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Books > Law > Laws of other jurisdictions & general law > Social law > General
This volume contains several analyses of health rights issues related to children. The various chapters provide an overview of this captivating area and may be of special interest to lawyers, health care professionals, ethicists, psychologists, judicial institutions, policy makers, interest groups, students and all others who are concerned with the children's rights perspective on health care.
Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial burdens and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting, or compensating carers, which is an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. (Series: Hart Studies in Private Law)
This book provides a nuanced picture of how diverse legal debates on the pursuit of economic development and modernization have played out in Latin America since independence. The opposing concepts of modernization theory and Dependency Theory can be seen to be playing out within the field of legal transformation, as some legal analysts define law as a closed, formal, rational system, and others see law as inseparable from economic, social and political change. Legal experiments have followed these trends, in some cases using legal instruments to guarantee classical, civil and political rights, and in others demanding radical transformation of existing legal structures. This book traces these debates across the key topics of: economic development and foreign investment; property; resource and power distribution in terms of gender and social policy. Drawing on a wide range of literature, the book adds complexity and color to our understanding of these themes in Latin America. This insightful exploration of comparative law within Latin America provides the tools needed to understand legal transformation in the region, and as such will be of interest to researchers within law, political sociology, development and Latin American studies.
Genetic Transparency? tackles the question of who has, or should have access to personal genomic information. Genomic science is revolutionary in how it changes the way we live, individually and together, and how it changes the shape of society. If this is so, then - the authors of this volume claim - the rules that regulate genetic transparency should be debated carefully, openly and critically. It is important to see that the social and cultural meanings of DNA and genetic sequences are much richer than can be accounted for by purely biomedical knowledge. In this book, an international group of leading genomics experts and scholars from the humanities and social sciences discuss how the new accessibility of genomic information affects interpersonal relationships, our self-understandings, ethics, law, and healthcare systems. Contributors are: Kirsten Brukamp, Gabrielle Christenhusz, Lorraine Cowley, Malte Dreyer, Jeanette Erdmann, Andrei Famenka, Teresa Finlay, Caroline Fundling, Shannon Gibson, Cathy Herbrand, Angeliki Kerasidou, Lene Koch, Fruzsina Molnar-Gabor, Tim Ohnhauser, Christoph Rehmann-Sutter, Benedikt Reiz, Vasilja Rolfes, Sara Tocchetti
Prohibitions against offensive conduct have existed for many years, but their extent and use was on the decline. Recently, however, several jurisdictions, including England and Wales, have moved to broaden the reach and severity of measures against incivilities. New measures include expanded targeting of unpopular forms of public conduct, such as begging, and legislation authorising magistrates to issue prohibitory orders against anti-social behaviour. Because these quality-of-life prohibitions can be so restrictive of personal liberties, it is essential to develop adequate guiding and limiting principles concerning State intervention in this area. This book addresses the legal regulation of offensive behaviour. Topics include: the nature of offensiveness; the grounds and permissible scope of criminal prohibitions against offensive behaviour; the legitimacy of civil orders against incivilities; and identifying the social trends that have generated current political interest in preventing incivilities through intervention of law. These questions are addressed by eleven distinguished philosophers, criminal law theorists, criminologists, and sociologists. In an area that has attracted much public comment but little theoretical analysis to date, these essays develop a fuller conceptual framework for debating questions about the legal regulation of offensive behaviour.
This monograph examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users' autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users. Using a series of illustrative case studies, of Internet provision, search, mobile devices and app stores, and the cloud, the work demonstrates the gaps that currently exist in EU law and regulation. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failure can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, solutions from outside the system are proposed at the end of each case study. This study will appeal to EU competition lawyers and media lawyers.
Scholarly studies of value creation for consumer experience constitute a very fragmented field, spanning the disciplines of design, branding and marketing. The Value of Design in Retail and Branding creates a much-needed bridge between different disciplines involved in retail design, bringing together a range of research and insights for practice in these disciplines, improving the impact of design. Here Katelijn Quartier, Ann Petermans, TC Melewar and Charles Dennis bring together a team of field-leading, practice-based experts in order to offer an interdisciplinary, practice-oriented inquiry into how design plays a key role in defining a successful retail environment and experience. In four sections organised around the concepts of design, experience, context, and interdisciplinarity, contributors highlight how to achieve impactful branding and retail-experience design through a focus on such issues as local relevance and storytelling. As each chapter concludes by explaining how its findings can feed into practice, this book begins filling the gap between academic journals and visual case studies, ultimately providing fertile ground for further debate around best practice. For its interdisciplinary approach, its scholarly rigour, and its clearly articulated implications for practice, The Value of Design in Retail and Branding is of interest to scholars of design, branding and marketing as well as to practitioners within these fields.
