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Books > Law > Laws of other jurisdictions & general law > Social law > General
Patenting Nanomedicines: Legal Aspects, Intellectual Property and Grant Opportunities focusses on the fundamental aspects of Patenting Nanomedicines applied in different Drug Delivery and Targeting Systems . The promoters of new findings in this field of research are numerous and spread worldwide; therefore, managing intellectual property portfolios, and the acquisition and exploitation of new knowledge face several contingency factors. Today, the scientific community is discussing issues of economic outcomes in the field of Nanomedicines. Major concerns include questions as to whether the research groups, academics, industry and other stakeholders should work in unison or independently, if innovation or adaptation of new technology should be prioritized, public versus private research funding, and safeguarding versus sharing knowledge. However, despite its increasing importance for humankind, it is a matter of concern as to whether technological development can really be stimulated by patent protection. An intellectual property strategy should aim to develop a qualitative patent portfolio for continuous learning. This book addresses questions of ethics, socio-political policies and regulatory aspects of novel Nanomedicine-based products which are currently under development for the diagnosis and treatment of different types of diseases. It is divided in two parts Part I is composed of the first 3 chapters, which focus on the fundamentals of legal aspects, emerging threats, advantages and disadvantages of patenting Nanomedicines, whereas Part II collects 12 chapters discussing different types of Nanomedicine-based products, their potential marketing aspects and patent protection. Whenever applied, each chapter offers a list of patents, based on a specific application in drug delivery and targeting. An outstanding team of 53 authors have contributed to this book, which will be of interest to professionals from the field of patent examiners, academics, researchers and scientists, students and other practitioners.
This book addresses the use and regulation of traditional drugs such as peyote, ayahuasca, coca leaf, cannabis, khat and Salvia divinorum. The uses of these substances can often be found at the intersection of diverse areas of life, including politics, medicine, shamanism, religion, aesthetics, knowledge transmission, socialization, and celebration. The collection analyzes how some of these psychoactive plants have been progressively incorporated and regulated in developed Western societies by both national legislation and by the United Nations Drug Conventions. It focuses mainly, but not only, on the debates in court cases around the world involving the claim of religious use and the legal definitions of "religion." It further touches upon issues of human rights and cognitive liberty as they relate to the consumption of drugs. While this collection emphasizes certain uses of psychoactive substances in different cultures and historical periods, it is also useful for thinking about the consumption of drugs in general in contemporary societies. The cultural and informal controls discussed here represent alternatives to the current merely prohibitionist policies, which are linked to the spread of illicit and violent markets. By addressing the disputes involved in the regulation of traditional drug use, this volume reflects on notions such as origin, place, authenticity, and tradition, thereby relating drug policy to broader social science debates.
This book configures a consistent epistemology of biolaw that distinguishes itself from bioethics and from a mere set of international instruments on the regulation of biomedical practices. Such orthodox intellection has prevented biolaw from being understood as a new branch of law with legally binding force, which has certainly dwindled its epistemological density. Hence, this is a revolutionary book as it seeks to deconstruct the history of biolaw and its oblique epistemologies, which means not accepting perennial axioms, and not seeing paradigms where only anachronism and anomaly still exist. It is a book aimed at validity, but also at solidity because the truth of biolaw has never been told before. In that sense, it is also a revealing text. The book shapes biolaw as an independent and compelling branch of law, with a legally binding scope, which boosts the effectiveness of new deliberative models for legal sciences, as well as it utterly reinforces hermeneutical and epistemological approaches, in tune with the complexity of disturbing legal scenarios created by biomedical sciences' latest applications. This work adeptly addresses the origins of the European biolaw and its connections with American bioethics. It also analyses different biolaw's epistemologies historically developed both in Europe and in the United States, to finally offer a new conception of biolaw as a new branch of law, by exploring its theoretical and practical atmospheres to avoid muddle and uncertainty when applied in biomedical settings. This book is suitable for academics and students of biolaw, law, bioethics, and biomedical research, as well as for professionals in higher education institutions, courts, the biomedical industry, and pharmacological companies.
The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of arbitration for Sport (CAS) and national courts in 2016. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the year by the CAS and national courts. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchatel, Switzerland, and is the partner in charge of the sports arbitration practice at Levy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.
