This is the second annual Special Education Law Annual Review. This book provides an exhaustive presentation of all decisions in special education cases brought under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act hear by the U. S. Court of Appeals for 2021, presented by circuit. The book reviews all policy documents related to the education of students with disabilities issued by the US Department of Education. This will include Dear Colleague Letters, question and answer documents, and published letters to specific individuals. This book will provide a guide on how to read a case, a description of how a special education case progresses through the administrative and judicial system, the legal importance of policy documents, and websites for follow-up research related to special education law. If there is any major federal legislation during the year (e.g., reauthorization of the IDEA, restraint and exclusion legislation) that will also be addressed in this book. This book will be the comprehensive summary of the year in special education law, and will provide important information to graduate students in education, education administrators, teachers, and practicing attorneys regarding appropriate educational practices for students with disabilities. Additionally, we will follow each section on case law and policy implications for educators. We will be including figures, tables, & checklists.

The book provides an in-depth discussion of democratic theory questions in relation to refugee law. The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee's situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion. The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.

This book engages in a critical discussion on how to respect and promote patients' autonomy in difficult cases such as palliative care and end-of-life decisions. These cases pose specific epistemic, normative, and practical problems, and the book elucidates the connection between the practical implications of the theoretical debate on respecting autonomy, on the one hand, and specific questions and challenges that arise in medical practice, on the other hand. Given that the idea of personal autonomy includes the notion of authenticity as one of its core components, the book explicitly includes discussions on underlying theories of the self. In doing so, it brings together original contributions and novel insights for "applied" scenarios based on interdisciplinary collaboration between German and Serbian scholars from philosophy, sociology, and law. It is of benefit to anyone cherishing autonomy in medical ethics and medical practice.

This fascinating book demonstrates the diversity of Connecticut's women's feminist activities in pre- and post-suffrage eras and refutes the notion that feminist activism died out with the passage of the Nineteenth Amendment.

The influence of women in the colonial family and the community is examined using tax and probate records of southside Colonial Virginia.

The book consists of three parts.

Part 1, which comprises 5 chapters, deals with the legal-philosophical aspects of communications law. In Part II , we deal with certain statutory and common law limitations to the right to freedom of expression. Part III deals with specific methods of communication, ie the press, electronic communications, broadcasting, computers, and entertainment.

This is the second annual Special Education Law Annual Review. This book provides an exhaustive presentation of all decisions in special education cases brought under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act hear by the U. S. Court of Appeals for 2021, presented by circuit. The book reviews all policy documents related to the education of students with disabilities issued by the US Department of Education. This will include Dear Colleague Letters, question and answer documents, and published letters to specific individuals. This book will provide a guide on how to read a case, a description of how a special education case progresses through the administrative and judicial system, the legal importance of policy documents, and websites for follow-up research related to special education law. If there is any major federal legislation during the year (e.g., reauthorization of the IDEA, restraint and exclusion legislation) that will also be addressed in this book. This book will be the comprehensive summary of the year in special education law, and will provide important information to graduate students in education, education administrators, teachers, and practicing attorneys regarding appropriate educational practices for students with disabilities. Additionally, we will follow each section on case law and policy implications for educators. We will be including figures, tables, & checklists.

Genocide and Victimology examines genocide in its diverse features, from different yet connected perspectives, to offer an interdisciplinary, victimological imagination of genocide. It will include in its exploration critical and cultural victimologies and criminologies of genocide, accompanied by, and recognising, the rich scholarship on genocide in the fields of religion and history, theatre studies and photography, philosophy and existentialism, post-colonialism, and ethnography and biography. Bringing together theory with empirical research and drawing on a range of case studies, such as the Treblinka extermination camp, the Bosnian and Rwandan genocides, the Sagkeeng First Nation in Manitoba, Canada, and genocidal violence in Syria and Iraq, this book engages the victimological imagination towards an interdisciplinary, cosmopolitan victimology of genocide. Bundled and intertwined, the wide yet integrated variety of perspectives on genocide gives readers a victimological kaleidoscope to discover, and for victimology hitherto, unexplored theory and methodology. This way, readers can develop their own more epistemologically, theoretically, and methodologically robust victimology of genocide-a victimology of genocide as envisioned by Nicole Rafter. The book hopes to canvas an understanding and a starting point for a diverse appreciation of genocide victimhood and survivorship from which the real post-genocidal harms and sites, post-traumatic stress disorder, courts and tribunals, and overall meaningful justice will benefit. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, philosophy, history, religious studies, English literature, and all those concerned with not repeating a history of genocide.