As technology becomes further engrained in the modern healthcare experience, an understanding of the impact created by the implementation of each new technology as well as the issues surrounding the today's medical experience is never more necessary. New Technologies for Advancing Healthcare and Clinical Practices chronicles the latest developments that are forming the future of medicine. This book introduces and explores the current technological innovations and applications of information systems and informatics in the healthcare industry while directing frameworks for advancing healthcare and clinical practices and research. Practitioners, educators, and researchers will find an international collection of case studies, surveys, and empirical research using qualitative approaches.
This new addition to Hart Publishing's Landmark Cases series brings together leading figures in the field to discuss a selection of the most significant cases in medical law. These are cases which either signpost a new development for medical law, illustrate an important development of the law, or signpost likely future developments of the law. The cases are explored in their social and historical context to understand better what has influenced the development of the law. This collection provides a fascinating insight in the interaction of medical law and broader social changes to our bodies, illness and medical professionals.
Many teachers in public schools find themselves increasingly unsure of what the law expects of them in the classroom. The general public and government regulators are holding them to higher and stricter standers of conduct, but their educational preparation has not kept up with the changing environment. Knowing Where to Draw the Line: Ethical and Legal Standards for Best Classroom Practice is an ideal guide for teacher education programs, offering a comprehensive account of the legal information that will arm teachers for legal survival in the classroom. Organized for both easy reference and thorough examination, Knowing Where to Draw the Line: Ethical and Legal Standards for Best Classroom Practice instructs teachers on how to deal with students, parents, administrators, and local communities, covering an exhaustive list of legal issues including: Sexual harassment, Discipline, Contract negotiations, Liability, and Medical Concerns. In addition, Knowing Where to Draw the Line: Ethical and Legal Standards for Best Classroom Practice highlights a number of court cases and uses hypothetical cases to further aid teachers in understanding these vital concerns.
How Spanish-language radio has influenced American and Latino discourse on key current affairs issues such as citizenship and immigration. Winner, Book of the Year presented by the American Association of Hispanics in Higher Education Honorable Mention for the 2015 Latino Studies Best Book presented by the Latin American Studies Association The last two decades have produced continued Latino population growth, and marked shifts in both communications and immigration policy. Since the 1990s, Spanish- language radio has dethroned English-language radio stations in major cities across the United States, taking over the number one spot in Los Angeles, Houston, Miami, and New York City. Investigating the cultural and political history of U.S. Spanish-language broadcasts throughout the twentieth century, Sounds of Belonging reveals how these changes have helped Spanish-language radio secure its dominance in the major U.S. radio markets. Bringing together theories on the immigration experience with sound and radio studies, Dolores Ines Casillas documents how Latinos form listening relationships with Spanish-language radio programming. Using a vast array of sources, from print culture and industry journals to sound archives of radio programming, she reflects on institutional growth, the evolution of programming genres, and reception by the radio industry and listeners to map the trajectory of Spanish-language radio, from its grassroots origins to the current corporate-sponsored business it has become. Casillas focuses on Latinos' use of Spanish-language radio to help navigate their immigrant experiences with U.S. institutions, for example in broadcasting discussions about immigration policies while providing anonymity for a legally vulnerable listenership. Sounds of Belonging proposes that debates of citizenship are not always formal personal appeals but a collective experience heard loudly through broadcast radio.
The Profits of Charity examines the contemporary law governing the involvement of charity in commerce and explores the reasons why this involvement is dramatically changing. From a perspective familiar to charity lawyers, NGO managers, and scholars, Kerry O'Halloran identifies the concepts and the law underpinning charities and their profits by tracing legal developments in the field and identifying the resulting opportunities and challenges for the future. At a time when many leading nations are confronting economic recession, the threat of terrorism, and the retreat of the 'welfare state,' this book explores why governments are turning to charities in their quest to cultivate social capital, consolidate civil society, and promote civic engagement. In The Profits of Charity, Professor O'Halloran undertakes a comparative analysis of the balance struck among government, charity, and commerce in five leading common law nations, including the United States, Canada, England and Wales, New Zealand, and Australia. He uses analysis of legislation, outcomes of charity law reviews, and recent case law to illustrate jurisdictional differences, and concludes with an assessment of the extent and significance of the recalibrated relationship and considers the overarching issues that arise between charity law and social policy.
