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Books > Law > Laws of other jurisdictions & general law > Social law > General
Embryo research, cloning, assisted conception, neonatal care, 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, now in its sixth edition, Margaret Brazier and Emma Cave provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The book has been fully revised and updated to cover the latest cases, from assisted dying to informed consent; legislative reform of the NHS, professional regulation and redress; European regulations on data protection and clinical trials; and legislation and policy reforms on organ donation, assisted conception and mental capacity. 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 book addresses the fundamental conflict of interest that physicians face in their daily work lives between the ethics of proper medical care versus the demands of standard business practices. However, unlike other books of this sort, this one places direct responsibility for this ethical dilemma upon the shoulders of physicians themselves. Taking ethical, legal, and business perspectives into account, the book traces the historically evolving response of American physicians to ever-increasing business interests within the profession. These financial concerns now have become intrinsic not only to the practice of medicine but seemingly also to the character of a growing segment of its practitioners. The book offers a plea for a change to a more socialized healthcare system as used in other advanced nations.
"Due to the graphic nature of this program, viewer discretion is advised." Most of us have encountered this warning while watching television at some point. It is typically attached to a brand of reality crime TV that Paul Kaplan and Daniel LaChance call "crimesploitation": spectacles designed to entertain mass audiences by exhibiting "real" criminal behavior and its consequences. This book examines their enduring popularity in American culture. Analyzing the structure and content of several popular crimesploitation shows, including Cops, Dog: The Bounty Hunter, and To Catch a Predator, as well as newer examples like Making a Murderer and Don't F**K with Cats, Kaplan and LaChance highlight the troubling nature of the genre: though it presents itself as ethical and righteous, its entertainment value hinges upon suffering. Viewers can imagine themselves as deviant and ungovernable like the criminals in the show, thereby escaping a law-abiding lifestyle. Alternatively, they can identify with law enforcement officials, exercising violence, control, and "justice" on criminal others. Crimesploitation offers a sobering look at the depictions of criminals, policing, and punishment in modern America.
Additive Manufacturing and 3D Printing Technology: Principles and Applications consists of the construction and working details of all modern additive manufacturing and 3D-printing technology processes and machines, while also including the fundamentals, for a well-rounded educational experience. The book is written to help the reader understand the fundamentals of the systems. This book provides a selection of additive manufacturing techniques suitable for near-term application with enough technical background to understand the domain, its applicability, and to consider variations to suit technical and organizational constraints. It highlights new innovative 3D-printing systems, presents a view of 4D printing, and promotes a vision of additive manufacturing and applications toward modern manufacturing engineering practices. With the block diagrams, self-explanatory figures, chapter exercises, and photographs of lab-developed prototypes, along with case studies, this new textbook will be useful to students studying courses in Mechanical, Production, Design, Mechatronics, and Electrical Engineering.
The Psychology of Death Investigations outlines definitively how behavioral evidence can often provide the necessary components and "missing pieces" to complement physical evidence as an essential tool for incident reconstruction. In order to determine the direction of an investigation and to prioritize leads, if necessary, death investigators must establish the manner of a death: natural, accident, homicide or suicide. The most overlooked aspect of death investigation is the psychological dimension, which can provide unique leads, correct false assumptions, enhance investigative awareness, and solve cases in surprising ways. In an estimated 10-20% of cases, the manner of death cannot be determined, or worse, has been erroneously categorized. Since many jurisdictions can't afford behavioral consultants, this book has been written to provide practical information for a basic psychological analysis. If the circumstances surrounding a death are equivocal, psychological consultants can compile information retrospectively about a deceased person's mental state and possible motive to assist with unravelling ambiguity about the manner of death. This is the primary function of a psychological autopsy, and, as such, this is the first book of its kind dedicated solely to the topic. In the event that the manner of death is determined to be a homicide, behavioral profiling can help to focus the potential pool of suspects. Professionals and students alike will benefit from the exercise of cognitive awareness and the application of psychological logic presented. Psychologists, medical examiners, coroners, attorneys, fraud examiners, law enforcement personnel, death and homicide investigators, and students enrolled in criminal profiling, forensic psychology, and criminal justice programs will find this text to be a compelling and insightful reference to add to their professional toolkit.
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.
The scientific and technical development of any kind of germplasm is regulated by a vast network of treaties, conventions, international agreements, and national and regional legislation. These regulations govern biotechnological innovations in plants and microorganisms, access to and use of plant genetic resources, and biosafety. This complex mix has made it difficult to arrive at global interpretations, due to overlaps, gaps, ambiguities, contradictions, and lack of consistency. The big picture is even more complex, as a series of scientific developments - gene editing in particular - have in some cases rendered these international regulatory frameworks obsolete. This book puts forward an innovative approach: a "Comprehensive Plant Germplasm System". The System is a cooperative game theory-based proposal for a binding international convention which would supersede all other conventions, treaties, national and regional legislation covering native varieties and traditional developments, heterogeneous plant varieties, microorganisms, biotechnological inventions, plant genetic resources, and biosafety regulation. In short, it offers a comprehensive framework regarding intellectual property, biosafety, and business regulation and covers all types of germplasm. If applied, the system is expected to yield higher productivity rates in crops and improved food biodiversity, as well as a new paradigm based on the promotion of innovation for "Agriculture 4.0."