School teachers and administrators may be the largest single group of rule enforcers in American society. Operating under legislative statutes, court cases, board policies, program regulations, and so on, there appears to be no end to that part of their professional tasks that calls for them to be on-the-spot enforcers in an adult to child relationship. Using constitutionality of operations within a school as its central focal point, the book takes both the broader and the narrower aspects of the law and combines them to provide an extended understanding of the realities in which professionals must perform as employees in elementary and secondary schools. Organized into twelve broad topic areas, the handbook covers all key aspects of the law as it applies from administering personnel to religion in the schools. Appropriate court cases are cited throughout. This professional guide will be useful for teachers with an interest in school law, for graduate students preparing for a career in school administration, and for administrators in need of a precise, but succinct treatment of the law and schools.

The Ethics of Sport explores moral issues that arise in sports, especially competitive athletics, in a manner that is accessible not only to sports fans or participants but also to those critical of sports or simply interested in an introduction to the kind of moral issues raised by the practice of athletics. The issues considered range from the more abstract, such as the importance that should be assigned to winning in sports, to specific controversies such as arguments over the use of performance enhancing drugs, the nature of gender equity, and the evaluation of violence in competition. The book explores different sides of these issues and suggests reasonable resolutions to the kinds of ethical questions prevalent in the practice of sports.

Even more than the occasional and fleeting right to vote, citizens' equal and peremptory prerogatives of expression within public discourse distinguish post-World War II democracies from all earlier and rival forms of government. In fundamentally transforming public discourse, electronic media transform the very conditions of political legitimacy. Ian Cram continues to innovate at the forefront of the free speech debates by exploring that historical shift in the way we speak, and therefore in the way we govern ourselves.' - Eric Heinze, Queen Mary, University of London, UKThis monograph explores the phenomenon of 'citizen journalism' from a legal and constitutional perspective. It describes and evaluates emerging patterns of communication between a new and diverse set of speakers and their audiences. Drawing upon political theory, the book considers the extent to which the constitutional and legal frameworks of modern liberal states allow for a 'contestatory space' that advances the scope for non-traditional speakers to participate in policy debates and to hold elites to account. Topics covered include the regulation of offensive, abusive and anonymous speech, online defamation, compelled disclosure of 'journalists'' sources, private online research by jurors and analysis of the application of pre-Web 2.0 laws to non-traditional media speakers and outlets. After surveying a range of criminal and civil law provisions that impair the communicative reach of non-mainstream speakers, the broad conclusion casts doubt upon the capacity of 'citizen journalists' to effect a significant shift towards republican self-rule. Offering an original analysis of the phenomenon of 'citizen journalism' with developments from a broad range of jurisdictions, this book is a valuable resource for students, academics, policymakers and law reform agencies in the fields of constitutional law, human rights, media freedom, journalism and comparative media regulation.

This innovative book provides transdisciplinary analyses of the nature and dynamics of digital game environments whilst tackling the existing fragmentation of academic research.Digital game environments are of increasing economic, social and cultural value. As their influence on diverse facets of life grows, states have felt compelled to intervene and secure some public interests. Yet, the contours of a comprehensive governance model are far from recognisable and governments are grappling with the complexity and fluidity of online games and virtual worlds as private spaces and as experimentation fields for creativity and innovation. This book contributes to a more comprehensive and fine-grained understanding of digital game environments, which is a precondition for addressing any of the pressing governance questions posed. Particular attention is given to the concept and policy objective of cultural diversity, which also offers a unique entry point into the discussion of the appropriate legal regulation of digital games.Governance of Digital Game Environments and Cultural Diversity will be of interest to researchers of media law, internet law and governance, cultural studies, anthropology and sociology. As the book addresses a highly topical theme, it will attract the attention of policymakers at national, regional and international levels and will also serve as a great resource tool for scholars in new media and in particular digital games and virtual worlds.

Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations in four parts and from the perspective of how this has evolved in the UK.

As progenitor of a system bequeathed to its colonies and after centuries of leadership in developing the core principles, policies and precedents that subsequently shaped its development, the contribution of England & Wales, the originating jurisdiction, is first described and analysed in detail in Parts 1 and 2. These broadly sketch the parameters and role of 'charity' - seen as a mix of public and private interests - then address the law's role in protecting, policing, adjusting and supporting charity. This provides the critical dimensions for the comparative analysis of experience in the common law nations that constitutes the main part of the book.

