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Juristen, Ärzte, Pharmakologen und Apotheker finden in diesem Werk vier wesentliche Aspekte des Medizinrechts: das Arztrecht, das Arzneimittelrecht, das Recht der Medizinprodukte und das Transfusionsrecht. Die rechtliche Darstellung medizinischer, pharmazeutischer und medizintechnischer sowie transplantations- und transfusionsrechtlicher Probleme verdeutlichen Entscheidungen und praktische Fälle. Ein Blick auf ausländische Entscheidungen, Regeln und Tendenzen rundet das Bild ab. Europarechtliche Vorgaben werden eingehend beleuchtet. Die 7. Auflage setzt neue Akzente im Bereich des Transplantationsrechts, der Patientenverfügung und der Sterbebegleitung und zeigt neuere Entwicklungen in Europa im Recht der medizinischen Forschung, auch an Tieren. Wegen der genauen Gliederung und des ausführlichen Registers ist das Buch auch als Nachschlagewerk geeignet.
The Immigration Law Handbook has established itself as the gold standard in the field and has become an invaluable resource for immigration practitioners including Asylum and Immigration Tribunal judges, barristers, solicitors, and caseworkers working in immigration, asylum, and human rights law. In this new edition, all sections have been updated to reflect the various changes to the immigration rules since 2018, especially as a result of Brexit and the COVID-19 pandemic. Most notable is the inclusion of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 which made provision to end rights to free movement of people under EU law and to repeal other EU law relating to immigration. Three new Statutory Instruments set the transitional and saving provisions to which the Immigration (European Economic Area) Regulations 2016 are now subject. Four more new Statutory Instruments are also included: The Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2018 and three relating to Brexit: The Immigration (European Economic Area Nationals)(EU Exit) Order 2019; Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020; and The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020. The Immigration Rules have been subject to 22 statements of changes since the last edition, some of which are significant. This edition captures all changes in the Immigration Rules up to and including those coming into force in July 2021. The Tribunals, Courts and Enforcement Act 2007, the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum) Rules 2014 and the Tribunal Procedure (Upper Tribunal) Rules 2008 all include amendments made in response to circumstances arising as a result of the COVID-19 pandemic. The Procedure Rules and Practice Directions section has been expanded to include practice statements and brought up to date with the latest rules and guidelines. Finally, the European Materials section has been streamlined to include just the two most relevant, relating to free movement and workers' rights. Coverage of recent new legislation sits alongside existing important legislation to maintain the strengths of the handbook as a reference tool whilst providing the reader with up-to-date access to all new developments in a single volume. Useful links to online materials are provided to guide readers towards supplementary information.
Courts and judicatory institutions exercising a constitutional function are a feature of many communities nowadays. At one time, the institution of constitutional jurisdiction was a key element of political and judicial decision-making structures of only a few states, but since the Second World War and especially in the wake of the upheaval in Central and Eastern Europe after 1989 it has become very widely adopted. Where not only the procedures, but also the substance of political processes are subject to binding and final judgements, the constitutional jurisdiction develops particularly lasting and far-reaching effects: The rulings of the highest courts shape the political system and legal culture to such an extent that these courts themselves acquire the status of sovereign bodies. The legitimacy of this type of judicial review is examined in the book at hand. The study treats the subject of constitutional review as an abstract concept, brings typological order to the diverse forms of constitutional jurisdiction, conceives constitutional judgement as the institutionalised judicial reviewability of all acts of the state, and considers the valibility of constitutional jurisdiction in a constitutional democracy. The work argues that there are pragmatic reasons in favour of justifying a legal control of this kind and of ascertaining the suitability of the courts for that task. There are, however, no clear-cut principles either in favour of or against the systems of an all-embracing constitutional review. Supervision by the courts and judicatory institutions is addressed as a problem of political theory and philosophy of law. In order to follow this route, the work discusses some major theorems and topics - raised in current debates as well as deriving from the history of political ideas; likewise it offers a critical analysis of those doctrines. The issue of whether or not all state actions should be subject to judicial review is not simply a question of academic interest - its impact is a matter of concern to all citizens, not merely to experts. In view of the legal and political regimen of the European Union the problem of legitimate constitutional judgement is of prime importance. When war is being waged, man is inclined to ask himself whether only force is governing the relations between States. War, it is argued, rests on a fact, not on law, and so the existence of international law, asa body of rules applicable to the relations between States or to the relations between States and international institutions, is called into question. Is international law-both the law of peace and of war-really based on general principles of law, such as domestic law, or is it but a conception of the spirit? The problem of the significance of general principles in international law has already been examined bi; many authors, especially in relation to article 38 3 of the Statute of the Permanent Court of International Justice, which Court is to apply, apart from international conventions and custom, "the general principles of law recognized bij civilized nations. " The purpose of this study was to construct a new method of inquiry into the general principles, upon which international law is based. International law is unwritten law. Its positive rules must be sought in treaty texts, diplomatic correspondence, or decisions of interna- tional tribunals. The latter material will be especially used in this study, so as to avoid data of a rather political and subjective nature. Moreover, the international judge or arbitrator is mostly asked to 1 apply general rules of international law.
