Social networks have created a plethora of problems regarding privacy and the protection of personal data. The use of social networks has become a key concern of legal scholars, policy-makers and the operators as well as users of those social networks. This pathbreaking book highlights the importance of privacy in the context of today's new electronic communication technologies as it presents conflicting claims to protect national and international security, the freedom of the Internet and economic considerations. Using the New Haven School of Jurisprudence's intellectual framework, the author presents the applicable law on privacy and social media in international and comparative perspective, focusing on the United States, the European Union and its General Data Protection Regulation of 2018 as well as Germany, the United Kingdom and Latin America. The book appraises the law in place, discusses alternatives and presents recommendations in pursuit of a public order of human dignity.

Local government affects us all. Wherever we live, in towns, cities, villages or in the smallest of communities, there are locally elected councils tasked with representing people's interests in the running of the local area. This involves, inter alia, providing public services, maintaining local spaces and acting as a level of democratic governance within the broader constitutional and executive structure of the state. To fulfil these responsibilities, though, local government must be democratically legitimate; it must have at its disposal reasonable means and resources to function; and it must enjoy a healthy and balanced relationship with central government. This book explores and analyses the extent to which local government in the different parts of the UK is able to function effectively and democratically. It draws from local councillors' views in analysing the state of local government under the current constitutional and governmental arrangements, discussing issues such as councils' relationship with central government; citizen engagement; finance and public services; and the impact of recent reforms. It contrasts and compares the different approaches adopted in England, Scotland, Wales and Northern Ireland, also setting out and discussing possible reforms of local government in the United Kingdom. While the focus is on the UK, the work includes a comparison with other relevant jurisdictions.

By exploring crimmigration at its intersection with international refugee law, this book exposes crimmigration as a system focused on the governance of territorially present migrants, which internalizes the impracticability of removal and replaces expulsion with domestic policing. The convergence of criminal law and immigration law, known as crimmigration, has become perhaps the paradigmatic model for governing migration in the age of globalization. This book offers a unique way of understanding crimmigration as a system of governmentality, the primary target of which is the population, its principal form of knowledge being political economy, and its essential mechanism being the apparatus of security. It does so by characterizing a particular model of crimmigration, termed crimmigration under international protection, which targets refugees and asylum-seekers who are principally undeportable under international law. The book draws on a comparative research of such models implemented worldwide, combined with a detailed case study of the immigration detention system instigated in Israel for coping with asylum-seekers specifically and exclusively. These models demonstrate that, at its core, crimmigration is not a system of outright social exclusion focused on the expulsion of undesirable migrants, but rather one focused on the management, classification and policing of domestic populations. It is argued that under crimmigration regimes criminal law becomes instrumental in the facilitation of gradual assimilation, by shifting immigration enforcement from the margins of the state to the daily supervision of territorially present migrants. The book illustrates this point by focusing on three main themes: crimmigration as domestication; crimmigration as civic stratification; and crimmigration as a mechanism coined by Foucault as the apparatus of security and by Deleuze as the society of control. By exploring these themes, the book offers a comprehensive framework for understanding the rise of crimmigration and the particular ways in which it targets resident migrants. The book will be of interest to researchers and academics working in the areas of Criminal law and Criminology, Immigration law, Citizenship Studies, Globalization Studies, Border Studies and Critical Refugee Studies.

This book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violations and the rights of athletes and other sportspersons. The work will be an invaluable resource for students, academics and policy-makers working in the area of Sports Law and Human Rights Law.

"The Deskbook of Art Law" offers commentary on the purchase, protection and preservation of fine and applied art, addressing the effect that the established definitions have on laws, regulations, and endorsements. This insightful work can help guard against seizure, loss, prosecution, and embarrassment by ensuring the strength of contracts, the validity of claims, and the ownership of rights. It is updated approximately two times per year.

This book puts CGTN (formerly CCTV-News) and the BBC's international television news head-to-head, interrogating competing 'truths' in the exacting business of news reporting. Written by a media scholar and former long-serving BBC News journalist, Seeking Truth in International TV News asks if China's English-language television news programmes are nothing but state propaganda, and if the BBC is a universal news standard to which all other broadcasters should aspire. Over eight years of Xi Jinping's rule, it investigates how the international TV news channels of CGTN and the BBC reported on Chinese politics, protests in Hong Kong, disasters, China in Africa, and insurgency and its suppression in Xinjiang. The comparison reveals uneven editorial imperatives at the Chinese broadcaster and raises questions about the BBC's professed tenets of balance and impartiality. It also illustrates how Chinese journalists commit 'small acts of journalism' that push the boundaries of information control. A rigorous analysis of reportage from the two channels, this book will interest scholars of global media, journalism, international relations and public diplomacy. It will also interest those in academia, the media and international affairs who want to examine the nature of news and 'soft power' in a comparative context.

