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Books > Law > Laws of other jurisdictions & general law > Social law > General
Match fixing has become a widespread international problem in recent years. It includes everything from bribery of players, to putting undue influences on the owners of the soccer clubs, managers, coaches and others who have the ability to affect the final scores. In addition, match-fixing spills over into the arena of illegal betting (in person and online), which creates a host of additional organized crime opportunities, including human trafficking, prostitution, drugs, extortion and even terrorism. This timely volume brings together international contributions with an aim is to increase awareness of the problems associated with match-fixing and the degree to which key agents in sport, particularly young people, are vulnerable. The contributions are based on INTERPOL s Global Experts Meeting in Singapore, in November 2012, which brought together key speakers to discuss issues surrounding match-fixing and how to combat corruption in football through channels of education. The purpose of this meeting was to identify ways that academia can play a role in developing and implementing training modules and academic courses, including certification procedures, to prevent match-fixing and develop lines of study at all educational levels. This unique work reflects the gravity of the situation around the world together with possible solutions."
Sports marketing is not only a global phenomenon, but also a major industry in its own right. This book breaks new ground in that it combines the theory and the practice of sports marketing agreements, which are at the heart of the commercialisation and marketing of sport. A particular feature of this book is the wide-ranging collection of precedents of sports marketing agreements, including, inter alia, sponsorship, merchandising, TV rights and new media, sports image rights and endorsements, event management and corporate hospitality, that are included and are explained and commented on in the text of the book. The book also covers the EU aspects, which are particularly important in this context, especially collective selling, of Sports TV rights and the drafting of the corresponding agreements; as well as the fiscal aspects of sports marketing agreements in general and sports image rights agreements in particular, which need to be taken into account in order to reduce the tax burden on the resulting revenues. With so much money at stake in sports marketing, the book also deals with the important topic of dispute resolution and, again, provides the reader with some useful corresponding clauses for settling disputes by ADR, particularly through the Court of Arbitration for Sport (CAS). As the author remarks in his Preface, the aim of the book is to provide a leading resource for all those engaged in any way in the money-spinning field of sports marketing, combining - as this book uniquely does - both the theory and the practice of drafting, interpreting and enforcing a variety of sports marketing agreements, especially those with an international dimension.
During the Standing Rock Sioux protest against the Dakota Access Pipeline, an activist observed, "Forced removal isn't just in the history books." Sabine N. Meyer concurs, noting the prominence of Indian Removal, the nineteenth-century policy of expelling Native peoples from their land, in Native American aesthetic and political praxis across the centuries. Removal has functioned both as a specific set of historical events and a synecdoche for settler colonial dispossession of Indigenous communities across hemispheres and generations. It has generated a plethora of Native American writings that negotiate forms of belonging-the identities of Native collectives, their proprietary relationships, and their most intimate relations among one another. By analyzing these writings in connection with domestic settler colonial, international, and tribal law, Meyer reveals their coherence as a distinct genre of Native literature that has played a significant role in negotiating Indigenous identity. Critically engaging with Native Removal writings across the centuries, Meyer's work shows how these texts need to be viewed as articulations of Native identity that respond to immediate political concerns and that take up the question of how Native peoples can define and assert their own social, cultural, and legal-political forms of living, being, and belonging within the settler colonial order. Placing novels in conversation with nonfiction writings, Native Removal Writing ranges from texts produced in response to the legal and political struggle over Cherokee Removal in the late 1820s and 1830s, to works written by African-Native writers dealing with the freedmen disenrollment crisis, to contemporary speculative fiction that links the appropriation of Native intangible property (culture) with the earlier dispossession of their real property (land). In close, contextualized readings of John Rollin Ridge, John Milton Oskison, Robert Conley, Diane Glancy, Sharon Ewell Foster, Zelda Lockhart, and Gerald Vizenor, as well as politicians and scholars such as John Ross, Elias Boudinot, and Rachel Caroline Eaton, Meyer identifies the links these writers create between historical past, narrative present, and political future. Native Removal Writing thus testifies to both the ongoing power of Native Removal writing and its significance as resistance.
