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Books > Law > Laws of other jurisdictions & general law > Social law > General
With a Foreword by Viviane Reding, EU Commissioner for Education and Culture The European Union and Sport: Legal and Policy Documents is the first volume in the T.M.C. Asser Institute series of collections of documents on international sports law containing material on the intergovernmental (interstate) element of international sports law. Previous volumes have dealt with the Statutes and Constitutions of universal sports organizations, their Doping as well as their Arbitral and Disciplinary Rules. The legal and policy texts in the present book are arranged in thematical, alphabetical order and are chronologically subordered per theme. They cover the period since the Walrave judgement in 1974 when the European Court of Justice established that sport is subject to Community law to the extent that it constitutes an economic activity. The book in fact gives a detailed insight into what could be called the 'EU Sport Acquis' for the present and future (candidate) Member States. This acquis has been developed over the years in numerous decisions and policy documents by, in particular, the Council, Commission, European Parliament and Court of Justice. The contents of this book are divided into three parts totalling twenty chapters and covering all themes which the EC/EU has dealt with so far. The General part contains general policy documents such as, for example, the European Model of Sport and the so-called Helsinki Report on Sport. Specific Subjects concern Boycott, Broadcasting (in particular the Television without Frontiers Directive), Community Aid and Sport Funding (for example, the Eurathlon Programme), Competition (central selling of tv rights regarding the UEFA Champions League, the German Bundesliga, the English Premier League, etc., Formula One, World Cup ticketing arrangements, players' agents), Customs, Diplomas (Heylens), Discrimination (Walrave, Dona, Kolpak, and including Women in sport), Doping (Community Support Plan and Pilot Project for Campaigns to Combat Doping in Sport), Education / Youth (European Year of Education through Sport 2004, and documents concerning child protection in sport and trafficking in young footballers), the freedom of establishment to provide services (Deliege) and of movement of workers (Bosman, Lehtonen), the Olympic Games, State Aid, Tax, Tobacco Advertising, Trade Marks (Arsenal/Reed), Vandalism and Violence (football hooliganism) and Miscellanea (Fishing, Horses, Hunting, etc.). The European Union and Sport: Legal and Policy Documents provides an invaluable source of reference for governmental and sports officials, legal practitioners and the academic world. With the increasing public interest in the legal aspects of sports, this collection of documents is a timely and welcome contribution to enhancing the accessibility of basic texts on international sports law and policy.
"This book is motivated, to a large extent, by some recent troubling developments in public discourse, namely the developments in information, misinformation and disinformation practices. From the beginning of history, various and diverse means or channels of communication have been used to inform, misinform (unintentionally) and disinform (deliberately). However, in recent decades, the emergence and development of new information and communications technologies (ICT), combined with the ever-increasing digitalisation and globalisation of almost every aspect of modern life, among others, have opened up new and uncharted avenues to that end. This book therefore focuses on disinformation practices occurring with the help of digital media as these practices bring to the fore profound negative ramifications for the functioning of a democratic polity. " - from the Introduction by the editors "It would be pleasant to think that democracies will always wake up to their threats - internal and external - and heal themselves in good time before it is too late. [...] Yet, it is not too late to find public policy solutions which can restore information technologies to their original role of facilitators of democracy rather than their undertakers. But the timeframe is closing and we need these solutions sooner rather than later. This is why the present volume of expert analyses bringing together many academics arrives at just the right time. It aspires to deepen our understanding of the dangers of fake news and disinformation, but also charts well informed and realistic ways ahead. To my mind, it is certainly one of the most comprehensive and useful studies of this topic to date and I recommend it to the general reader as much as to the policy-maker as a reliable guide and mentor." - from the Foreword by Prof. Dr. Jamie Shea, Vesalius College, Brussels
