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Books > Law > Other areas of law > Law as it applies to other professions
Managing the Entrepreneurial University is essential reading for both higher education administrators and those studying to enter the field. As universities have become more market focused, they have changed dramatically. But has the law kept up? This book explains fundamental legal concepts in clear, non-technical language and grounds them in practical management situations, indicating where doctrines and standards have evolved, identifying where legal difficulties may be more likely to arise, and suggesting where change may be merited. In its chapters on process, discrimination, employment, students, and regulation, the book: Provides lively case studies applicable to every type of institution Includes a simulation exercise at the end of each chapter for use in teaching or training Draws on an over 550-source bibliography A hypothetical case spans each chapter, addressing not only research universities and elite liberal arts colleges, but also community colleges, small private colleges, and regional comprehensive universities. Readers working across functional areas and at various institution types will find the book directly relevant in clarifying and deepening their understanding of the legal environment associated with their responsibilities within the entrepreneurial university.
The central theme of this volume is the political economy of early state societies: the ways in which the income of the central government of such systems was collected and spent. The work contains descriptive as well as narrative and commemorative essays. Contributions present data on early states as diverse as the Interlacustrine states of East Africa, the Sudanic states of West Africa, prehistoric Cahokia in the Mississippi Valley, Aztec Mexico, the Classical Maya, eighteenth-century Nepal, and Polynesian, Tahitian, and Mayan case studies. At the theoretical end of the spectrum, the book offers a general discussion of the concept of political economy; modes of production in antiquity, and the editors themselves offer an overview of early state organizational forms. With the data of the contributions to this volume, such theoretical viewpoints are evaluated. The conclusion is that inherited approaches fall far short of explaining the political economies of early states. The editors of this volume maintain that much thinking on this issue of the early state is off-base because it is confined to the study of redistribution. They hold that a prestige goods system is probably as important, while in some cases, the key factor to look at is tribute or taxation. Likewise, the system of gift giving, often viewed as ancillary, should be considered central to the performance of the ancient states. In short, political economy is rooted in the stages of social growth. Nearly all contributors agree that simple evolutionary generalizations can no longer be applied to specific cases without considerable modification, and in this undertaking formalist and Marxist canons alike need to be invoked for a deeper understanding of the actual operations of the state in earlier societies.
Providing another key contribution to the immensely popular field of law and economics, this book, written by the doyen of the history of economic thought in the US, explores the dynamic relationship between economics, law and polity. Combining a selection of old and new essays by Warren J. Samuels that chart a number of key themes, it provides an important commentary on the development of an academic field and demonstrates how policy is structured and manipulated by human social construction. The areas covered include: the role of manufactured belief power the nature and sources of rights the construction of markets by firms and governments and the problem of continuity and change in the form of the question of the selectively defined status quo and its status the absolutist character of government, rights, markets and legal principles and the accepted ideational structure of law. The Legal-Economic Nexus is an essential read both economists and legal professionals as well as those researching the history of economic thought and the social construction of 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.
Providing another key contribution to the immensely popular field of law and economics, this book, written by the doyen of the history of economic thought in the US, explores the dynamic relationship between economics, law and polity. Combining a selection of old and new essays by Warren J. Samuels that chart a number of key themes, it provides an important commentary on the development of an academic field and demonstrates how policy is structured and manipulated by human social construction. The areas covered include:
The Legal-Economic Nexus is an essential read both economists and legal professionals as well as those researching the history of economic thought and the social construction of law.
The authors critically review memory research, trauma treatment, and legal cases pertaining to the false memory controversy. They discuss current memory science and research with both children and adults, pointing out where findings are and are not generalizable to trauma memories recovered in psychotherapy. The main issues in the recovered memory debate are covered, as well as research on emotion and memory, autobiographical memory, flashbulb memory, memory for trauma, and types of suggestions, such as misinformation suggestions, social persuasion, interrogatory suggestions, and brainwashing. Research on the reliability of memories recovered in hypnosis is reviewed and guidelines for using hypnosis with patients reporting no, partial, or full memory of having been sexually abused are outlined. The authors review the development and current practice of phase-oriented trauma treatment and present a standard of care that is effective and ethical. Their exploration of memory in the legal context includes a review of malpractice liability and current malpractice cases for allegedly implanting false memories in therapy, as well as the evolving law around legal actions by people who have recovered memories and around hypnosis and memory recovery. This is an essential reference on memory for all clinicians, researchers, attorneys, and judges.