The Americans With Disabilities Act (ADA) is grounded in the human rights perspective. Like other civil rights legislation, the ADA is aimed at an oppressed group, persons with disabilities, who have been denied equal opportunities to participate in the larger society. As Pardeck makes clear, the goal of ADA, ending discrimination against people with disabilities in all facets of American life, is aligned with the philosophies and traditions of the social work profession. Pardeck provides a detailed overview and analysis of the ADA that will help professional social workers as well as students entering the field realize the full significance of the new rights and protections extended to people with disabilities. He also provides specific case studies and examples to illustrate the range of opportunities afforded the disabled and their advocates.
In the context of the continuous advance of information technologies and biomedicine, and of the creation of economic blocs, this work analyzes the role that data protection plays in the integration of markets. It puts special emphasis on financial and insurance services. Further, it identifies the differences in the data protection systems of EU member states and examines the development of common standards and principles of data protection that could help build a data protection model for Mercosur. Divided into four parts, the book starts out with a discussion of the evolution of the right to privacy, focusing on the last few decades, and taking into account the development of new technologies. The second part discusses the interaction between data protection and specific industries that serve as case studies: insurance, banking and credit reporting. The focus of this part is on generalization and discrimination, adverse selection and the processing of sensitive and genetic data. The third part of the book presents an analysis of the legislation of three EU Member States (France, Italy and UK). Specific elements of analysis that are compared are the concepts of personal and anonymous data, data protection principles, the role of the data protection authorities, the role of the data protection officer, data subjects' rights, the processing of sensitive data, the processing of genetic data and the experience of the case studies in processing data. The book concludes with the proposal of a model for data protection that could be adopted by Mercosur, taking into account the different levels of data protection that exist in its member states."
This book discusses and provides insight on the legal and ethical dilemmas of managing those with Fetal Alcohol Spectrum Disorder (FASD). This book provides a clear perspective for those clinicians and legal professionals who are working with those with this disorder, and correspondingly increases their understanding when arranging effective supports for this population. Historically, the primary focus on FASD has been on children. However, this is a lifelong disorder and the implications of this disorder become even more prominent and complex in adulthood. Those with this condition can struggle with impulsiveness, and a host of cognitive difficulties. This correspondingly impacts their independence and employability, and produces an elevated risk for homelessness and other residential issues, involvement in substance use, being exploited, development of behavioural issues, and subsequent legal difficulties. Their cognitive difficulties result in challenges for legal systems around the world to understand their issues, and to design appropriate remedial strategies, recommendations for treatments and supports, and even for understanding the failure of many of these individuals to be able to change their behaviours effectively. This produces various legal and ethical dilemmas, which are discussed in detail in this volume by 28 authors from Europe, New Zealand and North America. These include discussions regarding the rights of the unborn child, the alcohol industry's duty to warn, whether small amounts of alcohol during pregnancy can be condoned, and even the current use of involuntary hospitalization for addicted mothers. Other chapters discuss the need for training on FASD for front line officers, use of lies during interrogation of those with FASD, medical and legal interventions for offenders with FASD, access to diagnostic services and follow-up supports, and whether FASD can be considered a mitigating factor for sentencing. Furthermore, caregivers also provide their stories regarding the daily dilemmas that are faced in raising those with FASD.
Biobank research and genomic information are changing the way we look at health and medicine. Genomics challenges our values and has always been controversial and difficult to regulate. In the future lies the promise of tailored medical treatments and pharmacogenomics but the borders between medical research and clinical practice are becoming blurred. We see sequencing platforms for research that can have diagnostic value for patients. Clinical applications and research have been kept separate, but the blurring lines challenges existing regulations and ethical frameworks. Then how do we regulate it? This book contains an overview of the existing regulatory landscape for biobank research in the Western world and some critical chapters to show how regulations and ethical frameworks are developed and work. How should international sharing work? How design an ethical informed consent? An underlying critique: the regulatory systems are becoming increasingly complex and opaque. The international community is building systems that should respond to that. According to the authors in fact, it is time to turn the ship around. Biobank researchers have a moral responsibility to look at and assess their work in relation to the bigger picture: the shared norms and values of current society. Research ethics shouldn't only be a matter of bioethicists writing guidelines that professionals have to follow. Ethics should be practiced through discourse and regulatory frameworks need to be part of that public discourse. Ethics review should be then not merely application of bureaucracy and a burden for researchers but an arena where researchers discuss their projects, receive advice and practice their ethics skills.