Building forth upon recent developments in democracy theory that have identified multiple forms of legitimacy, this volume observes a EU-wide shift from output legitimacy to input and throughput legitimacy. Top down policy making is increasingly meeting local resistance. As a result, the importance for policy makers of enhancing the democratic legitimacy of their policy plans has increased. In this volume, nine case studies are presented, seven case studies of protected areas in different countries (Belgium, Germany, Poland, Spain, Finland, France and the UK), and two case studies of protected species (the geese in the Netherlands, and the great Cormorant in Denmark and Italy). These case studies are followed by extensive comments. The volume opens with an introductory chapter on the problematic production of legitimacy in current European nature policy. It concludes with a chapter that situates the case studies within the wider EU environmental policy and political context.
The place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far for the reasons. The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and antithetical to core western ideals of rationality - all this has made the subject of emotion in legal education invisible. Yet the educational literature on emotion proves how essential it is to student learning and to the professional lives of teachers. This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning. Part 1 focuses on the contribution that neuroscience can make to legal learning, a theme that is carried through other chapters in the book. Part 2 explores the role of emotion in the working lives of academics and clinical staff, while Part 3 analyses the ways in which emotion can be used in learning and teaching. The book, interdisciplinary and wide-ranging in its reference, breaks new ground in its analysis of the educational lifeworld of situations, communities, actors and interactions in legal education.
"Due to the graphic nature of this program, viewer discretion is advised." Most of us have encountered this warning while watching television at some point. It is typically attached to a brand of reality crime TV that Paul Kaplan and Daniel LaChance call "crimesploitation": spectacles designed to entertain mass audiences by exhibiting "real" criminal behavior and its consequences. This book examines their enduring popularity in American culture. Analyzing the structure and content of several popular crimesploitation shows, including Cops, Dog: The Bounty Hunter, and To Catch a Predator, as well as newer examples like Making a Murderer and Don't F**K with Cats, Kaplan and LaChance highlight the troubling nature of the genre: though it presents itself as ethical and righteous, its entertainment value hinges upon suffering. Viewers can imagine themselves as deviant and ungovernable like the criminals in the show, thereby escaping a law-abiding lifestyle. Alternatively, they can identify with law enforcement officials, exercising violence, control, and "justice" on criminal others. Crimesploitation offers a sobering look at the depictions of criminals, policing, and punishment in modern America.
For some people with disabilities, their interest and skills are best applied to laboratory work. Science laboratories are environments where hazardous materials and processes are in use, and assessments are required to mitigate risk and ensure compliance with Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) regulations. Accommodating individuals in a laboratory requires balancing adherence to those regulations, as well as the Americans with Disabilities Act (ADA) technical access standards. Individualized assessment and accommodation are needed to ensure that a qualified individual with a disability can work or study effectively in the laboratory while ensuring a safe working environment for all. This book is intended to be a helpful guide for professionals to understand how to provide equal access to people with disabilities in a laboratory environment. It will review the breadth of protections that are provided by the ADA. This book also covers the roles and responsibilities of persons involved in laboratory oversight, including institutional policies and their limitations with respect to providing appropriate support for individualized assessments in the laboratory.
FIFA has accepted the jurisdiction of the CAS as from 11 November 2002. This date does not mark the beginning of the arbitration of the CAS in football matters, however it has to be stated, that from this date on football disputes in front of the CAS increased enormously. This book is dedicated to the most important decisions of the CAS in football disputes. These awards are analyzed by experts, practicing all over the world. Most of the authors have been directly involved in the proceedings before the CAS. The commentaries cover a broad spectrum of disputes, inter alia, disputes concerning the contractual stability, protection of young football players, doping, football hooliganism, match fixing, players release, multiple club ownership, player agents and the stays of execution. This book provides a wide range of valuable information and is a useful tool for those whose main concern is professional football, such as sports lawyers, sports managers and sports agents, but also academics and researchers. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.
