Social networks have created a plethora of problems regarding privacy and the protection of personal data. The use of social networks has become a key concern of legal scholars, policy-makers and the operators as well as users of those social networks. This pathbreaking book highlights the importance of privacy in the context of today's new electronic communication technologies as it presents conflicting claims to protect national and international security, the freedom of the Internet and economic considerations. Using the New Haven School of Jurisprudence's intellectual framework, the author presents the applicable law on privacy and social media in international and comparative perspective, focusing on the United States, the European Union and its General Data Protection Regulation of 2018 as well as Germany, the United Kingdom and Latin America. The book appraises the law in place, discusses alternatives and presents recommendations in pursuit of a public order of human dignity.

This book explores the fundamental and inextricable relationship between regulation, intellectual property, competition laws, and public health in prescription drugs markets, examining their interconnections and the delicate balance between the various interests and policy goals at stake. Although pharmaceutical markets are heavily regulated and subject to close antitrust scrutiny, there is a constant requirement for existing rules and policies to tackle a number of persistent, complex issues. The variety of anticompetitive practices occurring in this sector, the worrying rise in drug prices, and major, far-reaching concerns over the accessibility of medicines are sources of frequent controversy in academic and policy debate. Understanding the unique features and dynamics of the pharmaceutical industry requires a tailored and multifaceted approach. The study is enhanced by the adoption of a comparative perspective, tracing convergence and divergence between EU and US systems through the analysis of relevant applicable rules, emblematic case studies, and policy choices. Pursuant to this rigorous approach, the book provides an original and thought-provoking critique of the challenges of regulating pharmaceutical markets.

In 1954, the United States Supreme Court's ruling in Brown v. Board of Education Topeka (347 U.S. 483) overturned the prevailing doctrine of separate but equal introduced by Plessy v. Ferguson (163 U.S. 537) fifty-eight years prior. By the time Brown was decided, many states had created dual collegiate structures of public education, most of which operated exclusively for Caucasians in one system and African Americans in the other.

Although Brown focused national attention on desegregation in primary and secondary public education, the issue of disestablishing dual systems of public higher education would come to the forefront two years later in Florida ex rel. Hawkins v. Board of Control (350 U.S. 413 1956]). However, the pressure to dismantle dual systems of public education was not extended to higher education until the passage of the Civil Rights Act of 1964. Despite Title VI of this Act, which stated that No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, nineteen states continued to operate dual systems of public higher education. "The Quest to Define Collegiate Desegregation" explores the evolution of the legal standard for collegiate desegregation after Adams v. Richardson (351 F2d 636 D.C. Cir. 1972]).

This book is the first empirical study of police discretion in India. Going beyond anecdotal accounts, it addresses the issues and concerns of arrest discretion behaviour of police with analysis of available literature internationally, testing the validity in the context of police in India and explaining the gap that exists between the legislative intent and field law enforcement. It establishes how extralegal determinants like subculture, environment and situations influence arrest discretion as much as legal determinants such as statutes, rules, manuals and court rulings. It also provides vital explanations on the working of the police system in India. The volume will be of great interest to policymakers, police leaders, officers of judiciary, scholars and researchers of criminology and criminal justice, sociology and social anthropology and South Asian studies.

This book outlines the legal powers of a major Western nation - Australia - to collect and use location information. Mobile service and social media service providers now have the ability to track, record and store more precise location information. Unlike 4G, 5G mobile communications require that cell towers and antennas be in much closer proximity; as a result, the location data can reveal more personal and sensitive information about individual citizens. Despite this aspect, service providers are required to disclose the data to the authorities, without the need for a judicial warrant. This book was written from the perspective of big location data software analytics, a capability that makes it possible to combine various location data points to create a profile on a given individual's movements, habits, and political, religious and ideological orientation. In this regard, privacy is poorly protected. The rationale used to justify the powers was enforcing serious crimes - terrorism offences. Location data can now be retained for at least two years and be collected to investigate even minor offences. This can be done without the person being reasonably suspected of a criminal offence - when the individual is simply determined to be a person of interest. This poses legal risks to vulnerable communities. And yet, such investigative techniques are deemed lawful and reasonable. At a time when national security is so broadly defined to include economic issues, which in turn overlap with climate change and environmental protection, these legal powers should be reassessed. The book clarifies the complex rules that every citizen must know in order to have agency. Further, it calls upon authorities to reflect and to self-regulate, by making the conscious decision to surrender some of their powers to review by the independent judiciary. Without the requirement for a judicial warrant or judicial review, the powers are unfairly broad. The book pursues an interdisciplinary approach to assess the functionality of mobile telecommunications in direct relation to law enforcement powers and existing judicial precedents. Further, it offers a unifying techno-legal perspective on a complex issue touching on modern privacy law and communications technologies.

