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 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.

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.

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.

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.

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.

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.

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.

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.

Biomedical patents have been the subject of heated debate. Regulatory agencies such as the European Patent Office make small decisions with big implications, which escape scrutiny and revision, when they decide who has access to expensive diagnostic tests, whether human embryonic stem cells can be traded in markets, and under what circumstances human health is more important than animal welfare. Moreover, the administration of the Trade Related Aspects of Intellectual Property Rights by the World Trade Organization has raised considerable disquiet as it has arguably created grave health inequities. Those doubting the merits of the one size fits all approach ask whether priority should be given to serving the present needs of populations in dire need of medication or to promoting global innovation. The book looks in detail into the legal issues and ethical debates to ask the following three main questions: First, what are the ideas, goals, and broader ethical visions that underpin questions of governance and the legal reasoning employed by administrative agencies? Second, how can we democratize the decision making process of technocratic institutions such as the European Patent Office? Finally, how can we make the global intellectual property system more equitable? In answering these questions the book seeks to contribute to our understanding of the role and function of regulatory agencies in the regulation of the bioeconomy, explains the process of interpretation of legal norms, and proposes ways to rethink the reform of the patent system through the lens of legitimacy.

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.

Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

This book critically examines the historical developments and current trends in the scientific scholarly communication system, issues and challenges in scientific scholarly publishing and scientific data sharing, implications and debates associated with the influence of intellectual property rights on scientific information sharing, and new trends related to peer reviewing and measuring the impact of scientific publications. Based on thorough examination of published literature, the book illustrates the involvement of many stakeholders-scientists, science educators, university administrators, government entities, research funders, and other interested parties-in this complex and dynamic system. The discussion highlights the roles these stakeholders have to play, individually and collaboratively, to help transform the future of the scientific scholarly communication system.

Following the events of September 11, a new legal order is emerging in which the 'terrorist threat' has been used as justification to marginalise human rights. This collection of themed essays offers an emphatic defence to the threats confronting our human rights culture. In analysing the role of the United Nations, the conduct of the Afghan war, domestic anti-terrorist legislation and the new debate about Islamic law, Law after Ground Zero demonstrates the future challenges that law will face within our global society. It also offers accounts of how events have impacted on the Palestinian-Israeli conflict, Iraq and Afghanistan itself, as well as debates about international law, human rights and women's rights. This unique work will interest those studying or researching in the areas of international law, human rights and humanitarian law, international relations, politics, critical legal studies, Islamic law, culture and socio-legal studies.

In a culture obsessed with law, judgment, and violence, this book challenges Christians to remember that Jesus urged his followers to judge no one, bring harm upon no one, and follow no law save the law of altruistic love. It traces Christian history first to show that Christians of an earlier age took very seriously the gospel injunctions against punitive legal judgment and then how the advent of formal legal codes and philosophical dualism undermined that perspective to create a division between a private Christian spirituality and a public morality of order and legally sanctioned violence. This historical approach is accompanied by an argument that the recovery of a Christian ethic based upon unconditional love and forgiveness cannot be accomplished without the renewal of a Christian spirituality that mirrors the contemplative spirituality of Jesus.

There is more to parking law than just parking penalties. Considering the ways in which law works in everyday life, and in familiar places of common experience where the presence of law is not obvious, this book explores the various notions of the right to park, which jurisprudentially is enacted between individuals in everyday parking. From parking areas to the courtroom, parking engenders disputes over equality, speech, legitimacy, and entitlement that reach beyond the stated scope of policy. Looking beyond the obvious, this book examines the contested site of the parking space as a place of socio-legal meaning where property claims and rights shape identities. Adopting a constitutive approach to the study of law, the book examines how regulation of parking policy is at odds with the force of localised politics, producing competing notions of legality and examples of legal semiotics within the terrain of legal geography.

Compulsory land acquisition and involuntary displacement of communities for a larger public purpose captures the tension of development in the modern state, with the need to balance the interests of the majority while protecting the rights of the minority. In India, informal estimates of involuntary resettlement are estimated to be around 50 million people over the last five decades, and three-fourths of those displaced still face an uncertain future. Growing public concern over the long-term consequences of this has led to greater scrutiny of the rehabilitation and resettlement process, particularly for large development projects. This book examines a number of new policy formulations put in place at both the central and state levels, looking at land acquisition procedures and norms for rehabilitation and resettlement of communities. The book combines a theoretical analysis of the proposed regulatory framework with detailed case studies that examine the application of these norms in specific geographic contexts across the country. It brings together contributory analysis by some of the country's most engaged administrators, academics, and activists in the field, and is a useful contribution to Development Studies.

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 Subject of Prostitution offers a distinctive analysis of the links between prostitution and social theory in order to advance a critical analysis of the relationship of law to sex work. Using the lens of social theory to disrupt fixed meanings the book provides an advanced analytical framework through which to understand the complexity and contingencies of sex work in late modernity. The book analyses contemporary citizenship discourse and the law's ability to meet the competing demands of empowerment by sex workers and protection by radical feminists who view prostitution as the epitome of patriarchal sexual and economic relations. Its central focus is the role of law in both structuring and responding to the 'problem of prostitution'. By developing a distinctive constitutive approach to law, the author offers a more advanced analytical framework from which to understand how law matters in contemporary debates and also suggests how law could matter in more imaginative justice reforms. This is particularly pertinent in a period of unprecedented legal reform, both internationally and nationally, as legal norms simultaneously attempt to protect, empower and criminalise parties involved in the purchase of sexual services. The Subject of Prostitution aims to overcome the current aporia in these debates and suggest new ways to engage with the subject and law. As such, The Subject of Prostitution provides an advanced theoretical resource for policymakers, researchers and activists involved in contemporary struggles over the meanings and place of sex work in late modernity.

Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia - albeit to different degrees - are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

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.

This book explores, for the first time in an edited collection, the intersection of three key research areas - women, madness and the law - and advances the debates on how law and the 'psy' sciences play a critical role in regulating and controlling women's lives.

Ethics in Mental Health-Substance Use aims to explore the comprehensive concerns and dilemmas occurring from mental health and substance use problems, and to inform, develop, and educate by sharing and pooling knowledge, and enhancing expertise, in this fast developing region of ethics and ethical care and practice. This volume concentrates on ethical concerns, dilemmas, and concepts specifically interrelated, as a collation of problem(s) that directly or indirectly affect the life of the individual and family. Whilst presenting a balanced view of what is ethically best practice today, this title challenges concepts and stimulates debate, exploring all aspects of the development in treatment, intervention and care responses, and the adoption of research-led best practice.

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.

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.