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.

Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations in four parts and from the perspective of how this has evolved in the UK.

As progenitor of a system bequeathed to its colonies and after centuries of leadership in developing the core principles, policies and precedents that subsequently shaped its development, the contribution of England & Wales, the originating jurisdiction, is first described and analysed in detail in Parts 1 and 2. These broadly sketch the parameters and role of 'charity' - seen as a mix of public and private interests - then address the law's role in protecting, policing, adjusting and supporting charity. This provides the critical dimensions for the comparative analysis of experience in the common law nations that constitutes the main part of the book.

Part 3, in 5 chapters, provides an analysis of the legal functions as they apply to type of need and thereby give effect to social policy in Singapore, Australia, New Zealand, Canada and the United States of America. Part 4 concludes with three chapters that appraise political influence as a factor in aligning charity law with social policy to create a facilitative environment for appropriate charitable activity. Attention is given to the central role of the regulator, contemporary charity law frameworks and definitional boundaries.

Blends scholarly expertise with media law practice, enabling students to develop practical skills Includes pedagogical features such as interviews with media practitioners, policy pointers, and an integrated fictional case study of a television media business. Provides expert coverage suitable for media law practitioners as part of professional development

This book analyses gender-based offences on the Internet from the perspective of international human rights law, interwoven with rights theories and feminist legal theories. It investigates whether international human rights law is applicable in regulating harmful online conduct and speech, with a focus on sexual violence, various forms of harassment, sexist hate speech and harmful pornography. This involves assessing whether gender-based online offences are considered violations of international human rights law and - if they are recognised as such explicitly or by way of interpretation - the extent of state obligations. The book reviews a range of international law sources, such as selected international human rights law treaties, case law, soft-law documents and academic scholarship. The application of general human rights law provisions to the online sphere is evaluated by considering the online/offline coherence of provisions as well as potential gaps, inconsistencies and disadvantages that exist in the regulation of online gender-based offences. The makeup, aim and effect of social spheres, areas of law and legal principles are thus assessed in relation to gender and the Internet. Aspects discussed include the architecture of the Internet, the structure of public international law, the harm principle as employed in domestic law and international human rights law, and the scope of particular rights, mainly involving the freedom of expression and the right to privacy. Working from the premise that the transposition of international human rights law to the Internet must ensure the former's functionality and effectiveness, the book argues that a contextual application of rights is called for. This requires assessing what is harmful online - including the effects of online speech and conduct - and what are effective means of regulating liability on the Internet. In turn, such assessments require a gender-sensitive approach.

Enacted in 1975, the Education for All Handicapped Children Act - now called the Individuals with Disabilities Education Act (IDEA) provides all children with the right to a free and appropriate public education. On the face of it, the IDEA is a shining example of law's democratizing impulse. But is that really the case? In Disabled Education, Ruth Colker digs deep beneath the IDEA's surface and reveals that the IDEA contains flaws that were evident at the time of its enactment that limit its effectiveness for poor and minority children. Both an expert in disability law and the mother of a child with a hearing impairment, Colker learned first-hand of the Act's limitations when she embarked on a legal battle to persuade her son's school to accommodate his impairment. Colker was able to devote the considerable resources of a middle-class lawyer to her struggle and ultimately won, but she knew that the IDEA would not have benefitted her son without her time-consuming and costly legal intervention. Her experience led her to investigate other cases, which confirmed her suspicions that the IDEA best serves those with the resources to advocate strongly for their children. The IDEA also works only as well as the rest of the system does: struggling schools that serve primarily poor students of color rarely have the funds to provide appropriate special education and related services to their students with disabilities. Through a close examination of the historical evolution of the IDEA, the actual experiences of children who fought for their education in court, and social science literature on the meaning of "learning disability," Colker reveals the IDEA's shortcomings, but also suggests ways in which resources might be allocated more evenly along class lines.

In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences-economic history, anthropology, and sociology-yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers.

