This book clarifies the meaning of the most important and pervasive concepts and tools in bioethical argumentation (principles, values, dignity, rights, duties, deliberation, prudence) and assesses the methodological suitability of the main methods for clinical decision-making and argumentation. The first part of the book is devoted to the most developed or promising approaches regarding bioethical argumentation, namely those based on principles, values and human rights. The authors then continue to deal with the contributions and shortcomings of these approaches and suggest further developments by means of substantive and procedural elements and concepts from practical philosophy, normative systems theory, theory of action, human rights and legal argumentation. Furthermore, new models of biomedical and health care decision-making, which overcome the aforementioned criticism and stress the relevance of the argumentative responsibility, are included.

The Library of Essays in Media Law collects the most significant articles and papers in key aspects of media law in four volumes. The first volume covers the freedom of the press, systems of voluntary regulation, and the laws of libel and privacy. The second volume covers contempt of court and related restrictions on reporting legal proceedings, access of cameras into proceedings, and the journalists' privilege to protect their sources. The third volume focuses on regulating audiovisual content and the fourth volume on regulating the audiovisual industry, including the Internet and new media. Taken together these four volumes offer an invaluable resource to students and scholars interested in all aspects of media law.

The European Commission has claimed that 'Solidarity is part of how European society works...'. But how are we to understand solidarity, and what are its implications to Government policy? Promoting Solidarity in the European Union addresses the question of what solidarity might mean today and its relevance to the purposes of the European Union and the way it functions. Is solidarity just a slogan or can it have meaningful legal and policy content? This book brings together contributions from leading scholars in law, politics and sociology to discuss an idea that is coming under fresh scrutiny at a time when the EU's direction following the implementation of the Lisbon Treaty is hotly debated. The authors engage with both the content and limitations of solidarity as a concept in political and legal debate, and its application to specific fields such as migration, education and pensions policies.
Promoting Solidarity in the European Union provides a thoughtful and provocative analysis of the power and potential of solidarity, applying a sceptical and rigorous assessment of the conditions necessary for it to make a difference to the European political and legal space at a time when traditional manifestations of national solidarity (e.g. in health care) are perceived to be under threat from EU market liberalization policies. A number of contributions consider whether an EU concept of solidarity is possible and how that might affect the balance between market and social priorities for the Union's future.
If the EU is to be more than just a market, promoting solidarity as a value and a principle has a key role. This rich collection of essays explores how solidarity might fulfil its status as a core value for the Union.

Legal Guide for Police: Constitutional Issues, 12th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.

This handbook brings together a variety of approaches to the uses of big data in multiple fields, primarily science, medicine, and business. This single resource features contributions from researchers around the world from a variety of fields, where they share their findings and experience. This book is intended to help spur further innovation in big data. The research is presented in a way that allows readers, regardless of their field of study, to learn from how applications have proven successful and how similar applications could be used in their own field. Contributions stem from researchers in fields such as physics, biology, energy, healthcare, and business. The contributors also discuss important topics such as fraud detection, privacy implications, legal perspectives, and ethical handling of big data.

It is important for anybody involved in sport and physical recreation to be aware of the legal context in which their activity takes place, to develop an understanding of their legal responsibilities and to know what might happen if something goes wrong. Sport, Physical Recreation and the Law is the first textbook on this difficult subject for students and practitioners in sport and physical recreation. Covering a wide range of legal principles and cases, this textbook introduces the reader to legal systems, terminology, databases and the use of case law. Designed to encourage analysis, reflection and the application of examples and ideas from the reader's own experience, the book clearly and comprehensively explains key topics such as: socio-legal aspects of sports violence and criminal liability negligence and defences against negligence manslaughter by individuals and organizations in sport principles of natural justice, disciplinary tribunals and doping discrimination, harassment and child protection risk management, statutory duties, and breaches of health and safety criminal liability - recognized sports, hazing, and cage fighting. Including over 300 exercises, hypothetical scenarios, investigative tasks and seminar activities, this book is an essential course text for all students of sport, recreation and the law, and an invaluable reference for coaches, physical education teachers and those who play, lead or organize sport and physical recreation.

Uncertain Risks Regulated compares various models of risk regulation in order to understand how these systems shape the relationship between law and science, and how they attempt to overcome public distrust in science-based decision-making. The book contributes to the ongoing debate relating to uncertainty and risks - and the difficulties faced by the European Union in particular - in regulating theses issues, taking account of both national and international constraints. The term 'uncertain risk' is comparable with notions of hazard and indeterminate risk, as deployed within the social sciences; but it also aims to capture the modern regulatory reality that a non-quantifiable hazard must still be addressed by society, law and its regulators. Decisions must be taken in the face of uncertainty. And, whilst it is not possible to provide clear cut models of risk regulation, in focusing on regulatory practices at a national, EU and international level, the contributors to this volume aim to use fact finding as a core instrument of learning for risk regulation.

