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Books > Law > Laws of other jurisdictions & general law > Social law > General
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.
When it comes to extending citizenship to certain groups, why might ruling elites say neither 'yes' nor 'no', but 'wait'? The dominant theories of citizenship tend to recognize clear distinctions between citizens and aliens; either one has citizenship or one does not. This book shows that not all populations are fully included or expelled by a state; they can be suspended in limbo - residing in a territory for protracted periods without accruing citizenship rights. This in-depth case study of the United Arab Emirates uses new archival sources and extensive interviews to show how temporary residency can be transformed into a permanent legal status, through visa renewals and the postponement of naturalization cases. In the UAE, temporary residency was also codified into a formal citizenship status through the outsourcing of passports from the Union of Comoros, allowing elites to effectively reclassify minorities into foreign residents.
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.
This is the second annual Special Education Law Annual Review. This book provides an exhaustive presentation of all decisions in special education cases brought under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act hear by the U. S. Court of Appeals for 2021, presented by circuit. The book reviews all policy documents related to the education of students with disabilities issued by the US Department of Education. This will include Dear Colleague Letters, question and answer documents, and published letters to specific individuals. This book will provide a guide on how to read a case, a description of how a special education case progresses through the administrative and judicial system, the legal importance of policy documents, and websites for follow-up research related to special education law. If there is any major federal legislation during the year (e.g., reauthorization of the IDEA, restraint and exclusion legislation) that will also be addressed in this book. This book will be the comprehensive summary of the year in special education law, and will provide important information to graduate students in education, education administrators, teachers, and practicing attorneys regarding appropriate educational practices for students with disabilities. Additionally, we will follow each section on case law and policy implications for educators. We will be including figures, tables, & checklists.
This book focuses on intellectual property (IP) in the context of product innovation and design-led start-up management. A distinguished feature is that it analyses innovation-related scenarios within their continuously changing contexts. IP is discussed in relation to the way in which its value changes over time as a venture matures. The book reveals how IP strategies can enhance a start-up's survival prospects and its growth potential if they are connected systematically to other business development attributes. Being mainly addressed to enterprising designers, it may also support business administration programmes, innovation hubs, design educators, incubator managers, as well as business coaches and IP attorneys who support creatives and inventors. All in all, this book offers a unique and timely strategic guidance in the field of design and innovation management. "Design and design rights have long been overlooked in the plethora of studies on the links between IPR and innovation. Matthias Hillner's thoughtful and eloquent journey provides a contemporary and meaningful analysis which will no doubt assist governments, economists, academics and designers' better understanding of design in the context of successful business strategies and IPR. Given design's significant contribution to global economies, I am confident it will offer much needed guidance." Dids Macdonald OBE, founder CEO of Anticopying in Design (ACID) "This is an immensely practical book for designers and entrepreneurs who want to understand the issues of IP, product innovation, and business development. With clear explanations, many vivid examples, and strategically useful tips, it will be a valuable resource for creative minds at all levels of experience. A serious book but written with a sensitive touch on how to protect new ideas." Richard Buchanan, Professor of Design, Management, and Innovation, Weatherhead School of Management, Case Western Reserve University
This book focusses on the debates concerning aspects of intellectual property law that bear on access to medicines in a set of developing countries. Specifically, the contributors look at measures that regulate the acquisition, recognition, and use of patent rights on pharmaceuticals and trade secrets in data concerning them, along with the conditions under which these rights expire so as to permit the production of cheaper generic drugs. In addition, the book includes commentary from scholars in human rights, international institutions, and transnational activism. The case studies presented from 11 Latin American countries, have many commonalities in terms of economics, legal systems, and political histories, and yet they differ in the balance each has struck between proprietary interests and access concerns. The book documents this cross-country variation in legal norms and practice, identifies the factors that have led to differences in result, and theorizes as to how differentials among these countries occur and why they endure within a common transnational regulatory regime. The work concludes by putting the results of the investigations into a global administrative law frame and offers suggestions on institutional mechanisms for considering the trade-offs between health and wealth.
