Cases such as the Maastricht ruling by the German Federal Constitutional Court or the 'Crotty; decision by the Irish Supreme Court have gone down in the history of European integration as outstanding examples of intervention by judicial actors in important political processes. In this book, Dr. Castillo Ortiz makes for the first time a comprehensive analysis of all such rulings by national higher courts on European Union treaties issued during their processes of ratification. Using an interdisciplinary Law and Politics approach and a sophisticated methodological strategy, the book describes the political dynamics underlying some of the most relevant judicial episodes in the process of European Integration during the last decades: litigation strategies by Europhile and Eurosceptic actors, relations between the judiciary and the other branches of government, and clashes of power between national courts and the European Court of Justice of the European Union. By offering empirical evidence and by relying on scientific rigor, the book seeks to provide both experts and the general public an accessible account of one of the most salient but least studied aspects of current European law and politics.

In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider's review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a 'warts and all' analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.

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.

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.

This book reflects on the many contributions made in and to European bioethics to date, in various locations, and from various disciplinary perspectives. In so doing, the book advances understanding of the academic and social status of European bioethics as it is being supported and practiced by various disciplines such as philosophy, law, medicine, and the social sciences, applied to a wide range of areas. The European focus offers a valuable counter-balance to an often prominent US understanding of bioethics. The volume is split into four parts. The first contains reflection on bioethics in the past, present and future, and also considers how comparison between countries and disciplines can enrich bioethical discourse. The second looks at bioethics in particular locations and contexts, including: policy, boardrooms and courtrooms; studios and virtual rooms; and society, while the third part explores the translation of theories and concepts of bioethics into the clinical setting. The fourth and final section focuses on academic expressions of bioethics, as it is theorised in various disciplines and also as it is taught, whether in classrooms or at the patient's bedside. The book features unique contributions from a range of experts including: Alastair V Campbell; Ruth Chadwick; Angus Dawson; Raymond G. De Vries; Suzanne Ost; Renzo Pegoraro; Rouven Porz; Paul Schotsmans; Jochen Vollmann; Guy Widdershoven and Hub Zwart. Chapter 10 of this book ''You Don't Need Proof When You've Got Instinct!': Gut Feelings and Some Limits to Parental Authority' by Giles Birchley is available under an open access CC BY NC ND license and can be viewed at: http://www.tandfebooks.com/userimages/ContentEditor/1438250845242/9780415737197_chapter10.pdf .

Bringing a sociologist's insight to legal institutions and narratives, this book is an innovative and timely sociological contribution to current concerns regarding critical cosmopolitanism, human rights and crimes against humanity.

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.

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.

As medical devices become even more intricate, concerns about efficacy, safety, and reliability continue to be raised. Users and patients both want the device to operate as specified, perform in a safe manner, and continue to perform over a long period of time without failure. Following in the footsteps of the bestselling second edition, Reliable Design of Medical Devices, Third Edition shows you how to improve reliability in the design of advanced medical devices. Reliability engineering is an integral part of the product development process and of problem-solving activities related to manufacturing and field failures. Mirroring the typical product development process, the book is organized into seven parts. After an introduction to the basics of reliability engineering and failures, it takes you through the concept, feasibility, design, verification and validation, design transfer and manufacturing, and field activity phases. Topics covered include Six Sigma for design, human factors, safety and risk analysis, and new techniques such as accelerated life testing (ALT) and highly accelerated life testing (HALT). What's New in This Edition Updates throughout, reflecting changes in the field An updated software development process Updated hardware test procedures A new layout that follows the product development process A list of deliverables needed at the end of each development phase Incorporating reliability engineering as a fundamental design philosophy, this book shares valuable insight from the author's more than 35 years of experience. A practical guide, it helps you develop a more effective reliability engineering program-contributing to increased profitability, more satisfied customers, and less risk of liability.

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."

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.

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.

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.