Fierce debate has long loomed over Title IX, the landmark legislation prohibiting sex discrimination in schools, whether in academics or athletics. Since its inception, Title IX has inspired both backlash and backlash-against-backlash commentary. Supporters contend that the legislation is a long overdue measure in securing equal opportunities for girls and women in America's school and university athletics. Opponents argue that Title IX is nothing more than a government-enforced quota system that is damaging men's sports programs. Caught in the middle are the schools that struggle to develop equitable sports programs for male and female athletes. From the hard fought passing of Title IX in 1972 to the most recent debates surrounding compliance, this encyclopedia explores the significant individuals, schools, events, key concepts, controversies, and legal cases revolving around Title IX and its application in collegiate athletics. This encyclopedia, the first of its kind, offers a comprehensive guide to various aspects and wide ranging issues associated with Title IX and sports. With more than 150 in-depth entries, this inclusive and authoritative reference will appeal to students, scholars, and general readers interested in both the historic framework and contemporary implications of Title IX and academic athletics. Sample entries include: A League of Their Own Association for Intercollegiate Athletics for Women v. NCAA (1984) Bonnie Blair Molly "Machine Gun" Bolin California NOW v. Board of Trustees of California State Universities (1993) Commission on Equal Opportunity in Athletics Equity in Athletics Disclosure Act Patsy Mink Ms. Foundation National Women's Football League NationalWrestling Coaches Assocation Pederson v. Louisiana State University (2000) Three Part Test
Never before have two revolutions with so much potential to save and prolong human life occurred simultaneously. The converging, synergistic power of the biochemical and digital revolutions now allows us to read every letter of life's code, create precisely targeted drugs to control it, and tailor their use to individual patients. Cancer, diabetes, Alzheimer's and countless other killers can be vanquished,if we make full use of the tools of modern drug design and allow doctors the use of modern data gathering and analytical tools when prescribing drugs to their patients.But Washington stands in the way, clinging to outdated drug-approval protocols developed decades ago during medicine's long battle with the infectious epidemics of the past. Peter Huber, an expert in science, technology, and public policy, demonstrates why Washington's one-size-fits-all drug policies can't deal with diseases rooted in the complex molecular diversity of human bodies. Washington is ill-equipped to handle the torrents of data that now propel the advance of molecular medicine and is reluctant to embrace the statistical methods of the digital age that can. Obsolete economic policies, often rationalized as cost-saving measures, stifle innovation and suppress investment in the medicine that can provide the best cures at the lowest cost.In the 1980s, an AIDS diagnosis was a death sentence, until the FDA loosened its throttling grip and began streamlining and accelerating approval of life-saving drugs. The Cure in the Code shows patients, doctors, investors, and policy makers what we must now do to capture the full life-saving and cost-saving potential of the revolution in molecular medicine. America has to choose. At stake for America is the power to lead the world in mastering the most free, fecund, competitive, dynamic, and intelligent natural resource on the planet,the molecular code that spawns human life and controls our health.
Violations of international law and human rights laws are the
plague of the twentieth and twenty-first centuries. People's
inhumanity to people escalates as wars proliferate and respect for
human rights and the laws of war diminish. In Decoding
International Law: Semiotics and the Humanities, Professor Susan
Tiefenbrun analyzes international law as represented artfully in
the humanities.
A comprehensive, stimulating introduction to trusts law, which
provides readers with a clear conceptual framework to aid
understanding of this challenging area of the law. Aimed at readers
studying trusts at an undergraduate level, it provides a succinct
and enlightening account of this area of the law.
