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."

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.

In recent years, there have been a number of concerns about the recognition of religious laws and the existence of religious courts and tribunals. There has also been the growing literature on legal pluralism which seeks to understand how more than one legal system can and should exist within one social space. However, whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.

Immigration and its consequences is a substantially contested subject with hugely differing viewpoints. While some contend that criminal participation by migrants is the result of environmental factors found in the host country that are beyond the control of migrants, others blame migrants for all that is wrong in their communities. In this book, experts from Europe, the USA, Turkey and Israel examine recent developments in the fields of culture conflict, organized crime, victimization and terrorism, all of which intersect to varying degrees with migration and illegal conduct. While the essays further our understanding of a variety of issues surrounding migration, at the same time they illuminate the complexities of managing the challenges as globalization increases.

Global Health Disputes and Disparities explores inequalities in health around the world, looking particularly at the opportunity for, and limitations of, international law to promote population health by examining its intersection with human rights, trade, and epidemiology, and the controversial issues of legal process, religion, access to care, and the social context of illness. Using a theoretical framework rooted in international law, this volume draws on a wide range of rich empirical data to assess the challenges facing the field, including international legal treaty interpretation, and specific issues related to the application of law in resolving pressing issues in gender, access to care, and social determinants of health. In doing so, it illustrates the challenges for implementing rights-based approaches to address health disparities, with profound implications for future regulations and policymaking. It includes both interviews with leading scholars, as well as a variety of case studies from prominent international forums, including formal claims brought before the Human Rights Council and the Committee on the Elimination of All Forms of Discrimination Against Women, as well as regional and national experiences, drawn from disputes in India, Indonesia, South Africa and the USA. This volume is an innovative contribution to the burgeoning fields of global health and human rights, and will be of interest to students and researchers in public health, global health, law and sociology interested in the social determinants of health and social justice from both theoretical and practical perspectives.

Rarely do acts of civil disobedience come in such grand fashion as Taiwan's Sunflower Movement and Hong Kong's Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia's, and especially Taiwan and Hong Kong's, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.

The main feature of this work is that it explores criminal behavior from all aspects of Tinbergen's Four Questions. Rather than focusing on a single theoretical point of view, this book examines the neurobiology of crime from a biosocial perspective. It suggests that it is necessary to understand some genetics and neuroscience in order to appreciate and apply relevant concepts to criminological issues. Presenting up-to-date information on the circuitry of the brain, the authors explore and examine a variety of characteristics, traits and behavioral syndromes related to criminal behavior such as ADHD, intelligence, gender, the age-crime curve, schizophrenia, psychopathy, violence and substance abuse. This book brings together the sociological tradition with the latest knowledge the neurosciences have to offer and conveys biological information in an accessible and understanding way. It will be of interest to scholars in the field and to professional criminologists.

Handbook of Forensic Mental Health Services focuses on assessment, treatment, and policy issues regarding juveniles and adults in the criminal and civil systems. Uniquely, this volume is designed for professionals who deliver mental health services, rather than researchers. Just like its parent series, its goal revolves around improving the quality of mental health care services in forensic settings. It achieves this by integrating the findings related to clinical practice, administration, and policy from trends and best practice internationally that mental health professionals can implement.

Handbook of Forensic Mental Health Services focuses on assessment, treatment, and policy issues regarding juveniles and adults in the criminal and civil systems. Uniquely, this volume is designed for professionals who deliver mental health services, rather than researchers. Just like its parent series, its goal revolves around improving the quality of mental health care services in forensic settings. It achieves this by integrating the findings related to clinical practice, administration, and policy from trends and best practice internationally that mental health professionals can implement.

Divided into three parts, this edited volume gives an overview of current topics in law and ethics in relation to intellectual property. It addresses practical issues encountered in everyday situations in politics, research and innovation, as well as some of the underlying theoretical concepts. In addition, it provides an insight into the process of international policy-making, showing the current problems in the area of intellectual property in science and research. It also highlights changes in the fundamental understanding of common and private property and the possible implications and challenges for society and politics.

Focusing on juvenile transfer and disposition evaluations, this volume provides an up-to-date integration of current law, science, and practice with respect to juvenile risk assessment, treatment needs/amenability, and sophistication-maturity. Included are perspectives relating to international practices, use of specialized assessment tools, and a separate chapter on resentencing following US Supreme Court decisions on juveniles sentenced to mandatory life without parole. This text will be a useful and comprehensive reference for forensic psychologists and other mental health professionals engaged in juvenile evaluation, as well as legal professionals, juvenile and criminal justice professionals, and others involved with juvenile assessment, decision-making, and rehabilitation.

