacies?, the book defines the basic concepts underpinning the question of religious illiteracy in Europe. Part II, Understanding illiteracies, debating disciplines?, highlights the theological, philosophical, historical and political roots of the phenomenon, looking at the main nodes that are both the reasons religious illiteracy is widespread and the starting points for literacy strategies. Part III, Building literacy, shaping alphabets, examines the mix of knowledge and competences acquired about religion and from religion at school as well as through the media, with a critical perspective on what could be done both in the schools and for the improvement of journalists' religious literacy. Part IV, Views and experiences, presents the reader with the opportunity to learn from three different case studies: religious literacy in the media, religious illiteracy and European Islam, and a Jewish approach to religious literacy. Building on existing literature, the volume takes a scientific approach which is enriched by interdisciplinary and transnational perspectives, and deep entrenchment in historical methodology.

Justice in domestic courts is one of the most prominent aims of victims seeking to obtain accountability for human rights violations. It is, however, also one of the most difficult to achieve. In many Latin American countries, as well as elsewhere, activists have put human rights prosecutions forward as a fundamental means to end impunity, build democracy, strengthen the rule of law and address victims' rights. But there is still little knowledge about what actually happens when these judicial mechanisms are effectively put to work. Can prosecutions of mass human rights violations contribute to overcome the effects of state violence and impunity? Can trials enable meaningful reparative changes for victims in their local contexts? Analysing the human rights trials in Argentina established to prosecute those responsible for human rights violations during the military dictatorship, this book addresses how and why domestic prosecutions can operate as a means for reparation and contribute to dealing with the damage caused by crimes against humanity. Based on a series of interviews conducted with victims participating in these prosecutions, as well as with lawyers, prosecutors, judges and other relevant actors in five provinces of Argentina, this book will be of considerable interest to those studying and working in the interdisciplinary field of transitional justice and human rights. The PhD thesis on which this book was based was awarded with the 2016 Doctoral Studies Award of the Philipps University of Marburg in Germany.

Palliative Care Within Mental Health: Ethical Practice explores the comprehensive concerns and dilemmas that occur surrounding people experiencing mental health problems and disorders. Working beyond narrow, stereotypical definitions of palliative care as restricted to terminal cancer patients, this balanced and thought-provoking volume examines the many interrelated issues that face the individual, families, and caregivers, setting the groundwork for improved, ethical relationships and interventions. Chapters by experts and experienced practitioners detail the challenges, concerns, and best practices for ethical care and responses in a variety of individual and treatment contexts. This is an essential and thoughtful new resource for all those involved in the fast-developing field of palliative mental health.

In the struggle to ensure that schools receive their fair share of financial and educational resources, reformers translate policy goals into legal claims in a number of different ways. This enlightening new work uncovers the options reformers have in framing legal challenges and how the choices they make affect politics and policy beyond the courtroom.
Focusing on two of the most controversial and far-reaching court decisions in the nation in school finance and education reform, "Framing Equal Opportunity" follows lawyers and activists in New Jersey and Kentucky as they negotiate the complicated political terrain of educational change in their respective states. Unlike other books on law and reform, this work emphasizes the importance of legal translation--the process through which reformers transform their visions and goals into plausible legal claims. As it reveals, the kinds of arguments lawyers choose to make matter not only to their success in the courtroom, but also to the nature of the political fights they face in the community at large.

This book explores the theoretical contribution of Michel Foucault to the fields of criminology, law, justice and penology. It surveys both the ways in which the work of Foucault has been applied in criminology, but also how his work can be used to understand and explain contemporary issues and policies. Moreover, this book seeks to dispel some of the common misconceptions about the relevance of Foucault's work to criminology and law. Mariana Valverde clearly explains the insights that Foucault's rich body of work provides about different practices found in the fields of law, security, justice, and punishment; and how these insights have been used or could be used to understand and explain issues and policies that Foucault himself did not write about, including those that had not yet emerged during his lifetime. Drawing on key texts by Foucault such as Discipline and Punish, and also lectures he gave at the College de France and Louvain Criminology Institute which offer a more nuanced account of the development of criminal justice, Mariana Valverde offers the essential text on Foucault and his contribution and continued relevance to criminology. This book will be important reading for students and scholars of criminology, law, sociolegal studies, security studies, political theory and sociological theory.

