In this new and burgeoning field in legal and human rights thought, this edited collection explores, by reference to applied philosophy and case law, how the European Court of Human Rights (ECtHR) has developed and presented a right to personal identity, largely through interpretation of Article 8 of the European Convention on Human Rights. Divided into three parts, the collection interrogates: firstly, the construction of personal identity rights at the ECtHR; secondly, whose identity rights are protected; and thirdly, the limits of identity rights. The collection is the first in the Routledge Studies in Law and Humanity series. Contributions from nine leading and emerging legal scholars from the UK, Ireland and continental Europe explore how the right has developed, rights to identity and marriage, LGBTI+, persons with disabilities, religious and cultural issues and critical perspectives on the social construction and framing of the right. The collection is primarily aimed at scholars and advanced students, particularly of human rights law and its theory, Jurisprudence and Philosophy of Law, and those interested in ECtHR jurisprudence, and those interested in the connection between theories of inclusion, belonging and rights, including human rights lawyers.

Fully up to date on court decisions that guide criminal procedure, including searches involving the Internet of Things Market includes all 2- and 4-year Criminal Justice programs throughout the US Compact, affordable, fresh coverage of criminal procedure, with ample applications to recent cases to engage students preparing for law enforcement careers

Fully up to date on court decisions that guide criminal procedure, including searches involving the Internet of Things Market includes all 2- and 4-year Criminal Justice programs throughout the US Compact, affordable, fresh coverage of criminal procedure, with ample applications to recent cases to engage students preparing for law enforcement careers

Takes a very applied and accessible approach to assessments of mental capacity. Case examples illustrate decision-making capacity in a number of settings and contexts, including financial decisions, medical decisions, criminal/civil court, and other areas. Legal commentary helps illustrate state laws and ethical principles. Includes practice-oriented information and guidelines illustrating how psychologists, Mental Health professionals and lawyers work together. Gives attention to issues related to equity, stereotypes/bias, race, disability, socioeconomic status, and age.

The size of Britain's homeless population has risen considerably since the introduction of the Housing (Homeless) Persons Act 1977. Recently, the Government announced plans radically to reform the existing legislation, a recognition of the political sensitivity of homelessness and the need for a coherent policy to tackle the problem. Housing the homeless is an issue which embraces housing, family and social security policy; it has also generated considerable interest for public lawyers, as the scope of discretionary powers provided by the Act has provoked a great deal of litigation in the High Court. In the original study the author presents a detailed empirical study of three local authorities implementation of the homelessness legislation. He focuses in particular on the processes of administrative decision-making at the lowest level, and reveals that `law' plays a very limited role in shaping administrative policy decisions. Placing law within a context of administrative action, the author illustrates how administrative law must be understood by reference to the complex institutional structures with which it is daily involved.

This book focuses on a border police collaboration project in the Baltic Sea area aiming at fighting cross-border crimes. It deals with the challenges that inherently "suspicious" organizations face when forced to work together. The study offers unique insights into a European border police project, giving the reader a behind the scenes account of how cross-border policing and organized crime in Europe is prevented and solved. Through detailed ethnographic descriptions, the book describes how a trust-based relationship, which is necessary for the exchange of sensitive intelligence information, gradually developed by the participants in and through their joint efforts to protect Europe from external threats and by performing everyday work together. The study presented in this book is of interest to scholars as well as practitioners concerned with migration management, border policing, intelligence analysis, police culture, and the changing nature of policing in an increasingly global and interconnected world. The book includes various sociological features, such as emotion management, emotional labor, hegemonic masculinity, and takes an interactionist perspective on informal interactions such as joking, bantering, and telling stories. It is also of interest to readers engaged in various forms of intra-, inter-organizational, and inter-cultural collaborations.

* A comprehensive mixed-methods analysis of criminologists' engagement with the media. * Includes a range of media, from traditional news outlets to social media.

This book provides a well-focused and comprehensive overview of the history and background of nanocarbon based materials like carbon nanotubes, graphene, and fullerenes. It discusses their structure, synthesis, properties and modifications for making various advanced materials. The authors focus on their use in the health care sector as therapeutic agents in pharmacy and medicine, in diagnosis and analysis in pharmacy and medicine, as biosensors, gene and drug delivery, cancer therapy, biosensing and bioimaging, go-based antibacterial materials, and as a promising antioxidant and GO-based scaffold for cell culture. The authors also showcase the application potential of advanced nanocarbon based materials by examining the biomedical applications developed via novel advanced designing, in which the technologies will be adopted and the end users can be benefited. Finally the authors discuss the increasing research on carbon based materials, along with the challenges they are currently facing along with possible solutions that may result in the availability of the accessible, reliable and cost-efficient technology. The potential user for this book may be medical practitioners, biologists, pharmacists, and chemists.This book covers in-depth knowledge of processing parameters for making nanocarbon based material for high end applications in the biomedical and pharmaceutical fields.

