For approaching two decades, family courts have been accused of making life changing decisions about children and who they live with made in secret, away from the scrutiny of the public gaze. Recognising the force of these accusations, senior family courts judges have, over that time, implemented a raft of rule changes, pilot projects and judicial guidance aimed at making the family justice more accountable and transparent. But has any progress been made? Are there still suspicions that family judges make irrevocable, unaccountable decisions in private hearings? And if so, are those suspicions justified and what can be done to dispel them? In this important and timely new book, Clifford Bellamy, a recently retired family judge who has been at the sharp end of family justice during all these changes, attempts to answer those questions and more. He has spoken to leading journalists, judges and academic researchers to find out what the obstacles to open reporting are - be they legal, economic or cultural - and interweaves their insights with informed analysis on how the laws regulating family court reporting operate. Along the way he provides a comprehensive review of the raft of initiatives he has seen come and go, summarises the position now and uses this experience to suggest how this fundamental aspect of our justice system could adapt in the face of this criticism. Every professional working in the family justice system - lawyers, social workers, court staff and judges - as well as those who job it is to report on legal affairs, should read this informative, nuanced exposition of what open justice means and why it matters so much to those whose lives are upended by the family justice system.

Tobacco use represents a critical global health challenge. The World Health Organization estimates that tobacco kills nearly 6 million people a year, with the toll expected to rise to 8 million annually over the next two decades. This detailed book, written by health and legal experts from institutions around the globe, examines legal issues arising from Australia's world-first introduction of mandatory plain packaging of tobacco products. The book offers an in-depth exploration of relevant domestic and international legal questions in fields such as intellectual property, constitutional law, health, trade and investment. The authors' analysis sheds light on broader questions relating to the capacity of governments to regulate tobacco products and the tobacco industry, and to regulate in the interests of public health more generally. The answers to these questions are of vital interest not only to Australia but also to the international community, with states' regulatory sovereignty increasingly being challenged in local and international courts and tribunals. This timely study is designed to assist international organizations, NGOs, policymakers, and scholars in law, medicine and health-related areas. Health professionals and advisors will also find much of interest here. Contributors: A. Alemanno, G. Ayres, E. Bonadio, J. Bosland, S. Chapman, M. Davison, S. Evans, T.A. Faunce, B. Freeman, K. Lannan, J. Liberman, B. McGrady, A.D. Mitchell, M. Scollo, T. Voon

The labour law applicable to the education environment is comprehensive and covers a vast variety of aspects that everyone within that environment will encounter at one time or another. In the past, most employees in education may have had a vague understanding of particular laws and regulations regarding conditions of employment, but now it is essential to have a basic understanding of all relevant laws and regulations that apply. Teachers, especially, could find themselves in a proverbial minefield if they do not ensure that they have a working knowledge of education law. This is evidenced by the numerous lawsuits, disputes, mediations, disciplinary hearings and often unpleasant implications for individuals (and their families) that arise from charges against offenders in all sectors of education. Legislative changes resulting from altered circumstances in education, have led to the need to be constantly aware of the implications and applications of such changes. This urgent need applies not only to principals, but to everyone involved in education. On the one hand the responsibility for correct application and implementation of education legislation lies with the governing body and the head of an institution, but on the other hand it affects the people who work there. The authors of this book have a keen understanding of this vital need, and address it most effectively from their own invaluable experience that stems from practical involvement and thorough research in the field of education.

Drawing on the expertise of leading academics and practitioners, this Research Handbook provides comprehensive analysis of the EU's involvement in sport. Structured around the key themes used by the EU Commission in the field of sport, namely sport in society, the economic dimension of sport and the organization of sport, this Research Handbook is the definitive assessment of modern EU sports law and policy. The initial contributions explore the origins and sources of EU sports law and policy to provide context, while the remaining chapters address the Commission's key themes. Contributors explore the key cases shaping EU sports law, such as Walrave, Bosman and Meca-Medina, whilst also assessing the key contemporary issues concerning the relationship between sport and the EU. Demonstrating how and why sport can make a difference to the socio-economic well-being of the EU, this Research Handbook will be stimulating reading for sports lawyers and administrators as well as students of sports law, sports policy and sports business, and politicians and civil servants in this sector. Contributors include: J. Anderson, W. Andreff, S. Boyes, A. Cattaneo, J.-L. Chappelet, C. Coors, N. De Marco, M. de Wolff, B. Garcia, J. Kornbeck, S. O'Conaill, L. O'Leary, R. Parrish, N. Partington, K. Pijetlovic, S. Schenk, E. Szyszczak, A. Tsoukala, S. Van den Bogaert, A. Vermeersch, S. Weatherill

This book explores the relationship between truth and freedom in the free press. It argues that the relationship is problematic because the free press implies a competition between plural ideas, whereas truth is univocal. Based on this tension the book claims that the idea of a free press is premised on an epistemological illusion. This illusion enables society to maintain that the world it perceives through the press corresponds to the world as it actually exists, explaining why defenders of the free press continue to rely on its capacity to discover the truth, despite economic conditions and technological innovations undermining much of its independence. The book invites the reader to reconsider the philosophical foundations, constitutional justifications, and structure and functions of the free press, and whether the institution can, in fact, realise both freedom and truth. It will be of great interest to anyone concerned in the role and value of the free press in the modern world.

