This timely Research Handbook offers significant insights into an understudied subject, bringing together a broad range of socio-legal studies of medicine to help answer complex and interdisciplinary questions about global health - a major challenge of our time. Interdisciplinary chapters explore both how the terrain of medicine can generate new questions about law, regulation and the state, and how the law intersects with health and medicine at every level. Bringing together leading international scholars, the Research Handbook assembles concrete case studies to suggest avenues for further research on socio-legal inquiries, such as the construction of disorders by law, the reparation of injuries, and how race and gender impact justice. The Research Handbook for Socio-Legal Studies of Medicine and Health will be an inspiring read for researchers, academics and graduate students in the fields of health law, socio-legal studies, and gender and sexuality. Contributors include: P. Arcidiacono, J. Barbot, L. Barrera, E. Bernheim, E. Brennan, B. Can, E. Chiarello, E. Cloatre, V. De Greef, N. Dodier, A. Doll, J. Edwards, A.-M. Farrell, J.A. Hamilton, R. Harding, J. Harrington, H.R. Hlavka, C.W.-L. Ho, K. Hoeyer, I. Iyioha, M.-A. Jacob, V. Karavas, A. Kirkland, J. Metzl, D. Moore, C. Morrill, L. Mulcahy, S. Mulla, T. Phillips, J. Piemonte, R. Singh, M. Suchman, M. Thomson, S. Westwood

The second edition of this comprehensive Handbook presents new and significantly revised chapters by leading scholars and practitioners in the burgeoning field of international sports law. National, regional and comparative dimensions of sports law are emphasized throughout, exploring a wide range of issues emerging in sports law today. Approaching international sports law through three converging frameworks, this Handbook examines the institutions of international sport, the eligibility rights and protections of athletes, as well as the commercial side of international sport. New topics discussed in this edition include concussions, EU antitrust and other regulation of sport, review of awards by the Court of Arbitration for Sport (CAS), college and university athletics, league and team restrictions on athlete movement, taxation of athletes and sports as cultural heritage. Covering some of the most controversial and cutting-edge issues in international sports law, this timely Handbook will prove invaluable for academics and students of sports law, sports management, international law and comparative law. With a global scope, the Handbook will also prove a vital resource to practicing lawyers, players' agents, senior executives and other professionals within the sports industry.

This volume considers the important and timely question of criminal justice as a method of addressing state violence committed by non-democratic regimes. The book's main objectives concern a fresh, contemporary, and critical analysis of transitional criminal justice as a concept and its related measures, beginning with the initiatives that have been put in place with the fall of the Communist regimes in Europe in 1989.The project argues for rethinking and revisiting filters that scholars use to interpret main issues of transitional criminal justice, such as: the relationship between judicial accountability, democratisation and politics in transitional societies; the role of successor trials in rewriting history; the interaction between domestic and international actors and specific initiatives in shaping transitional justice; and the paradox of time in enhancing accountability for human rights violations. In order to accomplish this, the volume considers cases of domestic accountability in the post-1989 era, from different geographical areas, such as Europe, Asia and Africa, in relation to key events from various periods of time. In this way the approach, which investigates space and time-lines in key examples, also takes into account a longitudinal study of transitional criminal justice itself.

Written by an experienced European Patent Attorney and scholar, this book sets out in detail the framework for protection of pharmaceutical innovation under the SPC Regulation. With a focus on both biotechnological innovation and secondary innovation, and through extensive reference to the case law, Ulla Klinge surveys the court's evolving interpretation of legal and technical eligibility for this extended term of protection. This book provides clear and pragmatic tools to reflect and guide future practice, while offering key explanations and insights as to why and how technological developments challenge the legal SPC framework. Key Features: Broad, practitioner-oriented approach offers a useful source of reference alongside practical guidance Analysis of SPC case law in light of developments in pharmaceutical technology, including both legal and technical aspects of the cases Examination of the lack of clarity in interpretation of the legislation and how this might be exploited by stakeholders Pharmaceutical Patents under the SPC Regulation is an indispensable practical resource for patent law practitioners, including patent attorneys and attorneys-at-law in the SPC field. It will also prove useful to national patent authorities, legislators, and academics working at the intersection between pharmaceuticals and legal research.