This book critically confronts perceptions that social media has become a 'wasteland' for young people. Law has become preoccupied with privacy, intellectual property, defamation and criminal behaviour in and through social media. In the case of children and youth, this book argues, these preoccupations - whilst important - have disguised and distracted public debate away from a much broader, and more positive, consideration of the nature of social media. In particular, the legal tendency to consider social media as 'dangerous' for young people - to focus exclusively on the need to protect and control their online presence and privacy, whilst tending to suspect, or to criminalise, their use of it - has obscured the potential of social media to help young people to participate more fully as citizens in society. Drawing on sociological work on the construction of childhood, and engaging a wide range of national and international legal material, this book argues that social media may yet offer the possibility of an entirely different - and more progressive -conceptualisation of children and youth.

This book is a socio-legal study of counter-piracy. It takes as its case the law enforcement efforts after 2008 to suppress piracy off the coast of Somalia. Through ethnographic fieldwork, the book invites the reader onto a Danish warship patrolling the western Indian Ocean for piracy incidents and into the courtroom in Seychelles, where more than 150 suspects were prosecuted. The aim is to understand how counter-piracy worked in practice. The book uses assemblage theory to approach law as a social process and places emphasis on studying empirical enforcement practices over analysing legal provisions. This supplements existing scholarship on the legal aspects of counter-piracy. Scholarship has mainly examined applicable law governing counter-piracy. This book steps into the field to examine applied law. Its methodology renders visible areas of legal ambiguity and identifies practices which suggests impunity and questions legal certainty. It thus contributes with new policy-relevant knowledge for international security governance. The relevance is one of urgency. Counter-piracy off Somalia has served as a governance paradigm, which is replicated in other maritime domains. Consideration of the implications for policy is therefore needed. The book will be of interest to policy-makers, security practitioners and scholars, who share a methodological commitment to practice.

This book focuses on product design which is evolving conceptually and practically with advances in technology. Product design is no longer solely about product stylization and decoration, but rather about providing a holistic product experience for the consumer. Therefore, in the foreseeable future, product designs will increasingly communicate not only to our eyes, but to our other senses as well. This book examines the frameworks for the protection of product designs in New Zealand and Australia and evaluates the appropriateness of expanding legal mechanisms for the accommodation of product design evolution. The value of more holistic design protection is balanced against other important considerations such as the "right to repair". The book not only anticipates the extent to which product design will cater to senses other than visual, but also provides a novel framework (with reference to industry examples) for discerning originality in such work for the purposes of copyright. This book also makes suggestions for how designs can be protected from foreseeable infringement (analogous to copyright infringement of music and movies on file sharing networks) resulting from future advances in technologies such as 3D printing and virtual reality.

First published in 1983, Prejudice and Pride chronicles legal and social discrimination against gay people living in Britain in 1980s. The book alerts its readers to the ways in which gay men and women were treated in our society and how discrimination in each area can be tackled. The book speaks to us all, providing a blueprint for action through the 1980s. While things today might be better, the book is a reminder that the struggle for equal rights was and will continue to be long and cumbersome. The book acknowledges the action and support of the Campaign for Homosexual Equality and will be of interest to students of history, sociology, law, gender studies and sexuality studies.

'Since the 1970s the pharmaceutical industry has undergone significant changes in its research and development paradigm, trade and production. Regulatory frameworks have also changed substantially, particularly in the area of intellectual property rights. This book provides much needed empirical evidence on the impact of these and other changes on the pharmaceutical sector and on access to medicines in developing countries. The studies, conducted with a common methodology, on nine developing countries (including major producers of pharmaceuticals such as China and India) and on Canada, make an outstanding contribution to the literature in the field. The data and analysis in the book are of immediate interest to policy makers and to scholars in various fields, including innovation economics, industrial policy, health systems and intellectual property.' - Carlos Correa, University of Buenos Aires, Argentina This up-to-date book examines pharmaceutical development, access to medicines, and the protection of public health in the context of two fundamental changes that the global political economy has undergone since the 1970s, the globalization of trade and production and the increased harmonization of national regulations on intellectual property rights. With authors from eleven different countries presenting case studies of national experiences in Africa, Asia and the Americas, the book analyzes national strategies to promote pharmaceutical innovation, while at the same time assuring widespread access to medicines through generic pharmaceutical production and generic pharmaceutical importation. The expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies. Presenting in-depth analysis and original empirical research, this book will strongly appeal to academics and students of intellectual property, international health, international political economy, international development and law. Contributors: T. Andia, M. Bourassa Forcier, M. Flynn, P. Gehl Sampath, S. Guennif, A. Guzman, H. Klug, G. Krikorian, N. Lalitha, J.-F. Morin, K.C. Shadlen, L. Shi, M. Watanabe