Diagnosis of death by neurological criteria (DNC) is a construct which has been part of the British medico-legal landscape for nearly half a century. This book examines the factors behind its emergence, and discusses the various changes that took place in the last few decades that culminated in the current definition and clinical criteria for determining brain-based death. It highlights the continuities and discontinuities in practice, and the impact they have on the issue of withdrawal of mechanical ventilation in intensive care units and on the field of organ transplantation. The book also explores the law's response to the introduction and development of DNC in clinical practice. It demonstrates how the legitimacy of the definition and criteria used by the medical profession were forged in the courtroom rather than in Parliament. It documents why case law were introduced in court, and assesses whether organ donation was a consideration in the deliberations. It will be emphasised that courts have given insufficient consideration to requests made in recent cases to consider a broader range of methods to determine death. Those pleas were made on the grounds that the definition and criteria used in the UK are dissimilar to those used in other jurisdictions that also adopt DNC; and that faith communities have a different understanding of death. By taking a close look at those other approaches before highlighting the inherent limitations of the courtroom as the forum that confers DNC its legitimacy, the book puts forward the argument that the democratic process should be engaged.

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

The coronavirus pandemic struck unexpectedly, posing unprecedented challenges around the world. At the same time, this crisis also offers a unique opportunity for reflection, research, and insight regarding this and similar global and domestic crises. There is much to be learned from analysing the effects of the crisis. It provides a chance for a fresh scholarly examination of important aspects of legal regulation, policymaking, and more. This volume pursues these questions from a broad range of Law and Economics perspectives and is divided into two parts. The first part examines the immediate impact of and responses to the coronavirus crisis, while the second explores the future possibilities that scholarly analysis of this crisis can offer. As to the immediate impact and responses, questions of compliance with regulations and safety measures, nudging and decision-making with regard to the coronavirus crisis are examined from the perspective of behavioural economics. In addition, the short- and long-term effects of various emergency policy responses on contract law are studied. Current issues and challenges like the regulation of internet platforms, excessive pricing, the right to adequate food, risk and loss allocation, as well as remote learning and examinations, which have been impacted, brought about, complicated or aggravated by the coronavirus crisis, are analysed in depth. Lastly, future possibilities in the areas of data access rights, economic instability and the balance between political-economic interests and social interests, patenting, food labels and open data are illustrated.

This book identifies the potential of intellectual property as a competitive asset for Latin American firms. The authors employ a cognitive approach that involves identifying why small firms are reluctant to register patents, resorting rather to alternative IP competitive strategies. This, in turn, results in the undercapitalization of intellectual assets, thus creating hurdles for the development of capital venture markets. Using new data gathered from highly innovative SMEs in Latin America and the Caribbean, the authors bring a fresh cognitive approach towards understanding the institutional role of intellectual property, and outline various new policy recommendations.

This book considers the question of spatial justice after apartheid from several disciplinary perspectives - jurisprudence, law, literature, architecture, photography and psychoanalysis are just some of the disciplines engaged here. However, the main theoretical device on which the authors comment is the legacy of what in Carl Schmitt's terms is nomos as the spatialised normativity of sociality. Each author considers within the practical and theoretical constraints of their topic, the question of what nomos in its modern configuration may or may not contribute to a thinking of spatial justice after apartheid. On the whole, the collection forces a confrontation between law's spatiality in a "postcolonial" era, on the one hand, and the traumatic legacy of what Paul Gilroy has called the "colonial nomos", on the other hand. In the course of this confrontation, critical questions of continuation, extension, disruption and rewriting are raised and confronted in novel and innovative ways that both challenge Schmitt's account of nomos and affirm the centrality of the constitutive relation between law and space. The book promises to resituate the trajectory of nomos, while considering critical instances through which the spatial legacy of apartheid might at last be overcome. This interdisciplinary book will appeal to scholars of critical legal theory, political philosophy, aesthetics and architecture.

The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.

Juristen, Mediziner, Pharmazeuten und versicherungsrechtlich Interessierte finden in diesem Werk ein Kompendium, das die ganze Bandbreite des Medizin- und Haftungsrechts erfasst. Versicherungsrechtliche Problemstellungen und weitere Grundfragen des Privatrechts sind gleichfalls mit einbezogen. Hochkaratige Autoren aus den Bereichen der Jurisprudenz und der Medizin, aus Wissenschaft und Praxis geben Antworten auf zentrale Fragen zu Entwicklungen, zu aktuellen Brennpunkten und zu Perspektiven der genannten Gebiete. Den thematischen Gegenstanden, insbesondere der Medizin und seinen Rechtsfragen entsprechend werden intradisziplinar die uberkommenen Grenzen des Zivil-, Straf- und Offentlichen Rechts uberschritten. Die internationale Ausrichtung des Gesamtwerkes uberwindet die Einengungen des nationalen Rechts. Schliesslich wird die interdisziplinare Dimension von Recht, Haftung und Medizin in das Blickfeld geruckt. Mit ihren Beitragen ehren die Autoren anlasslich seines achtzigsten Geburtstages Erwin Deutsch, den in Deutschland und weit daruber hinaus hochgeschatzten Pionier und Grand Seigneur des Medizin- und Haftungsrechts."