Part 3, in 5 chapters, provides an analysis of the legal functions as they apply to type of need and thereby give effect to social policy in Singapore, Australia, New Zealand, Canada and the United States of America. Part 4 concludes with three chapters that appraise political influence as a factor in aligning charity law with social policy to create a facilitative environment for appropriate charitable activity. Attention is given to the central role of the regulator, contemporary charity law frameworks and definitional boundaries.

This book focuses on the legal regulation, mainly from an international law perspective, of autonomous artificial intelligence systems, of their creations, as well as of the interaction of human and artificial intelligence. It examines critical questions regarding both the ontology of autonomous AI systems and the legal implications: what constitutes an autonomous AI system and what are its unique characteristics? How do they interact with humans? What would be the implications of combined artificial and human intelligence? It also explores potentially the most important questions: what are the implications of these developments for collective security -from both a state-centered and a human perspective, as well as for legal systems? Why is international law better positioned to make such determinations and to create a universal framework for this new type of legal personality? How can the matrix of obligations and rights of this new legal personality be construed and what would be the repercussions for the international community? In order to address these questions, the book discusses cognitive aspects embedded in the framework of law, offering insights based on both de lege lata and de lege ferenda perspectives.

In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences-economic history, anthropology, and sociology-yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers.

Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.

A guide to real-world applications of The 2010 Americans with Disabilities Act Standards for Accessible Design

"Applying the ADA" helps architects and developers understand better how the rules for eliminating barriers in the built environment apply to everyday life and how to best implement them in the design and construction of a broad variety of buildings and facilities.

By showing how The 2010 Americans with Disabilities Act Standards for Accessible Design have been applied in various contexts and building types, this extensively illustrated guide helps readers quickly understand the requirements of the standards and how to apply them to both new construction and renovation. Written by an architect who consults regularly on accessibility issues for design professionals, building owners, and facility managers, this user-friendly guide features 100 photos and 150 drawings that take the guesswork out of applying the standards to real-world projects. Building types covered include: Healthcare and senior living facilities and hospitalsCollege and university facilitiesElementary and high schoolsHotels and other transient lodging facilitiesAmusement parks and play areasHistoric preservation and remodelsRetail and office spaces

"Applying the ADA" is an indispensable resource for architects, interior designers, owners, developers, and facility managers. It is also important reading for students of architecture and interior design.

Sexuality, Disability, and the Law approaches issues of sexual autonomy and disability from multiple perspectives, including constitutional law, international human rights, therapeutic jurisprudence, history, cognitive psychology, dignity studies, and theories and findings on gender constructs and societal norms. Perlin and Lynch determine that if our society continues to assert that persons with mental disabilities possess a primitive morality, we allow ourselves to censor their feelings and their actions. By denying their ability and desires to show love and affection, we justify this disparate treatment. Our reliance on stereotypes has warped our attitudes and our policies, and has allowed us to avoid important issues of humanity and of dignity that should be at the basis of any policies that affect this population.

Aspects of education law provides a comprehensive description and analysis of the laws that currently inform, prescribe and influence the activities of educators and education managers, whether on the sports fields or in the boardroom, at the blackboard or behind a desk.

This fifth edition of Aspects of education law places emphasis on the legal aspects that pertain to learner misconduct in South African schools, with extended chapters on human rights and school governance, and has been thoroughly updated in terms of new legislation and case law. It includes discussions of the position of the child as legal subject, the educator’s duty of care and the administrative aspects of school management.

Aspects of education law has become an essential resource for educators, lawyers, members of governing boards and parents, and all of those who are interested in ensuring high-quality schooling in South Africa. Previous editions have been hailed as being “among the highest in the international community” and “a must for … scholars throughout the world with an interest in comparative education law” by American academics.

In the last few decades university teaching has been recognised as an activity which can be studied and improved through educational scholarship. In some disciplines this is now well established. It remains emergent in legal education. The field is rich with questions to be answered, issues to be raised. This book provides the first overall review of legal education scholarship. The chapters outline the history of legal education research and provide a detailed analysis of the trends in areas of publication. Beyond this, the book suggests a typology for further conceptualising the field and a series of suggested paths for future research. The book originated from the 2017 UNSW conference "Research in Legal Education: State of the Art?" It features internationally respected authors who bring their perspectives on how legal education - as a field of research - should be conceptualised. The collection is arranged into three themes. First, a historical view is taken of the emergence of legal education scholarship and its roots that predate modern educational theory. Secondly, the book provides overviews of the extant field of publications, highlighting areas of interest and neglect, and delineating the trends in current publication. Thirdly, the book provides a set of suggested typologies for describing legal education research and a series of essays for future directions which both critique current approaches and provide inspiration for future directions. The State of Legal Education Research represents an authoritative introduction to the field, a set of conceptual tools with which to describe it, and inspiration for researchers to expand and grow research into legal education.