This volume offers a rare mix of interpretive chapters and primary sources that will be of value to anyone interested in learning about important disability-related issues and exploring the perspectives of disabled people. Disability has become a human rights and social justice issue that should concern all Americans. Access to safe, affordable, and effective health care, access to safe and affordable housing, access to reliable and efficient public transportation, and the ability to work and participate freely in the community are central to disability justice movements. Unlike encyclopedias or biographical dictionaries that only offer brief accounts of key topics, people, events, and organizations, Disability: A Reference Handbook provides important interpretive and analytical frameworks and meaningful primary evidence. The book opens with a chapter dedicated to the history of disability in the United States, placing 21st-century issues and concerns within their contexts. The next chapter explores important controversies and questions related to disability. The third chapter brings diverse voices to the topic, and the fourth chapter offers valuable profiles of key people and organizations. The remaining chapters provide valuable reference tools that will help readers to explore topics in more depth and to engage in independent research.
A History of Securities Law and the Supreme Court explores how the Supreme Court has made (and remade) securities law. It covers the history of the federal securities laws from their inception during the Great Depression, relying on the justices' conference notes, internal memoranda, and correspondence to shed light on how they came to their decisions and drafted their opinions. That history can be divided into five periods that parallel and illustrate key trends of the Court's jurisprudence more generally. The first saw the administration of Franklin Delano Roosevelt—aided by his filling eight seats on the Court-triumph in its efforts to enact the securities laws and establish their constitutional legitimacy. This brought an end to the Court's long-standing hostility to the regulation of business. The arrival of Roosevelt's justices, all committed to social control of finance, ushered in an era of deference to the SEC's expertise that lasted through the 1940s and 1950s. The 1960s brought an era of judicial activism-and further expansion—by the Warren Court, with purpose taking precedence over text in statutory interpretation. The arrival of Lewis F. Powell, Jr. in 1972 brought a sharp reversal. Powell's leadership of the Court in securities law produced a counter-revolution in the field and an end to the SEC's long winning streak at the Court. Powell's retirement in 1987 marked the beginning of the final period of this study. In the absence of ideological consensus or strong leadership, the Court's securities jurisprudence meandered, taking a random walk between expansive and restrictive decisions.
The knowledge economy requires life-long learning. It means that those people who are able learn effectively and efficiently will have a distinct advantage over those who are struggling to deal with learning material. Effective study techniques are applicable in all walks of life. This title will introduce you to the skills and inhabits that will help you to reach your true poterial in your studies and in your worklife.
This book considers the process of legal modernization in Russia from the development of the mechanism of complaints addressed to the authorities from the pre-revolutionary period to today. It analyzes wide-ranging data and sources, collected over 17 years, such as legislation, in-depth interviews, archival materials, original texts, and examples of different methods of complaints in Soviet and contemporary Russia. Being marginal to the legal system and almost invisible for researchers of legal development, the complaint mechanism has functioned as an extremely important way of restoring justice, available to the majority of people in Russia for centuries. It has survived several historical gaps and, in a sense, acts as a thread that stitches together different eras, coexisting with the establishment and modernization of legal institutions, compensating, accompanying, and sometimes substituting for them. The research covers a period of over 100 years, and shows how and why at major historical crossroads, Russia chooses between full-fledged legal modernization and saving the authoritarian social contract between the state and society. This book will be especially useful to scholars researching Soviet society and Post-Soviet transformations, socio-legal studies, and liberal legal reforms, but will also appeal to those working in the broader fields of Russian politics, the history of Soviet society and justice issues more generally.
Investigating the unsolved murder of a female law student and the pervasive violence against Guatemalan women that drives migration. Part memoir and part forensic investigation, Textures of Terror is a gripping first-person story of women, violence, and migration out of Guatemala—and how the United States is implicated. Accompanying Jorge Velásquez in a years-long search for answers after the brutal murder of his daughter Claudina Isabel, Victoria Sanford explores what it means to seek justice in "postconflict" countries where violence never ended. Through this father's determined struggle and other stories of justice denied, Textures of Terror offers a deeper understanding of US policies in Latin America and their ripple effect on migration. Sanford offers an up-close appraisal of the inner workings of the Guatemalan criminal justice system and how it maintains inequality, patriarchy, and impunity. Presenting the stories of other women who have suffered at the hands of strangers, intimate partners, and the security forces, this work reveals the deeply gendered nature of power and violence in Guatemala.
The insolvency law is one of the core components of the comprehensive body of legislation that ensures the confidence of the legal community in a legal system. It regulates the conditions of widespread debtor liability and at the same time defines the framework within which creditors can expect their rights to be preserved through a reorganization and recapitalization of the indebted company. The actual effect of the insolvency law does not end at a country's borders. Insolvency proceedings are structured according to the right to have universally applicable validity. Joint legislation on cross-border insolvency proceedings is now in effect in the form of intrastate legislation in almost all member states of the European Union. This shared European legislation is impacting intrastate reform processes and influencing the insolvency legislation. Furthermore, the intrastate legislation is being influenced by the UNCITRAL-Model law. Academic debate is increasingly concerned with the convergence movement that has been triggered as a result. Practical applications require legal dogmatic clarification of the increasingly complex regulations of insolvency legislation, and information on structures and problems of foreign European and extra-European insolvency laws, as well as and in particular with regard to its interaction with German laws. The DZWIR publication series is a forum of these discussions. It is being published as a series of monographic examinations of fundamental questions on German, European and international insolvency legislation. As such, this series contributes to the legal dogmatic clarification of disputes as well as to the promotion of European integration of national insolvency legislation.
