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This timely book is about raising awareness of the rights of disabled people to full equality and participation in all areas. It aims to show that disability is an issue of concern to all of us. It is for university faculty staff teaching courses on education law and policy and serves as a resource for students conducting research, government officials, and professionals in these fields.
The book analyzes attitudes to people with various disabilities based on Muslim jurists works in the Middle Ages and the modern era. Very little has been written so far on people with disabilities in a general Islamic context, much less in reference to Islamic law. The main contribution of the book is that it focuses on people with disabilities and depicts the place and status that Islamic law has assigned to them.
This book is about the legal, economical, and practical assessment and management of risky activities arising from routine, catastrophic environmental and occupational exposures to hazardous agents. It includes a discussion of aspects of US and European Union law concerning risky activities, and then develops the economic analyses that are relevant to implementing choices within a supply and demand framework. The book also discusses exposure-response and time-series models used in assessing air and water pollution, as well as probabilistic cancer models, including toxicological compartmental, pharmaco-kinetic models and epidemiological relative risks and odds ratios-based models. Statistical methods to measure agreement, correlation and discordance are also developed. The methods and criteria of decision-analysis, including several measures of value of information (VOI) conclude the expositions. This book is an excellent text for students studying risk assessment and management.
Distributed networks such as the Internet have altered the fundamental way a record is created, captured, accessed and managed over time. Law and ethics provide the major sources of regulatory controls over participants in such networks. This book analyses the interrelationship of recordkeeping, ethics and law in terms of existing regulatory models and their application to the Internet environment. It proposes an Internet model based on the notion of a legal and social relationship as a means of identifying the legal and ethical rights and obligations of recordkeeping participants in networked transactions. Medical, business and governmental relationships within communities of common interest based on trust illustrate the practical application of the model. As legal relationships have their basis in the law of obligations found in common and civil law systems, as well as archival science, the model has a broad-based application. The relationship model also provides a unique ethical and legal approach to property, access, privacy and evidence. Most importantly, the book provides an interdisciplinary approach to Internet regulation, which contributes to closer ties between those who research, teach and work in fields of ethics, law and archival science.
For three months every year football clubs buy and sell people. They spend more than £4 billion a year on footballers, and for good reason; the right deal can help you win the game's top prizes while the wrong deal can cost you your job and bankrupt your club. It is a fast-paced, at times murky and cutthroat world worth billions, which largely operated behind closed doors - until Jim White and Kaveh Solhekol stepped in, that is. In Deadline Day, Jim and Kaveh, two of the world's leading transfer experts, take us behind the scenes of this uniquely tense, make-or-break element to the game. They talk of the world's most famous players, managers and agents - Jose Mourinho, Sir Alex Ferguson and Pep Guardiola amongst others - to get to the heart of the most significant deals in history, as well as the ones that got away. But has the time come for football to slam shut the transfer window for good? Is it, after all, more scandal than strategy? Perceptive, entertaining and dynamically told, Jim and Kaveh reckon with questions integral to the future of the game in this definitive, never-before-told inside story of football's transfer window.
This book offers a welcome expansion on key concepts, terms, and issues in causality. It brings much needed clarity to psychological injury assessments and the legal contexts that employ them. Focusing on PTSD, traumatic brain injury, and chronic pain (and grounding readers in salient U.S. and Canadian case law), the book sets out a multifactorial causality framework to facilitate admissibility of psychological evidence in court.
This book invites the legal and psychology communities to work together in solving some of our most pressing social problems. It examines four controversial areas involving people 's perceptions of others. The book is therefore a guide to understanding the valuable contribution of social scientific research in policy formulation in the law, and it addresses the role of psychology in substantive law and legal decision making.
Our shared concern for the victims of sex trafficking represents a rare spot of common ground in contemporary political discourse. Galvanized by impassioned accounts of the abduction and forced labor of women and girls, such normally divergent groups as evangelical Christians, secular feminists, aid workers, and corporate scions have all rallied behind anti-trafficking initiatives and legislation. But just how well do these sweeping concerns and legal efforts mesh with the lived realities of the sex trade, and where exactly did the modern conception of sex trafficking originate? In answering these questions, Brokered Subjects digs into the accepted narratives of sex trafficking to reveal the troubling assumptions which have shaped both right and left-wing agendas around sexual violence. Drawing upon years of in-depth field work, Elizabeth Bernstein sheds light not only on trafficking but on the broader structures that meld the ostensible pursuit of liberation with contemporary techniques of power. Rather than any meaningful commitment to the safety of sex workers, Bernstein argues, what lies behind our current vision of trafficking victims is a transnational mix of putatively humanitarian militaristic interventions, feel-good capitalism, and what she terms carceral feminism: a feminism compatible with police batons.
