Connected to the jurisprudence surrounding the copyrightability of a factual compilation, this book locates the footprints of the standard envisaged in a US Supreme court decision (Feist) in Europe. In particular, it observes the extent of similarity of such jurisprudence to the standard adopted and deliberated in the European Union. Many a times the reasons behind law making goes unnoticed. The compelling situations and the history existing prior to an enactment helps in understanding the balance that exists in a particular legislation. While looking at the process of enacting the Database Directive (96/9/EC), this book reflects upon the concern that was expressed with the outcome of Feist decision in Europe.

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 ombudsmans 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

This book analyzes the effect of policy on the digital game complex: government, industry, corporations, distributors, players, and the like. Contributors argue that digital games are not created nor consumed outside of the complex power relationships that dictate the full production and distribution cycles, and that we need to consider those relationships in order to effectively "read" and analyze digital games. Through examining a selection of policies, e.g. the Australian government's refusal (until recently) to allow an R18 rating for digital games, Blizzard's policy in regards to intellectual property, Electronic Arts' corporate policy for downloadable content (DLC), they show how policy, that is to say the rules governing the production, distribution and consumption of digital games, has a tangible effect upon our understanding of the digital game medium.

The Internet brings opportunity and peril for media freedom and freedom of expression. It enables new forms of publication and extends the reach of traditional publishers, but its power increases the potential damage of harmful speech and invites state regulation and censorship as well as manipulation by private and commercial interests. In jurisdictions around the world, courts, lawmakers and regulators grapple with these contradictions and challenges in different ways with different goals in mind. The media law reforms they are adopting or considering contain crucial lessons for those forming their own responses or who seek to understand how technology is driving such rapid change in how information and opinion are distributed or restricted. In this book, many of the world's leading authorities examine the emerging landscape of reform in nations with variable political and legal contexts. They analyse developments particularly through the prisms of defamation and media regulation, but also explore the impact of technology on privacy law and national security. Whether as jurists, lawmakers, legal practitioners or scholars, they are at the front lines of a story of epic change in how and why the Internet is changing the nature and raising the stakes of 21st century communication and expression.

Priests of Our Democracy tells of the teachers and professors who battled the anti-communist witch hunt of the 1950s. It traces the political fortunes of academic freedom beginning in the late 19th century, both on campus and in the courts. Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy. The crushing of dissent in the 1950s impoverished political discourse in ways that are still being felt, and First Amendment academic freedom, a product of that period, is in peril today. In compelling terms, this book shows why the issue should matter to everyone.

On 1 December 2009 the Treaty of Lisbon entered into force. Although often described as primarily technical, it significantly amended the Treaty on the European Union (TEU) and the old EC Treaty (now the Treaty on the Functioning of the European Union, TFEU). The authors' aim in this book is to explore what the Treaty means for social law and social policy at the European level. The first part of the book on the general framework looks - at a time of financial crisis - for new foundations for Europe's Social market economy, questions the balance between fundamental social rights and economic freedoms, analyses the role of the now binding Charter of Fundamental Rights, maps the potential impact of the horizontal clauses on social policy and addresses the possibilities for social partners to enlarge their role in labour law and industrial relations. The second part, on the social framework of the Treaty, focuses on the development of the Union's competences. In it the authors evaluate the consequences of the new general framework on social competences, analyse the evolution of the principle of subsidiarity and its impact in the new Treaty, look at the coordination of economic policies in the light of fundamental rights, and analyse the adoption in the Treaty of a new architecture for services of general interest.

This book offers comprehensive, easy to understand guidance for medical device technology innovators on how to work through the United States FDA regulatory review process, while also providing insight on the various intellectual property concerns that many medical device innovators face. In the first portion of this book, readers are introduced to important concepts concerning FDA compliance for medical devices, as well as strategies for successfully navigating the FDA regulatory review process. Specifically, the first portion discusses the expansive range of medical devices and then walks through the most common routes to market: the PMA and 510(k) application processes. In the second portion of this book, readers are introduced to the various types of intellectual property rights that are available for medical device technology inventions and innovations, and can explore ways to overcome unique intellectual property challenges faced by many medical device technology innovators. In the third portion of the book, specific strategies are discussed to navigate the interface between the FDA regulatory process and the process of obtaining intellectual property protection. This book also includes a number of descriptive examples, case studies and scenarios to illustrate the topics discussed, and is intended for use by medical device designers, developers and innovators.

