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Books > Law > Other areas of law > Law as it applies to other professions
Die arbeidswetgewing wat betrekking het op die onderwysomgewing is omvattend en dek 'n groot verskeidenheid aspekte waarmee almal binne hierdie omgewing op een of ander stadium te doen kry. Waar daar in die verlede moontlik 'n vae begrip van veral wette en regulasies ten opsigte van diensvoorwaardes by meeste werknemers in die onderwys teenwoordig was, is dit nou onontbeerlik om 'n basiese begrip van alle relevante wetgewing en regulasies wat van toepassing is, te he. Veral onderwysers kan hulle in die spreekwoordelike mynveld bevind indien hulle nie seker maak dat hulle oor die basiese kennis van onderwysreg beskik nie. Dit word gestaaf deur die talle hofsake, dispute, mediasie, dissiplinere verhore en die dikwels onaangename implikasies daarvan vir indiwidue (en hul gesinne) wat voortspruit uit aanklagte teen oortreders in alle sektore van die onderwys. Wetswysigings na aanleiding van veranderde omstandighede binne die onderwys, lei tot die behoefte om voortdurend op die hoogte van die implikasies en toepassing daarvan te wees. Hierdie dringende behoefte geld nie alleen vir skoolhoofde nie, maar vir elkeen betrokke by onderwys. Aan die een kant berus die korrekte toepassing en implementering by die beheerliggaam en die hoof van 'n inrigting, maar aan die anderkant raak dit die mense wat daar werksaam is. Die skrywers van hierdie boek het nie alleen 'n deeglike besef van hierdie noodsaaklike behoefte nie, hulle spreek dit ook baie effektief aan deur middel van hulle uiters waardevolle ervaring. Hierdie ervaring spruit voort uit praktiese betrokkenheid by die onderwys asook deeglike navorsing op die terrein van onderwysreg. Kennis van al die aspekte wat in hierdie boek aangespreek word, verbeter ongetwyfeld die kwaliteit van die onderrig- en leerproses in die klaskamer - 'n broodnodige doelwit om na te streef. Dit skep ook 'n veiliger omgewing waarbinne elkeen funksioneer. Persoonlik is ek baie dankbaar vir die bydrae wat deur middel van hierdie handige handleiding gemaak word tot die uiteindelike kwaliteit van onderwys in Suid Afrika. Dr. Jopie Breed President: SAOU
The crisis of distribution is one of the longest standing and complicated issues facing human society. Imbued with social, political, historic, and cultural elements, it varies significantly across different countries as a result of all these factors. As an emerging economy which transferred from a planned to a market economy, China has experienced large distribution gaps since it implemented the Reform and Opening-up Policy in the early 1980s, requiring stronger economic law to mitigate and regulate the crisis of distribution. The two volumes examine the crisis of distribution that China faces and proposes policy and economic law methods that can be used to overcome the distribution dilemma. The author discusses the four main concepts and focus points of the crisis of distribution - distribution itself, the crises it faces, the rule of law and development before proposing a theoretical framework of "system-distribution-development" to resolve distribution problems that China faces. The book should be of keen interest to researchers and students of law, economics, and political science.
A core function of social work is to assist, empower, and protect the most vulnerable in society. Social workers make difficult decisions in complex and challenging situations every day. They work in organizations that have clear statutory duties. Therefore, it is essential that social work students know what their responsibilities are. Familiarity with law, legislation, and legal processes is consequently fundamental to sound social work practice. This best-selling book helps social work students gain this foothold in understanding law as it applies to social work practice. It avoids complicated legal jargon remote from the everyday realities of practice, offering instead a grounding in legally-appropriate, rights-based social work. It covers the full range of social work law, including services for children and families and child protection, adult care law, youth justice, court work, professional regulation, and human rights.
On publication of the previous edition of Computers and the Law, developments such as the Internet and electronic commerce were as yet unthought of. The second edition strives to bring the reader up to date with such developments. It also attempts to gauge the law's reaction, or lack of it, to these developments.