Selected chapters from this book are published open access and free to read or download from Oxford Scholarship Online, https://oxford.universitypressscholarship.com/. Since Digital Dominance was published in 2018, a global consensus has emerged that technology platforms should be regulated. Governments from the United States to Australia have sought to reduce the power of these platforms and curtail the dominance of a few, yet regulatory responses remain fragmented, with some focused solely on competition while others seek to address issues around harm, privacy, and freedom of expression. Regulating Big Tech condenses the vibrant tech policy debate into a toolkit for the policy maker, legal expert, and academic seeking to address one of the key issues facing democracies today: platform dominance and its impact on society. Contributors explore elements of the toolkit through comprehensive coverage of existing and future policy on data, antitrust, competition, freedom of expression, jurisdiction, fake news, elections, liability, and accountability, while also identifying potential policy impacts on global communication, user rights, public welfare, and economic activity. With original chapters from leading academics and policy experts, Regulating Big Tech sets out a policy framework that can address interlocking challenges of contemporary tech regulation and offer actionable solutions for our technological future.

From the creators of the UK's bestselling Law Express revision series. Maximise your marks for every answer you write with Law Express Question and Answer. This series is designed to help you understand what examiners are looking for, focus on the question being asked and make even a strong answer stand out.

aI learned a great deal, even though I thought I had known or read all these cases. I was wrong. Valencia has corrected this record in an authoritative fashion that has set the bar for the rest of us.a
--Michael A. Olivas, editor of "aColored Men andHombres AquA-a"

In 1925 Adolfo aBabea Romo, a Mexican American rancher in Tempe, Arizona, filed suit against his school district on behalf of his four young children, who were forced to attend a markedly low-quality segregated school, and won. But "Romo v. Laird" was just the beginning. Some sources rank Mexican Americans as one of the most poorly educated ethnic groups in the United States. Chicano Students and the Courts is a comprehensive look at this communityas long-standing legal struggle for better schools and educational equality. Through the lens of critical race theory, Valencia details why and how Mexican American parents and their children have been forced to resort to legal action.

Chicano Students and the Courts engages the many areas that have spurred Mexican Americans to legal battle, including school segregation, financing, special education, bilingual education, school closures, undocumented students, higher education financing, and high-stakes testing, ultimately situating these legal efforts in the broader scope of the Mexican American communityas overall struggle for the right to an equal education. Extensively researched, and written by an author with first-hand experience in the courtroom as an expert witness in Mexican American education cases, this volume is the first to provide an in-depth understanding of the intersection of litigation and education vis-A -vis Mexican Americans.

Locating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the prohibition on assisted suicide in England and Wales and beyond. Assisted suicide is a contentious topic and one which has been the subject of judicial and academic debate internationally. The central objective of the book is to approach the question of the ban's compatibility with the European Convention on Human Rights afresh; freed from the constraints of the existing case law and its erroneous approach to the legal issues and selective reliance on empirical data. The book also examines the compatibility of the ban on assisted suicide with rights which have either been erroneously disregarded or not considered by either the domestic courts or the European Court of Human Rights. Having regard to human rights jurisprudence more broadly, including in the context of abortion, the research and analysis undertaken here demonstrates that the ban on assisted suicide violates the rights of a significant number of individuals to life, to freedom from torture or inhuman or degrading treatment and to private life. Such analysis does not depend on a strained or contrived approach to the rights at issue. Rather, the conclusions flow naturally from a coherent, logical application of the established principles governing those rights. While the focus of the book is the Suicide Act 1961, the conclusions reached have implications beyond England and Wales, including for the other devolved jurisdictions and international jurisdictions. Beyond courts and legislators, it will be a valuable resource for students of human rights and medical law, as well as medical and legal practitioners and academics working in human rights and end-of-life care.