Social justice and the market economy often seem to be on a collision course. Human dignity and equal treatment are of little commodity value. More and more, however, labour law theorists are insisting that, without more serious attention to human rights in the workplace, the dominance of market-driven economics will continue to engender grave and potentially explosive social problems. This collection of essays -- composed in honour of the leading labour law and social security jurist Ruth Ben-Israel -- offers incisive perspectives on this vital aspect of today's post-industrial society. Featuring the most recent views of a virtual who's who of major labour law authorities, the book includes in-depth analyses of such important aspects of the field as the following: + workplace representation; + safety and health at work; + labour conflicts; + labour courts; + the ILO supervisory system; + right to strike; + employee privacy; + enterprise reorganisation; and + treatment of blue collar vs. white collar workers. All issues are treated from a comparative legal viewpoint, with valuable contributions from Germany, Italy, Belgium, the Netherlands, the United Kingdom, the United States, Israel, and Japan. Ruth Ben-Israel is notable for her commitment -- as teacher, writer, and international advisor - to the continuity and expansion of social justice as the welfare state has increasingly succumbed to the pressure of the corporate-driven global economic model. Her extensive body of work emphasizes collective bargaining, strikes and lockouts, workers' participation, equal employment opportunity (especially for women), and unfair dismissal. Labour Law, Human Rights and Social Justice is a faithful and fitting tribute from her colleagues to her determination and eloquence in pursuing this most worthy of goals.

In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute's research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues - such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration - that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.

The volume explores the consequences of recent events in global Internet policy and possible ways forward following the 2012 World Conference on International Telecommunications (WCIT-12). It offers expert views on transformations in governance, the future of multistakeholderism and the salience of cybersecurity. Based on the varied backgrounds of the contributors, the book provides an interdisciplinary perspective drawing on international relations, international law and communication studies. It addresses not only researchers interested in the evolution of new forms of transnational networked governance, but also practitioners who wish to get a scholarly reflection on current regulatory developments. It notably provides firsthand accounts on the role of the WCIT-12 in the future of Internet governance.

New edition of our best-selling book which helps social workers gain a comprehensive understanding of how to achieve best practice in applying the Care Act 2014. It covers the key stages of the 'care and support journey' - first contact, assessment of needs, prevention, consideration of eligibility, charging and financial assessment, care and support planning, and review. In addition, other chapters look at significant issues such as safeguarding and working with NHS colleagues. The core aims are to provide the following: a solid foundation for social work students in developing a critical understanding of the Care Act and its application, the material to help experienced social workers with developing the critical reflection necessary to enhance their ability to make professional judgements a source of reference which social workers can use to evaluate their local systems, policies and procedures. The second edition also provides practice examples of mistakes that have been made in applying the Care Act and the statutory guidance. It sets out more considered description of how social workers might apply the statutory guidance on personal budgets.

How should disability justice be conceptualised, not by orthodox human rights or capabilities approaches, but by a legal philosophy that mirrors an African relational community ideal? This book develops the first comprehensive answer to this question through the contemporary literature on African philosophy, which is relied upon to construct a legal philosophy of disability justice comprising of ethical ideals of community, human relationships and obligations. From these ideals, an African legal philosophy of disability justice is offered as a criterion for critically evaluating existing laws, legal and political institutions, as well as providing an ethical basis for creating new ones to ensure that they are inclusive to people with disabilities. In taking an alternative perspective on the subject, the book outlines and emphasises the need for a new public culture of obligations owed to people with disabilities, highlighting both the prospects and difficulties of achieving the ideal of disability justice that continues to elude the lived experiences of millions of Africans today. Oche Onazi's An African Path to Disability Justice is the first book-length exploration of disability in the light of African ethics, as contrasted with the human rights and capabilities frameworks. Of particular interest are Onazi's thoughtful reflections on how various conceptions of community salient in African moral philosophy--including group-based, reciprocal and relational--bear on what we owe to the disabled. --Thaddeus Metz, Distinguished Professor, University of Johannesburg