This book offers a new perspective on advance directives through a combined legal, ethical and philosophical inquiry. In addition to making a significant and novel theoretical contribution to the field, the book has an interdisciplinary and international appeal. The book will help academics, healthcare professionals, legal practitioners and the educated reader to understand the challenges of creating and implementing advance directives, anticipate clinical realities, and preparing advance directives that reflect a higher degree of assurance in terms of implementation.

This book provides a comprehensive overview on the long-term care systems in 12 EU member states and Norway. Focusing on the legal background and its main principles, it includes a comparative analysis which highlights the principal dissimilarities between European long term care benefits, but at the same time also a variety of features in common. It also discusses the increasingly transnational dimension of long-term as a result of migrants returning to their country of origin in old age, and the still-unsolved legal problem of entitlement to long-term care benefits in another EU-member state.

This book explores whether global music copyright law and the performers' rights regime (PRR) have been able to improve the economic position of artists, as they were originally intended to. The author investigates whether this regime effectively addresses contemporary issues regarding royalty payments and cover songs in Sri Lankan music, drawing on the empirical findings of a case study she conducted on the Sinhala music industry. She finds that the PRR developed internationally and implemented in Sri Lanka is predicated on a particular view of the role of performers and their relationships with other actors in the music industry; although this view can be found in the USA, UK and India, it does not seem to reflect the established practices and relationships within Sri Lanka's contemporary music industry. While providing a socio-historical and legal analysis of these differing industrial settings and investigating the manner in which they impact the PRR's (in)ability to deliver improved economic security for Sinhala singers, the book also offers policymakers recommendations on how to supplement current national copyright law and the PRR in order to provide a secure economic position for music artists in Sri Lanka.

Amid great concern for universal health care is succinct, well documented, accessible review of malpractice liability in health care and related professions. Freedman explores the nature of malpractice using commonly understood codes of ethics and statements of principles promulgated by the major associations of the health care industry itself, and then looks at malpractice liability from the viewpoint of court decisions and the fact patterns on which they are based. He also considers professional malpractice insurance and the right of health care industry professionals to determine for themselves whether the gains to be had from settling a claim out of court might outweigh the potential benefits from a successful litigation. Not just for attorneys but for their clients too, Freedman's book guides professionals through the principles of malpractice law, and in doing so provides them with guidance they need in today's malpractice crazed society.

This book gathers scientific contributions on comprehensive approaches to personalized medicine. In a systematic and clear manner, it provides extensive information on the methodological, technological, and clinical aspects of high-throughput analytics, nanotechnology approaches, microbiota/human interactions, in-vitro fertilization and preimplantation, and various diseases like cancer.Moreover, the book analyzes the social and legal aspects of social security systems, healthcare systems and EU law - e.g. the role of solidarity, regulatory possibilities and obstacles, justice and equality, privacy/disclosure of data, and the right to know - from an interdisciplinary perspective. Lastly, it explores the economical and ethical context in the fields of business models, intellectual property issues, the patient/physician relationship, and price discrimination.