The statutory duty of public service ombudsmen (PSO) is to investigate claims of injustice caused by maladministration in the provision of public services. This book examines the modern role of the ombudsman within the overall emerging system of administrative justice and makes recommendations as to how PSO should optimize their potential within the wider administrative justice context. Recent developments are discussed and long standing questions that have yet to be adequately resolved in the ombudsman community are re-evaluated given broader changes in the administrative justice sector. The work balances theory and empirical research conducted in a number of common law countries. Although there has been much debate within the ombudsman community in recent years aimed at developing and improving the practice of ombudsmanry, this work represents a significant advance on current academic understanding of the discipline.

Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.

Having long been a neglected issue, the policing of protest began to attract considerable attention in the 1990s, climaxing in the events in Seattle of 1999. These protests and the changing political climate since September 11, 2001 mean that a new cycle of protest is challenging the concept of law and order and civil liberties. This book examines how new policing styles are developing using case studies from North America and Europe. The volume brings together researchers from a number of disciplines - sociology, criminology, political science and mass communication - who focus on new forms of political protest, policing and public order.

This volume argues that legislation on abortion, adultery, and rape has been central to the formation of the modern citizen. The author draws on rights literature, bio-political scholarship, and a gender-studies perspective as a foundation for rethinking the sovereign relationship. In approaching the politicization of reproductive space from this direction, the study resituates the role of rights and rights-granting within the sovereign relationship. A second theme running throughout the book explores the international implications of these arguments and addresses the role of abortion, adultery and rape legislation in constructing 'civilizational' relationships. In focusing on the Ottoman Empire, Turkey, France and Italy as case studies, Miller presents a discussion of what 'Europe' is, and the role of sexuality and reproduction in defining it.

The concept of creativity, together with concerns over access to creativity and knowledge, are currently the subject of international debate and unprecedented public attention, particularly in the context of international developments in intellectual property laws. Not only are there significant developments at the legal level, with increasing moves towards stronger and harmonized protection for intellectual property, but also there is intense public interest in the concepts of creativity, authorship, personality, and knowledge. In Creating Selves, Johanna Gibson addresses strategic responses to intellectual property, and suggests alternative models for encouraging, rewarding, and disseminating creative and innovative output, which are built upon a critical analysis of and approach to the debate and to the concept of creativity itself. Drawing upon critical theories in authorship, literature, music, the sciences and the arts, Gibson suggests a radical re-consideration of the notion of creativity in the intellectual property debate and the means by which to encourage and sustain creativity in contemporary society.

This book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It is generally accepted that the Act prevents government from violating fundamental rights, but the extent to which the Act can legitimately be overridden as a result of public opinion and participation is less clear. The work considers the Act's effect on this popular element of the British Constitution. It uses analytical tools from republican political theory to explore the claim that the Act achieved a reconciliation between the protection of rights and democracy. In particular, it employs republican analysis of domination to consider how the Human Rights Act could operate so that public opinion invigilates legislative responses to judicial decisions. The key question is whether judicial decisions under the Human Rights Act serve to 'remove, reduce or replace' opportunities for the electorate to control judicial decision-making, remembering always that the electorate is seldom engaged in politics, but should it choose to, its ability to do so is at the heart of democracy. The study also examines the difficulty of isolating national constitutional forms where bills of rights are internationalised as with the European Convention on Human Rights. The book will be a valuable resource for students and academics researching constitutional legal theory and comparative constitutional law. While the focus is on the UK HRA, broader theoretical issues of constitutional review will have significant international interest and relevance to domestic debates on a British Bill of Rights.

This collection reflects on contemporary and contentious issues in international rulemaking in regards to pharmaceutical patent law. With chapters from both well-established and rising scholars, the collection contributes to the understanding of the regulatory framework governing pharmaceutical patents as an integrated discipline through the assessment of relevant laws, trends and policy options. Focusing on patent law and related pharmaceutical regulations, the collection addresses the pressing issues governments face in an attempt to resolve policy dilemmas involving competing interests, needs and objectives. The common theme running throughout the collection is the need for policy and law makers to think and act in a systemic manner and to be more reflective and responsive in finding new solutions within and outside the patent system to the long-standing problems as well as emerging challenges

Race, Law, Resistance is an original and important contribution to current theoretical debates on race and law. The central claims are that racial oppression has profoundly influenced the development of legal doctrine and that the production of subjugated figures like the slave and the refugee has been fundamental to the development of legal categories such as contract and tort. Drawing on examples from the UK and US legal systems in particular, this book employs a wide range of theoretical and disciplinary perspectives to explore resistance to racial dominance in modernity. In particular, it highlights the main tenets and distinctive scholarly forms of critical theories on race and law. Race, Law, Resistance will be of interest to academics and students following courses on critical race theory, law and postcolonialism, discrimination law, legal theory, legal systems, the law of obligations, comparative legal cultures, law and literature, and human rights.