Negotiation, understood simply as "working things out by talking things through," is often anything but simple for Native nations engaged with federal, state, and local governments to solve complex issues, promote economic and community development, and protect and advance their legal and historical rights. Power Balance builds on traditional Native values and peacemaking practices to equip tribes today with additional tools for increasing their negotiating leverage. As cofounder and executive director of the Indian Dispute Resolution Service, author Steven J. Haberfeld has worked with Native tribes for more than forty years to help resolve internal differences and negotiate complex transactions with governmental, political, and private-sector interests. Drawing on that experience, he combines Native ideas and principles with the strategies of "interest-based negotiation" to develop a framework for overcoming the unique structural challenges of dealing with multilevel government agencies. His book offers detailed instructions for mastering six fundamental steps in the negotiating process, ranging from initial planning and preparation to hammering out a comprehensive, written win-win agreement. With real-life examples throughout, Power Balance outlines measures tribes can take to maximize their negotiating power-by leveraging their special legal rights and historical status and by employing political organizing strategies to level the playing field in obtaining their rightful benefits. Haberfeld includes a case study of the precedent-setting negotiation between the Timbisha Shoshone Tribe and four federal agencies that resolved disputes over land, water, and other natural resource in Death Valley National Park in California. Bringing together firsthand experience, traditional Native values, and the most up-to-date legal principles and practices, this how-to book will be an invaluable resource for tribal leaders and lawyers seeking to develop and refine their negotiating skills and strategies.

First handbook in the market to cover regulatory affairs in Asia. This handbook covers medical device regulatory systems in different countries, ISO standards for medical devices, clinical trial and regulatory requirements, and documentation for application. Experts from influential international regulatory bodies have contributed to the book.

The issue of justice in the field of health care is becoming more central with concerns over access, cost and provision. Obamacare in the United States and the Health and Social Care Act 2012 in the United Kingdom are key examples illustrating the increasing pressure put on governments to find just and equitable solutions to the problem of health care provision. Justice and Profit in Health Care Law explores the influence of justice principles on the elaboration of laws reforming health care systems. By examining the role played by key for-profit stakeholders (doctors, employers and insurers), it tracks the evolution of distributive norms for the allocation of health care resources in western welfare states. Essentially, this book sheds light on the place given to justice in the health care law-making process in order to understand the place we wish to give these principles in future health care reforms.

Encyclopedia of Forensic and Legal Medicine, Volumes 1-4, Second Edition is a pioneering four volume encyclopedia compiled by an international team of forensic specialists who explore the relationship between law, medicine, and science in the study of forensics. This important work includes over three hundred state-of-the-art chapters, with articles covering crime-solving techniques such as autopsies, ballistics, fingerprinting, hair and fiber analysis, and the sophisticated procedures associated with terrorism investigations, forensic chemistry, DNA, and immunoassays. Available online, and in four printed volumes, the encyclopedia is an essential reference for any practitioner in a forensic, medical, healthcare, legal, judicial, or investigative field looking for easily accessible and authoritative overviews on a wide range of topics. Chapters have been arranged in alphabetical order, and are written in a clear-and-concise manner, with definitions provided in the case of obscure terms and information supplemented with pictures, tables, and diagrams. Each topic includes cross-referencing to related articles and case studies where further explanation is required, along with references to external sources for further reading.

This book analyses how China has engaged in global IP governance and the implications of its engagement for global distributive justice. It investigates five cases on China's IP engagement in geographical indications, the disclosure obligation, IP and standardisation, and its bilateral and multilateral IP engagement. It takes a regulation-oriented approach to examine substate and non-state actors involved in China's global IP engagement, identifies principles that have guided or constrained its engagement, and discusses strategies actors have used in managing the principles. Its focus on engagement directs attention to processes instead of outcomes, which enables a more nuanced understanding of the role that China plays in global IP governance than the dichotomic categorisation of China either as a global IP rule-taker or rule-maker. This book identifies two groups of strategies that China has used in its global IP engagement: forum and agenda-related strategies and principle-related strategies. The first group concerns questions of where and how China has advanced its IP agenda, including multi-forum engagement, dissembling, and more cohesive responsive engagement. The second group consists of strategies to achieve a certain principle or manage contesting principles, including modelling and balancing. It shows that China's deployment of engagement strategies makes its IP system similar to those of the EU and the US. Its balancing strategy has led to constructed inconsistency of its IP positions across forums. This book argues that China still has some way to go to influence global IP agenda-setting in a way matching its status as the second largest economy.