To what extent should parents be able to choose the kind of child they have? The unfortunate phrase 'designer baby' has become familiar in debates surrounding reproduction. As a reference to current possibilities the term is misleading, but the phrase may indicate a societal concern of some kind about control and choice in the course of reproduction. Typically, people can choose whether to have a child. They may also have an interest in choosing, to some extent, the conditions under which they do so, such as whether they have a child with a serious disability or disease. The purpose of this book is to explore the difficult and controversial question of the appropriate ethical and legal extent of reproductive autonomy in this context. The book examines ethical, legal and public policy issues in prenatal screening, prenatal diagnosis (PND), selective abortion and preimplantation genetic diagnosis (PGD). It explores the ethics of these selection practices and the ability of current ethical guidelines and legal mechanisms, including the law on selective abortion and wrongful birth, to deal with advances in genetic and other knowledge in these areas. Unlike in the United States, in England the relevant law is not inherently rights-based, but the impact of the Human Rights Act 1998 inevitably raises questions about the proper scope of reproductive autonomy in this context. The implications of the analysis are considered for the development of relevant law, public policy and ethical guidelines and will be of interest to academics in medical law and ethics, health professionals, lawyers, those working on public policy and students with an interest in these issues.

We're losing the war on drugsbut the fight isn't over yet Federal Narcotics Laws and the War on Drugs examines our current anti-drug programs and policies, explains why they have failed, and presents a plan to fix them. Author Thomas C. Rowe, who has been educating college students on recreational drug use for nearly 30 years, exposes the truth about anti-drug programs he believes were conceived in ignorance of the drugs themselves and motivated by racial/cultural bias. This powerful book advocates a shift in federal spending to move funds away from the failed elements of the war on drugs toward policies with a more realistic chance to succeedthe drug courts, education, and effective treatment. Common myths and misconceptions about drugs have produced anti-drug programs that don't work, won't work, and waste millions of dollars. Federal Narcotics Laws and the War on Drugs looks at howand whythis has happened and what can be done to correct it. The book is divided into How did we get into this mess? which details the history of anti-narcotic legislation, how drug agencies evolved, and the role played by Harry Anslinger, Commissioner of the United States Bureau of Narcotics from 1930 to 1962; What works and what doesn't work, which looks at the failure of interdiction efforts and the negative consequences that have resulted with a particular focus on the problems of prisons balanced against the drug court system; and a third section that serves as an overview of various recreational drugs, considers arguments for and against drug legalization, and offers suggestions for more effective methods than our current system allows. Federal Narcotics Laws and the War on Drugs also examines: the creation of the Federal Bureau of Narcotics current regulations and structures current federal sentencing guidelines current state of the courts and the prison system mandatory sentencing and what judges think interdiction for heroin, cocaine and crack cocaine, and marijuana early education efforts the DARE program drug use trends drug treatment models the debate over legalization Federal Narcotics Laws and the War on Drugs also includes several appendices of federal budget figures, cocaine and heroin purity and price, and federal bureau of prisons statistics. This unique book is required reading for anyone concerned about the drug problem in the United States and what isand isn'tbeing done to correct it.

Readings in Law and Popular Culture is the first book to bring together high quality research, with an emphasis on context, from key researchers working at the cutting-edge of both law and cultural disciplines.

Fascinating and varied, the volume crosses many boundaries, dealing with areas as diverse as football-based computer games, Buffy the Vampire Slayer, digital sampling in the music industry, the films of Sidney Lumet, football hooliganism, and Enid Blyton. These topics are linked together through the key thread of the role of, or the absence of, law - therefore providing a snapshot of significant work in the burgeoning field of law and popular culture.

Including important theoretical and truly innovative, relevant material, this contemporary text will enliven and inform a legal audience, and will also appeal to a much broader readership of people interested in this highly topical area.

A systemic approach to psychotherapeutic competencies. Clear and concise and appropriate for therapists of all levels of experience and therapeutic backgrounds. Establishes the definition of four levels of systemic competencies and illustrates each principle with compelling clinical case material.

This book examines the powerful influence of civil law on understandings and responses to madness in England and in New Jersey. The influence of civil law on the history of madness has not hitherto been of major academic investigation. This body of law, established and developed over a five hundred year period, greatly influenced how those from England's propertied classes understood and responded to madness. Moreover, the civil law governing the response to madness in England was successfully exported into several of its colonies, including New Jersey. Drawing on a well-preserved and rare collection of trials in lunacy in New Jersey, this book reveals the important ties of civil law, local custom and perceptions of madness in transatlantic perspectives. This book will be highly relevant to scholars interested in law, medicine, psychiatry and madness studies, as well as contemporary issues in mental capacity and guardianship. -- .