This book delineates the scope of permissible compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). The initial impetus for this study was provided by a conflict between two competing positions within the current debate over the future of coercive psychiatry. According to one position, defended by the CRPD Committee, among others, compulsory mental health care necessarily violates the prohibition of discrimination. According to the competing position, supported by the vast majority of states, compulsion is sometimes necessary to protect health and life and, if coupled with appropriate legal safeguards, it is lawful under such circumstances. This book disputes both positions and argues that the scope of permissible compulsory care can be identified using proportionality reasoning. Drawing on the work of Robert Alexy, it develops a framework for proportionality assessments within the context of non-discrimination. The framework can assist decision-makers to design principled and evidence-based mental health care regimes. This book thus provides a new way forward for states parties looking to reform their mental health care regimes and to improve compliance with the CRPD. It will appeal to academics and practitioners engaged in mental health reform in the post-CRPD era.

This book provides a comprehensive assessment of the effectiveness of Mobility Partnerships and their consequences for third countries. Mobility partnerships between the EU and third countries are usually viewed as reflecting asymmetric power relations where development aid, trade relations and visa policies are made conditional upon the cooperation by third countries with an EU agenda of migration control. This book argues that three main factors condition the relevance of Mobility Partnerships: the state of relations between EU Member States and a third country, and in particular, the role of postcolonial ties; the power of negotiation of a third country, which is linked to its geopolitical importance for the EU; and its administrative capacity, which is understood as the capacity of a state to define and implement policies and to legislate and enforce the law. The work combines a comparative legal analysis of the development of the legal and policy frameworks in the cases of Morocco and Cape Verde with an empirical study of the implementation of Mobility Partnerships' projects. The analysis demonstrates that Mobility Partnerships, despite their non-binding nature, have legal and policy relevance for these third countries with regard to the regulation of migration, asylum, human trafficking and even labour law. As such, this book makes a contribution to the understanding of the interplay between the interests of EU, Member State and third country actors in the implementation of the Mobility Partnerships. The book will be a key resource for academics and students focusing on Migration Law, EU Studies, Geopolitics and African Studies. The empirical approach will also appeal to policy-makers, international organisation representatives and NGOs.

This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women's equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.

This book provides a systematic and interdisciplinary study of occupational mental health legislation in seven countries. The work presents a study of the laws, policies, and legal interpretations to help prevent mental health problems from occurring in the workplace and appropriately address problems once they do occur. With a view to improving provision in Japan, the author examines the legal issues relating to workplace mental health and stress in the USA, UK, Denmark, the Netherlands, France and Germany. In presenting a comparative discussion of mental health issues in the workplace, this book seeks to establish a minimum for legal rights and duties that contribute to prevention and not just compensation. With its detailed comparative and descriptive coverage of legal and related provisions in a range of countries, the book will be a valuable resource for academics, policy-makers and practitioners working in labour and employment law, social welfare, occupational health and human resource management.

The criminalisation of healthcare malpractice has become a highly topical and somewhat controversial question in recent years. Studies have demonstrated that in England and Wales, the trend towards holding healthcare professionals to account for malpractice is rapidly growing, abolishing the deference doctors enjoyed decades ago. The changing attitude of judges to claims for clinical negligence has been well documented. The role of the criminal process in England and Wales has been less fully analysed with the criminal law playing a very limited role until recently in the regulation of poor healthcare practice. In contrast, in France, the criminal process has for a long time been invoked more readily to respond to cases of healthcare malpractice, which involved even mere errors. This book compares English and French criminal law responses to healthcare malpractice and considers what lessons the French model can provide for potential reform in England and elsewhere. The book takes the HIV-contaminated blood episode as a primary example of the different approaches France and England have in dealing with healthcare malpractice. Kazarian emphasises the impact of rules of substantive criminal law and criminal procedure on the way in which healthcare malpractice is criminalised in a given country. This book explores the key lessons to be drawn on whether the criminal process is an appropriate means to respond to instances of healthcare malpractice. It proposes that features of French criminal law and criminal procedure might be useful to counteract healthcare malpractice.

