The concept of the cultural commons has become increasingly important for legal studies. Within this field, however, it is a contested concept: at once presented as a sphere for creativity, democratic access and freedom of speech, but one that denies property rights and misappropriates the public domain. In this book, Merima Bruncevic takes up the cultural commons not merely as an abstract notion, but in its connection to physical spaces such as museums and libraries. A legal cultural commons can, she argues, be envisioned as a lawscape that can quite literally be entered and engaged with. Focusing largely on art in the context of the copyright regime, but also addressing a number of cultural heritage issues, the book draws on the work of Deleuze and Guattari in order to examine the realm of the commons as a potential space for overcoming the dichotomy between the owner and the consumer of culture. Challenging this dichotomy, it is the productive and creative potential of law itself that is elicited through the book's approach to the commons as the empirical basis for a new legal framework, which is able to accommodate a multitude of interests and values.

This book offers real insight into some of the more complex ethical issues that are encountered whilst treating patients both in the community and in hospital. It provides a holistic guide on the skills that medical students and junior doctors need to acquire to achieve professional integrity.

Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues, such as immigration and terrorism, where cases involving the HRA have triggered broader public concerns about the protection of human rights. The final section of this book looks at some of the structural issues that have generated hostility to the HRA, such as media coverage and the perception of the legal profession. This book aims to unpick the complex climate of hostility that the HRA has faced and examine the social, political and legal forces that continue to inform the case against the HRA.

This work provides an analytical and comparative analysis of the development of charity law, as well as providing a critical commentary on a number of contemporary changes within the charity law field across a range of common law jurisdictions. The book follows earlier studies which cover a similar, and traditional, jurisdictional spread, but which are now dated. It further considers in detail charity law issues within Hong Kong and Singapore, about which there has been historically more limited charity law discussion. The area is growing in terms of practical legal and academic interest.

Muller's work is designed to provide a comprehensive introduction to the major agreements prevalent in the recording and music entertainment industry today. Muller begins with the basics of the personal management and agency agreement and then examines the types of agreements a successful music figure/group would encounter. Some of the agreements considered include recording and performance rights, film, commercial, tour and tour merchandising, foreign license, production, advertising, and personal appearances. Examples of the agreement forms currently being used are provided in an appendix. The book concludes with a bibliography and general subject index. Musicians, agents, and music entertainment attorneys alike will benefit from this thoughtful and comprehensive examination.

In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty - rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions - can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.

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.

Taking Northern Ireland as its primary case study, this book applies the burgeoning literature in memory studies to the primary question of transitional justice: how shall societies and individuals reckon with a traumatic past? Joseph Robinson argues that without understanding how memory shapes, moulds, and frames narratives of the past in the minds of communities and individuals, theorists and practitioners may not be able to fully appreciate the complex, emotive realities of transitional political landscapes. Drawing on interviews with what the author terms "memory curators," coupled with a robust analysis of secondary literature from a range of transitional cases, the book analyses how the bodies of the dead, the injured, and the traumatised are written into - or written out of - transitional justice. The author argues that scholars cannot appreciate the dynamism of transitional memory-space unless they first engage with the often silenced or marginalised voices whose memories remain trapped behind the antagonistic politics of fear and division. Ultimately challenging the imperative of national reconciliation, the author argues for a politics of public memory that incubates at multiple nodes of social production and can facilitate a vibrant, democratic debate over the ways in which a traumatic past can or should be remembered.

An anesthesiologist chips a patient's tooth during a difficult intubation. A surgeon leaves tiny abrasions on a patient's abdomen during a delicate surgical procedure. And an operating room nurse accidentally nips a patient's finger with a pair of scissors. Not all of these examples of medical mistakes will result in malpractice suits. But for the ones that do, health care providers must invariably come to grips with facing the most important step in defending a medical malpractice lawsuit - the deposition phase. Whether or not a malpractice case ends in settlement or at trial, depositions are the most important pieces of evidence because a witness' performance during this phase is literally carved in stone, and facts elicited from depositions often play a major role throughout the remainder of the litigation. The Health Care Providers Guide To Facing The Malpractice Deposition can provide anyone in the health care industry with the tools necessary to come out of a malpractice deposition unscathed or with as few bruises as possible. This exhaustive book includes excerpts from actual depositions, and addresses topics such as law and legal thinking, the standard of care, preparing for the deposition, and common forms of interrogation. While this text will not protect health care providers from malpractice litigation or prevent pricey settlements and judgments, it can help prevent medical personnel from becoming self-damaging witnesses and their own worst enemies.

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.

In Philip K. Dick's short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick's allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"-particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.

This open access book presents a unique collection of practical examples from the field of pharma business management and research. It covers a wide range of topics such as: 'Brexit and its Impact on pharmaceutical Law - Implications for Global Pharma Companies', 'Implementation of Measures and Sustainable Actions to Improve Employee's Engagement', 'Global Medical Clinical and Regulatory Affairs (GMCRA)', and 'A Quality Management System for R&D Project and Portfolio Management in a Pharmaceutical Company'. The chapters are summaries of master's theses by "high potential" Pharma MBA students from the Goethe Business School, Frankfurt/Main, Germany, with 8-10 years of work experience and are based on scientific know-how and real-world experience. The authors applied their interdisciplinary knowledge gained in 22 months of studies in the MBA program to selected practical themes drawn from their daily business.