The essays in Erotic Justice address the ways in which law has been implicated in contemporary debates dealing with sexuality, culture and `different' subjects - including women, sexual minorities, Muslims and the transnational migrant. Law is analyzed as a discursive terrain, where these different subjects are excluded or included in the postcolonial present on terms that are reminiscent of the colonial encounter and its treatment of difference. Bringing a postcolonial feminist legal analysis to her discussion, Kapur is relentless in her critiques on how colonial discourses, cultural essentialism, and victim rhetoric are reproduced in universal, liberal projects such as human rights and international law, as well as in the legal regulation of sexuality and culture in a postcolonial context. Drawing her examples from postcolonial India, Ratna Kapur demonstrates the theoretical and disruptive possibilities that the postcolonial subject brings to international law, human rights, and domestic law. In the process, challenges are offered to the political and theoretical constructions of the nation, sexuality, cultural authenticity, and women's subjectivity.

This volume is the only book which focuses on the impact of judicial review in the social welfare field. It comprises a selection of essays by academics and practitioners who have an interest in the operation, impact and future development of judicial review in a number of social welfare areas: homelessness, housing benefit, mental health, health care, social security, the discretionary social fund, immigration, prisoners, education and gypsy site provision. Two contributions address issues relating to the supervisory jurisdiction in the Scottish Court of Session and the High Court of Justice in Northern Ireland.

Each contributor outlines the background and development of judicial review in their particular field followed by commentary on the operation of the judicial review remedy and various theoretical and practical concerns such as the impact of judicial review on organizational behaviour and its effect on the exercise of discretionary powers. The essays deal with the political and policy context of judicial review challenge, and the shifting balance of advantage offered to social welfare campaigners. The limitations of judicial review and the comparative merits of statutory appellate schemes are also examined. The contributors attempt to identify future areas for research and a concluding chapter draws together the common themes.

This book considers how a phenomenon as complex as coercive control can be criminalised. The recognition and ensuing criminalisation of coercive control in the UK and Ireland has been the focus of considerable international attention. It has generated complex questions about the "best" way to criminalise domestic abuse. This work reviews recent domestic abuse criminal law reform in the UK and Ireland. In particular, it defines coercive control and explains why using traditional criminal law approaches to prosecute it does not work. Laws passed in England and Wales versus Scotland represent two different approaches to translating coercive control into a criminal offence. This volume explains how and why the jurisdictions have taken different approaches and examines the advantages and disadvantages of each. As jurisdictions around the world review what steps need to be taken to improve national criminal justice responses to domestic abuse, the question of what works, and why, at the intersection of domestic abuse and the criminal law has never been more important. As such, the book will be a vital resource for lawyers, policy-makers and activists with an interest in domestic abuse law reform.

The EU strategy 2020 includes ambitious plans for e-regulation that could improve Europe s competitiveness. However, the European states have very different legal frameworks in this field. This book introduces flagship initiatives and provides a detailed overview and analysis of the current standards and latest developments, offering practical insights and guidelines for practitioners and policy-makers alike. Further, as it discusses the main areas of e-regulation, it can serve as a useful platform for university education in light of the growing need for new kinds of specialists, i.e. IT lawyers. The book concentrates on fields that are directly affected by e-regulation such as cyber-security, databases, computer programs, e-governance, IP and competition law and informatics."

Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America.
Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist.
In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.

Does "Asian American" denote an ethnic or racial identification? Is a person of mixed ancestry, the child of Euro- and Asian American parents, Asian American? What does it mean to refer to first generation Hmong refugees and fifth generation Chinese Americans both as Asian American?

In Disoriented: Asian Americans, Law, and the Nation State, Robert Chang examines the current discourse on race and law and the implications of postmodern theory and affirmative action-all of which have largely excluded Asian Americans-in order to develop a theory of critical Asian American legal studies.

Demonstrating that the ongoing debate surrounding multiculturalism and immigration in the U.S. is really a struggle over the meaning of "America," Chang reveals how the construction of Asian American-ness has become a necessary component in stabilizing a national American identity-- a fact Chang criticizes as harmful to Asian Americans. Defining the many "borders" that operate in positive and negative ways to construct America as we know it, Chang analyzes the position of Asian Americans within America's black/white racial paradigm, how "the family" operates as a stand-in for race and nation, and how the figure of the immigrant embodies a central contradiction in allegories of America.

"Has profound political implications for race relations in the new century"
"--Michigan Law Review, May 2001"

Recycling Red Riding Hood examines contemporary retellings of the world's best-known fairy tale in a large corpus of international children's texts, many of which have never been translated into English. The book addresses a new area in children's literary theory and criticism: intertextuality and the retold story. It examines narrative techniques, such as hybrid genres and metaliterary play, that have rarely been applied to children's literature.