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Books > Law > Laws of other jurisdictions & general law > Social law > General
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.
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.
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.
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.
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.
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
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.
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.
The second edition of The UK Media Law Pocketbook presents updated and extended practical guidance on everyday legal issues for working journalists and media professionals. This book covers traditional print and broadcast as well as digital multimedia, such as blogging and instant messaging, with clear explanations of new legal cases, legislation and regulation, and new chapters on freedom of information and social media law. Links to seven new online chapters allow readers to access all the most up-to-date laws and guidance around data protection, covering inquests, courts-martial, public inquiries, family courts, local government, and the media law of the Channel Islands and the Isle of Man. Tim Crook critically explores emerging global issues and proposals for reform with concise summaries of recent cases illustrating media law in action, as well as tips on pitfalls to avoid. The UK Media Law Pocketbook is a key reference for journalists and media workers across England, Wales, Scotland, and Northern Ireland. The book's companion website provides downloadable sound files, video summaries, and updates all the developments in one of the most dynamic and rapidly changing fields of law. Visit https://ukmedialawpocketbook.com.
As our understanding of genetics increases, its application to criminal justice becomes more significant. This timely book examines the use of genetic information both in criminal investigations and during the trial process. It discusses current scientific understanding and considers some potential legal, ethical and sociological issues with the use of genetic information.The author draws together debates from scientists, ethicists, sociologists and lawyers in order to understand how the criminal justice system currently reacts, and ought to react, to the new challenges presented by genetic evidence. She asks the important question of where priorities should lie: whether with society's desire to be protected from crime, or with an individual's desire to be protected from an unwanted intrusion into his or her genome. Topics include rights of privacy and consent in obtaining DNA samples, evidentiary issues in court, the impact of genetic evidence on punishment theory and sentencing, and genetic discrimination. This book will be of use to criminal and medical law students, along with academics, practitioners and policymakers interested in exploring the various criminal law issues in relation to genetics. It will also be of interest to criminal justice, philosophy, ethics, sociology and psychology students and academics looking explore the legal issues involved in such a topic.
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.
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.
1. Bringing together chapters co-authored by academics and practitioners, this book will find a market as a supplementary book for students and a book on best-practice for professionals. Each chapter has a set structure to ensure consistency. 2. This book will be particularly useful for universities offering qualifications for trainee probation officers in the UK, as well as Criminology students taking courses on criminal justice, penology, rehabilitation and working with offenders.
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.
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.
Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials - modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book Margaret Brazier, Emma Cave and Rob Heywood provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The seventh edition of this book has been fully revised and updated to cover the latest cases, Brexit-related regulatory reform and COVID-19 pandemic measures. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law. -- .
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 explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women. The work analyses different models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender related forms of violence and what are the challenges in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women. The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law as well as those working in the areas of international relations.
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."
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"
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.
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. |
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