Aspects of education law provides a comprehensive description and analysis of the laws that currently inform, prescribe and influence the activities of educators and education managers, whether on the sports fields or in the boardroom, at the blackboard or behind a desk. This fourth edition of Aspects of education law places emphasis on the legal aspects that pertain to learner misconduct in South African schools, with extended chapters on human rights and school governance, and has been thoroughly updated in terms of new legislation and case law. It includes discussions of the position of the child as legal subject, the educator's duty of care and the administrative aspects of school management.

This comprehensive book provides a detailed survey and practical examination of a wide range of legal and regulatory topics in HealthTech. Combining the insights of leading healthcare experts from around the world, chapters first examine the key characteristics, use cases and regulation in the field, before turning to the development and potential applications of cutting-edge technologies in healthcare. The book also addresses the main issues involved in setting up and running a HealthTech business, highlighting the vital role this will play in developing the technologies and skill sets required for the future of the sector. Key features include: analysis of the impact of emerging innovations on the accessibility, efficiency and quality of healthcare and its effects on healthcare providers examination of artificial intelligence, blockchain and digital identity applications in healthcare, alongside associated regulatory challenges guidance on the financial requirements of healthcare start-ups at different stages of growth and various collaboration and partnership models in the HealthTech market discussion of the major regulatory questions affecting the HealthTech industry, from data protection, public procurement and product liability, to the regulation of medical devices, intellectual property and advertising. HealthTech: Law and Regulation will be an invaluable resource for both in-house lawyers in the healthcare and pharmaceutical sectors, as well as those working for law firms practising in these areas. It will also be of interest to academics and students teaching or researching in healthcare law.

This timely book discusses the application of the EU competition rules to pharmaceuticals, covering the prohibitions on anticompetitive agreements and abuse of dominance, and merger control. The author team comprises academic experts and private practitioners who analyse recent case law at both EU (and UK) and Member State levels - in the context of current issues and future trends, including those related to COVID-19 - and examine the impact of competition law on the behaviour of the pharmaceutical industry. The book carefully considers the balance between competition and innovation, as well as between competition and regulation. It concludes that competition and regulation are not alternatives, but complementary, and that novel ways of taking into account risk and real innovation through competition assessments have been developed. Integrating an overview of competition law, IP law and pharmaceutical regulation, this book will be an ideal read for scholars and graduate students, as well as private and public practitioners interested in pharmaceutical and European law.

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

Drawing on rich, empirical case studies this innovative book provides a contemporary and comprehensive exploration of the plural, dynamic and precarious processes, materials, practices, interventions and relationships on social network sites, and their resultant power effects, when copyright and data privacy rights are at stake. In pursuit of this objective, chapters develop a cutting-edge conceptual power lens that brings together Actor-Network theory and Foucauldian scholarship on power. Applying this analytical framework to the case studies of Facebook (data protection) and YouTube (copyright), Asma Vranaki draws critical attention to underexplored and novel matters in digital regulation. These matters include resistance; the materiality of regulation; complex, contingent, fragile and dynamic digital 'regulatory spaces'; the contingency of power; law as a heterogenous 'assemblage'; the unintended consequence of local orderings; and the links between power and spaces. Ultimately, the author demonstrates that power effects are highly localised, precarious and contingent outcomes of manifold, complex and fluid alliances between diverse humans and non-humans. Advancing various contentions on how social network sites can be successfully regulated, the empirical analyses and multi-disciplinary approaches in this book will prove invaluable to students, scholars and practitioners of law, particularly those interested in regulation, data protection and copyright in social network sites.

This Research Handbook is an essential guide to the design and use of research in mental health policy from a global perspective. It focuses on public mental health, as well as quasi-public and private policies in nations with significant private sectors. Expert contributors explore key mental health policies pertinent to psychiatric treatment and care, as well as those concerned with substance abusers and forensic patients. Organised into five parts, the Research Handbook addresses a wide array of mental health questions involving particular interventions and policies, ranging from psychiatric deinstitutionalization to system building, mental health law, and the human rights of mental patients. In addition, it considers the pros and cons of both established and emerging research methodologies, including geographic information systems and predictive analytics, and ways that these can be effectively integrated with policy making systems, along with their political, economic, and socio-cultural environments. This authoritative Research Handbook will be a key resource for scholars and students of mental health policy, social policy and welfare states. It will also be beneficial for policymakers and practitioners involved in public and private mental health programs.

Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant - one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law. This highly original Research Handbook provides stimulating and provocative discussions that bring together multiple perspectives on how art and law relate to each other in all of their various manifestations, across diverse legal regimes, fields, contexts, and times. With the objective of starting an interdisciplinary dialogue on visual art and the law, this Research Handbook reflects the varied voices of lawyers, artists, criminologists and curators, and engages with broad notions of the two fields, exploring established themes alongside new areas and unfamiliar questions. Wide-ranging and accessible, the Research Handbook on Art and Law will be of interest to law students and scholars engaged with the fields of law and the visual arts, as well as copyright lawyers, art historians and socio-legal scholars.

This cutting-edge Research Handbook presents a comprehensive overview of the European Union's influence on the regulation of the media sector in the digital age. It explores and compares several areas of European legislation that have an impact on the media sector, defined in a broad sense for its capacity to influence the public opinion at large. Utilising law and policy perspectives, chapters explain EU media policy by successive approximations, moving from the general to the specific. It first examines certain fundamental pillars of EU legal assets that undoubtedly help to characterize the action of the European Union in the industry, then moves to analyse other fields of legislation, where a series of 'sectoral' rules also affect and shape the media. These fields include competition rules, rules on electronic communications, rules on e-Commerce, and data protection regulation, up to the recently revised Audiovisual Media Services Directive. In the final section of the Research Handbook, several authors discuss how the digital disruption is shaping the future of European media policy. The Research Handbook also has a particular focus on the methodology of the Media Pluralism Monitor; a major tool used to specifically assess the risks for media pluralism and freedom in Europe. Innovative and timely, this Research Handbook will be a crucial companion for academics and students in the fields of law, policy and media, who wish to further their understanding of the logic of future developments in the EU digital media sector.

With significant changes to public funding and the rise of litigants in person, many practitioners are looking to provide services on a 'pay as you go' or 'fixed fee' basis for discrete or separate pieces of work. 'Unbundling' is an approach whereby the solicitor and client agree which parts of the process the client can undertake without assistance, and which parts they will require some input from a solicitor. This approach is growing in the area of family law. This toolkit provides a suite of tools to assist family solicitors considering unbundling work and new methods of pricing while pointing out the potential risks and how to minimize them. Practical and concise, it contains useful templates and checklists for solicitors wishing to offer unbundled services as a more affordable alternative to the traditional retainer and hourly rates pricing strategy.

Examining the ways and extent to which systemic factors affect health outcomes with regard to quality, affordability and access to curative healthcare, this explorative book compares the relative merits of tax-funded Beveridge systems and insurance-based Bismarck systems. The Law and Policy of Healthcare Financing charts and compares healthcare system outcomes throughout 11 countries, from the UK to Colombia. Thematic chapters investigate the economic and legal explanations for the relevant similarities, variations and trends across the globe. Concluding that systemic factors may be less significant than previously believed, this comprehensive book notes that no one system consistently outperforms the others, yet incentives and funding improvements may lift performances across all curative healthcare systems. Analytical and comparative, this book will be of interest to academics working in the fields of health law and health economics. Public authorities including health ministries, policymakers and international health organisations will also find this to be an invaluable resource. Contributors include: F. Bachner, J. Bobek, J. Boertjens, P. Bogetoft, J.M. Burke, F. Dewallens, I. Durand-Zaleski, A. Geissler, C. Gongora Torres, M. Guy, T. Haanpera, J. Janus, S. Jerabkova, L. Lepuschutz, J. Lombard, M. Mikkers, G. O'Nolan, M.J. Perez-Villadoniga, H. Platou, K. Polin, W. Quentin, W. Sauter, V. Shestalova, K.H. Sovig, V. Stephani, A. van den Heever, J. van Manen, J. Vermeulen

Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally-oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support. The epistemological key to the central themes of the book is the idea that doctrinal disciplines are anchored in the concept of 'doctrinal knowledge', the practice-specific normative knowledge used to navigate institutionalised social practices. The distinctive epistemological and political philosophical grounding for legal doctrinal scholarship demonstrated in this book facilitates a rich analysis of the three core models of interdisciplinary engagement characteristic of legal scholarship. Considering how legal doctrinal scholarship cultivates doctrinal knowledge by way of hermeneutic engagement with positive law, this thought-provoking book will be a key resource for students and scholars of constitutional law, criminal law, private law and international law. It will also be of benefit to legal theorists, philosophers and practitioners.

This book critically considers the dynamic relationship between clinical guidelines and medical negligence litigation, arguing that a balance must be struck between blinkered reliance on guidelines and casual disregard. It explores connections between academic law and professional practice, bringing together an array of perspectives which reveal that although guidelines may not be dispositive, they nonetheless play an important role in medical negligence law. The chapters provide compelling insights from academics, lawyers, barristers, doctors and healthcare professionals into the use of guidelines in determining the legal standard for breach of duty, thereby contributing to a holistic understanding of guideline usage in this area of law. Sociological considerations along with empirical findings are used to underpin these concepts. While focusing on the UK, contributors draw upon international law including that from the United States, South Africa, the Netherlands and other countries. Based on this analysis the conclusion offers a theoretical framework for practical application illustrated by a case-based discourse. This book makes a significant contribution to the knowledge base in the subject area. It is an essential read for legal academics and lawyers working in medical and health law, as well as for doctors and other healthcare professionals. It will be a key reference point for medical regulators, health organisation policymakers and clinical governance teams.

This unique book provides a versatile exploration of the philosophical foundations of the insanity defense. It examines the connections between numerous philosophical-anthropological views and analyses different methods for regulating the criminal responsibility of the mentally ill. Placing its philosophical analysis firmly in the context of science, it draws on the fields of cognitive psychology, evolutionary theory and criminology. In this thought-provoking book, Wojciech Zaluski argues that the way in which we resolve the problem of the criminal responsibility of the mentally ill depends on two factors: the assumed conception of responsibility and the account of mental illness. Offering a systematic and in-depth analysis of the influence of anti-psychiatry on thinking about the insanity defense and legislation, the author invokes the personalist view of human nature, being rational and endowed with free will, to justify an original normative proposal concerning the construction of the insanity defense. The Insanity Defense will be of primary interest to scholars of criminal law and justice, legal theory and legal philosophy as well as legal practitioners, policy makers, psychiatrists and psychologists engaged with this topic.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Stephen F. Ross presents this succinct introduction to key topics of law specific to sports, comparing approaches to sports law across the globe, with particular focus on the United States, Europe, and common law jurisdictions. Contrasting the profit-maximizing approach of North American leagues with the global integrated approach of professional sports governed by national and international governing boards, the book offers a novel model for the latter. Key features include: an exploration of how law facilitates or impairs revenue generation through contract, intellectual property, and other doctrines an insight into remedies for player contract breaches examination of the widespread use of arbitration in the resolution of sports law disputes analysis of competition law and human rights law as the principal external legal constraints on sporting entities. This Advanced Introduction will be a useful resource for scholars and advanced students of sports law. It will also be beneficial for sports lawyers and practitioners, as well as those in the fields of global and transnational law.

In this edition of aspects of education Law the authors provide descriptions and analyses of the laws that currently inform, prescribe and influence the activities of educators and education managers, whether on the sports fields or in the boardroom, at the blackboard or behind a desk. This text has become an essential resource for all professionals practising in the field of education in South Africa today. In addition to their treatment of a legal framework which, in contemporary South Africa, is by no means static, the authors also pay attention to underlying principles and concepts. These are discussed from a phenomenological perspective, giving this work a solid theoretical base.