This book discusses feature films that enrich our understanding of doctor-patient dilemmas. The book comprises general clinical ethics themes and principles and is written in accessible language. Each theme is discussed and illuminated in chapters devoted to a particular film. Chapters start with a discussion of the film itself, which shares details behind the making of the film; box-office and critical reception; casting; and other facts about production. The chapter then situates the film in a history of medicine and medical sociology context before it delves into the clinical ethics issues in the film, and how to use it as a teaching aid for clinical ethics. Readers will understand how each film in this collection served to bring particular clinical ethics issues to the public's attention or reflected medico-legal issues that were part of the public discourse. The book is a perfect instructor's guide for anyone teaching bioethics, healthcare ethics, medical sociology, medical history, healthcare systems, narrative medicine, or nursing ethics.

Addresses the relationship between law and the visual and the importance of photography in show trials. Includes case studies from Albania, East Germany, and Poland. Will appeal to legal and cultural theorists.

The book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.

The new third edition of Law and Society provides a balanced, multidisciplinary, and comprehensive overview of law as an essential social institution that both shapes and is shaped by society. Between this book’s covers, readers will find the theoretical and conceptual contributions of anthropologists, historians, law professors, political scientists, philosophers, psychologists, and sociologists. By synthesizing this wide range of perspectives, the book provides readers with a nuanced and in-depth context to think about, discuss, and analyze current trends, issues, and events. Through this book, readers will also grasp the many ways law affects the lives of individuals and, more generally, how law and society affect each other in matters such as dispute settlement, criminal law, social movements, inequality, and social control. The third edition is brought up to date with the helpful reorganization of chapters. Separate chapters exploring how we define law, the differences among the major families of law, and dispute processing make the textbook more readable and adaptable to specific course objectives. Thorough revisions across the chapters reflect the latest sociolegal perspectives and research and include many new references and contemporary examples to help students appreciate a wide range of law and society issues. This thoughtful and stimulating introduction to the field is ideal for advanced undergraduate courses in Law and Society and Introduction to Law.

The new third edition of Law and Society provides a balanced, multidisciplinary, and comprehensive overview of law as an essential social institution that both shapes and is shaped by society. Between this book’s covers, readers will find the theoretical and conceptual contributions of anthropologists, historians, law professors, political scientists, philosophers, psychologists, and sociologists. By synthesizing this wide range of perspectives, the book provides readers with a nuanced and in-depth context to think about, discuss, and analyze current trends, issues, and events. Through this book, readers will also grasp the many ways law affects the lives of individuals and, more generally, how law and society affect each other in matters such as dispute settlement, criminal law, social movements, inequality, and social control. The third edition is brought up to date with the helpful reorganization of chapters. Separate chapters exploring how we define law, the differences among the major families of law, and dispute processing make the textbook more readable and adaptable to specific course objectives. Thorough revisions across the chapters reflect the latest sociolegal perspectives and research and include many new references and contemporary examples to help students appreciate a wide range of law and society issues. This thoughtful and stimulating introduction to the field is ideal for advanced undergraduate courses in Law and Society and Introduction to Law.

Social law and policy have been moving increasingly into the mainstream of the European Union. In recent years there have been important changes to the Treaty framework for enacting social policy,bringing the role of the social partners to the fore. New Treaty provisions for adopting discrimination legislation have highlighted the potential role of the EU in combatting aspects of social exclusion, and in challenging disturbing phenomena such as racism and xenophobia. Social policy is increasingly linked to the emerging notion of Union citizenship. The arrival of the single currency in 1999 is now matched by a more pro-active EU-level policy on employment and the labour market. The analyses in this collection address these and other questions against the backdrop of the longstanding controversies over the nature and scope of EU social policy, including the UK's opt-out from certain provisions between 1993 and 1997, and the ongoing debate about whether EU social policy has, or should have, a social or an economic rationale.