This unique collection explores the complex issue of vigilantism, how it is represented in popular culture, and what is its impact on behavior and the implications for the rule of law. The book is a transnational investigation across a range of eleven different jurisdictions, including accounts of the Anglophone world (Australia, Britain, Canada, and the United States), European experiences (Germany, Greece, Italy, Poland, and Portugal), and South American jurisdictions (Argentina and Brazil). The essays, written by prominent international scholars in law, sociology, criminology, and media studies, present data, historical and recent examples of vigilantism; examine the national Laws and jurisprudence; and focus on the broad theme of vigilante justice in popular culture (literature, films, television). Vigilante Justice in Society and Popular Culture sheds light on this topic offering a detailed look beyond the Anglophone world. This collection will enrich the debate by adding the opportunity for comparison which has been largely lacking in scholarly debate. As such, it will appeal not only to scholars of law, sociology, criminology, and media studies, but also to all those who are engaged with these topics alike.

This book provides the first comprehensive, historically based, philosophical interpretations of two texts of Thomas Percival's professional ethics in medicine set in the context of his intellectual biography. Preceded by his privately published and circulated Medical Jurisprudence of 1794, Thomas Percival (1740-1804) published Medical Ethics in 1803, the first book thus titled in the global histories of medicine and medical ethics. From his days as a student at the Warrington Academy and the medical schools of the universities of Edinburgh and Leyden, Percival steeped himself in the scientific method of Francis Bacon (1561-1626). McCullough shows how Percival became a Baconian moral scientist committed to Baconian deism and Dissent. Percival also drew on and significantly expanded the work of his predecessor in professional ethics in medicine, John Gregory (1724-1773). The result is that Percival should be credited with co-inventing professionalism in medicine with Gregory. To aid and encourage future scholarship, this book brings together the first time three essential Percival texts, Medical Jurisprudence, Medical Ethics, and Extracts from the Medical Ethics of Dr. Percival of 1823, the bridge from Medical Ethics to the 1847 Code of Medical Ethics on the American Medical Association. To support comparative reading, this book provides concordances of Medical Jurisprudence to Medical Ethics and of Medical Ethics to Extracts. Finally, this book includes the first Chronology of Percival's life and works.

Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.

Interdisciplinary analysis of challenges and progress experienced by the LGBT community since the Stonewall riots. Brings together experts from politics, sociology, law, education, language, medicine and religion. Will be of interest to students and scholars exploring LGBT matters.

This book explores whether global music copyright law and the performers' rights regime (PRR) have been able to improve the economic position of artists, as they were originally intended to. The author investigates whether this regime effectively addresses contemporary issues regarding royalty payments and cover songs in Sri Lankan music, drawing on the empirical findings of a case study she conducted on the Sinhala music industry. She finds that the PRR developed internationally and implemented in Sri Lanka is predicated on a particular view of the role of performers and their relationships with other actors in the music industry; although this view can be found in the USA, UK and India, it does not seem to reflect the established practices and relationships within Sri Lanka's contemporary music industry. While providing a socio-historical and legal analysis of these differing industrial settings and investigating the manner in which they impact the PRR's (in)ability to deliver improved economic security for Sinhala singers, the book also offers policymakers recommendations on how to supplement current national copyright law and the PRR in order to provide a secure economic position for music artists in Sri Lanka.

The book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.

Sexual assault on college campuses has drawn tremendous public attention and colleges are under great pressure to respond. In many cases, the result has been a system of sexual assault tribunals that violates the rights of alleged assailants and assault survivors. Gerstmann shows how colleges are often punishing students as sex offenders without a fair hearing and are defining sexual offenses in an unconstitutionally broad manner. Using unbiased and accessible language, this book avoids easy answers and asks: how are colleges failing to assess accusations in a fair manner? Why are 'affirmative consent' laws unconstitutional? How can we do a better job preventing sexual assault? The author argues that colleges are too often making poor choices in terms of how they respond to allegations of sexual assault and, in doing so, they are depriving students of due process, while failing to protect victims of assault.