Decisions to withdraw or withhold life-sustaining treatment are contentious, and offer difficult moral dilemmas to both medical practitioners and the judiciary. This issue is exacerbated when the patient is unable to exercise autonomy and is entirely dependent on the will of others. This book focuses on the legal and ethical complexities surrounding end of life decisions for critically impaired and extremely premature infants. Neera Bhatia explores decisions to withdraw or withhold life-sustaining treatment from critically impaired infants and addresses the controversial question, which lives are too expensive to treat? Bringing to bear such key issues as clinical guidance, public awareness, and resource allocation, the book provides a rational approach to end of life decision making, where decisions to withdraw or withhold treatment may trump other competing interests. The book will be of great interest and use to scholars and students of bioethics, medical law, and medical practitioners.

The Human Fertilisation and Embryology Act 2008 was a major update to the UK's laws on the use and regulation of reproductive technology and assisted reproduction. Since the enactment of the new law, the sector's regulatory body, the Human Fertilisation and Embryology Authority (HFEA), has also consulted on various related topics including barriers to egg and sperm donation in the UK, multiple births/single embryo transfer and using IVF technology to prevent mitochondrial disease. This book critically considers recent developments in human fertilisation legislation, asking whether the 2008 Act has achieved its stated aim of being fit for purpose. Bringing together a range of international experts, the book evaluates the fresh risks and challenges emerging from both established and existing technologies and techniques in the field of human fertilisation and embryology, as well as offering valuable insights into the social and regulatory challenges that lie ahead. Key topics include problems with DIY assisted conception; the lack of reform in respect of the regulation of surrogacy arrangements; and mitochondrial DNA transfer. As a review of the status of assisted reproduction legislation, this book will be of great use and interest to students, researchers and practitioners in medical law, bioethics, medicine and child welfare.

This volume offers a critical analysis and illustration of the challenges and promises of 'stateless' law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the 'transnational challenge' posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.

This book addresses an important and relatively neglected topic in the scientific literature: individuals with autism spectrum disorder (ASD) who have dealings with the legal system. It examines issues and implications for autistic people, who have a significant risk for engagement with the legal system in some capacity (e.g., witness/bystander, victim, or perpetrator). Key areas of coverage include: Autistic people as victims and perpetrators of criminal activities, including violence, stalking, sexual exploitation, and cybercrime. Risks for unlawful behavior in individuals with autism and Asperger's. Legal assessment issues, such as witness protection and postconviction diagnoses. Legal outcomes for autistic people, including case law, prevention, service provisions in correctional settings, and rights and support systems. The Handbook of Autism Spectrum Disorder and the Law is an essential, comprehensive resource that explores the risk for unlawful behaviors affecting autistitc people as victims and perpetrators, as well as related issues of assessment and treatment, and outcome. It is a must-have reference for researchers, clinicians/practitioners, and graduate students in psychology, psychiatry, social work, and law, as well as professionals in such related fields, as criminology/criminal justice and the legal system.

This volume investigates advances in the field of legal translation both from a theoretical and practical perspective, with professional and academic insights from leading experts in the field. Part I of the collection focuses on the exploration of legal translatability from a theoretical angle. Covering fundamental issues such as equivalence in legal translation, approaches to legal translation and the interaction between judicial interpretation and legal translation, the authors offer contributions from philosophical, rhetorical, terminological and lexicographical perspectives. Part II focuses on the analysis of legal translation from a practical perspective among different jurisdictions such as China, the EU and Japan, offering multiple and pluralistic viewpoints. This book presents a collection of studies in legal translation which not only provide the latest international research findings among academics and practitioners, but also furnish us with a new approach to, and new insights into, the phenomena and nature of legal translation and legal transfer. The collection provides an invaluable reference for researchers, practitioners, academics and students specialising in law and legal translation, philosophy, sociology, linguistics and semiotics.

In recent decades, asylum has emerged as a highly politicized European issue. The term 'asylum seeker' has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislators and legislation concerning asylum procedures and reception conditions are also analysed. Proposals and initiatives for refugee movements and determinations are examined and assessed. The author makes suggestions for better protection of refugees while responding to the security concerns of States, and questions whether European law and policy is doing enough to uphold the fundamental right to seek and enjoy asylum as set out in the Universal Declaration of Human Rights. This book takes a bold look at a controversial issue and generates discussion for those involved in the fields of human rights, migrational and transnational studies, law and society and international law.