"No doctor, however great his capacity or original his ideas, has the right to choose martyrs for science or for the general good." Human Guinea Pigs: Experimentation on Man.Whistle-blowers tend not to be very popular. Maurice Pappworth's whistle was in the form of Human Guinea Pigs, the controversial book published in 1967 which examined unethical medical experimentation on humans and identified the researchers and institutions responsible. The ground-breaking text took the medical establishment by storm and provoked questions in Parliament. Brilliant, Jewish, already an outsider, Pappworth was recognised as the best medical teacher in the country. But convinced that the reason for these experiments being carried out was purely to advance the careers of ambitious practitioners, Pappworth had to speak up. In the wake of his expose, stricter codes of practice for human experimentation were put into place and the establishment of the research ethics committees was formed, which remains in place today. Maurice Pappworth's daughter, the late Joanna Seldon, re-assesses the importance of Human Guinea Pigs in her book Whistle-blower: The Life of Maurice Pappworth. She considers her father's text a major milestone in the development of current medical research ethics and demands a re-evaluation of the pioneering medical ethicist who compromised his own career in order to ensure the protection of the patient.
Architect's Legal Handbook is the most widely used reference on the law for architects in practice, and the established leading textbook on law for architectural students. The ninth edition includes all the latest development in the law that affect an architect's work, and comprehensive coverage of relevant UK law topics. Most significantly, the chapter on the JCT contracts has been completely revised to cover the 2005 update. Key features of this edition are: contributions by the foremost legal and architectural experts in the UK full coverage of the JCT 2005 update new chapter on procurement selected bibliography provides useful references to further reading tables of cases, statutes and statutory instruments provide full referencing for cited cases. Architect's Legal Handbook is the essential legal reference work for all architects and students of architecture.
Methodologies and legislative frameworks regarding the archaeological excavation, retrieval, analysis, curation and potential reburial of human skeletal remains differ throughout the world. As work forces have become increasingly mobile and international research collaborations are steadily increasing, the need for a more comprehensive understanding of different national research traditions, methodologies and legislative structures within the academic and commercial sector of physical anthropology has arisen. The Routledge Handbook of Archaeological Human Remains and Legislation provides comprehensive information on the excavation of archaeological human remains and the law through 62 individual country contributions from Europe, Asia, Africa, North America, South America and Australasia. More specifically, the volume discusses the following: What is the current situation (including a brief history) of physical anthropology in the country? What happens on discovering human remains (who is notified, etc.)? What is the current legislation regarding the excavation of archaeological human skeletal remains? Is a license needed to excavate human remains? Is there any specific legislation regarding excavation in churchyards? Any specific legislation regarding war graves? Are physical anthropologists involved in the excavation process? Where is the cut-off point between forensic and archaeological human remains (e.g. 100 years, 50 years, 25 years...)? Can human remains be transported abroad for research purposes? What methods of anthropological analysis are mostly used in the country? Are there any methods created in that country which are population-specific? Are there particular ethical issues that need to be considered when excavating human remains, such as religious groups or tribal groups? In addition, an overview of landmark anthropological studies and important collections are provided where appropriate. The entries are contained by an introductory chapter by the editors which establish the objectives and structure of the book, setting it within a wider archaeological framework, and a conclusion which explores the current European and world-wide trends and perspectives in the study of archaeological human remains. The Routledge Handbook of Archaeological Human Remains and Legislation makes a timely, much-needed contribution to the field of physical anthropology and is unique as it combines information on the excavation of human remains and the legislation that guides it, alongside information on the current state of physical anthropology across several continents. It is an indispensible tool for archaeologists involved in the excavation of human remains around the world.
* Bridges the disciplines of litigation and neuropsychology in a modern UK context. * Conveys the complexity and huge amount of research data into an accessible medicolegal based neuropsychology text with relevance for both lawyers and psychologists. * A scientifically oriented exploration based on real-life case examples
This thoroughly updated third edition lays a solid foundation for understanding the intersection of law, ethics and the rights of the patient in the context of everyday nursing and health care practice. Outlining the key legal and ethical principles relevant to nurses, Essential Law and Ethics In Nursing: Patients, Rights and Decision-Making, previously entitled Patients' Rights: Law and Ethics for Nurses, uses an easy-to-read style that conveys key principles in an accessible way. It: provides a clear understanding not only of basic legal provisions in health care but also of wider issues relating to human rights; covers topics such as ethical decision-making, the regulation of nursing, confidentiality, laws concerning human rights, safe practice, vulnerable people, elder abuse and employment regulations; and includes thinking points, case studies and relevant case law to help link theory with practice. This is essential reading for nurses and an important reference for midwives and allied health professionals.