This book examines several aspects of the equality and non-discrimination norms in the UN Convention on the Rights of Persons with Disabilities (CRPD). In the first instance, the book provides an interpretation and critical analysis of the legal meaning of the principles of equality and non-discrimination in the context of the CRPD. It analyses the extent to which the concepts of equality and non-discrimination contained in the Convention fit within the various theoretical models of disability and conceptions of equality that have been elaborated to date by scholars. It also compares the theoreotical framework of equality in the CRPD to that contained in other international human rights treaties which preceded the Convention.In addition, States' obligations under the Convention are teased out. A particular focus throughout this book is on the manner in which the equality and non-discrimination norms in the CRPD can increase participation and inclusion in society of persons with disabilities. This book also examines in detail an integral component of the equality norm, namely the duty to reasonably accommodate persons with disabilities and, in particular, its outer limits.In that regard, the book analyses whether the balancing and sharing of burdens inherent in the accommodation duty can teach us lessons about the overall balancing of burdens and interests implicit in many Convention rights subject to progressive realisation.Following on from that, this book devises a framework for review of measures adopted by States in the overall context of the progressive realisation of disability rights, with a particular emphasis on how the CRPD's equality norm might strengthen the realisation of socio-economic rights for disabled people. That framework of review criteria is then applied to the right to education and the accessibility obligation incumbent on States under the CRPD.Finally, this book investigates how the equality and non-discrimination norms in the Convention have already influenced, and can potentially influence, the crucial shape of disability equality case law and policy. In that connection, a case study is carried out on the Council of Europe mechanisms, in order to assess whether the CRPD is having an influence on disability law and policy at the regional level.This book demonstrates the fact that the CRPD holds enormous promise for the future application of the equality and non-discrimination norms in relation to the rights of persons with disabilities. Notwithstanding this, significant challenges lie ahead in the realisation of de facto equality for persons with disabilities.
The essays in this book clarify the technical, legal, ethical, and social aspects of the interaction between eHealth technologies and surveillance practices. The book starts out by presenting a theoretical framework on eHealth and surveillance, followed by an introduction to the various ideas on eHealth and surveillance explored in the subsequent chapters. Issues addressed in the chapters include privacy and data protection, social acceptance of eHealth, cost-effective and innovative healthcare, as well as the privacy aspects of employee wellness programs using eHealth, the use of mobile health app data by insurance companies, advertising industry and law enforcement, and the ethics of Big Data use in healthcare. A closing chapter draws on the previous content to explore the notion that people are 'under observation', bringing together two hitherto unrelated streams of scholarship interested in observation: eHealth and surveillance studies. In short, the book represents a first essential step towards cross-fertilization and offers new insights into the legal, ethical and social significance of being 'under observation'.
This book on Legal Education was written based upon many of the author's experiences as professor and dean. The author noted that there is relatively few literature and research about legal education and felt it was necessary to discuss legal education in present times. The book focuses on many issues such as teaching itself, employability, mission and focus of law schools, the future of law schools in this age of internationalisation, student intake, the link with the labour markets and many other issues. One of the conclusions is that law schools will have to seek their own position and niche and that law schools will have different roles. This book also focuses on the need for law school deans and leaders to set clear missions and strategies and work towards education with all the necessary skills and knowledge, which the students can take with them far into the 21st century. No teaching as we did for many years, but analysing what lies ahead and what is needed for future careers.
The sole available comprehensive history of social law and the model of social welfare in Germany. The book explains the origins since the medieval times, but concentrates on the 19th and 20th centuries, especially on the introduction of the social insurance 1881-1889, of the expansion of the system in the Weimar Republic, under the Nazi-System and after World War II in the FRG and the GDR. The system of social welfare in Germany is one of the pillars of economic stability.
Just how fascinating the discussion between the disciplines of education law and education policy can be was apparent at the a Annual Congress of the European Education Law and Policy Association (ELA) in Rotterdam in December 1997. Although, on this occasion, the option was for an education policy subject, a multidisciplinary approach is always to be preferred. Policy-makers interrogate lawyers; lawyers question scientists from other fields of study and lines of practice. It was, at the same time, a further illustration of how inspiring and productive - in the context of the European Union at any rate - comparative analyses can be for national and international education and social policy. The theme of the 1997 Congress and consequently of this Yearbook, was urban education policy and its legal form as the touchstone of the modern interpretation of individual and social rights. This collection of thought-provoking essays and country reports thus centres on the question: what challenges for education do urban associations represent?