Moral capacity is an important feature of what it means to be
human. In this volume, the contributors have taken on the daunting
task of trying to distinguish between legal and moral capacity.
This distinction is difficult at times for clinicians, philosophers
and legal scholars alike. Part of the challenge of defining moral
capacity lies in the difficulty of adequately categorizing it. For
this reason, the editors have chosen to divide the book into three
parts. The first looks at the concepts involved in the discussion
of moral capacity; the second considers the role of moral capacity
in the lives of professionals; and the final part reflects on case
studies of moral capacity or incapacity illustrating the challenge
that moral capacity presents - its definition lying between two
seemingly incommensurable models, those of the threshold and
continuum.
ADRIANO DE MAIO IReR President This publication originated from the workshop on "Control and risk prevention of dangerous materials and crisis management" that took place in Sofia, Bulgaria, in March 2009. The basic idea is that international scientific cooperation can effectively contribute to security, stability and solidarity among nations, through increased collaboration, networking and capacity-building and supporting democratic growth and economic development in Partner Countries. We are all facing new needs and threats, deriving from a world changing constantly its social, political and economic dimension and, for this reason, the international dialogue through civil science represents a way forward to comm- ment to global common issues. In fact, the Lombardy Regional Institute for Research has developed some international activities aiming at establishing networks of scientists and experts in defined areas and subjects. Through one of these activities, the Institute entered in touch with the Science for Peace and Security Programme. In this framework, we decided to share the experience of Lombardy Region on transportation of dangerous materials (half of their total transport in Italy): research and studies in civil area conducted in Lombardy Region are considered the most innovative in Europe for the results obtained. Comparison with diverse international experiences is a great opportunity of implementing present results and applying them to different applications (from civil to anti-terrorism) and extending them to countries other than Italy.
Over the past twenty years the transition from the late Middle Ages to the early modern era has received increasing attention from experts in the history of philosophy. In part, this new interest arises from claims, made in literature aimed at a less specialist readership, that this transition was responsible for the subsequent philosophical and theological problems of the Enlightenment. Philosophers like Alasdair MacIntyre and theologians like John Milbank display a certain nostalgia for the medieval synthesis of Thomas Aquinas and, consequently, evaluate the period from 1300 to 1700 in rather negative terms. Other historians of philosophy writing for the general public, such as Charles Taylor, take a more positive view of the Reformation but nevertheless conclude that modernity has been shaped by 1 conflicts which stem from early modern times. Ethics and moral thought occupy a central place in these theories. It is assumed that we have lost something - the concept of virtue, for instance, or the source of common morality. Yet those who put forward such notions do not treat the history of ethics in detail. From the historian's perspective, their far-reaching theoretical assumptions are based on a quite small body of textual evidence. In reality, there was a rich variety of approaches to moral thinking and ethical theories during the period from 1400 to 1600.
Windows may rule the world of popular computing on PCs around the globe, but DOS still has a place in the hearts and minds of computer users who vaguely remember what a C prompt looks like. Even if DOS (with all its arcane commands and its drab, boring look) isn't your idea of the best way to get things done on a PC, you'll find plenty of fast and friendly help on hand with the third edition of DOS For Dummies. Here's a plain-speaking reference guide to all the command-line stuff and nonsense that makes DOS work, whether you're a native DOS user or are an occasional dabbler who needs the operating system to run all those cool games under Windows. DOS For Dummies, 3rd Edition, avoids all the technical jargon to cut to the heart of things with clear, easy-to-understand explanations and step-by-step help for managing files, running DOS inside Windows, and installing and running DOS-based software programs. All the basic DOS commands, from APPEND to XCOPY, are demystified to make life in DOS much more bearable. And the book has plenty of helpful tips and tricks for bending DOS to your will, without having to dedicate your life (and all your free time) to mastering this little corner of the PC.
The first book-length exploration of the most exciting development in modern physics, the theory of 10-dimensional space. The theory of hyperspace, which Michio Kaku pioneered, may be the leading candidate for the Theory of Everything that Einstein spent the remaining years of his life searching for.