Under articles 149 (education) and 150 (vocational training) of the European Union Treaty, the EU has competence to complement the education systems of Member States. This book not only explores the nature and likely extent of that competence, but investigates other ways in which education law and policy may grow at the European level. Beginning with a detailed analysis of EU law and policy in this area and how it has developed, the author identifies the maximum extent Community education and vocational training competencies may reach under Articles 149 and 150. Although the Community may indeed implement education and vocational training policies with a very wide content, the kind of action it may carry out in these fields is limited by the nature of the competence it has received. However, "Towards an EU Right to Education" goes on to investigate whether Community education and vocational training competencies may have a distinct parallel evolution outside the framework of the two Articles in question. Focusing on the issues of individual educational and training rights under Community law, the author shows that the development of education and vocational training competencies may still occur in the context of European citizenship, free movement and equal treatment. This approach to the issue of education is clearly affirmed by the recent consolidation of a right to education in the Charter of Fundamental Rights of the European Union - a step which strongly implies the transnational application of a national right to education.

This book is a comprehensive, practice-oriented guide to the evidentiary regime under the 2015 World Anti-Doping Code (WADC) including the functioning of the Athlete Biological Passport. It is the first to show how the interplay between science and law affects the collection and evaluation of evidence in anti-doping, and how paradigm shifts in anti-doping strategies may modify evidentiary assumptions implicit to the WADC regime. Unique in its dealing with the subtleties of anti-doping science and legal implications, the book gives lawyers involved in anti-doping the keys to a better understanding of the science underlying the WADC regime, while providing anti-doping scientists with the first reference material to understand the legal framework in which their activities are embedded. The emphasis of the book is on international doping cases and it relies predominantly on CAS awards published up to Spring 2015. Written by an experienced Swiss lawyer it provides an insight into the Swiss legal system and its importance for the legal practice in doping matters. Marjolaine Viret is an attorney-at-law in Geneva, Switzerland, specialising in sports and health law. She has gained significant experience in sports arbitration as a senior associate in one of Switzerland's leading law firms. She also holds positions within committees in sport, in particular as a member of the UCI Anti-Doping Commission. Ms Viret had her doctorate on anti-doping approved summa cum laude in 2015. She participates as a researcher in a project for a commentary of the 2015 WADC funded by the National Science Foundation and is regularly invited to lecture or speak in various fields of sports law. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Dave McArdle, Prof. Dr. Ben Van Rompuy and Marco A. van der harst LL.M.

This book addresses the role of public policy in regulating the autonomous artificial intelligence and related civil liability for damage caused by the robots (and any form of artificial intelligence). It is a very timely book, focusing on the consequences of judgment proofness of autonomous decision-making on tort law, risk and safety regulation, and the incentives stemming from these. This book is extremely important as regulatory endeavours concerning AI are in their infancy at most, whereas the industry's development is continuing in a strong way. It is an important scientific contribution that will bring scientific objectivity to a, to date, very one-sided academic treatment of legal scholarship on AI.