This book focuses on the legal regulation, mainly from an international law perspective, of autonomous artificial intelligence systems, of their creations, as well as of the interaction of human and artificial intelligence. It examines critical questions regarding both the ontology of autonomous AI systems and the legal implications: what constitutes an autonomous AI system and what are its unique characteristics? How do they interact with humans? What would be the implications of combined artificial and human intelligence? It also explores potentially the most important questions: what are the implications of these developments for collective security -from both a state-centered and a human perspective, as well as for legal systems? Why is international law better positioned to make such determinations and to create a universal framework for this new type of legal personality? How can the matrix of obligations and rights of this new legal personality be construed and what would be the repercussions for the international community? In order to address these questions, the book discusses cognitive aspects embedded in the framework of law, offering insights based on both de lege lata and de lege ferenda perspectives.

This book accounts for over 25 of the most influential cases in international sports law, as written by some of the leading authorities in the area. Authors from Europe, the United States, Australia, South Africa, Canada and New Zealand trace the evolution of this emerging discipline of law through an analysis of individual cases, as discussed under a number of key debates and themes in contemporary sports law, including: the "public" nature of legal disputes in sport; player employment mobility litigation; doping and the spirit of sport; TV rights holding proceedings; and enduring themes in sports law such as on-field violence, spectator safety, animal welfare and gender equality. Valuable for sports law academics, arbitrators and practitioners, sports administrators and governing bodies, but also for students (postgraduate and undergraduate) and all those with an interest in international sports law.

The high profile cases of Charlie Gard, Alfie Evans, and Tafida Raqeeb raised the questions as to why the state intrudes into the exercise of parental responsibility concerning the medical treatment of children and why parents may not be permitted to decide what is in the best interests of their child. This book answers these questions. It argues for a reframing of the law concerned with the medical treatment of children to one which better protects the welfare of the individual child, within the context of family relationships recognising the duties which professionals have to care for the child and that the welfare of children is a matter of public interest, protected through the intervention of the state. This book undertakes a rigorous critical analysis of the case law concerned with the provision of medical treatment to children since the first reported cases over forty years ago. It argues that understanding of the cases only as disputes over the best interests of the child, and judicial resolution thereof, fails to recognise professional duties and public responsibilities for the welfare and protection of children that exist alongside parental responsibilities and which justify public, or state, intervention into family life and parental decision-making. Whilst the principles and approach of the court established in the early cases endure, the nature and balance of these responsibilities to children in their care need to be understood in the changing social, legal, and political context in which they are exercised and enforced by the court. The book will be a valuable resource for academics, students, and practitioners of Medical Law, Healthcare Law, Family Law, Social Work, Medicine, Nursing, and Bioethics.

Integrating interdisciplinary and cross-cultural analysis, this volume advances our understanding of sexual violence in intimacy through the development of more nuanced and evidence-based conceptual frameworks. Sexual violence in intimacy is a global pandemic that causes individual physical and emotional harm as well as wider social suffering. It is also legal and culturally condoned in much of the world. Bringing together international and interdisciplinary research, the book explores marital rape as individual suffering that is best understood in cultural and institutional context. Gendered narratives and large-scale surveys from India, Ghana and Africa Diasporas, Pacific Islands, Denmark, New Zealand, the United States, and beyond illuminate cross-cultural differences and commonalities. Methodological debates concerning etic and emic approaches and de-colonial challenges are addressed. Finally, a range of policy and intervention approaches-including art, state rhetoric, health care, and criminal justice-are explored. This book provides much needed scholarship to guide policymakers, practitioners, and activists as well as for researchers studying gender-based violence, marriage, and kinship, and the legal and public health concerns of women globally. It will be relevant for upper-level students and scholars in anthropology, sociology, psychology, women's studies, social work and public and global health.