Criminal justice has traditionally been associated with the nation state, its legitimacy and its authority. The growing internationalisation of crime control raises crucial and complex questions about the future shape of justice and urban governance as these are experienced at local, national and international realms. The emergence of new international justice institutions such as the International Criminal Court, the greater movement of people and goods across national borders and the transfer of criminal justice policies between different jurisdictions all present novel challenges to criminal justice systems as well as our understandings of criminal justice. This volume of essays explores the implications and impact of criminal justice developments in an increasingly globalised world. It offers cutting-edge conceptual contributions from leading international commentators organised around the themes of international criminal justice institutions and practices; comparative penal policies; and international and comparative urban governance and crime control.
How referendums can diffuse populist tensions by putting power back into the hands of the people Propelled by the belief that government has slipped out of the hands of ordinary citizens, a surging wave of populism is destabilizing democracies around the world. As John Matsusaka reveals in Let the People Rule, this belief is based in fact. Over the past century, while democratic governments have become more efficient, they have also become more disconnected from the people they purport to represent. The solution Matsusaka advances is familiar but surprisingly underused: direct democracy, in the form of referendums. While this might seem like a dangerous idea post-Brexit, there is a great deal of evidence that, with careful design and thoughtful implementation, referendums can help bridge the growing gulf between the government and the people. Drawing on examples from around the world, Matsusaka shows how direct democracy can bring policies back in line with the will of the people (and provide other benefits, like curbing corruption). Taking lessons from failed processes like Brexit, he also describes what issues are best suited to referendums and how they should be designed, and he tackles questions that have long vexed direct democracy: can voters be trusted to choose reasonable policies, and can minority rights survive majority decisions? The result is one of the most comprehensive examinations of direct democracy to date-coupled with concrete, nonpartisan proposals for how countries can make the most of the powerful tools that referendums offer. With a crisis of representation hobbling democracies across the globe, Let the People Rule offers important new ideas about the crucial role the referendum can play in the future of government.
In the United States today, the use or possession of many drugs is a criminal offense. Can these criminal laws be justified? What are the best reasons to punish or not to punish drug users? These are the fundamental issues debated in this book by two prominent philosophers of law. Douglas Husak argues in favor of drug decriminalization, by clarifying the meaning of crucial terms, such as legalize, decriminalize, and drugs; and by identifying the standards by which alternative drug policies should be assessed. He critically examines the reasons typically offered in favor of our current approach and explains why decriminalization is preferable. Peter de Marneffe argues against drug legalization, demonstrating why drug prohibition, especially the prohibition of heroin, is necessary to protect young people from self-destructive drug use. If the empirical assumptions of this argument are sound, he reasons, drug prohibition is perfectly compatible with our rights to liberty.
Many people think human reproductive cloning should be a crime-some states have even outlawed it and Congress is working to enact a national ban. However, if reproductive cloning soon becomes a reality, it will be impossible to prevent infertile couples and others from choosing the technology, even if they have to break the law. While most books on cloning cover the advantages and disadvantages of cloning technology, Illegal Beings describes the pros and cons of laws against human reproductive cloning. Kerry Lynn Macintosh, an attorney with expertise in the area of law and technology, argues that the most common objections to cloning are false or exaggerated, inspiring laws that stigmatize human clones as subhuman and unworthy of existence. She applies the same reasoning that was used to invalidate racial segregation to show how anti-cloning laws, by reinforcing negative stereotypes, deprive human clones of their equal protection rights under the law. Her book creates a new topic within constitutional law: existential segregation, or the practice of discriminating by preventing the existence of a disfavored group or class. This comprehensive and novel work looks at how anti-cloning laws will hurt human clones in a fresh perspective on this controversial subject. Kerry Lynn Macintosh is a member of the Law and Technology faculty at Santa Clara University School of Law. She is the author of papers, articles, and book chapters on the law and technology and has contributed to the Harvard Journal of Law and Technology, Boston University Journal of Science and Technology Law, and Berkeley Technology Law Journal.
Long before the rise of Islam in the early seventh century, Arabia had come to form an integral part of the Near East. This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms. The development of the judiciary, legal reasoning and legal authority during the first century is discussed in detail as is the dramatic rise of prophetic authority, the crystallization of legal theory and the formation of the all-important legal schools. Finally the book explores the interplay between law and politics, explaining how the jurists and the ruling elite led a symbiotic existence that - seemingly paradoxically - allowed Islamic law and its application to be uniquely independent of the 'state'.