Die in diesem Band zusammengefassten Beitrage behandeln einige zentrale Fragen des internationalen Zivilprozessrechts. Sie sind zum grossen Teil in den letzten 20 Jahren in Festschriften und juristischen Zeitschriften veroeffentlicht worden. Alle Beitrage sind uberarbeitet, aktualisiert, Literatur und Rechtsprechung sind auf den aktuellen Stand gebracht, zwischenzeitliche Gesetzesanderungen sind berucksichtigt worden.
Designed to be a step-by-step guide to isiZulu, this guide is aimed at the layman and student of comparative languages and contains a detailed list of vocabulary and covers aspects of grammar. English and Afrikaans translations are provided throughout. Previously, African languages were not afforded the same status in South Africa as English and Afrikaans. Now, however they are included in the 11 official languages. Every chapter begins with an orientation to help the learner. The pictorial vocabulary in the first chapter enables easy reference and visual associations.
African Soul Talk came about as the result of Sunday email conversations between Dumani Mandela and Rabbi Warren Goldstein. This unlikely duo debates what it means to be South African and to live with dignity and integrity in a country filled with contradictions. Their upbeat discussions - and often-conflicting opinions - result in spirited exchanges about politics, culture, religion and nation building, and are interspersed with personal anecdotes and day-to-day events in their lives. Like the old Clem Sunter books, African Soul Talk examines our South African-ness and suggests how we can understand the future in these uncertain times. Together, Dumani and Warren have suggested a moral code according to which citizens can build South Africa with faith and confidence. This is a unique dialogue between two young South Africans from very different walks of life, and reflects the hope and optimism they hold for the future of all South Africans.
Shattered Justice presents original crime victims' experiences with violent crime, investigations and trials, and later exonerations in their cases. Using in-depth interviews with 21 crime victims across the United States, Cook reveals how homicide victims’ family members and rape survivors describe the painful impact of the primary trauma, the secondary trauma of the investigations and trials, and then the tertiary trauma associated with wrongful convictions and exonerations. Important lessons and analyses are shared related to grief and loss, and healing and repair. Using restorative justice practices to develop and deliver healing retreats for survivors also expands the practice of restorative justice. Finally, policy reforms aimed at preventing, mitigating, and repairing the harms of wrongful convictions is covered.
The story is set in Natal at the turn of the 20th century , when Sita and her family arrive from India to build a new life in South Africa, not suspecting what lies in store for them. Working as indentured labourers on a sugar-cane plantation, life is hard – but for Sita, it is also filled with the joys of growing up, first love and the dawning of passion. Defying tradition, the young girl becomes enmeshed in a forbidden love affair with Albert, the English brother-in-law of the estate owner. Unwillingly at first, Sita is forced into a marriage of her parents' choosing – but her secret passion never dies… Years later, when she has settled into marriage and motherhood, Albert returns, and Sita must grapple with her feelings again. The Heart Has No Colour also delves into the criminal underworld of turn-of-the-century Durban. Entwined in Sita's story is the tale of Gopi, her older brother, who comes to ruin in the seedy gambling dens of the big city. Sita's large, loving, emotional family is portrayed in intimate detail. The story traces their fortunes and misfortunes into the next generation, when Geeta and Sita's children grow to adulthood, and each in their own way reaps the consequences of their parents' actions.
The Right to be Parents is the first book to provide a detailed history of how LGBT parents have turned to the courts to protect and defend their relationships with their children. Carlos A. Ball chronicles the stories of LGBT parents who, in seeking to gain legal recognition of and protection for their relationships with their children, have fundamentally changed how American law defines and regulates parenthood. To this day, some courts are still not able to look beyond sexual orientation and gender identity in cases involving LGBT parents and their children. Yet on the whole, Ball’s stories are of progress and transformation: as a result of these pioneering LGBT parent litigants, the law is increasingly recognizing the wide diversity in American familial structures.
What are the facts about psychiatric malpractice? Is it increasing? If so, how rapidly? What areas of psychiatric practice pose higher risks of legal liability? The anxieties and uncertainties created by the increased threat of being sued for malpractice can interfere with the psychiatrist's provision of good clinical care. Through a general overview--as well as a discussion of specific legal cases--this volume presents the major malpractice traps encountered in everyday psychiatric practice.
UEberarbeitete und erweiterte Fassung eines Vortrages, gehalten vor der Juristischen Gesellschaft zu Berlin am 12. Januar 2005, zu der Frage nach dem Sinn einer Entwicklungsgeschichte des geltenden Verfassungs- und Verwaltungsrechts. |
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