The exponential growth of disruptive technology is changing our world. The development of cloud computing, big data, the internet of things, artificial intelligence, machine learning, deep learning, and other related autonomous systems, such as self-driving vehicles, have triggered the emergence of new products and services. These significant technological breakthroughs have opened the door to new economic models such as the sharing and platform-based economy. As a result, companies are becoming increasingly data- and algorithm-driven, coming to be more like "decentralized platforms". New transaction or payment methods such as Bitcoin and Ethereum, based on trust-building systems using Blockchain, smart contracts, and other distributed ledger technology, also constitute an essential part of this new economic model. The sharing economy and digital platforms also include the everyday exchange of goods allowing individuals to commodify their surplus resources. Information and innovation technologies are used in order to then match these resources with existing demand in the market. Online platforms such as Airbnb, Uber, and Amazon reduce information asymmetry, increase the value of unused resources, and create new opportunities for collaboration and innovation. Moreover, the sharing economy is playing a major role in the transition from exclusive ownership of personal assets toward access-based exploitation of resources. The success of online matching platforms depends not only on the reduction of search costs but also on the trustworthiness of platform operators. From a legal perspective, the uncertainties triggered by the emergence of a new digital reality are particularly urgent. How should these tendencies be reflected in legal systems in each jurisdiction? This book collects a series of contributions by leading scholars in the newly emerging fields of sharing economy and Legal Tech. The aim of the book is to enrich legal debates on the social, economic, and political meaning of these cutting-edge technologies. The chapters presented in this edition attempt to answer some of these lingering questions from the perspective of diverse legal backgrounds.

This book offers a new and differentiated overview of Agri-Food Law against the background of national and global integration of markets, and compares for the first time important aspects of the agricultural, environmental and food law of China and Germany / the European Union. In addition to the basics, it discusses a wide range of issues, such as the respective legal regulatory structures for food security, food safety, geographical indications of origin, climate protection, fertilizers, plant protection products, genetic engineering, water protection, soil protection, land resources and organic farming. In addition, it addresses key environmental impacts and developments in order to create integrated value chains. The increasing fusion of upstream and downstream areas is becoming apparent from primary production, to the refinement and trade up level, and even to consumption. Agri-Food Law is now productively taking these important developments into account with regard to the aforementioned countries.

In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prum, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.

One of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both the international and regional level are directly applicable to national legal systems. Also, norm creation is no longer the exclusive prerogative of public officials of the state: private actors have an increasing influence on norm creation as well. Social scientists have referred to this phenomenon of interacting and overlapping competences as multilevel governance. Only recently have legal scholars focused attention on the increasing interconnectedness (and therefore the concomitant loss of primacy of national legal orders) between the global, European and national regulatory spheres through the concept of multilevel regulation.

In this project the author uses multilevel regulation as a term to characterize a regulatory space in which the process of rule making, rule enforcement and rule adjudication (the regulatory lifecycle) is dispersed across more than one administrative or territorial level and amongst several different actors, both public and private. The author draws on the concept of a regulatory space, using it as a framing device to differentiate between specific aspects of policy fields. The relationship between actors in such a space is non-hierarchical and they may be independent of each other. The lack of central ordering of the regulatory lifecycle within this regulatory space is the most important feature of such a space. The implications of multilevel regulation for the notion of legal certainty have attracted limited attention from scholars and the demand for legal certainty in regulatory practice is still a puzzle. The book explores the idea of legal certainty in terms of the perceptions and expectations of regulatees in the context of medical products - specifically, pharmaceuticals and medical devices, which can be differentiated as two regulatory spaces and therefore form two case studies. As an exploratory project, the book necessarily explores new territory in terms of investigating legal certainty first in terms of regulatee perceptions and expectations and second, because it studies it in the context of multilevel regulation.

This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.

David Saari provides an extended essay on the nature of freedom in contemporary America, its historical roots, and its present-day manifestations. Drawing on the fields of history, law, politics, business, and philosophy, this wide-ranging study examines three facets of freedom--national freedom, freedom from the state, and freedom within the state--as they have developed in American law, politics, and society. Each of these facets is carefully defined and then applied to such contemporary issues as authority, property, equality, justice, and privacy.

Organ transplantation is a much-discussed subject, and the importance of living organ donation is increasing significantly. Yet despite all efforts, too few donor organs are available to help all patients in need. This book analyses whether the national legal regulations are also partly responsible for the organ shortage in the Member States of the European Union. In addition to a detailed analysis of the various national regulations, the main arguments in favour of and against legal restrictions on living organ donation are considered. Furthermore, the European Union's authority is investigated, namely, whether it is entitled to establish statutory provisions for the Member States with respect to a harmonized regulation of living organ donation. Based on the results of the analysis, the author establishes a Best Practice Proposal for living organ donation.