On the 11th of March 2011, an earthquake registering 9.0 on the Richter scale (the most powerful to ever strike Japan) hit the Tohoku region in northern Japan. The earthquake produced a devastating tsunami that wiped out coastal cities and towns, leaving 18,561 people dead or registered as missing. Due to the disaster, the capability of the Fukushima Nuclear Power Plant, operated by Tokyo Electric Power Company (TEPCO), was compromised, causing nuclear meltdown. The hydrogen blast destroyed the facilities, resulting in a spread of radioactive materials, and, subsequently, serious nuclear contamination. This combined event - earthquake, tsunami, and nuclear meltdown - became known as the Great East Japan Earthquake Disaster. This book examines the response of the Japanese government to the disaster, and its attempts to answer the legal questions posed by the combination of earthquake, tsunami, and nuclear meltdown. Japanese law, policy, and infrastructure were insufficiently prepared for these disasters, and the country's weaknesses were brutally exposed. This book analyses these failings, and discusses what Japan, and other countries, can learn from these events.

Do you own your body? Advances in science and the development of genetic databases have added an aura of modern controversy to this long-standing and, as yet, unresolved problem. In particular, English law governing separated human tissue (including body parts and cell-lines) is unsatisfactory. Despite the enactment of the Human Tissue Act 2004 UK, it remains uncertain what property rights living persons can claim over their separated human tissue. The development of clear legal principles is necessary so that individuals can have effective control over human tissue separated from their bodies whilst also enabling the efficient use of such materials in medical research. Part I of Law and the Human Body traces the evolution of English, Australian, United States and Canadian law in relation to human tissue separated from living persons and dead bodies. This includes a comprehensive examination of the Human Tissue Act 2004 UK as well as prominent judicial decisions, including Re Organ Retention Group Litigation 2005] QB 506, Colavito v New York Organ Donor Network Inc 8 NY 3d 43 (NY CA 2006) and Washington University v Catalona 437 F Supp 2d 985 (USDC Ed Mo 2006). Analysis demonstrates that, although property rights and non-proprietary interests in separated human tissue are recognized in limited circumstances, no principled basis has been accepted either at common law or by statue for the recognition of these rights and interests. Part II of this book therefore develops and defends a principled basis in English law for the creation and legal recognition of property rights and non-proprietary interests in separated human tissue. Significantly, the analysis and principles presented in Law and the Human Body have application across common law and civil law jurisdictions worldwide.

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

Photographers and publishers of photographs enjoy a wide range of legal rights including freedom of expression and of publication. They have a right to create and publish photographs. They may invoke their intellectual, moral and property rights to protect and enforce their rights in their created and/or published works. These rights are not absolute. This book analyses the various legal restrictions and prohibitions, which may affect these rights. Photography and the Law investigates the legal limitations faced by professional and amateur photographers and photograph publishers under Irish, UK and EU Law. Through an in-depth discussion of the personal rights of the public, including the right not to be harassed, the book gives a clear analysis of the current legal standpoint on the relationship between privacy and freedom of expression. Additionally, the book looks at the reconciliation of photographers' rights with the state's interest in public security and defence, alongside the enforcement of ethical and moral codes. Comparative legal standing in the European Union is used as a springboard to further analyse Irish and UK statutes and case law, including recent reforms and current proposals for future change. The book ends with pertinent suggestions of the necessary reforms and enactments required to rebalance the relationship between the personal rights of individuals, the state's duties and the protection of photographers' and photograph publishers' rights. By clearly explaining the theoretical and conceptual reasoning behind the current law, alongside proposed reforms, the book will be a useful tool for any student or academic interested in photography law, privacy and media law, alongside professional and amateur photographers and photograph publishers.