EU Anti-Discrimination Law provides a detailed and critical analysis of the corpus of European Union law prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age, and sexual orientation. It takes into account the changes brought about by the Treaty of Lisbon and contains a thorough examination of the relevant case law of the Court of Justice of the EU. The book examines the background to the legislation and explains the essential characteristics and doctrines of EU law and their relevancy to the topic of anti-discrimination. It also analyses the increasingly significant general principles of EU law, the Charter of Fundamental Rights, and the relevant law flowing from the European Convention on Human Rights. The key concepts contained in anti-discrimination law are subjected to close scrutiny. The substantive provisions of the law on equal pay and the workplace and non-workplace provisions of the governing Directives are similarly examined, as are the numerous exceptions permitted to them. The complex rules governing the rights of pregnant women and those who have recently given birth are dealt with comprehensively and in a separate chapter. Equality in social security schemes is also discussed. The book concludes with an assessment of the practical utility of the existing law and the current proposals for its reform.

This book comprehensively discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the "system changes that will be brought about by technological changes" from the perspective of economics, i.e., the problem of modification faced by the system of fair use of copyright. Exploring the nature and function of fair use and repositioning the fair use system, the book proposes a better design for China's system of limitation on copyright and a readjustment of the copyright system. Lastly, in addition to analyzing the reconfigurations of fair use from an economic standpoint, the book describes in detail the interactions between legal systems and cultures.

Britain is now permanently a multiracial and multicultural society, with a race relations legislative framework. This is an analysis of the contribution made by this legislation to the development of British race relations. The politics of the Race Relations Act 1976, the issues regarding law enforcement and the impact of legislation in British race relations are examined. Contextualising Britain, the book puts the situation in this country within the European Union framework and compares it with the United States. It also looks to the future and makes relevant suggestions to improve the current legislation.

Education Restated: Getting Policy Right on Accountability, Teacher Pay, and School Choice offers the education policy community a roadmap for change in three hot-button policy areas. In each of these areas policy has been anchored around the wrong core values. By putting the right core values at the heart of policy, state governments can create more favorable conditions for education improvement at the local level. Education Restated takes a pragmatic approach to policy change, recognizing that the forces that created today's policies have not gone away-and that on complex issues there are legitimate competing interests. This book harmonizes the best ideas of opposing policy camps and identifies opportunities to strengthen connections between K-12 and early childhood. For advocates seeking common ground with historical adversaries, Education Restated provides some ideas on where they might find it.

This book draws a unique perspective on the regulation of access to clinical trial data as a case on research and knowledge externalities. Notwithstanding numerous potential benefits for medical research and public health, many jurisdictions have struggled to ensure access to clinical trial data, even at the level of the trial results. Pro-access policy initiatives have been strongly opposed by research-based drug companies arguing that mandatory data disclosure impedes their innovation incentives. Conventionally, access to test data has been approached from the perspective of transparency and research ethics. The book offers a complementary view and considers access to individual patient-level trial data for exploratory analysis as a matter of research and innovation policy. Such approach appears to be especially relevant in the data-driven economy where digital data constitutes a valuable economic resource. The study seeks to define how the rules of access to clinical trial data should be designed to reconcile the policy objectives of leveraging the research potential of data through secondary analysis, on the one hand, and protecting economic incentives of research-based drug companies, on the other hand. Overall, it is argued that the mainstream innovation-based justification for exclusive control over the outcomes of research and development can hardly rationalise trial sponsors' control over primary data from trials. Instead, access to such data and its robust analysis should be prioritised.

The book provides an in-depth discussion of democratic theory questions in relation to refugee law. The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee's situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion. The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.

With the ongoing evolution of the digital society challenging the boundaries of the law, new questions are arising - and new answers being given - even now, almost three decades on from the digital revolution. Written by a panel of legal specialists and edited by experts on EU Internet law, this book provides an overview of the most recent developments affecting the European Internet legal framework, specifically focusing on four current debates. Firstly, it discusses the changes in online copyright law, especially after the enactment of the new directive on the single digital market. Secondly, it analyzes the increasing significance of artificial intelligence in our daily life. The book then addresses emerging issues in EU digital law, exploring out of the box approaches in Internet law. It also presents the last cyber-criminality law trends (offenses, international instrument, behaviors), and discusses the evolution of personal data protection. Lastly, it evaluates the degree of consumer and corporate protection in the digital environment, demonstrating that now, more than ever, EU Internet law is based on a combination of copyright, civil, administrative, criminal, commercial and banking laws.