Course Notes is designed to help you succeed in your law examinations and assessments. Each guide supports revision of an undergraduate and conversion GDL/CPE law degree module by demonstrating good practice in creating and maintaining ideal notes. Course Notes will support you in actively and effectively learning the material by guiding you through the demands of compiling the information you need. Written by expert lecturers who understand your needs with examination requirements in mind Covers key cases, legislation and principles clearly and concisely so you can recall information confidently Contains easy to use diagrams, definition boxes and work points to help you understand difficult concepts Provides self test opportunities throughout for you to check your understanding Illustrates how to compile the ideal set of revision notes Covers the essential modules of study for undergraduate llb and conversion-to-law GDL/CPE courses Additional online revision guidance such as sample essay plans, interactive quizzes and a glossary of legal terms at www.unlockingthelaw.co.uk

This study primarily explores whether conflicts between patents and human rights in the context of access to medicines are inevitable, or whether patents can be made to serve human rights. The author argues that it is necessary to have a deepened understanding of each of the two sets of norms that govern this issue, that is, patent law and international human rights law. The chapters investigate the relevant dimensions of patent law and analyse particular human rights bearing upon the issue of intellectual property and access to medicines.

This title was first published in 2003. Xenotransplantation - the transplantation of animal organs into humans - poses a fascinating moral dilemma. Should this ability to extend the lives of millions of older people be permitted given that it might trigger a new pandemic similar to AIDS? This study examines the moral dilemma from a combination of humanistic, legalistic, bioethical, economical and technological perspectives. The first part of the book demonstrates that xenografts are the only realistic near-term technological answer to the organ shortage problem. The balance of the book is devoted to assessing whether doctrines such as the 'right to health care' trump the moral and ethical conundrums posed by xenotransplantation. The book concludes with a 'geoethical' solution that proposes authorization of xenotransplantation subject to the prior implementation of a new international organization for epidemiology and basic health care. It also suggests that the costs of operating such an organization could be covered by a global tax on xenografts.

This title was first published in 2003: As new medical technologies and treatments develop with increasing momentum, the legal and ethical implications of research involving human participants are being called into question as never before. Human Experimentation and Research explores the philosophical foundations of research ethics, ongoing regulatory dilemmas, and future challenges raised by the rapid globalisation and corporatisation of the research endeavour. This volume brings together some of the most significant published essays in the field. The editors also provide an informative introduction, summarizing the area and the relevance of the articles chosen.

This book breaks new ground in interpreting how identity informs the judgements of State workers, as normative orientations coincide with identities and authority. At all levels, legal ordering becomes entangled with moral orientations and the micropolitics of identification, as workers interact with one another and their clients. The result is neither law nor order, but a fragile cultural politics of workers acting on citizens as they act out their identities. Using case studies in the field, the book conducts an exploration of the State, whilst holding on to the strong notions of identity, power and normative orientation. It introduces a unique notion of rights by arguing that workers assert identity and power as they make judgements about who gets what from the State.

Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. In doing so, the book explores how the law, the medical profession, and the public interact in determining whether a new or ethically contentious procedure should be regarded as legitimate. This book will be of interest and use to researchers and students of bioethics, medical law, criminal law, and the sociology of medicine. Chapter 6 of this book 'Family perspectives on proper medical treatment for people in prolonged vegetative and minimally conscious states' by Celia Kitzinger and Jenny Kitzinger is available under an open access CC BY NC ND license and can be viewed at: http://preview.ncbi.nlm.nih.gov/books/prevqa/NBK199156/ .

Written by two therapists with extensive business experience, Mastering the Financial Dimension of Your Psychotherapy Practice addresses the clinical and financial challenges of establishing and maintaining a successful private practice. This book contains updated content on investing strategies, changes in the insurance marketplace, and trends in the marketing of a psychotherapy practice. The first of five sections explores the life cycle of the modern therapy practice, offering best business and investing practices for each phase. In the second and third sections, the authors consider the emotional dimension in the development of a private practice. The fourth section offers a basic course in financial planning, including an investigation into five common financial mistakes therapists make and various solutions to each situation. The fifth section is designed to offer a road map of actions to take in establishing a financial plan. Concluding the book is an inspirational discussion of how the therapist in private practice can create a career with meaning, fulfillment, personal satisfaction, and solid financial rewards.

This title was first published in 2001. Worlds Colliding argues that the prevailing worldview held by those in positions of power in Western government sets the bounds for religious tolerance.A It explores the degree to which a modern liberal state will allow a counter-cultural community the freedom to live according to its concept of the good life.