The Clash of Medical Evidence and the Law in the Breast Implant Case "An accessible, passionate indictment of the ignorance, opportunism and social indifference that enriched lawyers and a few plaintiffs, though the available scientific evidence was against them." —New York Times Book Review Notable Books of 1996
Raising Capital for Your Company or Your Real Estate Acquisition? Russell Weigel has been practicing securities law since 1990. For more than ten of these years he was an attorney for the Securities & Exchange Commission. Since 2001, he has been in private practice counseling public and private capital raisers and defending the securities industry and corporate executives from SEC and FINRA enforcement matters. Russell Weigel opens your eyes to the risks of raising capital but shows you a path to minimize these risks. Whether private or public, companies raising capital the wrong way and not properly planning for unforeseen events can result in substantial loss. Capital for Keeps is designed to save the entrepreneur thousands of dollars in legal fees by educating them on their options and the standards of conduct expected of them to stay away from the courthouse.
First published in 1992, the purpose of this book is to identify and describe the most important factors that must be considered in making decisions about the optimal ways to provide access to information - in short the best way to use the humans, the machines, and the intangible resources known as information, particularly at the organizational level. In recent years executives have begun to outsource computing and telecommunications functions primarily to control costs. Traditional libraries and information centres have been disbanded in favour of service contracts or outright leasing of staff. Both the private and public sector are examining their information service operations from the point of view of cost effectiveness. Decisions about owning versus leasing of information are being made daily. Decision makers are finding that they must deal differently with funding and budgeting of information systems and libraries than they have in the past. New paradigms for these service functions already exist. Not only have corporations and governments begun to contract out entire information service operations, but libraries themselves have begun to consider the costs, effectiveness, and implications of outsourcing some of their operations and services. This book provides a framework for decision-makers to view and review information services within their organizations. Entire units, components of libraries and information centres are defined and untangled so that the widest variety of organizations can analyse their own environments. Although there is a minimal use of library and computing jargon, a short glossary at the end explains terms for which there is no simple English language substitute. Each chapter is accompanied by comments from a broad range of experts in the information field.
Thirty years ago, English jurist Patrick Devlin wrote: "Is it not a pleasant tribute to the medical profession that by and large it has been able to manage its relations with its patients ... without the aid of lawyers and law makers." Medical interventions at the beginnings and the endings of life have rendered that assessment dated if not defeated. This book picks up some of the most important of those developments and reflects on the legal and social consequences of this metamorphosis over the past ten years, and will be of interest to students of law, sociology and ethics who want a considered and critical introduction to, and reflection on, key issues in these pivotal moments of human life.
This book provides a comparative and accessible analysis of key areas of healthcare law, comparing English law with selected common and civil law jurisdictions within a framework of law and medical ethics, and encompassing pivotal cases, codes and legislation. The introduction examines medical decision making, and legal and ethical frameworks in Western and non-Western cultures. Part I examines healthcare law in England and Wales, including abortion, consent, confidentiality, children, euthanasia, persistent vegetative state patients, organ transplantation, sterilisation of the mentally incapacitated, surrogacy, UK cloning proposals and the landmark conjoined twins case. Part II covers non-English common law jurisdictions such as Australia, New Zealand, Ireland and certain American jurisdictions. Civil law examples focus on France and Germany, and, where appropriate, Scandinavian countries. International perspectives on abortion laws and euthanasia are also provided. The book concludes with a comparative overview, which highlights common healthcare themes across various jurisdictions. Comparative Healthcare Law brings together information never previously accessible within the covers of one volume, making this unique book indispensable for scholars and practitioners in the field of healthcare law.
Aviation law, with its associated flight rules and procedures, has always been a difficult subject for students and this well established text has provided an authoritative guide to the subject. Now, with the introduction of the Joint Airworthiness Requirements Flight Crew Licensing (JAR - FCL) examinations, it has been completely rewritten to cover the new syllabuses and to take account of the new FCL style of examinations. The opportunity has been taken to simplify presentation of information, with more checklists to aid revision work. Tests are included which are cross referenced to the pages containing the relevant text.
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.
This comparative international review of law and practice liability
describes the framework in which lawyers, insurers, contractors and
clients dealing with liability operate. The act of building
involves risk and, in the case of damages occurring after
construction, it is often hard to identify responsibility.
This text examines liability issues and discusses disputes involving some of the most famous people and events in sports history. Lawyers unfamiliar with sports law could appreciate this book, as well as scholars in other fields, as it also serves as a legal primer and survey of cases and issues.