This book provides an in-depth analysis of the unique structure of the Nigerian popular music industry. It explores the dissonance between copyright's thematic support for creative autonomy and the practical ways in which the law allows singer-songwriters' (performing authors') creative autonomy to be subverted in their contractual relationships with record labels. The book establishes the concept of creative autonomy for performing authors as a key criterion for sustainable economic development, and makes innovative legal and policy recommendations to help stakeholders preserve it.
The microneedle field has been expanding exponentially with innovative designs and various applications, thus capturing the interest of academic industry and regulatory sectors. Microneedles: The Future of Drug Delivery equips readers with a comprehensive understanding of microneedles; from percutaneous absorption to microneedles production, characterization, applications in drug delivery and diagnosis, to practical perspectives on the development, manufacturing, regulatory issues, and commercialization of microneedles. This book is written by a single author and thus provides complex information in a simple, elegant and cohesive style. The book is intended for graduate students, researchers, scientists and engineers working in the pharmaceutical, medical, cosmeceutical, and biotechnology industry.
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 unique guidebook presents a comprehensive analysis of the new Americans with Disabilities Act (ADA), the most significant federal civil rights law in almost 30 years, and its impact on over four million American businesses, state and local governments, nonprofit associations, 87 percent of America's private sector jobs, and 22.7 million working-age people with disabilities. Written by two Washington-based experts on the new federal mandate, the book relies on extensive interviews with federal officials and the expert opinion of business leaders, leaders in the disability community, and the authors of the legislation. Fersh and Thomas provide a clear analysis of the final federal regulations and their implications for businesses, nonprofit associations, state and local governments, and managers and employers who need to make modifications to physical barriers in places of public accommodation, such as stores and restaurants, and in barriers to equal employment in the workplace. The book uses case histories and Congressional reports and testimony to illustrate new employment procedures--from applications, testing, and insurance benefits to job descriptions, reasonable accommodation, and new rights in telecommunications and public ground transportation. The social, legislative, and economic history that led to the laW's enactment is illustrated through photographs and 18 tables. Included are specific guidelines on how to interview and work with people with disabilities, containing specific sections on people who use wheelchairs, and people with mental retardation, cerebral palsy, epilepsy, hearing and visual impairments, AIDS, speech impairments, learning disabilities, and mental illness. Also featured are how to sections for developing a compliance plan, implementing reasonable accommodation, and how to create an ADA awareness program for employees. The book explores the successful use of workers with disabilities in companies over the last twenty years, and the high costs of unemployment among working-age people with disabilities in tax revenues and lost productivity. Leaders and experts, such as I. King Jordan, Ph.D., president of Gallaudet University, provide short articles on their perspective of the ADA.
This book introduces "biolaw" as an integrated and distinct field in contemporary legal studies. Corresponding to the legal dimension of bioethics, the term "biolaw" is already in use in academic and research activities to denote legal issues emerging mostly from advanced technological applications. This book is a genuine attempt to rationalize the field of biolaw after almost four decades of continuous production of relevant legislation and judgments worldwide. This experience is a robust basis for defending a) a separate legal object, covering the total of legal norms that govern the management of life as a natural phenomenon in all its possible forms, and b) an "evolutionary" approach that opens the discussion on a future conciliation of legal regulation with the Theory of Evolution on the ground of biolaw.
Presents real-life, often complex, cases where specific aspects of mental capacity are assessed (based on the Mental Capacity Act 2005) Untangles the complexities of the Mental Capacity Act 2005 to provide clear guidance on how to tread the line between enacting the legislation and safeguarding the patient. Brings together clinical neuropsychology expertise with legal commentary, providing a comprehensive introduction to the complexities of the Mental Capacity Act 2005. Includes 'Reflections of a professional' to provide difference perspectives on key issues and assessments from nurses, social workers, legal professionals and case managers.