Patenting Nanomedicines: Legal Aspects, Intellectual Property and Grant Opportunities focusses on the fundamental aspects of Patenting Nanomedicines applied in different Drug Delivery and Targeting Systems . The promoters of new findings in this field of research are numerous and spread worldwide; therefore, managing intellectual property portfolios, and the acquisition and exploitation of new knowledge face several contingency factors. Today, the scientific community is discussing issues of economic outcomes in the field of Nanomedicines. Major concerns include questions as to whether the research groups, academics, industry and other stakeholders should work in unison or independently, if innovation or adaptation of new technology should be prioritized, public versus private research funding, and safeguarding versus sharing knowledge. However, despite its increasing importance for humankind, it is a matter of concern as to whether technological development can really be stimulated by patent protection. An intellectual property strategy should aim to develop a qualitative patent portfolio for continuous learning. This book addresses questions of ethics, socio-political policies and regulatory aspects of novel Nanomedicine-based products which are currently under development for the diagnosis and treatment of different types of diseases. It is divided in two parts Part I is composed of the first 3 chapters, which focus on the fundamentals of legal aspects, emerging threats, advantages and disadvantages of patenting Nanomedicines, whereas Part II collects 12 chapters discussing different types of Nanomedicine-based products, their potential marketing aspects and patent protection. Whenever applied, each chapter offers a list of patents, based on a specific application in drug delivery and targeting. An outstanding team of 53 authors have contributed to this book, which will be of interest to professionals from the field of patent examiners, academics, researchers and scientists, students and other practitioners.
In this analysis of the regulation of art by law,Dr. Kearns has produced an innovative treatise with both practical and jurisprudential implications. He examines the treatment of art within seven distinct traditional legal subjects, namely obscenity law, copyright law, libel law, the public funding of art, the law of charitable trusts, customs law and the law on the movement of national treasures, identifying in each the specialised problems law faces, not least given the lack of a universally acceptable definition of art. Based primarily on English law, the text achieves an added richness by a comparative dimension including French, American and European Union Law. In this way a unitary idea of how law tackles its operation on art is achieved. This is the first monograph on the holistic treatment of art law in the United Kingdom.
"Political Freedom" describes the liberties and rights of persons to take action which is deliberately designed to influence and affect public purposes: in particular government policy, the law and public opinion. Howard Davis looks at how the presence of political motives, when balanced against other motives, affects the legal character of the action, and asks why common law and statute should differentiate the political from the non-political. The book makes a contribution to the debate on the effectiveness of democracy in the United Kingdom in relation to the right to act politically and to participate in the political process of the nation, a human right as defined by the International Covenant on Civil and Political Rights and the European Convention on Human Rights.
Quality control in pharmaceutical products and medical devices is vital for users as failing to comply with national and international regulations can lead to accidents that could easily be avoided. For this reason, manufacturing a quality medical product will support patient safety. Microbiologists working in both the pharmaceutical and medical device industries face considerable challenges in keeping abreast of the myriad microbiological references available to them and the continuously evolving regulatory requirements. Quality Control Applications in the Pharmaceutical and Medical Device Manufacturing Industry presents the importance of quality control in pharmaceutical products and medical devices, which must have very high-quality standards to not cause problems to the health of patients. It reinforces and updates the knowledge of analytical, instrumental, and biological methods to demonstrate the correct quality control and good manufacturing practice for pharmaceutical products and medical devices. Covering topics such as pharmaceutical nano systems, machine learning, and software validation, this book is an essential resource for managers, engineers, supervisors, pharmacists, chemists, academicians, and researchers.
In Outrageous Invasions: Celebrities' Private Lives, Media, and the
Law, Professor Robin D. Barnes examines the role and nature of
privacy in Western democracies. Celebrities are routinely subjected
to stalking, harassment, invasion of privacy, and defamation. These
occurrences are often violations of their constitutional rights.