This is the first book to provide an in-depth study of the juvenile transfer process. Criminal justice's get tough policy has led to greater use of this process which, on the surface, transfers persistent juvenile offenders to criminal court jurisdiction in order to impose more serious penalties. The implications of this growing phenomenon are increasingly important for both the juvenile and criminal court systems. Champion and Mays' analysis includes descriptions of juvenile courts, types of offenders processed by these courts, and characteristic outcomes of transfers. Examining the transfer process in detail, they explore social and legal definitions of delinquency; goals and functions of transfers; legal rights of juveniles; and the implications of possible penalties, such as the death penalty. Questions such as whether transfers necessarily result in harsher punishment are discussed at length. Transferring Juveniles to Criminal Courts is designed for students majoring in criminal justice, public administration, political science, sociology, and psychology. Examining the transfer process, Chapter One provides a thorough discussion of the social and legal definitions of delinquency. Chapter Two is an overview of juvenile options, juvenile punishments, public policy, and the theme of deterring juvenile offenders. A description of transfers in different jurisdictions, including their goals and functions, is provided in Chapter Three. Chapter Four then explores the various implications of these transfers. Public policy is examined as it relates to the prevalent get tough policy. Chapter Five describes the criminal court and some of the varied functions served by these courts. Finally, Chapter Six summarizes several important trends relating to juvenile transfers. It includes male/female juvenile comparisons, the issue of selective certification, implications of prison overcrowding, and the emergence of a unified court system. An up-to-date bibliography is provided for further research.
The emergence of Shaken Baby Syndrome (SBS) presents an object lesson in the dangers that lie at the intersection of science and criminal law. As often occurs in the context of scientific knowledge, understandings of SBS have evolved. We now know that the diagnostic triad alone does not prove beyond a reasonable doubt that an infant was abused, or that the last person with the baby was responsible for the babys condition. Nevertheless, our legal system has failed to absorb this new consensus. As a result, innocent parents and caregivers remain incarcerated and, perhaps more perplexingly, triad-only prosecutions continue even to this day. Flawed Convictions: Shaken Baby Syndrome and the Inertia of Injustice is the first book to survey the scientific, cultural, and legal history of Shaken Baby Syndrome from inception to formal dissolution. It exposes extraordinary failings in the criminal justice systems treatment of what is, in essence, a medical diagnosis of murder. The story of SBS highlights fundamental inadequacies in the legal response to science dependent prosecution. A proposed restructuring of the law contends with the uncertainty of scientific knowledge.
This collection of essays on feminist perspectives of equity and trusts is particularly pertinent due to the ongoing legislative reform of trusts as well as constitutional resettlement and devolution. While feminist legal scholars have focused in depth upon many areas of law and the legal system, equity has received relatively little attention, making this collection a particularly important contribution. The contributors critically note the interstices of the development of equity which express its impact on women and, sometimes, its expression of values associated with women.
Mass Media Law, 22nd ed., provides college students with a timely, comprehensive, and up-to-date examination of some of the most important principles, doctrines, and cases affecting communications law and the First Amendment freedoms of speech, press, and assembly. The book is packed with current, real-life examples and the latest legal rulings that are relevant for students studying journalism, advertising, public relations, telecommunications, and other facets of the media and communications professions.
Foreword by Randy E. BarnettIn 2012, the United States Supreme Court became the centre of the political world. In a dramatic and unexpected 5-4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama. On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's legacy",his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional. Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey,including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's unprecedented" law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.
This volume explores the sameness and difference between the United States and France in the matters of freedom of expression on the Internet. The United States and France are liberal democracies that are part of the Western family of nations. However, despite their many similarities, they have a number of cultural and ideological differences. The United States is generally France's ally in time of war and its cultural nemesis in time of peace. One of the reasons for this unusual relationship is that the United States and France are self-described "exceptional" countries. The United States and France are therefore two Western countries separated by different exceptionalist logics. Lyombe Eko uses this concept of exceptionalism as a theoretical framework for the analysis of American and French resolution of problems of human rights and freedom of expression in the traditional media and on the Internet. This book therefore analyzes how each county applies rules and regulations designed to manage a number of issues of media communication in real space, to the realities and specificities of cyberspace, within the framework of their respective exceptionalist logics. The fundamental question addressed concerns what happens when rules and regulations designed to regulate the media in clearly defined, national and regional geographic spaces, are suddenly confronted with the new realities and multi-communication platforms of the interconnected virtual sphere of cyberspace.