In the last few decades university teaching has been recognised as an activity which can be studied and improved through educational scholarship. In some disciplines this is now well established. It remains emergent in legal education. The field is rich with questions to be answered, issues to be raised. This book provides the first overall review of legal education scholarship. The chapters outline the history of legal education research and provide a detailed analysis of the trends in areas of publication. Beyond this, the book suggests a typology for further conceptualising the field and a series of suggested paths for future research. The book originated from the 2017 UNSW conference "Research in Legal Education: State of the Art?" It features internationally respected authors who bring their perspectives on how legal education - as a field of research - should be conceptualised. The collection is arranged into three themes. First, a historical view is taken of the emergence of legal education scholarship and its roots that predate modern educational theory. Secondly, the book provides overviews of the extant field of publications, highlighting areas of interest and neglect, and delineating the trends in current publication. Thirdly, the book provides a set of suggested typologies for describing legal education research and a series of essays for future directions which both critique current approaches and provide inspiration for future directions. The State of Legal Education Research represents an authoritative introduction to the field, a set of conceptual tools with which to describe it, and inspiration for researchers to expand and grow research into legal education.
This book considers contested responsibilities between the public and private sectors over the use of online data, detailing exactly how digital human rights evolved in specific European states and gradually became a part of the European Union framework of legal protections. The author uniquely examines why and how European lawmakers linked digital data protection to fundamental human rights, something heretofore not explained in other works on general data governance and data privacy. In particular, this work examines the utilization of national and European Union institutional arrangements as a location for activism by legal and academic consultants and by first-mover states who legislated digital human rights beginning in the 1970s. By tracing the way that EU Member States and non-state actors utilized the structure of EU bodies to create the new norm of digital human rights, readers will learn about the process of expanding the scope of human rights protections within multiple dimensions of European political space. The project will be informative to scholar, student, and layperson, as it examines a new and evolving area of technology governance - the human rights of digital data use by the public and private sectors.
Scholarly studies of value creation for consumer experience constitute a very fragmented field, spanning the disciplines of design, branding and marketing. The Value of Design in Retail and Branding creates a much-needed bridge between different disciplines involved in retail design, bringing together a range of research and insights for practice in these disciplines, improving the impact of design. Here Katelijn Quartier, Ann Petermans, TC Melewar and Charles Dennis bring together a team of field-leading, practice-based experts in order to offer an interdisciplinary, practice-oriented inquiry into how design plays a key role in defining a successful retail environment and experience. In four sections organised around the concepts of design, experience, context, and interdisciplinarity, contributors highlight how to achieve impactful branding and retail-experience design through a focus on such issues as local relevance and storytelling. As each chapter concludes by explaining how its findings can feed into practice, this book begins filling the gap between academic journals and visual case studies, ultimately providing fertile ground for further debate around best practice. For its interdisciplinary approach, its scholarly rigour, and its clearly articulated implications for practice, The Value of Design in Retail and Branding is of interest to scholars of design, branding and marketing as well as to practitioners within these fields.
This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options and solutions that judges have elaborated on. In turn, the book presents a systematic approach, based on a proposed pattern for classifying these various degrees, together with an in-depth analysis of the multi-layered role of jurisdictions and the means available to them for properly handling new legal demands arising in plural societies. The book outlines a model that makes it possible to focus on and address these issues in a sustainable manner, that is, to respond to individual requests and technological advances in the field of biolaw by consistently and effectively applying suitable legal instruments and jurisdictional interpretation.
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. -- .
The aim of this book is to delve into the impact of the Information and Communications Technologies in the criminal prevention and investigation, by addressing the state of the art of different measures and its implementation in different legal systems vis a vis the protection of human rights. Yet this research not only pursues a diagnostic goal but furthermore aims at providing a reconstruction of this problematic area in light of modern, human rights-oriented notion of criminal justice. This broadens the scope of this investigation, which encompasses both unprecedented safeguards to traditional, or anyway widely recognized individual rights and the emergence of new rights, such as the right to informational self-determination, and the right to information technology privacy. The book addresses the problems and potentials in the areas of criminal prevention and criminal investigation, taking into account that due to electronic surveillance and the progress in the use of big data for identifying risks, the borders between preventive and investigative e-measures is not clear-cut.
