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Books > Law > Laws of other jurisdictions & general law > Social law > General
This timely book explores how the internet and social media have
permanently altered the media landscape, enabling new actors to
enter the marketplace and changing the way that news is generated,
published and consumed. It examines the importance of citizen
journalists, whose newsgathering and publication activities have
made them crucial to public discourse and central actors in the
communication revolution. Investigating how the internet and social
media have enabled citizen journalism to flourish, and what this
means for the traditional institutional press, the public sphere,
and media freedom, the book demonstrates how communication and
legal theory are applied in practice. Peter Coe advances a concept
of 'media as a constitutional component', which distinguishes media
from non-media actors based on the functions they perform, rather
than institutional status, and uses this to provide a conceptual
framework that recognises modern newsgathering and publication
methods. This interdisciplinary book analyses the legal challenges
created across a range of topical issues, including online
anonymity and pseudonymity, defamation, privacy and public
interest, contempt of court and press regulation. Media Freedom in
the Age of Citizen Journalism will be a key resource for students,
scholars, practitioners and policy-makers of information and media
law, constitutional administrative law, communication and media
studies, journalism and philosophy.
Medical Device Regulation provides the current FDA-CDRH thinking on
the regulation of medical devices. This book offers information on
how devices meet criteria for being a medical device, which
agencies regulate medical devices, how policies regarding
regulation affect the market, rules regarding marketing, and laws
and standards that govern testing. This practical, well-structured
reference tool helps medical device manufacturers both in and out
of the United States with premarket application and meeting complex
FDA regulatory requirements. The book delivers a comprehensive
overview of the field from an author with expertise in regulatory
affairs and commercialization of medical devices.
This timely book investigates the issue of counterfeit and
falsified medicines (CFM) in the EU, identifying that this is a
problem that lies at the intersection of three spheres of law -
medicine, intellectual property (IP), and criminal law. The book
highlights key issues such as infiltration of the legal supply
chain and the involvement of organised crime, analysing relevant EU
law and demonstrating the challenges of CFM. Using examples from
several case studies, Vishv Priya Kohli reveals the gaps in the
current legal framework, underlining the particular difficulties
created by the interplay between different areas of law as well as
the lack of criminal penalties. The author explores areas where
improvements have already been made, in particular through the
Falsified Medicines Directive, and articulates a number of
recommendations to fill in the gaps, for example by harmonizing
criminal law and building synergies within law enforcement.
Counterfeit and Falsified Medicines in the EU will be of great
interest to academics and students in IP, health and medical law,
and criminal law in the EU. It will also prove valuable for
practitioners and policymakers working in and with enforcement
authorities in the EU, as well as those working in the medical
field itself.
This thought-provoking book highlights the increasing recognition
of the prevalence of neurodisability within criminal justice
systems, discussing conditions including intellectual, cognitive
and behavioural impairments, fetal alcohol spectrum disorders and
traumatic and acquired brain injury. International scholars and
practitioners demonstrate the extent and complexity of the
neurodisability experience and present practical solutions for
criminal justice reform. Examining the growing body of evidence
which illustrates the significant over-representation of
neurodisability amongst prison and juvenile justice populations,
this critical book explores the challenges faced by people with a
neurodisability who come into contact with the justice system.
These challenges include: difficulty understanding interactions
with police, navigating court processes, comprehending sentencing
orders, and coping with prison and post-release life, which can
lead to repeat victimisation and criminalisation. Overall, this
book establishes that justice systems are often unable to meet the
specific needs of people with a neurodisability and that there is a
significant lack of appropriate support within the community aimed
at prevention and diversion. Providing broad interdisciplinary
insights, this timely book will prove a vital resource for scholars
and students of criminal law, law and society, criminology,
neuroscience and social work. It will also be of value to legal
practitioners, law enforcement, prison employees and welfare
professionals engaged with individuals with a neurodisability.
This timely book offers a fresh perspective on how to effectively
address the issue of unequal access to healthcare. It analyses the
human right to health from the underexplored legal principle of
solidarity, proposing a new understanding of the positive
obligations inherent in the right to health. Combining human rights
law, public health and social theory, Eduardo Arenas Catalan
demonstrates that when interpreted in line with the principle of
solidarity, the right to health should be viewed as a
non-commercial right. Arenas Catalan argues that the right to
health's functions are to challenge the commodification of
healthcare and to advance free-of-charge public healthcare
services. Moreover, through a critical analysis of classical
jurisprudence concerning the right to health, the book delivers a
searing indictment of the effects of neoliberal capitalism and
commercialization on human rights. This thought-provoking book will
be of interest to scholars and students of law, in particular
international human rights law, public international law and legal
theory, as well as social and public health researchers and
students. Policy makers and legal practitioners will also find its
original analysis of solidarity in the context of human rights and
the law useful.
