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Books > Law > Laws of other jurisdictions & general law > Social law > General
Crime in TV, the News, and Film provides a fresh look at the interplay between criminal events and the media outlets that cover them. The authors' diverse backgrounds-- a criminologist researcher, a documentarian and media professor, a police officer, and a criminologist who is a former TV reporter-- allow for frank discussion. Combining field experience with criminological research, the book gives insight to the everyday media operations that can produce most people's views on crime and profoundly influence public opinion-- public opinion that often frames public policy. Viewers of crime dramas and consumers of news will gain a new understanding of the way their programs are produced. Readers will become more aware of the issues and biases that sometimes cloud perceptions of crime and criminals. Finally, both experts and scholars interested in the subject will improve their discernment of media stories and media depictions, shining a light on crime in a hazy field. This book can be used in the classroom for an array of courses in the fields of media and communications, criminology, sociology, and more.
This open access book explores the legal aspects of cybersecurity in Poland. The authors are not limited to the framework created by the NCSA (National Cybersecurity System Act - this act was the first attempt to create a legal regulation of cybersecurity and, in addition, has implemented the provisions of the NIS Directive) but may discuss a number of other issues. The book presents international and EU regulations in the field of cybersecurity and issues pertinent to combating cybercrime and cyberterrorism. Moreover, regulations concerning cybercrime in a few select European countries are presented in addition to the problem of collision of state actions in ensuring cybersecurity and human rights. The advantages of the book include a comprehensive and synthetic approach to the issues related to the cybersecurity system of the Republic of Poland, a research perspective that takes as the basic level of analysis issues related to the security of the state and citizens, and the analysis of additional issues related to cybersecurity, such as cybercrime, cyberterrorism, and the problem of collision between states ensuring security cybernetics and human rights. The book targets a wide range of readers, especially scientists and researchers, members of legislative bodies, practitioners (especially judges, prosecutors, lawyers, law enforcement officials), experts in the field of IT security, and officials of public authorities. Most authors are scholars and researchers at the War Studies University in Warsaw. Some of them work at the Academic Centre for Cybersecurity Policy - a thinktank created by the Ministry of National Defence of the Republic of Poland.
This easy-to-read book explains the nuts and bolts of the Mental Capacity Act 2005 that clinicians need to understand and use in their daily practice. This Act now gives all clinicians the authority to provide medical care and treatment for people over 16 years of age who lack the capacity to consent for themselves. It covers: how to assess whether a person lacks capacity and how to clarify the threshold of decision-making incapacity; the range, scope and limitations of the various authorities to treat (including 'best interests' decisions, advance decisions and lasting powers of attorney); the range of safeguards in place (such as the Deprivation of Liberty Safeguards (DoLs), the Court of Protection and Independent Mental Health Advocates); and relevant aspects of the Human Rights Act 1998, the Mental Health Act (including all recent amendments) and illustrative case law. There have been numerous developments in case law in the two years since the first edition. The second edition expands on clinically relevant issues from the courts, and assists in bridging the gap between court judgments and the frontline clinician.
Three years ago, the first Liquid Legal book compelled the legal profession to reassess its identity and to aspire to become a strategic partner for corporate executives as well as for clients. It also led to the foundation of the Liquid Legal Institute (LLI) - an association that sparks innovation and drives collaboration in the legal industry. This second Liquid Legal book builds on the LLI's progress and on the lessons learned by a legal community that has moved beyond focusing purely on LegalTech. It not only presents an outlook on how legal professionals will operate in the future, but also allows readers to develop a genuine understanding of the value of digitalization, standardization and new methodologies. Further, the book outlines a Common Legal Platform (CLP) and makes it the common point of departure for every author, offering inspiring insights from a wide range of forward-thinking experts who are all invested in driving new thinking within the legal ecosystem. The book also features "Liquid Legal Waves," which provide links between the various articles, connecting concrete ideas, practical solutions and specific topics and putting them into perspective, and so creating a true network of ideas for readers. A must read, this book is vibrant proof of the power of sharing, collaboration and coopetition, helping the legal profession to shape its digital future and revitalize its relevance while retaining a focus on the human lawyer.
"The Deskbook of Art Law" offers commentary on the purchase, protection and preservation of fine and applied art, addressing the effect that the established definitions have on laws, regulations, and endorsements. This insightful work can help guard against seizure, loss, prosecution, and embarrassment by ensuring the strength of contracts, the validity of claims, and the ownership of rights. It is updated approximately two times per year.
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 2020, 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.
In this book, the protection of personal data is compared for eight EU member states,namely France, Germany, the United Kingdom, Ireland, Romania, Italy, Sweden andthe Netherlands. The comparison of the countries is focused on government policiesfor the protection of personal data, the applicable laws and regulations, implementationof those laws and regulations, and supervision and enforcement. Although the General Data Protection Regulation (GDPR) harmonizes the protectionof personal data across the EU as of May 2018, its open norms in combination withcultural differences between countries result in differences in the practical implementation,interpretation and enforcement of personal data protection. With its focus on data protection law in practice, this book provides indepth insightsinto how different countries deal with data protection issues. The knowledge and bestpractices from these countries provide highly relevant material for legal professionals,data protection officers, policymakers, data protection authorities and academicsacross Europe. Bart Custers is Associate Professor and Director of Research at the Center for Law andDigital Technologies of the Leiden Law School at Leiden University, the Netherlands.Alan M. Sears, Francien Dechesne, Ilina Georgieva and Tommaso Tani are all affiliated tothat same organization, of which Professor Simone van der Hof is the General Director.
