Courts, Codes, and Custom addresses the question of why some states recognize and comply with international human rights and environmental law, while others do not. To address this question, Dana Zartner has developed a novel cultural-institutional theory to explain the manner in which a state's domestic legal tradition shapes policy through the process of internalization. A state's legal tradition-the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process-is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. Legal tradition shapes not only perceptions about law, but also provides the lens through which policy-makers view state interests, directly and indirectly influencing state policy. The book disaggregates the concept of legal tradition and examines how the individual cultural and institutional characteristics present within a state's domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. In turn it explains both the differences in international law recognition across legal traditions, as well as the variance among states within legal traditions. To test this theory Zartner compares case studies within five of the main legal traditions in the world today: common law (U.S. and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). She addresses the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.

Can your employer require you to travel to India for a hip replacement as a condition of insurance coverage? If injury results, can you sue the doctor, hospital or insurer for medical malpractice in the country where you live? Can a country prohibit its citizens from helping a relative travel to Switzerland for assisted suicide? What about travel for abortion? In Patients with Passports, I. Glenn Cohen tackles these important questions, and provides the first comprehensive legal and ethical analysis of medical tourism. Medical tourism is a growing multi-billion dollar industry involving millions of patients who travel abroad each year to get health care. Some seek legitimate services like hip replacements and travel to avoid queues, save money, or because their insurer has given them an incentive to do so. Others seek to circumvent prohibitions on accessing services at home and go abroad to receive abortions, assisted suicide, commercial surrogacy, or experimental stem cell treatments. In this book, author I. Glenn Cohen focuses on patients traveling for cardiac bypass and other legal services to places like India, Thailand, and Mexico, and analyzes issues of quality of care, disease transmission, liability, private and public health insurance, and the effects of this trade on foreign health care systems. He goes on to examine medical tourism for services illegal in the patient's home country, such as organ purchase, abortion, assisted suicide, fertility services, and experimental stem cell treatments. Here, Cohen examines issues such as extraterritorial criminalization, exploitation, immigration, and the protection of children. Through compelling narratives, expert data, and industry explanations Patients with Passports enables the reader to connect with the most prevalent legal and ethical issues facing medical tourism today.

This must-have book is a comprehensive yet accessible guide to copyright and related rights in the music industry. It provides clear and concise instruction on how copyright works in practice and how it applies to music specifically, as well as covering how to manage, utilise and enforce copyright, what infringement looks like and how to avoid it. The book illustrates this with relevant cases and real world examples, including practical, step-by-step guidance for stakeholders of all types. It also signposts the future of copyright in the music industry through an examination of new technologies such as artificial intelligence and blockchain. Key features include: An engaging and approachable writing style A practical orientation for those in the industry and their advisors The impact of social media on copyright infringement, management and remedies Accessible explanations of key concepts in copyright and related rights, as well as commonly misunderstood topics such as sampling and fair use. Musicians, producers, copyright holders and others working in the music industry will find this an indispensable and easy-to-use resource for navigating all aspects of music copyright. It will also be of interest to academics and students of copyright law for its discussion of contemporary issues such as technology and enforcement.

This Research Handbook comes at an opportune time, and provides a comprehensive and wide-ranging exploration of relevant developments concerning disability rights at EU level. It also looks beyond the EU, focusing on how disability has been relevant in EU external relations. In addition, the Research Handbook considers the interface between EU disability law and Council of Europe law. Expert contributors address key questions related to the scope and impact of EU disability law, examining its compliance with the UN Convention on the Rights of Persons with Disabilities (CRPD) and the gaps that remain to be filled in implementation by the EU. Analysing the most important and recent developments in EU disability law, the chapters in this Research Handbook trace its evolution, and assess the extent to which disability rights are protected and promoted in various strands of EU law and policy. The chapters highlight the connections, overlaps and inconsistencies which exist across those strands. This thought-provoking Research Handbook will be a valuable resource for scholars; researchers and students of disability law, EU law and international law; as well as practitioners, policy makers, civil society organizations and European think tanks engaged with the fields of EU and international disability law.

Graphic novels and comics have launched characters and stories that play a dominant role in contemporary popular culture throughout the world. The extensive revisions in this second edition of Comic Art, Creativity and the Law update the author's analysis of important changes at the intersection of law and comics, featuring an examination of how recent cases will affect the creative process as applied to comic art. Throughout, Marc H. Greenberg examines the impact of contract law, copyright law (including termination rights, parody and ownership of characters), tax law and obscenity law on the creative process. He considers how these laws enhance and constrain the process of creating comic art by examining the effect their often inconsistent and incoherent application has had on the lives of creators, retailers and readers of comic art. Thoroughly revised and updated, there are new chapters featuring a discussion of important new cases in copyright work-for-hire and fair use doctrines; the intersection of law and fan-based creations, such as fan fiction, fan art, fan film and cosplay; as well as a new chapter on licensing comics for motion pictures and television. Designed for academics, practitioners, students of law and fans of comic art, the book offers proposals for changes in those laws that constrain the creative process, as well as a glimpse into the future of comic art and the law.

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. Written by esteemed legal scholar Michael L. Perlin, this indispensable Advanced Introduction examines the long-standing but ever-dynamic relationship between law and mental health. The author discusses and contextualises how the law, primarily in the United States but also in other countries, treats mental health, intellectual disabilities, and mental incapacity, giving examples of how issues such as the rights of patients, the death penalty and the insanity defense permeate constitutional, civil, and criminal matters, and indeed the general practice of law. Key features include: unpacks key US Supreme Court decisions to focus on the issues that have been most significant in the development of the field explains the distortion of this area of law by biased and stereotypical social attitudes including sanism examines lesser-known cases that illuminate judicial attitudes, helping readers to better understand likely future developments in mental health law. Offering an insightful introduction to this field, the Advanced Introduction to Mental Health Law is an invaluable resource for students and newly qualified lawyers, and will appeal not only to those looking to understand the law in the United States, but how this contributes to the development of the field as a whole.

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.

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.

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.

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.

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.

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.

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.

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

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 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.

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.

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.

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.

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.