Presents real-life, often complex, cases where specific aspects of mental capacity are assessed (based on the Mental Capacity Act 2005) Untangles the complexities of the Mental Capacity Act 2005 to provide clear guidance on how to tread the line between enacting the legislation and safeguarding the patient. Brings together clinical neuropsychology expertise with legal commentary, providing a comprehensive introduction to the complexities of the Mental Capacity Act 2005. Includes 'Reflections of a professional' to provide difference perspectives on key issues and assessments from nurses, social workers, legal professionals and case managers.

This book identifies the potential of intellectual property as a competitive asset for Latin American firms. The authors employ a cognitive approach that involves identifying why small firms are reluctant to register patents, resorting rather to alternative IP competitive strategies. This, in turn, results in the undercapitalization of intellectual assets, thus creating hurdles for the development of capital venture markets. Using new data gathered from highly innovative SMEs in Latin America and the Caribbean, the authors bring a fresh cognitive approach towards understanding the institutional role of intellectual property, and outline various new policy recommendations.

Taking a multidisciplinary perspective (including public health, sociology, criminology, and political science amongst others) and using examples from across the globe, this book provides a detailed understanding of the complex and highly contested nature of drug policy, drug policy making, and the theoretical perspectives that inform the study of drug policy. It draws on four different theoretical perspectives: evidence-informed policy, policy process theories, democratic theory, and post-structural policy analysis. The use and trade in illegal drugs is a global phenomenon. It is viewed by governments as a significant social, legal, and health problem that shows no signs of abating. The key questions explored throughout this book are what governments and other bodies of social regulation should do about illicit drugs, including drug policies aimed at improving health and reducing harm, drug laws and regulation, and the role of research and values in policy development. Seeing policy formation as dynamic iterative interactions between actors, ideas, institutions, and networks of policy advocates, the book explores how policy problems are constructed and policy solutions selected, and how these processes intersect with research evidence and values. This then animates the call to democratise drug policy and bring about inclusive meaningful participation in policy development in order to provide the opportunity for better, more effective, and value-aligned drug policies. This book will be of great interest to students and scholars of drug policy from a number of disciplines, including public health, sociology, criminology, and political science.

This open access book provides the first comprehensive collection of papers that provide an integrative view on cybersecurity. It discusses theories, problems and solutions on the relevant ethical issues involved. This work is sorely needed in a world where cybersecurity has become indispensable to protect trust and confidence in the digital infrastructure whilst respecting fundamental values like equality, fairness, freedom, or privacy. The book has a strong practical focus as it includes case studies outlining ethical issues in cybersecurity and presenting guidelines and other measures to tackle those issues. It is thus not only relevant for academics but also for practitioners in cybersecurity such as providers of security software, governmental CERTs or Chief Security Officers in companies.

This book delivers an original, theoretically informed analysis of the legal regulation of online speech. Rejecting the narrow pluralism of elitist and deliberative accounts of the citizen's role in political discourse, the book defends a participatory account of speech in non-deliberative settings. The latter account of political pluralism best captures the republican democratic aspiration for popular, on-going authorship of the laws and the centrality of freedom to dissent in democratic theory. The legal and policy implications for governments and social media platforms of this inclusive envisioning of public discourse are then elaborated upon. In the digital world, anyone with access to the internet can be a speaker. Speech on public platforms has become democratised. At the same time, aspects of online speech are plainly problematic. Concerns exist about disinformation, 'fake news', 'deep fakes', 'weaponised speech' and 'trolls'. Offensive speech and the polarising effects of robustly expressed political opinion are also troublesome. These assorted downsides of democratised speech are said to undermine the integrity of democratic processes and institutions. Public debate is distorted and coarsened and the electorate are misled. How ought the liberal democratic state respond to these challenges? The discussion is intended to be read by academics and researchers with interests in democratic theory, digital communications and freedom of expression. It offers a stimulating and distinctive contribution to debates about online speech.