This research book is the first of its kind to conduct an interdisciplinary research on the recent and dramatic developments in China's music industries with a particular focus on business models, copyright protection, and artist compensation. The monograph explores and discusses proper business models through which revenue can be generated and maintained in a changing copyright climate and transforming business environment. It also discusses how musicians can be fairly compensated in the online platform economy informed by social entrepreneurship. This book is distinctive in the sense that it explores the intersection of cultural and creative industries, legal studies, business studies, and new media. It uses a qualitative and mixed-method approach to study business innovations and institutions in the making in the second largest economy which is also gaining cultural and political significance around the world.
This book, exploring the theoretical and practical implications of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), brings together an international and interdisciplinary group of leading researchers in the areas of philosophy of disability, disability law, and disability policy. It addresses both the philosophical foundations of the CRPD as well as complex contemporary legal and policy debates. With a comprehensive introduction outlining key milestones in the development and implementation of the CRPD, the book addresses the most fundamental questions the CRPD raises for the way we think about human rights, law, and disability, and how we operationalize rights in the legal and policy domains. The contributors traverse themes of personhood, equality, capacity, and intersectionality, explore the dilemmas involved in translating these concepts in practice, and reflect on the promises and limitations of the human rights project.
This book builds an empirical basis towards creating broader prevention and intervention programs in curbing digital piracy. It addresses the psychosocial, cultural and criminological factors associated with digital piracy to construct more efficient problem-solving mechanisms. Digital piracy including online piracy involves illegal copying of copyrighted materials. This practice costs the software industry, entertainment industry, and governments billions of dollars every year. Reports of the World Intellectual Property Organization (WIPO) and Business Software Alliance (BSA) view piracy largely in the light of economic factors; the assumption being that only those who cannot afford legitimate copies of software, music, and movies indulge in it. Drawing on research and theories from various disciplines like psychology, sociology, criminology, and law, the authors have designed an empirical study to understand the contribution of psychological, cultural and criminological factors to digital piracy. The chapters include data from India and China, which continue to be on the Special 301 report priority watch list of the WIPO, and Serbia, which has been on the watch list 4 times. They examine the role of self-control, self-efficacy, perceived punishment severity, awareness about digital piracy, peer influence, neutralization techniques, novelty seeking, pro-industry factors and other socio-demographic factors in predicting digital piracy. This book addresses a large readership, comprising academics and researchers in psychology, criminology and criminal justice, law and intellectual property rights, social sciences, and IT, as well as policymakers, to better understand and deal with the phenomenon of digital piracy.
This book argues that legal theory provides a jumping-off point for the study of controversial topics related to the work of Practicing Healthcare Ethicists (PHEs). Healthcare ethics consultation has had a place in healthcare for many decades yet the nature of the work is not well understood by many of its critics as well as its defenders. PHEs have been described as compromised and ineffectual, politicised and undemocratic, and their promise to offer sound advice has been deemed irredeemably incoherent in the context of value pluralism. Legal theorists have long attended to the relationship between law and morality, and the supposed tension between democracy and the role of an expert judiciary. An appreciation that these debates are not unique to the practice of healthcare ethics can help PHEs to engage critics with a renewed confidence and some fresh approaches to perennial, and hitherto unproductive, arguments. This book will be of great interest to practicing healthcare ethicists, as well as those who rely upon their services (healthcare professionals and healthcare leaders, patients, and their families) as well as academics working in the broader field of bioethics.
This book argues that large corporations need to implement governance practices and processes that make them better innovators and that the challenge is to identify organizational principles and practices that provide the best chance of delivering innovative products to create a meaningful consumer experience. In this context, it is important to recognize that when we address organizational forms, we are not thinking of corporate governance in the sense of managing agency costs and ensuring regulatory compliance, but the more pressing business task of putting in place organizational systems and processes that facilitate value creation through continued and sustained innovation. The book examines how the contemporary concept and discourse of corporate governance may be obsolete or, at least, is increasingly disconnected from the needs and realities of the most innovative firms today. The concept of organizing for innovation-identifying process and practices that deliver the best opportunities for innovation-needs to take centre stage. This book aims to contribute to the nascent debate in this area by bringing together a series of chapters that examine various issues related to organizing for innovation.
Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.
Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole ("algorithmic governance"), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics ("governance of algorithms"). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.
This book presents a comprehensive analysis of the alterations and problems caused by new technologies in all fields of the global digital economy. The impact of artificial intelligence (AI) not only on law but also on economics is examined. In the first part, the economics of AI are explored, including topics such as e-globalization and digital economy, corporate governance, risk management, and risk development, followed by a quantitative econometric analysis which utilizes regressions stipulating the scale of the impact. In the second part, the author presents the law of AI, covering topics such as the law of electronic technology, legal issues, AI and intellectual property rights, and legalizing AI. Case studies from different countries are presented, as well as a specific analysis of international law and common law. This book is a must-read for scholars and students of law, economics, and business, as well as policy-makers and practitioners, interested in a better understanding of legal and economic aspects and issues of AI and how to deal with them.
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.
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.
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. |
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