This insightful book analyses the process of the first adoption of
guiding human rights principles for education, the Abidjan
Principles. It explains the development of the Abidjan Principles,
including their articulation of the right to education, the state
obligation to provide quality public education, and the role of
private actors in education. Multidisciplinary in approach, both
legal and education scholars address key issues on the right to
education, including parental rights in education, the impact of
school choice, and evidence about inequities arising from private
involvement in education at the global level. Focusing on East
African and francophone countries, as well as the global level,
chapters explore the role and impact of private actors and
privatization in education. The book concludes by calling for the
rights outlined in the Abidjan Principles not to remain locked in
text, but for states to take responsibility and be held to account
for delivering them, as promised in international human rights
treaties. Interpreting human rights law as requiring that states
provide a quality public education, this book will be a valuable
resource for academics and students of education policy, human
rights, and education law. It will also be beneficial for policy
makers, practitioners, and advocacy groups working on the right to
education.
This insightful book provides a timely review of the potential
threats of advertising technologies, or adtech. It highlights the
need to protect internet users not only from privacy risks, but
also as consumers and citizens online dealing with a highly complex
technological setting. Jiahong Chen illustrates a concise overview
of the technical, economic and legal aspects of adtech together
with coverage of other important areas. These include: the ongoing
debates around online advertising and data protection, an
up-to-date analysis of the application of the GDPR, and insights
into both the practices and theories of the regulation of data
protection law. The book provides a clear picture of what is truly
at stake with online advertising practices, concluding with a
critical assessment of the current regime and a proposed approach
to reform data protection laws. This book will provide essential
reading for researchers and law students requiring an overview of
the legal framework and current practices, alongside legal
practitioners and policymakers evaluating the benefits and risks of
data-driven technologies.
This book investigates the law's approach to suicide in England and
Wales. It explores the seismic shift in perceptions of the law's
role in respect of suicide from imprisonment as a punishment for
attempting suicide, to courts hearing arguments about whether there
is not only a right to suicide but also a right to assistance in
suicide. This development stands alongside a global recognition of
suicide prevention as a public health priority. In this book, the
dual priorities of respect for autonomy and the protection of human
life are recognised as equally important and the legal issues
surrounding suicide in a range of different contemporary contexts,
including suicide in prison and juvenile suicide, are considered.
The book also investigates what the relationship between mental
health and suicide means for its legal regulation, and evaluates
the enduring legal offence of assisted suicide, particularly in the
context of the terminally ill. It is argued that a more refined
approach to the topic of voluntary death should be recognised in
the law; one that distinguishes more clearly between autonomous
decision-making about the end of life, and incapacitated
self-caused risks to life that require effective preventative
interventions.
This book explores the interplay between regulation and emerging
technologies in the context of synthetic biology, a developing
field that promises great benefits, and has already yielded fuels
and medicines made with designer micro-organisms. For all its
promise, however, it also poses various risks. Investigating the
distinctiveness of synthetic biology and the regulatory issues that
arise, Alison McLennan questions whether synthetic biology can be
regulated within existing structures or whether new mechanisms are
needed. Adopting an interdisciplinary approach, McLennan draws on
diverse areas of law, the science of synthetic biology and the
history and sociology of science. She concludes that synthetic
biology presents novel regulatory challenges relating to
environmental risk, biosafety, biosecurity and intellectual
property. These challenges arise from the uniqueness of the
science, the nature of its communities of scientists (including
citizen scientists or 'biobunks') and the uncertainty surrounding
possible hazards. Some scientists see intellectual property
protection as a way to push innovation forward (bioentrepreneurs),
while others openly share synthetic biology tools such as
BioBricks. By understanding the range of regulatory challenges, the
book make a case for enhanced regulation that protects us from
synthetic biology's risks, whilst capturing its potential to
improve our world. Regulation of Synthetic Biology will be
essential reading for academics and students in the social sciences
and law, as well as for scientists working in synthetic biology,
and policymakers in innovation, science and the regulation of these
fields.
Presenting detailed analysis of the industrialization and
commercialization of pharmaceutical patents in China, this timely
book explores a range of related topics including a comparison of
the ideal and existing state of the pharmaceutical market and
patent industrialization. It argues that the core purpose of the
industrialization of pharmaceutical patents is to promote the
development of the local pharmaceutical industry whist also
protecting society's right to safe and effective medication.
Chapters examine the special application issues of patent law in
relation to the field of pharmaceuticals, compare the Chinese and
American legal systems and their approach to pharmaceutical
patents, and provide in depth political and legal analysis of the
industry. James Hou suggests methods by which the Chinese legal
system can seek to improve its governance of pharmaceutical patents
and balance the conflicts of interest arising between new drug
developers, established drug manufacturers and the end users.
Featuring comprehensive coverage of patents in the Chinese
pharmaceutical industry, this book will be a key resource for
scholars and students of commercial, pharmaceutical and
intellectual property law, whilst also being of interest to
industry talents discovering the potential of their own
innovations.
This must-have book is a comprehensive yet accessible guide to
copyright and related rights in the music industry. It provides
clear and concise instruction on how copyright works in practice
and how it applies to music specifically, as well as covering how
to manage, utilise and enforce copyright, what infringement looks
like and how to avoid it. The book illustrates this with relevant
cases and real world examples, including practical, step-by-step
guidance for stakeholders of all types. It also signposts the
future of copyright in the music industry through an examination of
new technologies such as artificial intelligence and blockchain.