Since devolution in 1999, social policy within Scotland has burgeoned. The Scottish Parliament has a range of powers in relation to key policy areas including social work, education, health, child care, child protection, law and home affairs, and housing. These powers and the existence of a distinct legal tradition in Scotland means that social work practice has developed a distinctive style, attuned to the particular needs of Scotland. Scottish distinctiveness however, has rarely been properly represented in textbooks on either social policy or social work. This innovative text offers comprehensive coverage of the discipline of social policy and its central relevance to social work, social care and related practice in Scotland. Designed to complement teaching and study associated with the new Honours degree in Social Work (Scottish Executive 2003), it fills a notable gap in the literature on this subject and will be essential reading for students, professionals and academics within a variety of health and social care occupations.
Since devolution in 1999, social policy within Scotland has burgeoned. The Scottish Parliament has a range of powers in relation to key policy areas including social work, education, health, child care, child protection, law and home affairs, and housing. These powers and the existence of a distinct legal tradition in Scotland means that social work practice has developed a distinctive style, attuned to the particular needs of Scotland. Scottish distinctiveness however, has rarely been properly represented in textbooks on either social policy or social work. This innovative text offers comprehensive coverage of the discipline of social policy and its central relevance to social work, social care and related practice in Scotland. Designed to complement teaching and study associated with the new Honours degree in Social Work (Scottish Executive 2003), it fills a notable gap in the literature on this subject and will be essential reading for students, professionals and academics within a variety of health and social care occupations.
Abortion is one of the most compelling public policy issues facing government and the public in the United States today. Most societies have enacted laws and statutes regarding abortion, and most societies have strong feelings regarding birth control and abortion. But the legal statutes and attitudes follow markedly different approaches. Simon examines how this issue is being faced in the United States, Canada, a sample of Western and Eastern European countries, Middle Eastern, African, and Latin American societies, and, among Asian countries, Japan, China, and India, along with Australia. After a brief historical introduction, Simon examines the legal statutes pertaining to abortion in the selected countries and then reviews public attitudes toward abortion based on responses to national public opinion polls. She concludes by discussing the relationships between the laws and statutes pertaining to abortion and the nations' policies vis- DEGREESDa-vis population growth and control. "Abortion" is the first volume in a series that will examine major public policy issues using an explicitly comparative approach. Each will serve as a handbook for students, researchers, and scholars, containing basic empirical data and comprehensive references on the social issue or practice under examination.
This book examines the employment arrangements of professional athletes in the Premier League football competition, the National Basketball Association competition and rugby union played at an international level. It describes the organisation and regulatory frameworks of these three professional team sports and highlights the legal, economic and regulatory factors that influence the final form of an athlete's working conditions. It provides a comparative analysis between the sports on issues such as the role of collective bargaining, wage regulation, salary caps, nationality restrictions, eligibility, player movement and the acquisition of a player's intellectual property. It discusses the approaches adopted in each sport for balancing the interests of labour and management, the problem of controlling private regulatory power in professional sport, and considers the extent to which legal or government intervention is required in an athlete's employment relationship. National law can assist players in a domestic league to secure an involvement in the determination of working conditions but it has a more limited effect in a competition organised by an international governing body. This book argues that social regulation through soft law processes at an international level may benefit athletes, consumers and sport globally. It provides a useful case example for comparison with the organisation of other professional team sports in Europe, North America and Australasia. This book is important reading for scholars and practitioners in the fields of international sports law, employment law, competition law, European law and human rights law. It is also highly recommended for students at undergraduate and postgraduate levels taking modules and courses in Sports Law or Sports Business Management. Dr. Leanne O'Leary is a dual-qualified solicitor, Senior Lecturer in Law and member of the Centre for Sports Law Research at Edge Hill University in the United Kingdom. This book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy and Dr. Antoine Duval.