It is a pleasure to write this Foreword to the second, expanded edition of Ian Blackshaw's well-respected book on the extra-judicial settlement of sports disputes through mediation and arbitration. Prof Blackshaw is a master of his subject who explains in clear and straightforward terms the various forms of alternative dispute resolution (ADR) methods available for dealing with a wide range of different kinds of sports disputes, which are on the increase, not least because of the huge sums of money that are nowadays at stake in sport at the elite level. As I have written elsewhere, "[t]he unique investment of competitive egos, emotions, expec- tions, and money in international sports almost guarantees a dividend of highly charged disputes.... . [and] [t]he structure for resolving them is complex. " Dispute resolution, is one of the most critical issues which overshadow the sports arena. As Prof Blackshaw rightly points out however, ADR is "not a panacea" for settling all kinds of sports disputes, and so the role of the courts must not be underestimated. This is true in both Europe and the United States of America, where I practice and teach international sports law. The expanded version of this book includes a more in-depth study of the functions and role of the Court of Arbitration for Sport (CAS), based in Lausanne, Switzerland, and also a review of the contribution of CAS to an emerging so-called 'Lex Sportiva'.
The pursuit of social solidarity and social justice has typically occurred within the boundaries of nation states. Yet in 2000, EU Member States committed themselves to make a decisive impact on the eradication of poverty and agreed to coordinate their activities within the framework of a novel governance process: the Open Method of Coordination (OMC). This book analyzes the emerging governance of social inclusion in the EU and the use of the OMC as a mechanism of Europeanization of domestic social policy. Armstrong's exploration of EU interventions to combat poverty and social exclusion addresses the changing constitutional, policy and governance context in which these interventions have occurred. It traces the impact of debates surrounding the Lisbon Treaty and the Lisbon Strategy in framing the possibilities and limits of EU action. Drawing on primary documentary material, on interviews with key actors and on a wide range of academic literature, this study offers a socio-legal account of the successes and failures of a decade of EU policy coordination. Utilizing the conceptual and theoretical tools associated with institutionalist analysis and experimental governance to develop the discussion of Europeanization, the book will be of value not only to scholars working on EU policymaking but also to those interested in changing patterns of public authority in the social sphere more generally.
These Recommendations have been developed by the United Nations Economic and Social Council's Committee of Experts on the Transport of Dangerous Goods in the light of technical progress, the advent of new substances and materials, the exigencies of modern transport systems and, above all, the requirement to ensure the safety of people, property and the environment. They are addressed to governments and international organizations concerned with the regulation of the transport of dangerous goods. They do not apply to the bulk transport of dangerous goods in sea-going or inland navigation bulk carriers or tank-vessels, which is subject to special international or national regulations.
Text, Cases and Materials on Medical Law combines detailed commentary and analysis of the law with excerpts from a range of sources, both legal and non-legal, to help set the law in context and deepen your knowledge of this contentious and highly emotive area of law.
This book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials and presents original findings regarding the impact of this evidence on jurors. The book presents findings of the first research in England and Wales that has examined how jurors interpret, discuss, and rely upon sexual history evidence in deliberations. It draws upon qualitative and quantitative findings of 18 mock jury simulation panels, to highlight the complex, nuanced and intersectional impact of this evidence. Findings highlight ongoing prejudicial impact of sexual history evidence, with jurors routinely drawing upon rape myths and stereotypes about sexual violence, to posit relevance of this evidence and undermine the perceived credibility of the complainant. These findings are embedded within broader discussions about evidential legitimacy in rape trials and use good practice observed in other jurisdictions, to make numerous recommendations for change. Aiming to inform academic, policy and legislative discussions in this area, Sexual History Evidence in Rape Trails will be of great interest to students and scholars of Criminal Law and Criminology, as well as policy makers and legal practitioners.
The landmark National Survey of Child and Adolescent Well-Being
(NSCAW) study represents the first effort to gather nationally
representative data, based on first-hand reports, about the
well-being of children and families who encounter the child welfare
system. NSCAW's findings offer an unprecedented national source of
data that describe the developmental status and functional
characteristics of children who come to the attention of child
protective services. Much more than a simple history of placements
or length of stay in foster care, NSCAW data chart the trajectory
of families across service pathways for a multi-dimensional view of
their specific needs. The NSCAW survey is longitudinal, contains
direct assessments and reports about each child from multiple
sources, and is designed to address questions of relations among
children's characteristics and experiences, their development,
their pathways through the child welfare service system, their
service needs, their service receipt, and, ultimately, their
well-being over time.