Key features include: An engaging and approachable writing style A
practical orientation for those in the industry and their advisors
The impact of social media on copyright infringement, management
and remedies Accessible explanations of key concepts in copyright
and related rights, as well as commonly misunderstood topics such
as sampling and fair use. Musicians, producers, copyright holders
and others working in the music industry will find this an
indispensable and easy-to-use resource for navigating all aspects
of music copyright. It will also be of interest to academics and
students of copyright law for its discussion of contemporary issues
such as technology and enforcement.
Population ageing poses a huge challenge to law and society,
carrying important structural and institutional implications. This
book portrays elder law as an emerging research discipline in the
European setting in terms of both conceptual and theoretical
perspectives as well as elements of the law. Providing a deepened
understanding of population ageing in terms of vulnerability,
intergenerational conflict and solidarity, expert contributors
highlight the necessity for a contextualized ageing concept. As
well as offering a comparative analysis of active ageing policies
across the EU, this book examines a range of topics including age
discrimination in employment and the freedom of movement of EU
citizens from the ageing individual's point of view. It also goes
on to describe elder care developments, discussing the ageing
individual's autonomy in relation to both traditional inheritance
rights and growing instances of dementia. Timely and engaging, this
book will appeal to academic scholars and students in relevant
areas of law as well as those studying across the social sciences.
Exploring a broad range of socio-legal issues in relation to
demographic ageing, it will also inform legal practitioners and
policymakers alike. Contributors include: M. Axmin, A. Blackham, C.
Brokelind, J. Fudge, E. Holm, A. Inghammar, M. Katzin, M. Kullmann,
T. Mattsson, P. Norberg, A. Numhauser-Henning, H. Pettersson, M.
Roennmar, E. Ryrstedt, K. Scott, E. Trolle OEnnerfors, C.
Ulander-Wanman, J.J. Votinius, A. Zbyszewska
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 revised fourth 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.
The contributors to this issue investigate the complex ways that
policies of the Affordable Care Act (ACA) have diffused through the
states over seven years of implementation. When the ACA was passed
in 2010, states were given the option to set up their own health
care exchanges, expand their Medicaid programs, and reform both
their local public health and their health care delivery systems.
These reforms significantly impacted citizens' access to insurance.
Contributors examine how local conditions account for variation in
enrollment across states, analyze the evolution of Medicaid waivers
in Republican-led states, show how early-adopting states affected
later adopters, explore the role of public opinion in the diffusion
of ACA policies, and argue for the importance of rhetorical framing
when advocating in favor of the ACA. Contributors. Frederick J.
Boehmke, Timothy Callaghan, Rena Conti, Bruce A. Desmarais, Colleen
M. Grogan, Jeffrey J. Harden, Lawrence Jacobs, David K. Jones,
Andrew Karch, Elizabeth Maltby, Julianna Pacheco, Aaron Rosenthal,
Abigail A. Rury, Phillip McMinn Singer, Craig Volden
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. Written by esteemed legal scholar Michael L. Perlin, this
indispensable Advanced Introduction examines the long-standing but
ever-dynamic relationship between law and mental health. The author
discusses and contextualises how the law, primarily in the United
States but also in other countries, treats mental health,
intellectual disabilities, and mental incapacity, giving examples
of how issues such as the rights of patients, the death penalty and
the insanity defense permeate constitutional, civil, and criminal
matters, and indeed the general practice of law. Key features
include: unpacks key US Supreme Court decisions to focus on the
issues that have been most significant in the development of the
field explains the distortion of this area of law by biased and
stereotypical social attitudes including sanism examines
lesser-known cases that illuminate judicial attitudes, helping
readers to better understand likely future developments in mental
health law. Offering an insightful introduction to this field, the
Advanced Introduction to Mental Health Law is an invaluable
resource for students and newly qualified lawyers, and will appeal
not only to those looking to understand the law in the United
States, but how this contributes to the development of the field as
a whole.
This timely book is an investigation of the highly debated
questions: do coroners' recommendations save lives and how often
are they implemented? It is the first socio-legal investigation of
coroners' recommendations from several countries. Based on an
extensive study, it analyses Coroner's Court findings and
litigation from Canada, England, Ireland, Australia and Scotland as
well as over 2000 New Zealand coroners' recommendations and
includes more than 100 interviews and over 40 surveys. The book
probes coroners', organisations' and families' experiences of the
Coroner's Court in detail and includes substantial quotations from,
and discussion of, their experiences. The data analyzed
demonstrates that while coronial recommendations can be useful
tools for intervention and policy development, coroners'
contribution to morbidity and mortality prevention at the
population level requires further development. In addition to
coroners, lawyers, health practitioners, families, organisations
and policy makers, researchers from Law, Medicine and the Social
Sciences will find this pioneering volume an important and
illuminating resource. Contents: 1. Learning From Death 2. Coronial
Jurisdictions 3. Coroners' Recommendations 4. Do Coroners'
Recommendations ''Disappear Into A Black Hole?'' 5. The Promise Of
Saved Lives: Coroners' Preventive Function 6. Mandatory Responses
To Coroners' Recommendations 7. Dying For Change Index
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