The United Nations Madrid International Plan of Action on Ageing (MIPAA) offers a bold new agenda for handling the issue of ageing in the 21st-century. It focuses on three priority areas: older persons and development; advancing health and well-being into old age; and ensuring enabling and supportive environments. This book brings together global perspectives on the MIPAA and focusses on and assesses the success and failures of governments to implement its recommendations. Despite its pivotal importance in international ageing policy, the MIPAA has been relatively neglected by academics in their writings and studies. This book mitigates this analytical and empirical cavity. Each chapter focuses on one specific geographical region and addresses five key themes: National ageing situation; Twenty years of MIPAA; Ensuring ageing with dignity; Healthy and active ageing in a sustainable world; and Priorities for the future. It presents an overall summary of the findings, future challenges and opportunities related to ageing, recommendations for future actions to be taken, and policy adjustments needed. The authors also present lessons that were learnt from managing the impact of COVID-19 on older people, together with an outlook on the most immediate priorities for the future so that the recommendations in the MIPAA are achieved in post-COVID-19 and sustainable ethical scenarios. An important contribution towards the advancement of ageing policy, the book will be indispensable to students and researchers of gerontology, ageing, and health. It will also be of interest to policy makers, geriatricians, dementia care specialists, social policy makers responsible for ensuring active and healthy ageing, and all public sector departments which have specific responsibilities towards improving the quality of life of older adults.

In 1954, the United States Supreme Court's ruling in Brown v. Board of Education Topeka (347 U.S. 483) overturned the prevailing doctrine of separate but equal introduced by Plessy v. Ferguson (163 U.S. 537) fifty-eight years prior. By the time Brown was decided, many states had created dual collegiate structures of public education, most of which operated exclusively for Caucasians in one system and African Americans in the other.

Although Brown focused national attention on desegregation in primary and secondary public education, the issue of disestablishing dual systems of public higher education would come to the forefront two years later in Florida ex rel. Hawkins v. Board of Control (350 U.S. 413 1956]). However, the pressure to dismantle dual systems of public education was not extended to higher education until the passage of the Civil Rights Act of 1964. Despite Title VI of this Act, which stated that No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, nineteen states continued to operate dual systems of public higher education. "The Quest to Define Collegiate Desegregation" explores the evolution of the legal standard for collegiate desegregation after Adams v. Richardson (351 F2d 636 D.C. Cir. 1972]).

The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors - states, transnational business corporations, or civil society groups - and their influence on the structures - such as national and international agreements, organizations, and private entities - that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.

Contributing to a rethink of Public Service Media, this book combines theoretical insights and legal frameworks with practice, examining theory and policy development in a bottom-up manner. It explores the practices of Public Service Media across Europe, assessing the rules that govern Public Service Media at both the EU and the National Member State level, identifying common trends, initiated by both the European Commission and individual countries, illustrating the context-dependent development of Public Service Media and challenging the theories of Public Service Broadcasting which have developed an ideal-type public broadcaster based on the well-funded BBC in an atypical media market. Seeking to further explore the actual practices of Public Service Media and make recommendations for the development of more sustainable policies, this book offers case studies of rules and practices from across a variety of EU Member States to consider the extent to which public broadcasters are making the transition to public media organisations, and how public broadcasters and governments are shaping Public Service Media together. This book is a must-read for all scholars who take an interest in Public Service Media, media policy and media systems literature at large. It will also be of interest to practitioners working in government, Public Service Media and commercial media.

Non-governmental Organisations (NGOs) have become important, although sometimes overlooked, actors in international human rights law. Although NGOs are not generally provided for in the hard law of treaties, they use the UN human rights system to hold Governments to account. A key way in which they do so is using State reporting mechanisms, initially the UN treaty bodies, but more recently supplemented by the Human Rights Council's Universal Periodic Review. In doing so, NGOs provide information and contribute to developing recommendations. NGOs also lobby for new treaties, contribute to the drafting of these treaties, and bring individual's complaints to the UN human rights bodies. This book charts the historical development of the NGO role in the UN. It examines the UN regulation of NGOs but the largely informal nature of the role, and an exploration of the various types of NGOs, including some less benign actors such as GONGOs (Governmental NGOs). It also draws on empirical data to illustrate NGO influence on UN human rights bodies and gives voice to stakeholders both inside and outside the UN. The book concludes that the current UN human rights system is heavily reliant on NGOs and that they play an essential fact-finding role and contribute to global democratisation and governance.