The capabilities approach is a widely influential alternative theory of justice, popularized by Nobel Prize winner Amartya Sen and also by Martha Nussbaum. Justice and the Capabilities Approach is the first work of its kind to publish in one place the most influential essays in the field covering a number of topics, including constitutional law, cosmopolitanism, distributive justice, the family, feminism, global justice, human rights, poverty, and social justice. The collection should help inform both scholars and students coming to the study of the capabilities approach for the first time of both the importance and complexity of the wider debate, as well as shed light on how the approach might be further improved and applied.

This timely comparative study assesses the role of medical doctors in reforming publicly-funded health services in England and Canada. Respected authors from health and legal backgrounds from both sides of the Atlantic consider how the high status of the profession uniquely influences reforms. With summaries of developments in models of care and the participation of doctors since the inception of publicly-funded healthcare systems, they ask whether professionals might be considered allies or enemies of policymakers. With insights for future health policy and research, the book is an important contribution to debates about the complex relationship between doctors and the systems in which they practice.

Responding to the public concern caused by recent hospital scandals and accounts of unintended harm to patients, this author draws on her experience of analysing the health care systems of over a dozen countries and examines whether greater regulation has increased patient safety and health care quality. The book adopts a new approach to mapping developments in health care systems in Europe, North America and Australia and pieces together evidence of which regulatory strategies and mechanisms work well to ensure safer patient care. It identifies the regulatory bodies, the regulatory principles and the implementation strategies adopted to improve governance in health care systems and suggests a conceptual framework for responsive regulation. The book will be of interest to government actors, health care professionals and medico-legal scholars.

What does Carl Schmitt have to offer to ongoing debates about sovereignty, globalization, spatiality, the nature of the political, and political theology? Can Schmitt's positions and concepts offer insights that might help us understand our concrete present-day situation? Works on Schmitt usually limit themselves to historically isolating Schmitt into his Weimar or post-Weimar context, to reading him together with classics of political and legal philosophy, or to focusing exclusively on a particular aspect of Schmitt's writings. Bringing together an international, and interdisciplinary, range of contributors, this book explores the question of Schmitt's relevance for an understanding of the contemporary world. Engaging the background and intellectual context in which Schmitt wrote his major works - often with reference to both primary and secondary literature unavailable in English - this book will be of enormous interest to legal and political theorists.

Situating privacy within the context of political philosophy, this book highlights the way in which struggles concerning the meaning of privacy have always been political. Different conceptions of privacy are here shown to involve diverse assumptions about ontology: our conceptions of self, culture, society and communication. Privacy theory's debt to Locke, Kant or Mill, and what is at stake in their conceptual frameworks, is examined. The extent to which the term "privacy" has been used to the detriment of - and to create - weaker parties in marriage, in the workplace and now as citizens (or non-citizens) and consumers, as well as employees, is also demonstrated. In contrast, Janice Richardson pursues the relevance of Floridi's philosophy of information, before turning to her application of Spinoza, the philosopher of communication, in order to outline a more useful framework through which to think about privacy today. The book will be of interest to those working in political philosophy, feminist philosophy, law, the philosophy of information, sociology, media, and cultural studies.

This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population. Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions. The book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.

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.

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.

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.

As a consultant for healthcare associations working on all the healthcare laws from Medicare, the Health Manpower Act, Budget Reconciliation, Clinton healthcare efforts and the Affordable Healthcare Act, Donald Lavanty had a front-row seat from which to witness the politics and policies motivating each action. This volume was written from that experience, which was first documented in the course on the Political Aspects of Healthcare, employing the analogy that these various legislative actions to connect the system are like attempting to build a canal connecting the Amazon and Nile rivers: a long and difficult process. The title examines ongoing efforts to create and maintain a workable solution to the conflicts inherent in the US healthcare system from all angles, conflicts that arise due to the nature of our democratic government in which healthcare policies change based on the position of the voting majority in Congress at the time any action is taken.

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.

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.