This book provides a set of proposals for the new conceptual network required in order to establish civil law rules for a world permeated by Artificial Intelligence. These proposals are intended by their authors to push the debate on the new civil law forward. In spite of the natural conservatism of jurists, some innovative or even futuristic ideas are called for, also because the future, even this not-so-distant one, is difficult to foresee. Paradoxically, and unlike in the past, this lack of knowledge must not stop us from planning. If it does, humankind may, as some pessimists already claim, lose its chance to win the battle for control of the world. The rise and expansion of Artificial Intelligence and robotics in recent years has highlighted a pressing need to create a suitable legal framework for this new phenomenon. The debate on the subject, although wide-ranging and involving many new legal documents, is still quite general and preliminary in nature, although these preparatory works illustrate the very real need to develop appropriate new civil law arrangements. It is exactly the branch of private law where the necessity of these new rules appears to be the most imperative. Autonomous vehicles, medical robots, and expertise software raise fundamental questions on aspects of civil liability such as culpability; whereas the growth in popularity of automated, intelligent software systems for concluding contracts requires a new approach to many fundamental and deeply rooted elements of contract law, e.g. consciousness, intent, error, deception, interpretation of contracts and good faith. Ruling on these specific matters demands the identification and clarification of certain key points, which shall become the foundation for constructing AI/robot civil law.
Health is a matter of fundamental importance in European societies, both as a human right in itself, and as a factor in a productive workforce and therefore a healthy economy. New health technologies promise improved quality of life for patients suffering from a range of diseases, and the potential for the prevention of incidence of disease in the future. At the same time, new health technologies pose significant challenges for governments, particularly in relation to ensuring the technologies are safe, effective, and provide appropriate value for (public) money. To guard against the possible dangers arising from new health technologies, and to maximize the benefits, all European governments regulate their development, marketing, and public financing. In addition, several international institutions operating at European level, in particular the European Union, the Council of Europe, and the European Patent Office, have become involved in the regulation of new health technologies. They have done so both through traditional 'command and control' legal measures, and through other regulatory mechanisms, including guidelines, soft law, 'steering' through redistribution of resources, and private or quasi-private regulation. This collection analyses European law and its relationships with new health technologies. It uses interdisciplinary insights, particularly from law but also drawing on regulation theory, and science and technology studies, to shed new light on some of the key defining features of the relationships and especially the roles of risk, rights, ethics, and markets. The collection explores the way in which European law's engagement with new health technologies is to be legitimized, and discusses the implications for biological or biomedical citizenship.
The risk of athletes sustaining concussion while participating in professional team sports raises two serious concerns both nationally and internationally. First, concussion in sport carries a public health risk, given that injured athletes may have to deal with significant long-term medical complications, with some of the worst cases resulting in Chronic Traumatic Encephalopathy (CTE). Secondly, sports governing bodies are now exposed to the risk of financial and reputational damage as a consequence of legal proceedings being filed against them. A good example of this, among many other recent examples, is the case of the United States of America's National Football League (NFL), the governing body for American football, which, in 2015, committed to pay US$ 1 billion to settle the class action filed by its former professional players. This book examines how to most efficiently reduce these public health and legal risks, and proposes a harmonised solution across sports and legal systems.
Nearly 50 years ago a California court heard a complaint from a recent high school graduate who alleged that he could not read at a level that would allow him to apply for, let alone hold, a meaningful job. He asserted that the public school district was negligent and that his prospects for a productive life were diminished by their negligence. The court disagreed and educational malpractice was cast outside the schoolhouse gate and an educational malpractice wall was erected. In sum, both federal and state courts have constructed a sturdy wall against the recognition of educational malpractice lawsuits. However, recent advances in research on instruction, statistical analyses that some have argued can identify substandard teaching, may have cracked the wall. Thus, confluence of events may lead to demolishing the educational malpractice wall constructed over the past half century. The authors of Raising a Cautionary Flag: Educational Malpractice and the Professional Teacher, explore the judicial reticence to recognize educational malpractice as a viable tort of negligence. They review the concept of what constitutes a professional, what is malpractice and how is it related to the professional malpractice of physicians and attorneys, and the potential responses to education malpractice. They conclude by raising a cautionary flag about breaching the judicial wall.
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