Throughout the twentieth century, administrations have wrestled with allaying public concern over national disasters and social scandals. This book seeks to describe historically the use of public inquiries, and demonstrates why their methods continued to deploy until 1998 the ingrained habits of lawyers, particularly by issuing warning letters in order to safeguard witnesses who might be to blame. Under the influence of Lord Justice Salmon, the vital concern about systems and services allotted to social problems was relegated to the identification of individual blameworthiness. The book explains why the last inquiry under that system, into the events of 'Bloody Sunday' under Lord Saville's chairmanship, cost GBP200 million and took twelve and a half years (instead of two years). 'Never again', was the Government's muted cry as the method of investigating the public concern was eventually replaced by the Inquiries Act 2005, by common consent a good piece of legislation. The overriding principle of fairness to witnesses was confirmed by Parliament to those who are 'core participants' to the event, but with limited rights to participate. The public inquiry, the author asserts, is now publicly administered as a Commission of Inquiry, and is correctly regarded as a branch of public administration that focuses on the systemic question of what went wrong, as opposed to which individuals were to blame.

Market driven healthcare is massively divisive. Opponents argue that a competition approach to medical treatment negatively impacts on quality, while advocates point to increased efficiencies. This book casts a critical eye over both positions to show that the concerns over quality are in fact real. Taking a two part approach, it unveils the fault lines along which healthcare provision and the pursuit of quality would in certain cases clash. It then shows how competition authorities can only effectively assess competition concerns when they ask the fundamental question of how the concept of healthcare quality should be defined and factored into their decisions. Drawing on UK, US and EU examples, it explores antitrust and merger cases in hospital, medical and health insurance markets to give an accurate depiction of the reality and challenges of regulating competition in healthcare provision.

Informed consent is the legal instrument that purports to protect an individual's autonomy and defends against medical arbitrariness. Informed Consent and Health highlights that possession of complete information about all relevant aspects of a proposed treatment is integral to the ability of a patient to make an informed choice. With patient choice at both legislative and judicial levels rising to greater levels of prominence, this timely book examines how the tensions between the rights of patients to make choices and the duties of doctors to provide health care are managed. This illuminating book investigates our evolving understanding of informed consent from a range of comparative and international perspectives, demonstrating the diversity of its interpretations around the world. Chapters offer a nuanced analysis of the problems that impede the understanding and implementation of the concept of informed consent and explore the contemporary challenges that continue to hinder both the patient and the medical community. Containing an in-depth discussion on this fundamental right, this thought-provoking book will be of value to academics and practitioners alike. Providing fascinating insight into new solutions and interpretations, this book will also prove a key resource for clinicians and health care workers. Contributors include: B. Buchner, S.C. Chima, I. Freckelton, R. Fretwell Wilson, N. Glover-Thomas, M. Hartlev, Y. Joly, V.G. Mammadov, G. Marrocco, Y.V. Pavlova, M. Pinkesz, S.I. Pospelova, V.L. Raposo, Y.D. Sergeyev, T. Vansweevelt, M.H. Zawati

The increasing shift towards digital publishing has provoked much debate concerning the issues surrounding ?'Open Access?' (OA), including its economic implications. This timely book considers how the future of academic publishing might look in a purely digital environment and utilises unique empirical data in order to analyze the experiences of researchers with, as well as attitudes towards, OA publishing. Presenting findings from a novel, in-depth survey with more than 10,000 respondents from 25 countries, this book shows that the research culture of scientific research differs considerably between disciplines and countries. These differences significantly determine the role of both '?gold?' and '?green?' forms of OA and foster both opportunity and risk. Discussing their findings in the light of recent policy attempts to foster OA, Thomas Eger and Marc Scheufen reveal considerable shortcomings and lack of knowledge on fundamental features of the academic publishing market and conclude by highlighting a policy agenda for its future development. Well-timed and far-reaching, this book will be of particular interest to students and scholars interested in the economic analysis of copyright law. Academic librarians and research sponsors will also benefit from the insights offered.

After heart disease and cancer, the third leading cause of death in the United States is iatrogenic injury (avoidable injury or infection caused by a healer). Research suggests that avoidable errors claim several hundred thousand lives every year. The principal economic counterforce to such errors, malpractice litigation, has never been a particularly effective deterrent for a host of reasons, with fewer than 3% of negligently injured patients (or their families) receiving any compensation from a doctor or hospital's insurer. Closing Death's Door brings the psychology of decision making together with the law to explore ways to improve patient safety and reduce iatrogenic injury, when neither the healthcare industry itself nor the legal system has made a substantial dent in the problem. Beginning with an unflinching introduction to the problem of patient safety, the authors go on to define iatrogenic injury and its scope, shedding light on the culture and structure of a healthcare industry that has failed to effectively address the problem-and indeed that has influenced legislation to weaken existing legal protections and impede the adoption of potentially promising reforms. Examining the weak points in existing systems with an eye to using law to more effectively bring about improvement, the authors conclude by offering a set of ideas intended to start a conversation that will lead to new legal policies that lower the risk of harm to patients. Closing Death's Door is brought to vivid life by the stories of individuals and groups that have played leading roles in the nation's struggle with iatrogenic injury, and is essential reading for medical and legal professionals, as well as lawmakers and laypeople with an interest in healthcare policy.