The increased accountability of teachers has meant that actions on negligence are a reality. This is a comprehensive guide to all aspects of the law for teachers, covering everything from the employment relationship to lesson content and discipline.
This collection critically explores the use of financial technology (FinTech) and artificial intelligence (AI) in the financial sector and discusses effective regulation and the prevention of crime. Focusing on crypto-assets, InsureTech and the digitisation of financial dispute resolution, the book examines the strategic and ethical aspects of incorporating AI into the financial sector. The volume adopts a comparative legal approach to: critically evaluate the strategic and ethical benefits and challenges of AI in the financial sector; critically analyse the role, values and challenges of FinTech in society; make recommendations on protecting vulnerable customers without restricting financial innovation; and to make recommendations on effective regulation and prevention of crime in these areas. The book will be of interest to teachers and students of banking and financial regulation related modules, researchers in computer science, corporate governance, and business and economics. It will also be a valuable resource for policy makers including government departments, law enforcement agencies, financial regulatory agencies, people employed within the financial services sector, and professional services such as law, and technology.
The forms of tender, agreement, conditions and bond published by the Institution of Civil Engineers have been designed to standardise the duties of contractors, employers and engineers and to distribute fairly the risks inherent in civil engineering. This classic guide to the contracts provides and authoritative reference, and also a rich and practical introduction to the principles of construction law.
First published in 1998, this volume contains essays from leading thinkers on both sides of the Atlantic on the relationship between law and science. Science plays an ever-increasing part in the development of legislation and the adjudication of cases. Its limitations and its value are explored in these essays which discuss issues of methodology and of evidence. Amongst areas covered are silicone breast implants, the rape trauma syndrome, the environment, inventions and Bayesianism.
Expands the field by approaching the issue using a qualitative methodology; Presents a compliance perspective within the legal sector; Draws upon responses from a section of the legal profession that can be extremely hard to access for research purposes; Provides international comparisons throughout.
Methodologies and Challenges in Forensic Linguistic Casework Discover more about Forensic Linguistics, a fascinating cross-disciplinary field from an international team of renowned contributors Methodologies and Challenges in Forensic Linguistic Casework provides an overview of the range of forensic linguistic casework typically found in investigative and judicial contexts. In these case studies, the authors demonstrate how linguistic theory is applied in real-life forensic situations and the constraints and challenges they have to deal with. Drawing on linguistic expertise from the USA and Europe involving casework in English, Spanish, Danish and Portuguese, our contributing practitioners exemplify the most common types of text analysis such as identifying faked texts, suspect profiling, analyzing texts whose authorship is questioned, and giving expert opinions on meaning and understanding. Methodologies and Challenges in Forensic Linguistic Casework is designed for investigators and legal practitioners interested in the use of language analysis for investigative or evidentiary purposes, as well as for students and researchers wanting to understand how linguistic theory and analysis may be applied to solving real-life forensic problems using current best practice.
Taking on risk is simply a part of business. But new developments in technology and communication make risk management simpler and more effective than ever before. Using examples from companies such as Home Depot, Airbus, Boeing, and Nokia, author John Hampton takes a fresh look at one of the hottest topics in business today: weighing business opportunities against the possibilities of loss. Fundamentals of Enterprise Risk Management does this by introducing innovative new concepts such as hierarchical risk structures, alignment of risks with the business model, creation of a central risk function, and the role of an ERM knowledge warehouse. Readers will learn how to recognize both internal and external exposures; understand important concepts such as risk mapping and risk identification; recognize the weaknesses of current ERM systems; align risk opportunities with their organization's business model; and stay in line with Sarbanes-Oxley compliance. Featuring enlightening case studies and practical exercises, this essential book shows readers how they can implement ERM the right way to experience unapparelled successes at their organizations.