Now that prohibitions against stem cell research are relaxing, it is time for the field to move forward with the advances that promise to eliminate so much human suffering. However, it would be naive to ignore the fact that regenerative medicines pose a whole new set of challenges to an industry sector that for decades has geared itself to the development and delivery of traditional pharmaceuticals. Still, significant strides are being made. Unique in its focus, The Delivery of Regenerative Medicines and Their Impact on Healthcare delves into material not included in other books. Edited by Dr. Catherine Prescott and Professor Dame Julia Polak, two of the most respected authorities in stem cell research and the business of regenerative medicine, this text presents original firsthand accounts of experts from around the globe. Professor Polak starts by summarizing the progress made and the challenges currently facing the field both as a science and an emerging industry. This is followed by topics relevant to regulators, insurers, and investors as well as pharmaceutical and biotech researchers. Offering innovative insight on topics rarely covered, this volume: Details various innovative investment models Offers a detailed overview of cell-based products and therapeutic stem cell technologies Examines concerns over safeguarding intellectual property Looks at evolving regulations in the U.S. and Europe Discusses insurance and risk management and the establishment of reimbursement parameters This book reaches out to inform a wide audience across government, industry, and academia. It goes beyond the usual discussions to help invigorate the dialogue and present solutions that must occur at the crossroads of technology and commerce for regenerative medicines to realize their promise.

When the financial markets collapsed in 2008, the media industry was affected by a major slump in advertising revenues, and a formerly highly successful business model fell into a state of decay. This economic crisis has threatened core social values of contemporary democracies, such as freedom, diversity and equality. Taking a normative and policy perspective, this book discusses threats and opportunities for the media industry in Europe: What are the implications of the crisis for professional journalism, the media industry, and the process of political communication? Can non- state and non-market actors profit from the crisis? And what are media policy answers at the national and European level?

Increasing knowledge of the biological is fundamentally transforming what life itself means and where its boundaries lie. New developments in the biosciences - especially through the molecularisation of life - are (re)shaping healthcare and other aspects of our society. This cutting edge volume studies contemporary bio-objects, or the categories, materialities and processes that are central to the configuring of 'life' today, as they emerge, stabilize and circulate through society. Examining a variety of bio-objects in contexts beyond the laboratory, Bio-Objects: Life in the 21st Century explores new ways of thinking about how novel bio-objects enter contemporary life, analysing the manner in which, among others, the boundaries between human and animal, organic and non-organic, and being 'alive' and the suspension of living, are questioned, destabilised and in some cases re-established. Thematically organised around questions of changing boundaries; the governance and regulation of bio-objects; and changing social, economic and political relations, this book presents rich new case studies from Europe that will be of interest to scholars of science and technology studies, social theory, sociology and law.

Crime perpetrated by healthcare professionals is increasingly pervasive in today's hospitals and other healthcare settings. Patients, coworkers, and employers are vulnerable to exploitation, fraud, abuse, and even murder. Investigative journalist Kelly M. Pyrek interviews experts who provide accounts concerning the range of criminality lurking in the healthcare setting in Healthcare Crime: Investigating Abuse, Fraud, and Homicide by Caregivers. Examines the root causes and the opportunities The book begins by offering perspectives on how the stressors inherent in the healthcare profession can contribute to aberrant behavior by medical practitioners. It then examines breaches of patient privacy, which can easily occur in today's age of technology. Highlighting appalling cases of exploitation, the book also suggests guidelines to safeguard patient privacy. Identifies the victims most at risk, and those who are their greatest threats In a chapter on abuse and assault, the book cites psychological studies that explain the root causes of victimization. It highlights the patient populations most at risk: disabled, psychiatric, and elderly, and identifies the chief victimizers: physicians, psychiatrists, dentists, pediatricians, and nursing assistants and aides. The book also examines the types of financial fraud and theft that can be perpetrated against not only patients but also employers and government agencies, and provides expert insight on how to take preventative measures. Discusses notorious serial murders in the medical profession Providing accounts of well-known healthcare-related homicides and suspicious deaths, the book also presents insights from forensic and serial murder experts as to why these incidents occur, warning signs to watch out for, and how to conduct a proper investigation. The final chapter examines simple, straightforward strategies for improving the level of quality of care and safety provided by healthcare institutions. With greater accountability and oversight, patients can once again feel secure that their providers are embracing the maxim "Above all, do no harm."

The Prophet Muhammad's reported traditions have evolved significantly to affect the social, cultural, and political lives of all Muslims. Though centuries of scholarship were spent on the authentication and trustworthiness of the narrators, there has been less study focused on the contents of these narratives, known as Hadith or Sunnah, and their corroboration by the Qur`an. This book is a first step in a comprehensive attempt to contrast Hadith with the Qur`an in order to uncover some of the unjust practices by Muslims concerning women and gender issues. Using specific examples the author helps the reader appreciate and understand the magnitude of the problem. It is argued that the human rights and the human development of Muslim women will not progress in a meaningful and sustainable manner until the Hadith is re-examined in a fresh new approach from within the Islamic framework, shifting the discourse in understanding Islam from a dogmatic religious law to a religio-moral rational worldview. The author argues that such re-examination requires the involvement of women in order to affirm their authority in exegetical and practical leadership within Muslim societies, and she encourages Muslim women to stand up for their rights to effect change in understanding the role of sunnah in their own life.