Professor Barnes addresses growing concerns about the widespread
immunity from liability enjoyed by United States tabloid
publishers. Outrageous Invasions chronicles these experiences and
the legal battles waged by celebrities in both the United States
and European Union against a press corps that continuously invades
their private lives.
Just how fascinating the discussion between the disciplines of education law and education policy can be was apparent at the a Annual Congress of the European Education Law and Policy Association (ELA) in Rotterdam in December 1997. Although, on this occasion, the option was for an education policy subject, a multidisciplinary approach is always to be preferred. Policy-makers interrogate lawyers; lawyers question scientists from other fields of study and lines of practice. It was, at the same time, a further illustration of how inspiring and productive - in the context of the European Union at any rate - comparative analyses can be for national and international education and social policy. The theme of the 1997 Congress and consequently of this Yearbook, was urban education policy and its legal form as the touchstone of the modern interpretation of individual and social rights. This collection of thought-provoking essays and country reports thus centres on the question: what challenges for education do urban associations represent?
This collection of essays on feminist perspectives of equity and trusts is particularly pertinent due to the ongoing legislative reform of trusts as well as constitutional resettlement and devolution. While feminist legal scholars have focused in depth upon many areas of law and the legal system, equity has received relatively little attention, making this collection a particularly important contribution. The contributors critically note the interstices of the development of equity which express its impact on women and, sometimes, its expression of values associated with women.
Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. People with lifelong or subsequently developed impairments of capacity move cross-border or have property or family interests or connections spread across different jurisdictions. This new work fills a gap in a specialist market for a detailed work advising lawyers on all the considerations in these situations. The book provides a clear, comprehensive, and unique overview of all relevant capacity and private international law issues, and the existing solutions in common law and civil law jurisdictions and under Hague Convention XXXV. It sets out the existing law of various important jurisdictions, including detailed chapters on the constituent parts of the UK, Ireland, Jersey, the Isle of Man and the Hague 35 states; and shorter chapters on 26 Non-Hague states and those within federal states, including coverage of the United States, several Australian and Canadian states, and a number of other Commonwealth jurisdictions. Containing a number of helpful case studies and flowcharts, the book draws upon the expertise of the editors in their respective fields, together with detailed contributions from expert practitioners and academics from each relevant jurisdiction. All the editors and many of the contributors and correspondents are members of STEP.
The book is an introduction to sports law, in particular International (worldwide) and European (EU) sports law. The chapters are all put in the perspective of the innovative sports law doctrine that is developed and presented in the opening chapter on what sports law is. After a general coverage of the core concept of "sport specificity" (that is whether private sporting rules and regulations can be justified notwithstanding they are not in conformity with public law), the book covers the following specific main themes of International and European Sports Law (capita selecta): comparative sports law; competition law and sport; the collective selling of TV rights; sports betting; Social Dialogue in sport; sport and nationality; professional football transfer rules; anti-doping law in sport; transnational football hooliganism in Europe; international sports boycotts. In this book association football ("soccer") is the sport that is by far most on the agenda. It is the largest sport in the world and most popular all over the globe. The elite football in Europe is a day-to-day commercialized and professionalized industry, which makes it a perfect subject of study from an EU Law perspective.
Foreword by Randy E. BarnettIn 2012, the United States Supreme Court became the centre of the political world. In a dramatic and unexpected 5-4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama. On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's legacy",his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional. Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey,including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's unprecedented" law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.
This study, by two leading scholars in the field, draws on feminist theory and science and technology studies to uncover a basic injustice for the human rights of drug-using women: most women who need drug treatment in the US and UK do not get it. Why not?
This book demonstrates how the Thalidomide catastrophe of the 1960s and the BSE crisis of the 1990s led to regulatory regimes for pharmaceuticals and foodstuffs in Europe. However, the developmental paths of these regimes differ - and so does the efficiency and legitimacy of regulatory policy-making.