A: Einfuhrung.- 1 Sozialrecht und Sozialleistungstrager.- 1.1 Arzt und Sozialrecht.- 1.2 Das Sozialrecht im Gefuge der Rechtsordnung.- 1.3 Sozialrechtsbereiche, Sozialleistungstrager.- 1.4 Nahtlosigkeit der Sozialleistungen.- B: Allgemeiner Teil.- 2 Sozialrechtliche Grundbegriffe.- 2.1 Versicherungsfall, Leistungsfall.- 2.2 Krankheit und verwandte Begriffe.- 2.3 Behinderung.- 2.4 Arbeitsunfahigkeit.- 2.5 Dienstunfahigkeit.- 2.6 Erwerbsunfahigkeit.- 2.7 Berufsunfahigkeit.- 2.8 Teilweise und volle Erwerbsminderung.- 2.9 Hilflosigkeit, Pflegebedurftigkeit.- 2.10 Unfall.- 2.11 Minderung der Erwerbsfahigkeit (MdE, GdB).- 2.12 Vorschaden, Parallelschaden, Nachschaden.- 2.13 Arbeitslosigkeit, Verfugbarkeit.- 2.14 Rehabilitation und Teilhabe Behinderter.- 3 Ursachlicher Zusammenhang.- 3.1 Ursachlicher Zusammenhang: Allgemeines.- 3.2 Sozialrechtlichen Kausalitatslehre: Wesentliche Bedingung.- 3.3 Sozialrechtlichen Kausalitatslehre: Konkurrierende Kausalitat.- 3.4 Einheitlichkeit der Zusammenhangsbeurteilung.- 3.5 Bezugszeitpunkt der Zusammenhangsbeurteilung.- 3.6 Beweisanforderungen und Beweislast.- 3.7 Schadensanlage und anlagebedingte Leiden.- 3.8 Gelegenheitsursache.- 3.9 Verursachung iS der Entstehung und der Verschlimmerung.- 3.10 Mittelbarer Schaden.- 3.11 Abschliessende Beurteilung des ursachlichen Zusammenhangs.- 3.12 Schemata fur die sozialmedizinische Beurteilung.- 3.13 Sonderfalle des Kausalitatsrechts.- C: Besonderer Teil.- 4 Materielles Sozialrecht.- 4.1 Sozialgesetzbuch I (SGB I).- 4.2 Ausbildungsfoerderung (BAFoeG).- 4.3 Arbeitsfoerderung und Arbeitslosenversicherung (SGB III).- 4.4 Sozialgesetzbuch IV: Gemeinsame Vorschriften fur die Sozialversicherung (SGB IV).- 4.5 Gesetzliche Krankenversicherung (SGB V).- 4.6 Gesetzliche Rentenversicherung (SGB VI).- 4.7 Gesetzliche Unfallversicherung (SGB VII).- 4.8 Kinder- und Jugendhilferecht (SGB VIII).- 4.9 Rehabilitation und Teilhabe von Behinderten (SGB IX).- 4.10 Schwerbehindertenrecht ( 68 ff SGB IX).- 4.11 Gesetzliche Pflegeversicherung (SGB XI).- 4.12 Kindergeld; Erziehungsgeld und Elternzeit (Erziehungsurlaub); Mutterschaftsgeld.- 4.13 Soziales Entschadigungsrecht.- 4.14 Sozialhilferecht (BSHG).- 4.15 Bedarfsorientierte Grundsicherung im Alter und bei Erwerbsminderung (GSiG).- 5 Verfahrensrecht.- 5.1 Allgemeines.- 5.2 Zivilprozess (ZPO).- 5.3 Strafprozess (StPO).- 5.4 Verwaltungsverfahren (SGB X).- 5.5 Sozialgerichtliches Verfahren (SGG).- D: Sozialmedizinische Begutachtung.- 6 Atteste, Befundberichte.- 1.1 AErztliche Bescheinigungen, privatarztliche Stellungnahmen.- 1.2 Befundberichte.- 1.3 Privatgutachten.- 7 AErztliche Sachverstandigengutachten.- 7.1 Gutachten im Verwaltungsverfahren der Sozialleistungstrager.- 7.2 Das Sachverstandigengutachten im sozialgerichtlichen Verfahren.- 7.3 Rechte und Pflichten des arztlichen Sach- verstandigen.- 8 Rechtliche Aspekte zur Begutachtung einzelner spezieller Rechtsfragen.- 8.1 Aspekte zum Krankheitsbegriff.- 8.2 Aspekte zum Unfallbegriff.- 8.3 Aspekte zur Beurteilung des ursachlichen Zusammenhangs.- 8.4 Aspekte zur medizinischen Rehabilitation.- 8.5 Aspekte zur Arbeitslosenversicherung.- 8.6 Aspekte zur gesetzlichen Krankenversicherung.- 8.7 Aspekte zur gesetzlichen Pflegeversicherung.- 8.8 Aspekte zur gesetzlichen Rentenversicherung.- 8.9 Aspekte zur gesetzlichen Unfallversicherung.- 8.10 Aspekte zum sozialen Entschadigungsrecht.- 8.11 Aspekte zum Schwerbehindertenrecht.- 8.12 Aspekte zur Neufeststellung und Rucknahme von Verwaltungsakten.