Accusing someone of committing a crime arrests everyday social relations and unfurls processes that decide on who to admit to criminal justice networks. Accusation demarcates specific subjects as the criminally accused, who then face courtroom trials, and possible punishment. It inaugurates a crime's historical journey into being with sanctioned accusers successfully making criminal allegations against accused persons in the presence of authorized juridical agents. Given this decisive role in the production of criminal identities, it is surprising that criminal accusation has received relatively short shrift in sociological, socio-legal and criminological discourses. In this book, George Pavlich redresses this oversight by framing a socio-legal field directed to political rationales and practices of criminal accusation. The focus of its interrogation is the truth-telling powers of an accusatory lore that creates subjects within the confines of socially authorized spaces. And, in this respect, the book has two overarching aims in mind. First, it names and analyses powers of criminal accusation - its history, rationales, rites and effects - as an enduring gateway to criminal justice. Second, the book evaluates the prospects for limiting and/or changing apparatuses of criminal accusation. By understanding their powers, might it be possible to decrease the number who enter criminal justice's gates? This question opens debate on the subject of the book's final section: the prospects for more inclusive accusative grammars that do not, as a reflex, turn to exclusionary visions of crime and vengeful, segregated, corrective or risk-orientated punishment. Highlighting how expansive criminal justice systems are populated by accusatorial powers, and how it might be possible to recalibrate the lore that feeds them, this ground-breaking analysis will be of considerable interest to scholars working in socio-legal research studies, critical criminology, social theory, postcolonial studies and critical legal theory.

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of 'laws' result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights can complement democracy. It argues that they can do so only if they are understood as both the conditions for the democratic process, and the outcome of such a democratic process. In light of this legal theoretical account of human rights, this book examines the demands which the Court of Justice of the EU (CJEU) imposes on the national orders in respect of EU fundamental rights. The conclusion reached is that the demands which EU fundamental rights impose on national legal orders entail a cost for the democratic legitimacy of those legal orders. Ultimately, accepting the demands of the CJEU in respect of EU fundamental rights may require the national legal order to abandon its commitment to protecting the human rights which are the foundation of the national legal order's very legitimacy.

This volume explores the relationship between law and economics principles and the promotion of social justice. By social justice, we mean a vision of society that embraces more than traditional economic efficiency. Such a vision might include, for example, a reduction of subordination and discrimination based on race, religion, gender, sexual orientation, age, disability or class; increased wealth dispersion throughout all sectors of society; a safe and healthy environment; worker rights; and, a flourishing political democracy. The volume chapters here fall into four main categories, Assumptions of Law & Economics; Law & Economics: Implications of Behavioralism; Economics and Corporate Governance: Finding the Holes; and, Gender, Class and Race: Implications of and Alternatives to the Dominant Economic Paradigm. In addition, most of the chapters invoke the lens of corporate law theory or the corporate context as part of their analysis of the intersection of economics and social justice.

The need for information privacy and security continues to grow and gets increasingly recognized. In this regard, Privacy-preserving Attribute-based Credentials (Privacy-ABCs) are elegant techniques to provide secure yet privacy-respecting access control. This book addresses the federation and interchangeability of Privacy-ABC technologies. It defines a common, unified architecture for Privacy-ABC systems that allows their respective features to be compared and combined Further, this book presents open reference implementations of selected Privacy-ABC systems and explains how to deploy them in actual production pilots, allowing provably accredited members of restricted communities to provide anonymous feedback on their community or its members. To date, credentials such as digitally signed pieces of personal information or other information used to authenticate or identify a user have not been designed to respect the users' privacy. They inevitably reveal the identity of the holder even though the application at hand often needs much less information, e.g. only the confirmation that the holder is a teenager or is eligible for social benefits. In contrast, Privacy-ABCs allow their holders to reveal only their minimal information required by the applications, without giving away their full identity information. Privacy-ABCs thus facilitate the implementation of a trustworthy and at the same time privacy-respecting digital society. The ABC4Trust project as a multidisciplinary and European project, gives a technological response to questions linked to data protection. Viviane Reding (Former Vice-president of the European Commission, Member of European Parliament)