This collection addresses the potential of the European Social Charter to promote and safeguard social rights in Europe. Drawing on the expertise of the ETUI Transnational Trade Union Rights expert network from across Europe, it provides a comprehensive commentary on these fundamental rights. Taking a two part approach, it offers an in-depth legal analysis of the European Social Charter as a new social constitution for Europe, investigating first the potential of the general legal frame in which the Charter is embedded. In the second phase a series of social rights which are related to the employment relation are examined in particular in light of the jurisprudence of the European Committee of Social Rights (ECSR), to demonstrate the crucial but difficult role of the Charter's supervisory bodies to secure the respect and promotion of social rights and national level, bearing in mind the reciprocal influence of other international social rights instruments. This examination is timely, given the pressure exerted on those rights during the recent period of economic crisis. Furthermore, in the light of the predominantly economic vision of Europe, such analysis is crucial. The collection is aimed at stimulating academic scrutiny and raising awareness amongst practitioners and trade unions about this important and equally necessary anchor of the social dimension of Europe in legal and political practice.
Practical Social Work Law: analysing court cases and inquiries presents legal issues associated with social work in an accessible format. It approaches the law in a way that is less daunting and more engaging by examining actual court cases and public inquiries, and explores the stories of real people and the legal and ethical dilemmas practitioners will face. The text adopts a problem-centred approach to learning by introducing the reader to key aspects of the law through a series of real-life situations; it addresses basic principles regarding the operation of the law and explores the lessons for good practice. Each chapter addresses a specific area of social work law including family breakdown, safeguarding children, youth justice, adults with disabilities, mental health and mental capacity. Landmark cases, cases drawn from the lower courts, tribunals, and ombudsman's decisions are included throughout presenting an accessible account of the application of the law. Practical Social Work Law is an essential text for undergraduate, postgraduate and recently qualified social workers who are wrestling with the complexity of the law and the professional dilemmas it poses for their practice. "This book is unusual for a law book in that it is not only a reference book but also a very readable volume...[It] is set out clearly and provides a sound basis for student social workers new to the law and a refresher for qualified practitioners." Catherine Poulter. RSW. Integrated Community Services. Carmarthenshire County Council
For the first time, the sad story of America's uranium miners and the duplicity of our government is revealed. This expert study examines, in microcosm, the political, legal, social, medical, engineering, and ethical problems that emerged when American leaders developed a nuclear arsenal to contain the Soviet Union without considering the cost this could have on innocent lives. Medical and public health personnel, policymakers and political scientists, lawyers and legal historians, and citizen watchdogs will find this account illuminating. Ball provides the context in the 1940s and 1950s for understanding the Communist hysteria that swept the country and led policymakers to develop risky nuclear technology and to engage in uranium mining and production while assuring Navajo and Mormon miners of their safety. The study analyzes the medical consequences and the etiology of cancer among miners, the politics behind radioactive policy, the miners' long legal battles, and compensatory legislation in 1990. An appendix provides a federal report about three decades of radiation experiences on U.S. citizens. A bibliography points to primary and secondary source material of note.
Psychopaths constitute less than 1% of the general population but over 20% of prison populations. They commit a disproportionate amount of crime and violence in society. Given that the economic burden of crime in the United States is estimated to be over $2.3 trillion per year, psychopaths likely constitute one of the most expensive mental health conditions known today. This volume chronicles the latest science of psychopathy and the various ways the condition intersects with the criminal justice system. From the modern techniques to assess the symptoms, to its utility in predicting violent recidivism, to the latest neuroscience youth and adults, and the most promising avenues for treatment, this volume captures the modern science of the condition and discusses ethical and legal issues surrounding psychopaths.
Patient abuse and neglect is a daily occurrence in our nation's medical and psychiatric hospitals, nursing homes, group homes, and other care facilities. But it is not just in institutional settings where at-risk adults are vulnerable. Crimes of abuse also occur in private homes, beyond the sight of regulators, medical professionals, and even family members. Using real-world examples from Joseph Bostwick's extensive career leading investigations into cases of patient abuse, "The Patient Abuse and Neglect of Our Vulnerable Adults" provides law enforcement officers, investigators, legal staff, government regulatory agencies, and care providers with the critical information they need to effectively conduct criminal and administrative investigations into allegations of patient mistreatment and neglect. It also provides families and friends with information and resources for identifying and preventing the abuse and neglect of loved ones. Today, we tend to our vulnerable adults who served our country during World War II, the generation that literally saved the world. Tomorrow, another wave of vulnerable adults awaits our care and protection. The battle against patient abuse and neglect is never-ending, and well-intentioned support and informed diligence is crucial, today and always.