All serious environmental threats are now international in scope and more than one thousand international environmental agreements already exist. Yet the prospects for international cooperation leading to the management of impacts on the planet remain grim. The Global Environment meets the need for an authoritative assessment of the state of international environmental institutions, laws and policies at the end of the 20th century. The book examines disagreements over the meaning of sustainable development, problems inherent in implementing environmental policies and the conflict over the exclusion of developing countries from the Kyoto Protocol. It discusses the profound trade-offs that may be required, the role of international financial interests in promoting incompatible forms of development and analyses international environmental institutions, law and policy and sustainable development.
All serious environmental threats are now international in scope and more than one thousand international environmental agreements already exist. Yet the prospects for international cooperation leading to the management of impacts on the planet remain grim. The Global Environment meets the need for an authoritative assessment of the state of international environmental institutions, laws and policies at the end of the 20th century. The book examines disagreements over the meaning of sustainable development, problems inherent in implementing environmental policies and the conflict over the exclusion of developing countries from the Kyoto Protocol. It discusses the profound trade-offs that may be required, the role of international financial interests in promoting incompatible forms of development and analyses international environmental institutions, law and policy and sustainable development.
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.
Focus on Current Legal Concerns
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.
This is the first book designed to assist behavioral scientists in
the preparation of scholarly or applied research regarding
deceptive advertising which will ultimately affect public policy in
this area. Because there was an inadequate foundation upon which to
build a program of research for this topic, a three-part solution
has been devised:
Dynamic risk factors are the children of risk prediction. They were identified to help practitioners assess risk of recidivism and to set treatment targets likely to reduce reoffending. This resulted in the development of intervention programs designed to modify the characteristics of individuals and their environments associated with crime. The predictive nature of their legacy lies in their ability to provide reliable information about the likelihood of future reoffending. In this respect, dynamic risk factors are useful complements to static risk factors such as age, gender, and history of offending, and add incremental validity to recidivism prediction. Their treatment utility resides in the fact that practitioners increasingly rely on the identification of dynamic risk factors to direct correctional assessment and interventions. Thus, dynamic risk factors have a dual status. They are both useful predictors of reoffending and measures of risk status, and potential causes of reoffending, capable of serving an explanatory role as well as a predictive one. It is a simple and powerful conceptualization that has streamlined forensic and correctional research, program development, and the delivery of treatment. Despite its conceptual elegance we believe that the dual conceptualization of dynamic risk factors is problematic and these difficulties spill over into their role in assessment, assessment, treatment, and desistance contexts. In this publication, the nature and function of dynamic risk factors are investigated and their strengths and limitations identified. This book was originally published as a special issue of Psychology, Crime and Law.
A resource for healthcare professionals in beginning, improving, or successfully marketing a career as an expert witness, Becoming an Expert Witness in Healthcare and Litigation: A Beginner's Guide provides fundamental information on the legal process and practical advice for readers across various fields of medicine and allied health. The book draws on the authors' experiences as both expert witnesses and litigation experts who have trained hundreds of nurses, physicians, and healthcare professionals. Covering topics like the fundamentals of litigation and the legal process and trial preparation, Becoming an Expert Witness in Healthcare and Litigation explores the basic principles of being an expert witness while offering practical advice that will enable expert witnesses and attorneys to maximize their effectiveness. Topics covered include: *Roles and expectations of key players *Courtroom presentation *Depositions and trials *Moral issues *Writing for the court *Business of expert witnessing *Ethical marketing Also included in Becoming an Expert Witness in Healthcare and Litigation: *Checklists *Example expert witness forms like fee structures, engagement letters, and more *A comprehensive glossary of industry terms Those looking to break into the field and seasoned expert witnesses alike will find that Becoming an Expert Witness in Healthcare and Litigation: A Beginner's Guide offers valuable insights and guidance.
This book sheds light on the nature of the late nineteenth century audit by reference to the views expressed in 26 legal cases. The treatment of late nineteenth century legal issues which might appear somewhat unbalanced, viewed from today's stand-point, is shown to be more even handed when seen against the back ground of a vigorous contemporary debate concerning all aspects of the auditors' duties. This text therefore informs readers of the full breadth of the debate, and discusses a range of issues which may since have been overlooked, such as the Kingston Cotton Mill case, 1895, normally referred to only in the context of stock valuation but which also had a great deal to say about the appropriate method for valuing fixed assets. |
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