The UN Convention on the Rights of Persons with Disabilities has facilitated the understanding that disability is both a human rights and development issue. In order to achieve the Sustainable Development Goals by 2030, the focus on disability inclusion has become increasingly important in the discourse of international and national efforts for "leaving no one behind", the motto of the SDGs. This book discusses pertinent and emerging themes such as disability rights, globalization, inequalities, international cooperation and representation. Evidence which has been obtained tends to show that persons with disabilities have been disproportionately left behind without proper representation, participation and inclusion. This book critically investigates the gaps at different levels, from top to bottom, and as importantly, within the global disability movement, for the realization of global disability rights, and theorizes the intersection of disability, globalization and human rights. Empirical case studies from different countries and contexts are introduced to deepen analysis on theories of critical disability studies from a global perspective. Co-edited by a disability researcher and the former United Nations Special Rapporteur on Disability, this book will be of interest to all students, academics, policy makers and practitioners working to advance the cause of disability rights around the world.

In this provocative and thought-provoking book, Professor of Ethics Thomas Sobirk Petersen explains why the World Anti-Doping Agency's doping rules are poorly justified and makes a case for a new third way in anti-doping policy that would allow athletes to use substances and methods currently on WADA's prohibited list. The book identifies, clarifies and challenges the central arguments that are used in the often highly emotional debates around doping, and argues strongly that open dialogue about doping is essential as it defines the territory in which athletes, physicians, managers, coaches and pharmaceutical companies can operate safely. It is rooted in the theory of ethics and illustrated with real cases, examples and experiences from sport at all levels, from the auto-biographical to some of the most high-profile doping cases in history. This is an essential addition to the bookshelves of researchers and students of sports studies like sports philosophy, sports law, sports medicine and the sociology of sport, and a fascinating read for anybody interested in the darker side of sport and in its possible futures.

Interviewing of Suspects with Mental Health Conditions and Disorders in England and Wales explores cutting-edge research that focuses specifically on these adults (including their cognitive needs and psychological vulnerabilities), the impact on the investigative interview, and existing legislation, guidance and practice. The book opens with a historical overview of the move from interrogation to investigative interviewing, including the impact of well-known miscarriages of justice and the inquiry that led to the development of current best practice interviewing. Further chapters focus on the concept of vulnerability within current theoretical frameworks, with a particular emphasis on mental health conditions and disorders, including how they are constructed, understood, and identified within legislation and by those working at the forefront of the criminal justice system. The book also examines current safeguards available to the suspect with mental health conditions and disorders, such as the Appropriate Adult; contemporary research explores their involvement with vulnerable suspects and whether it is sufficient, as well as how the Appropriate Adult understands and experiences their role. Final chapters scrutinise current best practice investigative interviewing of suspects with mental health conditions and disorders, and a paradigm shift towards an emerging evidence-based interview model that considers the vulnerabilities associated with suspects with mental health conditions and disorders in the investigative interview. Examining current psychological theory, contemporary research and existing legislation and guidance including authorised professional practice, this book will be of interest to those working within the criminal justice system, as well as policing and forensic psychology students. In particular, it is essential reading for all serving and trainee police officers, those delivering investigative interviewing training, and interviewing personnel, such as Appropriate Adults.

Offering an important addition to existing critiques of governance feminism and carceral expansion based mainly on experiences from the Global North, this book critically addresses feminist law reform on violence against women, from a decolonial perspective. Challenging the consensus that penal expansion is mainly associated with the co-option of feminist campaigns to counteract violence against women in the context of neoliberal globalisation, this book shows that long-standing colonial narratives underlie many of today's dominant legal discourses justifying criminalisation, even in countries whose governments have called themselves "leftist" and "post-neoliberal". Mapping the history of law reform on violence against women in Ecuador, the book reveals how the conciliation between feminist campaigns and criminalisation strategies takes place through liberal legality, the language of human rights, and the discourse of constitutional guarantees, across the political spectrum. Whilst human rights make violence against women intelligible in mainstream legal terms, the book shows that the emergence of a "rights-based penality" produces a benign, formally innocuous criminal law, which can be presented as progressive, but in practice reproduces colonial and postcolonial paradigms that limit and reshape feminist demands. The book raises new questions on the complex social and political factors that impact on feminist law reform projects, as it demonstrates how colonial assumptions about gender, race, class, and the family remain embedded in liberal criminal law. This theoretically and empirically informed analysis makes an innovative contribution to feminist legal theory, post-colonial studies, and criminal law; and will be of interest to activists, scholars and policymakers working at the intersections between gender equality, law, and violence in Latin America and beyond.