The Second International Conference on Forensic Applications and Techniques in Telecommunications, Information and Multimedia (e-Forensics 2009) took place in Adelaide, South Australia during January 19-21, 2009, at the Australian National Wine Centre, University of Adelaide. In addition to the peer-reviewed academic papers presented in this volume, the c- ference featured a significant number of plenary contributions from recognized - tional and international leaders in digital forensic investigation. Keynote speaker Andy Jones, head of security research at British Telecom, outlined the emerging challenges of investigation as new devices enter the market. These - clude the impact of solid-state memory, ultra-portable devices, and distributed storage - also known as cloud computing. The plenary session on Digital Forensics Practice included Troy O'Malley, Que- sland Police Service, who outlined the paperless case file system now in use in Que- sland, noting that efficiency and efficacy gains in using the system have now meant that police can arrive at a suspect's home before the suspect! Joseph Razik, represe- ing Patrick Perrot of the Institut de Recherche Criminelle de la Gendarmerie Nati- ale, France, summarized research activities in speech, image, video and multimedia at the IRCGN. The plenary session on The Interaction Between Technology and Law brought a legal perspective to the technological challenges of digital forensic investigation.
Conservation Policies for Agricultural Biodiversity: A Comparative Study of Laws and Policies focuses on the challenge of securing the ecological future of the planet and its inhabitants by exploring the Convention of Biological Diversity and the Nagoya Protocol on Access and Benefit Sharing and WTO laws, such as SPSS, TBT GATT. This book demonstrates how the urgent problem of biodiversity loss can be addressed by challenging notions of national self-interest and security for the purpose of implementing policies that will benefit humanity and, more importantly, ensure the future of our planet.
Equipping you with a solid understanding of legal topics, Gardner and Anderson's CRIMINAL LAW, 13th Edition, delivers comprehensive coverage of the major components of substantive criminal law in a remarkably reader-friendly presentation. A student favorite for more than 30 years, the text uses a more narrative, descriptive approach -- with fewer lengthy cases -- to expose you to the language of the law without bogging you down in legalese. You'll find compelling coverage of the issues and principles driving American criminal justice today, with a presentation that combines current concerns and cases with an accessible writing style and study system to help you build a practical understanding of complex legal topics.
International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-a-vis the domestic legal order.
In this pioneering volume, Howell addresses the extent to which fictional characters are legally recognized and protected as intellectual property. Through a judicious selection of cases chosen for their bearing on the popular arts, the author reviews the basic legal principles involved--copyright, trademark, unfair competition, and contract law--and analyzes their applications to fictional characters. In addition to tracing the evolution of the law relating to the protection of fictional characters, Howell explores the feasibility of isolating characters and protecting them via stringent copyright and/or trademark laws, addresses character merchandising and the associated legal issues, and suggests legal reforms aimed at protecting the creator. Detailed case information serves both to illustrate the legal principles and actions discussed and to stand as a model for the proprietors of future characters. Divided into two major sections, the volume begins by offering a comprehensive introduction to intellectual property law. Specific topics addressed include basic concepts of property, statutory protection of intellectual property, elements of an infringement action, defenses to copyright infringement, unfair competition, and the application of trademark principles to literary properties. In the second section, Howell analyzes the extent to which the fictional character is legally regarded as intellectual property. She reviews situations in which copyright and trademark law have been invoked to protect the creator of a fictional character, examines cases involving such well-known characters as the Lone Ranger, Superman, and the crew of the Starship Enterprise, and presents an extended analysis of the case of Tarzan. Finally, Howell considers whether right of publicity and merchandising offer additional protection for fictional characters. In the concluding chapter, she offers an analysis of copyright decisions and a proposal for their reconciliation. Both practicing attorneys and students of entertainment law will find Howell's work an important contribution to the professional literature.
This collection of original essays on the ethical and legal implications of humanitarian military intervention presents a variety of normative perspectives. It considers topics such as the just-war theory and its limits, secession and international law, and new approaches toward the moral adequacy of intervention. Written by well-known contemporary philosophers, the essays form a challenging and timely volume that will interest political philosophers and theorists, readers in law and international relations, and anyone concerned with the moral dimensions of international affairs. |
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