Explores the culture that made military shooter video games popular, and key in understanding the War on Terror No video game genre has been more popular or more lucrative in recent years than the "military shooter." Franchises such as Call of Duty, Battlefield, and those bearing Tom Clancy's name turn over billions of dollars annually by promising to immerse players in historic and near-future battles, converting the reality of contemporary conflicts into playable, experiences. In the aftermath of 9/11, these games transformed a national crisis into fantastic and profitable adventures, where seemingly powerless spectators became solutions to these virtual Wars on Terror. Playing War provides a cultural framework for understanding the popularity of military-themed video games and their significance in the ongoing War on Terror. Matthew Payne examines post-9/11 shooter-style game design as well as gaming strategies to expose how these practices perpetuate and challenge reigning political beliefs about America's military prowess and combat policies. Far from offering simplistic escapist pleasures, these post-9/11 shooters draw on a range of nationalist mythologies, positioning the player as the virtual hero at every level. Through close readings of key games, analyses of marketing materials, and participant observations of the war gaming community, Playing War examines an industry mobilizing anxieties about terrorism and invasion to craft immersive titles that transform international strife into interactive fun.
From colonial times to the present, an insightful examination of how courts have determined the extent to which religion is accommodated in American public life. From the internationally renowned Scopes "Monkey Trial" of 1925, which pitted a public school teacher arrested for teaching evolution against the state of Tennessee, Religion on Trial chronicles key court cases that have shaped the tumultuous relationship between church and state throughout U.S. history. This volume chronicles such groundbreaking cases as the 1991 decision ordering blood transfusions for children of Christian Scientists in Norwood Hospital v. Munoz and the infamous case, Engel v. Vitale, that banned prayer in schools and ignited calls for Chief Justice Earl Warren's impeachment. The work addresses such inflammatory contemporary disputes as prayer in schools, allegiance to the flag, and the display of religious symbols on public property, and the impact they have had on American society. A-Z entries cover people, laws, events, and concepts that have shaped the legal debate over religion in the United States A chronology begins in colonial times and extends through the present, with a special focus on important court cases of the 20th century
This volume brings together an interdisciplinary group of scholars from the United States, the Middle East, and North Africa, to discuss and critically analyze the intersection of gender and human rights laws as applied to individuals of Arab descent. It seeks to raise consciousness at the intersection of gender, identity, and human rights as it relates to Arabs at home and throughout the diaspora. The context of revolution and the destabilizing impact of armed conflicts in the region are used to critique and examine the utility of human rights law to address contemporary human rights issues through extralegal strategies. To this end, the volume seeks to inform, educate, persuade, and facilitate newer or less-heard perspectives related to gender and masculinities theories. It provides readers with new ways of understanding gender and human rights and proposes forward-looking solutions to implementing human rights norms. The goal of this book is to use the context of Arabs at home and throughout the diaspora to critique and examine the utility of human rights norms and laws to diminish human suffering with the goal of transforming the structural, social, and cultural conditions that impede access to human rights. This book will be of interest to a diverse audience of scholars, students, public policy researchers, lawyers and the educated public interested in the fields of human rights law, international studies, gender politics, migration and diaspora, and Middle East and North African politics.
Media and Entertainment Law is a fast growing sector of practice in the EC, and in the UK in particular. The emergence of multi-media law has raised a large number of novel conceptual and practical difficulties for lawyers specialising in the area. The Yearbook is designed to respond to these practical difficulties while also making a serious contribution to media law as an area of serious academic study. It contains high quality analyses of topical issues, as well as thorough surveys of key areas of practice. Up to date and informative, the Yearbook is now well-established as a key source of information and analysis for all media and entertainment law professionals.
The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding of a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic mission, the TRC held a special hearing, calling to account the lawyers -- judges, academics and members of the bar -- who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of theories of adjudication, the historical role of the judiciary and bar in the apartheid years. Written by a well-known commentator on the South African legal system who became, by chance, the first witness to give testimony at these hearings, this book reveals, often in the words of those who testified, how the judges failed in their duty to uphold the rule of law. For the most part, the lawyers of apartheid deserted its victims. The few notable exceptions both illustrate the potential for lawyers to have done more and laid the basis for the respect the rule of law still enjoys in South Africa despite apartheid. Yet, as the author shows, many continue to commit a more serious 'crime'. Failing to confront the past, and in many cases refusing even to attend TRC hearings, the lawyers who could have helped to resist the worst excesses of apartheid remain accomplices to its evil deeds. This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way which will appeal to all readers -- lawyers and non-lawyers alike -- interested in the relationshipbetween law and justice, as it is exposed during a period of transition to democracy. |
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