With a Foreword by Dr Michal Krejza, Head of Sport Unit, Directorate-General for Education and Culture, European Commission, Brussels Much has changed since the publication of Professional Sport in the EU: Regulation and Re-regulation (edited by Andrew Caiger and Simon Gardiner, The Hague, T.M.C. Asser Press 2000). The present book explores new territory and its scope and tone reflect the maturity of the discipline of EU sports law and policy. The book seeks to balance contributions from established authorities and the best of the new generation of sports law and policy academics. New theoretical insights are revealed which accompany in particular two further sections dealing first with governance and regulatory issues (also including freedom of movement and competition law issues) and second with questions of representation. The issue of the representation of stakeholders within sports governance structures (Social Dialogue between employers/clubs and employees/players) is arguably the most significant development in the last decade and the inclusion of the word 'Representation' in the title is merited. Contributions on anti-doping, football hooliganism and sports betting are added to the book. The editing team consisted of Simon Gardiner, Leeds Metropolitan University, United Kingdom, Richard Parrish, Edge Hill University, Ormskirk, United Kingdom, and Robert Siekmann, ASSER International Sports Law Centre, The Hague, The Netherlands. This book appears in the ASSER International Sports Law Series, under the editorship of Robert Siekmann and Janwillem Soek.
This book is the first major work that addressesa core question in biomedical research: the question of acceptable risk. The acceptable level of risks is regulated by the requirement of proportionality in biomedical research law, which state that the risk and burden to the participant must be in proportion to potential benefits to the participant, society or science. This investigation addresses research on healthy volunteers, children, vulnerable subjects, and includes placebo controlled clinical trials.It represents a major contribution towards clarifying the most central, but also the most controversial and complex issue in biomedical research law and bioethics. The EU Clinical Trial Directive, the Council of Europe's Oviedo Convention (and its Additional Protocol), and national regulation in member states are covered.Itis a relevant work for lawyers andethicists, and thepractical approach makesa valuable tool for researchers and members of research ethics committees supervising biomedical research."
During the past decade, the media landscape and the coverage of sports events have changed fundamentally. Sports fans can consume the sports content of their choice, on the platform they prefer and at the time they want. Furthermore, thanks to electronic devices and Internet, content can now be created and distributed by every sports fan. As a result, it is argued that media regulation which traditionally contains rules safeguarding access to information and diversity would become redundant. Moreover, it is sometimes proposed to leave the regulation of the broadcasting market solely to competition law.This book, illustrates that media law is still needed, even in an era of abundance, to guarantee public's access to live and full sports coverage. Dealing with the impact of new media on both media and competition law this book will greatly appeal to academics and stakeholders from various disciplines, such as legal and public policy, political science, media and communications studies, journalism and European studies. Additionally it contains valuable information and points of view for policy makers, lawyers and international and intergovernmental organisations, active in media development. The book contains an up-to-date analysis and overview of the different competition authorities' decisions and media provisions dealing with the sale, acquisition and exploitation of sports broadcasting rights. Katrien Lefever is Senior Legal Researcher at IBBT - The Interdisciplinary Centre for Law and ICT (ICRI), KU Leuven, Belgium. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.
"Defining the Family: Law, Technology, and Reproduction in an Uneasy Age" provides a sweeping portrait of the family in American law from the nineteenth century to the present. The family today has come to be defined by individuality and choice. Pre-nuptial agreements, non-marital cohabitation, gay and lesbian marriages have all profoundly altered our ideas about marriage and family. In the last few years, reproductive technology and surrogacy have accelerated this process of change at a breathtaking rate. Once simple questions have taken on a dizzying complexity: Who are the real parents of a child? What are the relationships and responsibilities between a child, the woman who carried it to term, and the egg donor? Between viable sperm and the wife of a dead donor? The courts and the law have been wildly inconsistent and indecisive when grappling with these questions. Should these cases be decided in light of laws governing contracts and property? Or it is more appropriate to act in the best interests of the child, even if that child is unborn, or even unconceived? No longer merely settling disputes among family members, the law is now seeing its own role expand, to the point where it is asked to regulate situations unprecedented in human history. Janet L. Dolgin charts the response of the law to modern reproductive technology both as it transforms our image of the family and is itself transformed by the tide of social forces. |
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