Qualitative Research Approaches for Psychotherapy offers the reader a range of current qualitative research approaches congruent with the values and practices of psychotherapy itself: experience-based, reflective, contextualized, and critical. This volume contains fourteen compelling, challenging new essays from authors in both the Northern and Southern hemispheres, writing from a range of theoretical and cultural perspectives. The book covers both established and emerging approaches to qualitative research in this field, beginning with case study, ending with postqualitative, and with hermeneutic, reflexive, psychosocial, Talanoa, queer, feminist, critical race theory, heuristic, grounded theory, authoethnographic, poetic and collaborative writing approaches in between. These chapters introduce and explore the complexity of the specific research approach, its assumptions, challenges, ethics, and potentials, including examples from the authors' own research, therapeutic practice, and life. The book is not a 'how to' guide to methods but, rather, a stimulus for psychotherapy researchers to think and feel their way differently into their research endeavours. This book will be an invaluable resource to postgraduate students, practitioners and established researchers in psychotherapy who are undertaking (or considering) qualitative research for their projects. It will also appeal to course tutors and trainers looking for a volume around which to structure a qualitative research methods course.

I am deeply honoured and very pleased indeed to have been invited to write the Foreword to this book, especially as the great success of and excitement generated by the Beijing Olympics last Summer is still fresh in all our minds This is the first work on this important subject - the Olympic Games having been well described as 'the greatest sporting show on earth' - and the author, Alexandre Miguel Mestre, a distinguished Portuguese international sports lawyer, is to be warmly congratulated on producing it. The book covers the historical development of 'Olympic Law' and the current legal status of the International Olympic Committee (IOC) as an NGO (non-g- ernmental organisation) under Public International Law, and its various constituent members and organs. The UN resolutions on the Olympic Truce of which the latest one is published in the book, are of a recommendatory nature ('soft law'), but well illustrate the wide range of international legal instruments, which constitute the corpus of so-called 'Olympic Law', including the inter-State Nairobi Treaty on the Protection of the Olympic Symbol - the famous five interconnected rings. The book also addresses some contemporary legal issues affecting the Olympic Movement, including eligibility criteria, dual participation in the Olympics and the Paralympics as well as environmental concerns and the protection of the so-called 'Olympic Properties' - in other words the valuable intellectual property rights of the IOC including TV rights - without which the Olympic Games could not be financed and staged.

This book provides the first comprehensive, historically based, philosophical interpretations of two texts of Thomas Percival's professional ethics in medicine set in the context of his intellectual biography. Preceded by his privately published and circulated Medical Jurisprudence of 1794, Thomas Percival (1740-1804) published Medical Ethics in 1803, the first book thus titled in the global histories of medicine and medical ethics. From his days as a student at the Warrington Academy and the medical schools of the universities of Edinburgh and Leyden, Percival steeped himself in the scientific method of Francis Bacon (1561-1626). McCullough shows how Percival became a Baconian moral scientist committed to Baconian deism and Dissent. Percival also drew on and significantly expanded the work of his predecessor in professional ethics in medicine, John Gregory (1724-1773). The result is that Percival should be credited with co-inventing professionalism in medicine with Gregory. To aid and encourage future scholarship, this book brings together the first time three essential Percival texts, Medical Jurisprudence, Medical Ethics, and Extracts from the Medical Ethics of Dr. Percival of 1823, the bridge from Medical Ethics to the 1847 Code of Medical Ethics on the American Medical Association. To support comparative reading, this book provides concordances of Medical Jurisprudence to Medical Ethics and of Medical Ethics to Extracts. Finally, this book includes the first Chronology of Percival's life and works.

Penal Abolitionism and Transformative Justice in Brazil discusses how penal abolitionism provides fundamental theoretical bases and practical references for the construction of a transformative justice in Brazil, supporting the claim that justice is a socially constructed conception and that victims do not unanimously stand for punishment. The book explores how the active participation of the protagonists of a conflict in a face-to-face negotiation of symbolic reparation, can produce a sense of justice without the need to punish or impose suffering on anyone. Mapping the ways that restorative justice in Brazil has distanced itself from the potential of transformative justice, to the extent that it fails to politicize the conflict and give voice to victims, the book shows how it has resulted in becoming just a new version of penal alternatives with correctionalist content. Moving away from traditional criminal justice language and also from conservative approaches to restorative justice, the author argues that the communicative potential of the transformative kind of redress can be dissociated from the unproved assumption that legal punishment is essential or even likely to achieve justice or deterrence. The arguments are grounded in the Brazilian reality, where life is marked by deep social inequalities and a high level of police violence. By providing a review of the literature on restorative justice, transformative justice, and abolitionism, the book contextualizes the abolitionist debate in Brazil and its history in the 19th century. Penal Abolitionism and Transformative Justice in Brazil is important reading for students and scholars who study punishment and penal abolitionism, to think about what it is possible to do in societies so deeply marked by social injustice and a history of oppression.