This book provides an important critique of mental health law and practice in China, with a focus on involuntary detention and treatment. The work explores China's mental health law reform regarding treatment decision-making in the new era of the UN Convention on the Rights of Persons with Disabilities (CRPD). It adopts a socio-legal approach, not only by undertaking a comprehensive desk-based analysis of the reforms introduced by China's Mental Health Law (MHL) but also examining its implementation based on evidence from practice. The book seeks to investigate whether China's first national MHL takes a step closer to the requirements of the UN Convention on the Rights of Persons with Disabilities on mental health treatment decision-making, and, if not, why not? The book will be of interest to those working in the areas of mental health law and policy, medical law and disability, human rights law, and Asian Studies.

* A comprehensive mixed-methods analysis of criminologists' engagement with the media. * Includes a range of media, from traditional news outlets to social media.

Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' - as opposed to 'natural' - law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.

The passage of Measure 58 in Oregon in 1998 was a milestone in adoption reform. For the first time in U.S. history a grassroots initiative restored the legal right of adopted adults to request and receive their original birth certificates. Within a day after the law went into effect, nearly 2,400 adoptees had applied for these previously sealed records, elevating their right to know over a birth mother's right to privacy. E. Wayne Carp, a nationally respected authority on adoption history, now reveals the efforts of the radical adoptee rights organization Bastard Nation to pass this milestone initiative. He has written an intimate history of a passionately proposed and opposed initiative that has the potential to revolutionize the adoption reform movement nationwide. Carp follows the campaign from its inception through the hard-fought signature drives of proponents Helen Hill and Grimm to the electoral campaign and ensuing court battles. The opposition was formidable: government officials, adoption agencies, news media, the ACLU, religious organizations, and ad-hoc citizen political groups. Using correspondence and his own candid interviews with all the key players, Carp shows how

This accessible and practical guide de-mystifies the Mental Health Tribunal for health and social care professionals. Written by a mental health lawyer and a MHT Panel member, it offers essential explanations of all stages of the MHT proceedings, from initial application to the final decision. The book also provides answers to frequently asked questions and provides top tips to help guide through the whole process.

* Begins with an overview including Identification of Goals, Recommended Texts, Notes to faculty, and Notes to Learners * Entails the incorporation of more recently emerging ethical dilemmas, some of which concern the use of technology, vignettes embedded in the text, and a variety of new exercises to enhance the use of the text in training settings. The text, which is organized into 5 modules, features an entirely new module on informed consent. The last chapter places much greater emphasis on the person of the group psychotherapist and the kinds of therapist biases that can interfere with sound ethical decision-making * Includes an accompanying PowerPoint eResource

Public procurement affects a substantial share of world trade flows, amounting to 1000 billion euros per year. In the EU, the public purchase of works, goods and services has been estimated to account on average for 16 percent of GDP. The novelty of this book is that it focuses on the new European Union Directives approved in 2014 by the EU Parliament. The book consists of original contributions related to four specific themes of interest to the procurers' day-to-day role in modern public purchasing organizations - both economists and lawyers - allowing for relevant exchanges of views and "real time" interaction. The four sections which characterize the book are Life-cycle Costing in Public Procurement; Calculating Costs and Savings of Public Procurement; Corruption and Probity in Public Procurement and Public Procurement and International Trade Agreements: CETA, TTIP and beyond. These themes have been chosen for their current relevance in relation to the new European Public Procurement Directives and beyond. The original format features, as is the case with the first three volumes, an introductory exchange between leading academics and practitioners, from differing disciplines. It offers a series of sequential interactions between economists, lawyers and technical experts who supplement one another, so as to enrich the liveliness of the debate and improve the mutual understanding between the various professions. This essential guide will be of interest to policymakers, academics, students and researchers, as well as practitioners working in the field of EU public procurement.

In this lively, entertaining, and informative book, Dean K. Fueroghne guides readers through the complex laws governing the creation of advertising, illuminating a heavily regulated arena at the intersection of free enterprise and consumer protection. Is it acceptable to use images of real people, famous or not? Can Nike talk about Adidas in its promotional campaign? When can money be shown? What constitutes puffery, or deceptive truth, or bait-and-switch advertising? What are the specific rules pertaining to professional businesses, political advertising, or the marketing of alcohol or tobacco? What is the difference between copyright and trademark? Fueroghne answers these questions and more as he covers the complex laws relevant to advertising in all its guises. In addition to discussing specific cases, he explains the reasoning behind the court's decisions and how it affects the business of advertising. Students of strategic communication as well as advertising professionals-from agency account executives and copywriters to art directors and freelance designers-will learn to anticipate when proposed advertising may cause legal problems and how to avoid costly mistakes. Advertising lawyers will also appreciate the book as a handy reference that gathers in one place the many disparate laws affecting marketing and promotion in the United States today.