This timely book explores how the internet and social media have permanently altered the media landscape, enabling new actors to enter the marketplace and changing the way that news is generated, published and consumed. It examines the importance of citizen journalists, whose newsgathering and publication activities have made them crucial to public discourse and central actors in the communication revolution. Investigating how the internet and social media have enabled citizen journalism to flourish, and what this means for the traditional institutional press, the public sphere, and media freedom, the book demonstrates how communication and legal theory are applied in practice. Peter Coe advances a concept of 'media as a constitutional component', which distinguishes media from non-media actors based on the functions they perform, rather than institutional status, and uses this to provide a conceptual framework that recognises modern newsgathering and publication methods. This interdisciplinary book analyses the legal challenges created across a range of topical issues, including online anonymity and pseudonymity, defamation, privacy and public interest, contempt of court and press regulation. Media Freedom in the Age of Citizen Journalism will be a key resource for students, scholars, practitioners and policy-makers of information and media law, constitutional administrative law, communication and media studies, journalism and philosophy.

This timely book offers a fresh perspective on how to effectively address the issue of unequal access to healthcare. It analyses the human right to health from the underexplored legal principle of solidarity, proposing a new understanding of the positive obligations inherent in the right to health. Combining human rights law, public health and social theory, Eduardo Arenas Catalan demonstrates that when interpreted in line with the principle of solidarity, the right to health should be viewed as a non-commercial right. Arenas Catalan argues that the right to health's functions are to challenge the commodification of healthcare and to advance free-of-charge public healthcare services. Moreover, through a critical analysis of classical jurisprudence concerning the right to health, the book delivers a searing indictment of the effects of neoliberal capitalism and commercialization on human rights. This thought-provoking book will be of interest to scholars and students of law, in particular international human rights law, public international law and legal theory, as well as social and public health researchers and students. Policy makers and legal practitioners will also find its original analysis of solidarity in the context of human rights and the law useful.

This thought-provoking book highlights the increasing recognition of the prevalence of neurodisability within criminal justice systems, discussing conditions including intellectual, cognitive and behavioural impairments, fetal alcohol spectrum disorders and traumatic and acquired brain injury. International scholars and practitioners demonstrate the extent and complexity of the neurodisability experience and present practical solutions for criminal justice reform. Examining the growing body of evidence which illustrates the significant over-representation of neurodisability amongst prison and juvenile justice populations, this critical book explores the challenges faced by people with a neurodisability who come into contact with the justice system. These challenges include: difficulty understanding interactions with police, navigating court processes, comprehending sentencing orders, and coping with prison and post-release life, which can lead to repeat victimisation and criminalisation. Overall, this book establishes that justice systems are often unable to meet the specific needs of people with a neurodisability and that there is a significant lack of appropriate support within the community aimed at prevention and diversion. Providing broad interdisciplinary insights, this timely book will prove a vital resource for scholars and students of criminal law, law and society, criminology, neuroscience and social work. It will also be of value to legal practitioners, law enforcement, prison employees and welfare professionals engaged with individuals with a neurodisability.

The media regularly reports on schools, educators, principals, governing bodies and parents involved in conflict situations and legal actions. These disputes arise from any one of a number of reasons including ignorance of the existence of legal stipulations, being uninformed about the full implications of such legal requirements, misinterpretation of the law or, alas, wilful breaking of the law. In view of the enormous changes that have taken place with the establishment of a single education system for South Africa, it is more important than ever for educators to have a working knowledge of those aspects of the law that apply to the school situation.

This timely book investigates the issue of counterfeit and falsified medicines (CFM) in the EU, identifying that this is a problem that lies at the intersection of three spheres of law - medicine, intellectual property (IP), and criminal law. The book highlights key issues such as infiltration of the legal supply chain and the involvement of organised crime, analysing relevant EU law and demonstrating the challenges of CFM. Using examples from several case studies, Vishv Priya Kohli reveals the gaps in the current legal framework, underlining the particular difficulties created by the interplay between different areas of law as well as the lack of criminal penalties. The author explores areas where improvements have already been made, in particular through the Falsified Medicines Directive, and articulates a number of recommendations to fill in the gaps, for example by harmonizing criminal law and building synergies within law enforcement. Counterfeit and Falsified Medicines in the EU will be of great interest to academics and students in IP, health and medical law, and criminal law in the EU. It will also prove valuable for practitioners and policymakers working in and with enforcement authorities in the EU, as well as those working in the medical field itself.