Most employers will at some time need to monitor, record and read e-mails sent and received by their staff, or check on their employees' use of the telephone and internet, or access business correspondence received at work but addressed to a member of staff. There may also be clear cases where covert surveillance either by video camera or private investigators is considered as a means to collect evidence of criminal activity on site. The law in this area is complex and, in some cases, contradictory. Gillian Howard aims to set out the law clearly and give practical guidance, both to employers as to their legal rights, and to employees as to what safeguards to their privacy the law gives them. She provides precedents and useful examples of policies and procedures for monitoring employees at work. Vetting staff before taking them into employment can be equally fraught with legal issues. The Data Protection Act 1998 requires employers to obtain explicit consent from an employee before seeking and using certain sensitive information. This book gives guidance in this difficult area of employment law with practical advice, precedents and policies, and details of legal interpretations of the law by the Courts and Employment Tribunals.
* Bridges the disciplines of litigation and neuropsychology in a modern UK context. * Conveys the complexity and huge amount of research data into an accessible medicolegal based neuropsychology text with relevance for both lawyers and psychologists. * A scientifically oriented exploration based on real-life case examples
Business Negotiations and the Law: The Protection of Weak Professional Parties in Standard Form Contracting aims to explore the issues surrounding contract negotiations between entrepreneurs and other professionals when one of the parties does not have the same level of bargaining power as the other. The need to protect weaker parties from unfair contract terms exists not only in relationships between businesses and consumers, but in business to business contracts also. This book focuses on the problem of small enterprises, independent contractors and other professional weak parties and examines these from a European point of view. There are significant differences between Member States as to decisions regarding regulatory context on the protection of weaker professional parties in asymmetrical contractual situations. However, European businesses are overwhelmingly smaller in size, so protecting weaker parties becomes key in facilitating successful and efficient negotiations. The book provides a critical and comparative overview of the area and recent regulatory developments, both to clarify the direction that European legislation is heading, and to explore the tools needed to assure the effectiveness of the common market. This text will be of interest to policy makers, researchers of European legislation, and students of commercial and business law.
Many workers in medicine, healthcare administration, science, and technology, no matter how strong their academic degrees or how distinguished their careers, find themselves baffled, frustrated, and even angered by their encounters with the law. Some of those occasions may lead to the need for a lawyer. But many of the bafflements and frustrations arise from ignorance about what the law is, including how it operates. Over more than a half century of inquiry into the relations between law and science, and through numerous conversations with physicians, scientists, and healthcare professionals whose work rests on technological development, the author realized that they often desire more knowledge about the operations of the law and the legal system. This book seeks to provide basic knowledge about the law in realms where these professionals often encounter it, primarily in areas where activities pose risks of personal injury. This book discusses two basic types of law: civil litigation and other remedies afforded to persons who ascribe injuries to the conduct or product of others, and direct regulation by the government of the levels of safety in those areas. Principal practical applications of this knowledge lie in ways to minimize risk, both in the primary sense and in efforts to avoid litigation over injuries, and in how to present arguments about policy to government officials who write laws and regulations.
Written especially for professional artists and those studying the visual arts, Law for Artists is an accessible guide to those aspects of law that impact on artists and their work. It encompasses a comprehensive range of creative practices including fine art, photography, the graphic and plastic arts, animation, illustration, applied and media arts, as well as fashion, textile and product design. As one of the few academics working in this field Blu Tirohl clearly explains the legal principles - such as intellectual property, censorship, freedom of expression and criminal law - that are relevant to artists working in a range of disciplines. In order to illustrate these key concepts the book includes an engaging collection of examples of artists who have come into conflict with the law, demonstrating precisely the challenges faced by creative practitioners. The author also explores how the establishment co-opts transgressive artists; bringing about a range of contradictions that create legal inconsistencies. While the focus is primarily on UK law, the reader is also given ample information to understand how European law affects them. An entire chapter is also dedicated to the comparative study of US Law through well-known cases, ensuring students have a well-rounded knowledge of the concepts that they need to consider in a professional context. The book also provides additional resources including a list of useful websites, a glossary of key terms, as well as a list of statutes and cases. Law for Artists is an invaluable resource to professional practitioners and art graduates, as well as the academics who instruct them. This insightful publication, the first of its kind, helps introduce artists to the professional practice skills needed to ensure they are well-equipped to deal with working life. |
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