This volume offers a diverse set of perspectives on transnational crime. Providing a wide-ranging overview of the legal and policy issues that arise in connection with various forms of transnational crime, the authors outline the criminal justice responses adopted across different jurisdictions. Including contributions from high profile Chinese and European academics and practitioners across a variety of disciplines and methodological backgrounds, the authors address some of the hitherto underexplored issues related to transnational crime. These range from trafficking in cultural objects derived from illicit metal-detecting and metal-detecting tourism in China to the European approaches to criminalising the denial of historical truth. The central theme of the book is that useful lessons can be drawn from each other's experiences, and that a cross-fertilisation of domestic approaches to transnational crime is essential to effective cooperation. This book will be of use to students and academics of comparative criminal justice and anyone interested in transnational crime.

This book examines donor conception and the search for information by donor-conceived people. It details differing regulatory approaches across the globe, including those that provide for 'open-identity' or anonymous donation, or that take a 'dual-track' approach. In doing so, it identifies models regarding the recording and release of information about donors that may assist in the further development of the law, policy and associated practices. Arguments for and against donor anonymity are considered, and specifically critiqued. The study highlights contrasting reasoning and emphasis upon various interests and factors that may underpin secrecy, anonymity or openness. The book will be of value to academics, students and legal practitioners involved with this area. It is also relevant to policy makers, health practitioners and anyone with an interest in the subject.

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.

Maps the landscape of contemporary informational interests. Of considerable interest to those working at the intersection of law and technology, as well as others concerned with the legal, political, and social aspects of our information society.

Originally published in 1998, Sexual Harassment in Higher Education addresses the problem of sexual harassment on college campuses. This work reflects on a variety of aspects of sexual harassment, its litigation and law, as well as how the issues they demonstrate often have as much to do with linguistics or jurisprudence as with negative action, though there is a great deal of evidence of the latter. The book provides a clear-eyed and detailed assessment of the 'harassment' controversies now plaguing America's universities and colleges.

Working broadly from the perspective of cultural criminology, Crime, Media and Culture engages with theories and debates about the nature of media-audience relations, examines representations of crime and justice in news media and fiction, and considers the growing significance of digital technologies and social media. The book discusses the multiple effects media representations of crime have on audiences but also the ways media portrayals of crime and disorder influence government policy and lawmaking. It also considers the processes by which certain stories are selected for their newsworthiness. Also examined are the theoretical, conceptual and methodological underpinnings of cultural criminology and its subfields of visual criminology and narrative criminology. Drawing on case studies and empirical examples from the increasingly blurred worlds of reality and entertainment, the dynamics of crime, media and culture are illuminated across a range of chapters covering topics that include: moral panics/folk devils and trial by media; fear of crime; cop shows and courtroom dramas; female criminality and child-on-child killing; serial killers; surveillance, new media and policing; organized crime and state crime. Crime, Media and Culture will be an invaluable resource for undergraduate and postgraduate students interested in criminology and media studies. The book will also prove useful for lecturers and academic researchers wishing to explore the intersections of crime, media and cultural inquiry.

Remember fifty years ago when everyone smoked? Since tobacco found its way into Europe in the sixteenth century, smoking has been a controversial issue. Fifty years ago, almost everyone smoked, and fifty years before that, smokers were in the doghouse; up until the early twentieth century, cigarettes were illegal in a number of U.S. states. Needless to say, smoking has always been a ready source of revenue. It has also been a source of health concerns, both real and imagined. This mixture of pleasure, money and risk that comes with the act of smoking means that it's rarely treated fairly by politicians, health professionals or the public. Nowadays, tough anti-smoking laws are to be obeyed in most corners of the globe. The misinformation about, and unreasoning hostility directed at, smoking and smokers is one of the major concerns of this book. After all, smoking has no public cost. Isn't it just the individual smokers who are at risk? Prompted by this burgeoning fascination, Staddon looks further into the facts. And the more he looks, the weaker the case against smoking as a public health issue becomes. Is ETS really dangerous to children? And if so, how can science prove it? And if smoking has no public cost and the medical case for third-party harm is weak, why are smokers still being victimised? In this provocative, thought-provoking book, Staddon is determined to uncover the truth about smoking. But the truth's not always pretty.