Doctors and Rules is a unique and immensely scholarly book. It draws on material which has informed our civilization, including many of the social sciences-history, sociology, and psychology, as well as law. The author accesses the current importance of the Hippocratic tradition within medicine, and puts forward various models of its practice. He seeks to expose the often inarticulated foundation of contemporary debates about the law, medicine, and health, and to question some common assumptions of the functionsand structures of social and legal order. The book challenges the idea that legal rules should be respected merely because they exist and because they play a part in centralizing the organization of society. It rejects the notion that the courts always, or even often, offer useful mechanisms for defining and settling disputes. On the contrary, the author sees in their formalism many things which hinder the common cause of humanity. Only a skeptic trained in law but also deeply concerned by our fate and circumstances could have produced it. It also contributes both to the sociology of law and the sociology of medicine. Out of a reassertion of old ways, this book presents a new blueprint for future professional conduct. It is rich in questions and ideas for researchers, teachers, and professionals in the fields of law, medical sociology, and medicine and generally for those concerned with the place of professional conduct.
This book demonstrates how the Thalidomide catastrophe of the 1960s and the BSE crisis of the 1990s led to regulatory regimes for pharmaceuticals and foodstuffs in Europe. However, the developmental paths of these regimes differ - and so does the efficiency and legitimacy of regulatory policy-making.
Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined 'responsive legality'. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and - towards the end of the century - the logics of 'new managerialism', the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.
This study, by two leading scholars in the field, draws on feminist theory and science and technology studies to uncover a basic injustice for the human rights of drug-using women: most women who need drug treatment in the US and UK do not get it. Why not?
The economic unification of Europe has created a lot of victims. The realization of the single market has taken place without any adjusting or accompanying economic and social policies. Its effects on social and human relations go far beyond the economic and commercial areas its authors had in mind. It has in fact led to changes in European society that are so far-reaching that they could very well be characterized as mutations. This book looks at the phenomenon of social dumping in the wider context of liberalized social competition as steered by the European Union. It contains a number of testimonies by people who actively fight social dumping, with special attention paid to the harrowing dumping practices in the road transport sector. Some of the authors also examine the phenomenon of social dumping in relation to compliance with the fundamental right of all workers to respect for their dignity as human beings. In this respect, the underlying question is whether, by tolerating legislation that allows human dignity to be violated by social dumping, the European and national legislators in fact infringe on this key fundamental right.This book is intended for practitioners, academics, researchers and policy-makers working in the area of social policy.
The book is an introduction to sports law, in particular International (worldwide) and European (EU) sports law. The chapters are all put in the perspective of the innovative sports law doctrine that is developed and presented in the opening chapter on what sports law is. After a general coverage of the core concept of "sport specificity" (that is whether private sporting rules and regulations can be justified notwithstanding they are not in conformity with public law), the book covers the following specific main themes of International and European Sports Law (capita selecta): comparative sports law; competition law and sport; the collective selling of TV rights; sports betting; Social Dialogue in sport; sport and nationality; professional football transfer rules; anti-doping law in sport; transnational football hooliganism in Europe; international sports boycotts. In this book association football ("soccer") is the sport that is by far most on the agenda. It is the largest sport in the world and most popular all over the globe. The elite football in Europe is a day-to-day commercialized and professionalized industry, which makes it a perfect subject of study from an EU Law perspective.
This book adds a critical perspective to the legal dialogue on the regulation of 'smart urban mobility'. Mobility is one of the most visible sub-domains of the 'smart city', which has become shorthand for technological advances that influence how cities are structured, public services are fashioned, and citizens coexist. In the urban context, mobility has come under pressure due to a variety of different forces, such as the implementation of new business models (e.g. car and bicycle sharing), the proliferation of alternative methods of transportation (e.g. electric scooters), the emergence of new market players and stakeholders (e.g. internet and information technology companies), and advancements in computer science (in particular due to artificial intelligence). At the same time, demographic changes and the climate crisis increase innovation pressure. In this context law is a seminal factor that both shapes and is shaped by socio-economic and technological change. This book puts a spotlight on recent developments in smart urban mobility from a legal, regulatory, and policy perspective. It considers the implications for the public sector, businesses, and citizens in relation to various areas of public and private law in the European Union, including competition law, intellectual property law, contract law, data protection law, environmental law, public procurement law, and legal philosophy. Chapter 'Location Data as Contractual Counter-Performance: A Consumer Perspective on Recent EU Legislation' of this book is available open access under a CC BY 4.0 license at link.springer.com.
The practices and technologies of evaluation and decision making used by professionals, police, lawyers and experts are questioned in this book for their participation in the perpetuation of historical forms of colonial violence through the enforcement of racial and eugenic policies and laws in Canada. |
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