This book addresses the key issues, challenges and implications arising out of changes in the copyright law and corresponding judicial responses. Using concrete examples, the book does not assume any prior knowledge of copyright law, but brings together leading intellectual property researchers to consider the significant role of copyright law in shaping the needs of the modern digital world. It provides an insight into two distinct arenas: copyright and digital media. The exponential increase in the ability to multiply and disseminate information by digital means has sparked numerous conflicts pertaining to copyright - and in turn has prompted lawmakers to expand the scope of copyright protection in the digital age. Bearing in mind the new questions that the advent of the digital age has raised on the role and function of copyright, the book presents a collection of papers largely covering new frontiers and changing horizons especially in this area. The contributions intensively address core issues including the exhaustion principle, copyright and digital media, liability of hosting service providers, the originality requirement, accessibility to published works for the visually disabled, criminalization of copyright infringement, and software protection under copyright law, among others. Consisting of 14 papers, this book will be equally interesting to researchers, policymakers, practitioners and lawmakers, especially those active in the field of Intellectual Property Rights (IPR).

How is free will possible in the light of the physical and chemical underpinnings of brain activity and recent neurobiological experiments? How can the emergence of complexity in hierarchical systems such as the brain, based at the lower levels in physical interactions, lead to something like genuine free will? The nature of our understanding of free will in the light of present-day neuroscience is becoming increasingly important because of remarkable discoveries on the topic being made by neuroscientists at the present time, on the one hand, and its crucial importance for the way we view ourselves as human beings, on the other. A key tool in understanding how free will may arise in this context is the idea of downward causation in complex systems, happening coterminously with bottom up causation, to form an integral whole. Top-down causation is usually neglected, and is therefore emphasized in the other part of the book 's title. The concept is explored in depth, as are the ethical and legal implications of our understanding of free will.

This book arises out of a workshop held in California in April of 2007, which was chaired by Dr. Christof Koch. It was unusual in terms of the breadth of people involved: they included physicists, neuroscientists, psychiatrists, philosophers, and theologians. This enabled the meeting, and hence the resulting book, to attain a rather broader perspective on the issue than is often attained at academic symposia. The book includes contributions by Sarah-Jayne Blakemore, George F. R. Ellis, Christopher D. Frith, Mark Hallett, David Hodgson, Owen D. Jones, Alicia Juarrero, J. A. Scott Kelso, Christof Koch, Hans K ng, Hakwan C. Lau, Dean Mobbs, Nancey Murphy, William Newsome, Timothy O Connor, Sean A.. Spence, and Evan Thompson.

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

The Ethical Educator: Pointers & Pitfalls for School Administrators is an accessible, nuts-and-bolts resource for education leaders at the school and district levels as they confront difficult ethical situations in their day-to-day work. The book features 100 real-life cases drawn from School Administrator magazine's Ethical Educator column over the past ten years. The dilemmas encompass numerous aspects of administration, from First Amendment and religious liberty issues to personnel and board relations. Every case provides an opportunity for the reader to consider how they might handle a similar situation and to reflect on the perspectives of experienced administrators who explain how they would address the dilemma. Each chapter begins with a down-to-earth introduction by a nationally recognized school district attorney, who touches on relevant legal parameters and case law. Making ethical decisions tests us as administrators, for those decisions set precedents that shape how others perceive our ethical judgment and, in turn, the ethical identity of the school or district. The Ethical Educator: Pointers & Pitfalls for School Administrators will help the reader become a more effective education administrator, a more courageous leader of a school organization, and simply a human being with a greater sense of ethical alignment and purpose.