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Books > Law > Laws of other jurisdictions & general law > Social law > General
The push towards greater autonomy is one of the three main trends in every modern educational policy, alongside quality assurance and quality evaluation techniques and the need to devote attention to special a" and often disadvantaged a" target groups. It is, however, difficult to derive a unified concept of autonomya (TM) from the comparative indicators which are published on a regular basis and it has emerged that there are significant differences depending on the specific area and the administrative organisation of education in the country in question. During the discussions of the annual Congress of the European Association for Education Law and Policy (ELA) in Salzburg (1998) it was apparent that autonomy has to be considered in its various applications. Autonomy for school boards is realised through management, administrative mechanisms, management of staff and pedagogical options. Autonomy of administration requires competence, the willingness to establish an autonomous administration and awareness of each partya (TM)s responsibility in the educational process. The contents of this Yearbook are an answer to the question of how legislatures are responding to the trend towards greater responsibility, decentralisation and autonomy. It is an overview of the efforts made by the Member States of the European Union to apply the principle of subsidiarity.
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.
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.
Recent years have seen increased interest in international philanthropy and cross-border charitable giving. A new generation of high-net-worth individuals, keen to dedicate part of their wealth to philanthropic purposes, and an increasingly global charitable landscape raise a range of complex issues. What is a 'charity'? Does that definition vary from one jurisdiction to another? Are domestic charities taxed differently to foreign organizations? Written by a team of experts from around the world, International Charitable Giving provides a detailed and much-needed treatment of the interaction between the various legal systems at play in this complicated area of the law. By untangling the many issues facing practitioners, it facilitates clear and comprehensive advice to donors and recipients alike. The book provides a comprehensive picture of the most important issues relevant to charitable giving and philanthropy worldwide, including taxation, issues surrounding money laundering and terrorist financing, and the role of EU Law. Alongside a thorough discussion of the broader issues impacting on charitable donation, the book includes a range of chapters on specific national legal systems, including Switzerland, Israel, and Hong Kong, as well as a chapter on Islamic Law. Each of the jurisdictions has been selected because of its tradition of charitable giving and relevance to the transfer of charitable monies internationally, as well as its importance in relation to the jurisprudence in the field. Expertly written, these chapters provide a detailed survey of the laws, regulations, and policies governing charities and their activities in the relevant jurisdiction, together with an examination of the procedures to be followed for tax-efficient transborder charitable giving.
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.
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.
"As esports has grown, the need for professional legal representation has grown with it. Justin's Essential Guide to the Business & Law of Esports & Professional Video Gaming provides a great baseline and will help prevent the legal horror stories of esports in the past." Mitch Reames, AdWeek and Esports Insider "Justin's exploration of the business and law side of the esports sector fills a gap of knowledge that is an absolute necessity in truly understanding the esports space." Kevin Hitt, The Esports Observer The Essential Guide to the Business & Law of Esports & Professional Video Gaming covers everything you need to know about the past, present, and future of esports and professional video gaming. The book is written by one of the foremost attorneys and business practitioners in today's esports and professional gaming scene, Justin M. Jacobson, Esq. This guide is meant to provide you with an in-depth look at the business and legal matters associated with the esports world. * Includes coverage of the stakeholders in the esports business "ecosystem," including the talent, the teams, the publishers, and the event organizers. * Explores various legal fields involved with esports, including intellectual property, employment and player unions, business investments and tax "write-offs," immigration and visas, event operation tips, social media and on-stream promotions, and much more. * The most current book on the market, with actual contract provisions modeled on existing major esports player, coach, shoutcaster, and sponsorship agreements. About the Author Justin M. Jacobson, Esq. is an entertainment and esports attorney located in New York City. For the last decade, he has worked with professional athletes, musicians, producers, DJs, record labels, fashion designers, as well as professional gamers, streamers, coaches, on-air talent, and esports organizations. He assists these creative individuals with their contract, copyright, trademark, immigration, tax, and related business, marketing, and legal issues. He is a frequent contributor to many industry publications and has been featured on a variety of entertainment, music, and esports publications and podcasts, including Business Insider, The Esports Observer, Esports Insider, Tunecore, and Sport Techie. Justin has positioned himself as a top esports business professional working with talent in a variety of franchise leagues including the Overwatch League, Overwatch Contenders, and Call of Duty Pro League as well as in many popular competitive titles such as Fortnite, CS:GO, Gears of War, Halo, Super Smash Brothers, Rainbow 6, PUBG, Madden, and FIFA and mobile games such as Brawlhalla, Clash of Clans, and Call of Duty mobile. Previously, he worked with various esports talent agencies as well as in an official capacity on behalf of several esports teams and brands.
"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.
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."
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.
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.
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.
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.
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.
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.
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.
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 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. |
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