This book focuses on analysing how legal systems set the terms for interactions between human beings and plants. The story that the book recounts is one of experimental lawmaking in Ecuador, a country where over the past decade, governmental officials and civil society advocates have attempted to reconfigure how human individuals and institutions relate to nature, by following an "eco-centric" approach to lawmaking. In doing so, Ecuadorian legislators, administrators, and judges have taken seriously the ontologies of non-human entities, including plants, through a process that has required the continuous navigation of tensions with certain "logics" that pervade conventional legal regimes. The book endeavours to disrupt these conventional assumptions and approaches to lawmaking by taking seriously alternative strategies to reconstitute interactions between people and plants. In doing so, the book argues in favour of an "ecological turn" in laws that govern vegetal life. The analysis is based on a close examination of the experiences that lawmakers in Ecuador have had when experimenting with innovative approaches to re-form relationships between human and non-human beings. Concretely, these experiments have yielded constitutional, legislative, and regulatory changes that inform the inquiry of how intellectual property and plant genetic resources laws - both in Ecuador and worldwide - could become more "ecological" in nature. The argument that the book develops is based on extensive ethnographic fieldwork and empirical research in Ecuador, complemented by archival and doctrinal legal analysis. The contents of the book will be of interest to an academic audience of legal scholars and postgraduate students in law, in addition to scholars and students in the fields of anthropology, sociology, socio-legal studies, and science and technology studies.
Written by a working journalist with over 20 years' experience, Law for Journalists is designed to equip you with a solid understanding of the day-to-day legal principles and practices you will need throughout your career. Suitable for use on courses accredited by the NCTJ and BCTJ, this book is packed full of practical tips and suggestions, making it a must-have guide to media law for journalism students, trainees and working journalists alike. New to this edition: Discussion of the first cases brought since the Defamation Act 2013 came into force, highlighting how the new provisions are being interpreted by the courts. Increased coverage of broadcast and online journalism, and social media. More detailed focus on the ethical codes of practice used by Ofcom and IPSO.
Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role.
Bringing together a range of perspectives, this book establishes a criminology of the domestic, paying particular attention to emerging spatial and relational reconfigurations. We move beyond criminologies of public and urban domains to consider over-looked non-public locales, and crimes and harms that occur in the home and other private spaces. Developed in the context of the COVID-19 lockdowns, where distinctions between public and private became increasingly untenable, the book considers how the pandemic has accelerated new patterns of behaviour, enabled by technology and shifting social relations. Drawing on a range of criminological topics, including victimisation, offending, property and violent crime, consumption, deviance and leisure, and zemiology, the book argues that the domestic sphere, and its relation to the public realm, needs to be more carefully conceptualised if criminology is to respond to new spatial and relational dimensions of changing lifestyles. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics, geography, history, gender, surveillance and security and all those interested in a criminology of the domestic sphere.
This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and 'aparadigmatic' cases. The book defines transitional justice as the pursuit of accountability, recognition and/or disruption and applies an actor-centric analysis focusing on justice actors' intentions of and responses to transitional justice. It offers a typology of different transitional justice contexts ranging from societies experiencing ongoing conflict to consolidated democracies, and includes chapters from all types of aparadigmatic contexts. This covers transitional justice in states with contested political authority, shared political authority, and consolidated political authority. The transitional justice initiatives explored by the wide range of contributors are those of Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria, Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these aparadigmatic case studies, the book develops a new framework that, appropriate to its expanding reach, allows us to understand the practice of transitional justice in a more context-sensitive, bottom-up, and actor-oriented way, which leaves room for the complexity and messiness of interventions on the ground. The book will appeal to scholars and practitioners in the broad field of transitional justice, as represented in law, criminology, politics, conflict studies and human rights.
It is widely claimed that we are facing a 'demographic time bomb' with an increasing older population and a decreasing working population. On the whole there are three conflicting attitudes in society towards older people. Firstly, there are those who see older people as a 'problem': how can we afford their care? Will the NHS be crippled by the expense of caring for older people? Secondly, there are those who are concerned by the maltreatment of older people: how can we protect older people from abuse? How can we be sure they are receiving adequate health care? Finally, there are those who argue that society is squandering the resources that older people can offer and seek ways to empower them to play a more active role in community life. These conflicting views of how to approach the 'problem' of older people are also reflected in the mixed response of the law. This book presents possible solutions to these problems and highlights the need not only to protect older people from abuse and poverty in order to ensure that they have a dignified old age, but also the need to empower older people to live their final years in an active and fulfilling way.
This book discusses issues relating to the application of AI and computational modelling in criminal proceedings from a European perspective. Part one provides a definition of the topics. Rather than focusing on policing or prevention of crime - largely tackled by recent literature - it explores ways in which AI can affect the investigation and adjudication of crime. There are two main areas of application: the first is evidence gathering, which is addressed in Part two. This section examines how traditional evidentiary law is affected by both new ways of investigation - based on automated processes (often using machine learning) - and new kinds of evidence, automatically generated by AI instruments. Drawing on the comprehensive case law of the European Court of Human Rights, it also presents reflections on the reliability and, ultimately, the admissibility of such evidence. Part three investigates the second application area: judicial decision-making, providing an unbiased review of the meaning, benefits, and possible long-term effects of 'predictive justice' in the criminal field. It highlights the prediction of both violent behaviour, or recidivism, and future court decisions, based on precedents. Touching on the foundations of common law and civil law traditions, the book offers insights into the usefulness of 'prediction' in criminal proceedings. |
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