The labour law applicable to the education environment is comprehensive and covers a vast variety of aspects that everyone within that environment will encounter at one time or another. In the past, most employees in education may have had a vague understanding of particular laws and regulations regarding conditions of employment, but now it is essential to have a basic understanding of all relevant laws and regulations that apply. Teachers, especially, could find themselves in a proverbial minefield if they do not ensure that they have a working knowledge of education law. This is evidenced by the numerous lawsuits, disputes, mediations, disciplinary hearings and often unpleasant implications for individuals (and their families) that arise from charges against offenders in all sectors of education. Legislative changes resulting from altered circumstances in education have led to the need to be constantly aware of the implications and applications of such changes. This urgent need applies not only to principals, but to everyone involved in education. On the one hand the responsibility for correct application and implementation of education legislation lies with the governing body and the head of an institution, but on the other hand it affects the people who work there. The authors of this book have a keen understanding of this vital need, and address it most effectively from their own invaluable experience that stems from practical involvement and thorough research in the field of education. A sound working knowledge of all the aspects that are addressed in this book undoubtedly improves the quality of teaching and learning in the classroom - a critical goal that needs to be pursued. It also creates a safer environment in which everyone can operate. I am personally very grateful for the contribution that this handy guide makes to the ultimate quality of education in South Africa.
The practices and technologies of evaluation and decision making used by professionals, police, lawyers and experts are questioned in this book for their participation in the perpetuation of historical forms of colonial violence through the enforcement of racial and eugenic policies and laws in Canada.
Do doctors fix patients? Or do they heal them? For all of modern medicine's many successes, discontent with the quality of patient care has combined with a host of new developments, from aging populations to the resurgence of infectious diseases, which challenge medicine's overreliance on narrowly mechanistic and technical methods of explanation and intervention, or "fixing' patients. The need for a better balance, for more humane "healing" rationales and practices that attend to the social and environmental aspects of health and illness and the experiencing person, is more urgent than ever. Yet, in public health and bioethics, the fields best positioned to offer countervailing values and orientations, the dominant approaches largely extend and reinforce the reductionism and individualism of biomedicine. The collected essays in To Fix or To Heal do more than document the persistence of reductionist approaches and the attendant extension of medicalization to more and more aspects of our lives. The contributors also shed valuable light on why reductionism has persisted and why more holistic models, incorporating social and environmental factors, have gained so little traction. The contributors examine the moral appeal of reductionism, the larger rationalist dream of technological mastery, the growing valuation of health, and the enshrining of individual responsibility as the seemingly non-coercive means of intervention and control. This paradigm-challenging volume advances new lines of criticism of our dominant medical regime, even while proposing ways of bringing medical practice, bioethics, and public health more closely into line with their original goals. Precisely because of the centrality of the biomedical approach to our society, the contributors argue, challenging the reductionist model and its ever-widening effects is perhaps the best way to press for a much-needed renewal of our ethical and political discourse.
Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined 'responsive legality'. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and - towards the end of the century - the logics of 'new managerialism', the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.
The first work of its kind to present a comprehensive survey of landmark court decisions on educational adequacy and equity claims and their impact on public school reform. In Educational Adequacy and the Courts: A Reference Handbook, education researcher Elaine Walker presents an in depth analysis of pivotal court cases and their impact on educational adequacy and reform, illuminating the inherent challenges of redressing long-standing problems associated with state funding mechanisms for K-12 education. In addition to an eye opening, state-by-state discussion of court rulings and their effect on education, Walker covers such topics as the moral imperative for educational reform, the failure and success of federal and state reform efforts, and the historical importance of school finance litigation in the reform of school systems in high poverty areas. The work also highlights alternative ways in which improvement can be approached and sheds light on the overall complexities of setting educational policy. Coverage of pivotal court decisions such as Abbott v. Burke, Rose v. Council of Education, and Alabama Coalition for Equity, Inc. v. Hunt Directory of organizations, associations, and agencies involved in educational adequacy issues and school reform |
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