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.

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.

Today's archaeologists and law practitioners must have an increased awareness of legal issues pertaining to historic preservation and cultural resource management (CRM). Archaeological sites and finds are non-renewable resources inciting numerous legal debates based upon claims of legitimacy and ownership. In this edited volume of original articles, law professionals and legal scholars offer their perspectives on current debates for the heritage community, giving multiple viewpoints and injecting historical depth to contemporary legal controversies. The contributions focus on three key issues: Enforcement and Preservation; International Issues; and Repatriation in which insights are given on topics such as underwater cultural heritage, global trade and export, illegal trafficking of antiquities, domestic law enforcement, and indigenous people's legal rights. Famous cases such as the Elgin Marbles and the Kennewick Man, as well as laws such as NAGPRA and McClain doctrine are discussed at length. This book will be an indispensable resource to CRM practitioners, cultural property attorneys, archaeologists, community heritage groups, tribes, museums and galleries, or anyone interested in the preservation of American and global cultural heritage.

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

In the early 1990s, sympathetic juries awarded huge damages to women claiming injury from silicone breast implants, leading to a $4.25 billion class-action settlement that still wasn’t large enough to cover all the claims. Shockingly, rigorous scientific studies of breast implants have now shown that there is no significant link between breast implants and disease. Why were the courts and the public so certain that breast implants were dangerous when medical researchers were not? The answer to this question reveals important differences in the way science, the law, and the public regard evidence—and not just in the breast implant controversy.

"An indispensable guide to the breast implant madness—litigation that will forever stand as a monument to the inability of our civil justice system to sort out latter-day Ptolemies from Galileos."—Wall Street Journal

"[A] sober and rigorous examination of the controversy over silicone breast implants . . . an important statement, not just about silicone implants, but about other matters at the intersection of law, science, and opinion. [Dr. Angell’s] book is . . . a warning that rationality, like much else in the fragile porcelain of society, can be weakened by lack of vigilance."—New York Times

"Marcia Angell's outstanding book explains clearly and fairly the combination of greed, fear, ignorance, junk science, and media hype that created this national litigation nightmare. Everyone interested in the tort system, science, and medicine should heed the lessons that Dr. Angell teaches."—Shirley M. Hufstedler, former U.S. Secretary of Education and former judge in the U.S. Court of Appeals, 9th Circuit

With the contemporary discussions of political Islam, how do minority Muslim communities approach the traditional concept that Islam is both "religion and politics"? How do Muslim minorities address the issues of Islamic social organization when they are either a minority or living within a pluralistic state? Do Muslims who are integrated within a pluralistic state approach the traditional aspects of Islamic social-political organization in a manner different than those Muslims whomake up a majority? This study examines the Islamic categories of Christians under Islamic law and compares them with the status of Christians within Lebanon. David Grafton reviews the opinions of four Lebanese Muslim scholars (two Sunni and two Shi'a) regarding Christian political rights during the Lebanese Civil War. In such a diverse and complicated social context as Lebanon, who do these scholars respond to the position of the Christian community which claims political supremacy by maintaining its hold on the presidency? The debate on political Islam has, to this point, neglected to look seriously at Muslim communities in pluralistic contexts, and how such contexts affect their opinions of traditional social-political organization. This text attempts steps to reverse this trend.

The nation's federal, state, and local public service is in deep trouble. Not even the most talented, dedicated, well- compensated, well-trained, and well-led public servants can serve the public well if they must operate under perverse personnel and procurement regulations that punish innovation and promote inefficiency. Many attempts have been made to determine administrative problems in the public service and come up with viable solutions. Two of the most important--the 1990 report of the National Commission on the Public Service, led by former Federal Reserve chairman Paul A. Volcker, and the 1993 report of the National Commission on the State and Local Public Service, led by former Mississippi Governor William F. Winter--recommended " deregulating the public service." Deregulating the public service essentially means altering or abolishing personnel and procurement regulations that deplete government workers' creativity, reduce their productivity, and make a career in public service unattractive to many talented, energetic, and public-spirited citizens. But will it work? With the benefit of a historical perspective on the development of American public service from the days of the progressives to the present, the contributors to this book argue that deregulating the public service is a necessary but insufficient condition for much of the needed improvement in governmental administration. Avoiding simple solutions and quick fixes for long-standing ills, they recommend new and large-scale experiments with deregulating the public service at all levels of government. In addition to editor John DiIulio, the contributors are Paul A. Volcker, former chairman of the FederalReserve, now at Princeton University; former Mississippi Governor William F. Winter; Gerald J. Garvey, Princeton; John P. Burke, University of Vermont; Melvin J. Dubnick, Rutgers; Constance Horner, former director of the Federal Office of Personnel Management, now at Brookings; Mark Alan Hughes, Harvard; Steven Kelman, Harvard; Donald F. Kettl, University of Wisconsin at Madison; Mark H. Moore, Harvard; Richard P. Nathan, State University of New York at Albany; Neal R. Peirce, The National Review; and James Q. Wilson, UCLA.

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.

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.

Embryo research, cloning, assisted conception, neonatal care, saviour siblings, organ transplants, drug trials - modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book, now in its sixth edition, Margaret Brazier and Emma Cave provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The book has been fully revised and updated to cover the latest cases, from assisted dying to informed consent; legislative reform of the NHS, professional regulation and redress; European regulations on data protection and clinical trials; and legislation and policy reforms on organ donation, assisted conception and mental capacity. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law. -- .

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.

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 will be an essential reference for construction lawyers, insurers and other senior practitioners and managers in industry, based on research and analysis by CIB (Conseil International du Batiment) as part of the CIB series programme.

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.

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.

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.

Magazine Law is a comprehensive guide to the law for magazine journalists, editors and managers. Written by a barrister experienced in publishing and copyright law and a former magazine journalist and law lecturer, the book addresses the special needs of the magazine industry and explains the laws that regulate and seek to determine what journalists can and cannot publish, and how these laws are applied in everyday situations.
Written specifically for all those in the magazine industry, as well as students of magazine journalism, the authors address issues which directly affect day to day practice. The legal and regulatory framework is illustrated with case studies and up-to-date examples of precedent setting cases.
Topics covered include:
* the legal process and the distinction between criminal and civil law
* the role of the courts and reporting court procedure
* defamation, fair-comment and libel
* product testing and criticism
* copyright and passing off
* law for photographers, picture researchers and the use of illustrations
* privacy and trespass
* competition, lotteries and magazine promotion
* sub-editing errors and inaccurate copy
* ethical and professional issues facing journalists
Codes of Practice published by the Press Complaints Commission and National Union of Journalists are set out in appendices, as are requirements for the award of a National Vocational Qualification in Periodical Journalism in Press Law and Ethics. A glossary of legal terms is included.

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.

Focus on Current Legal Concerns
The unprecedented demise of the 1994 baseball season and the long hockey negotiations have focused more attention than ever before on legal issues in sports, ranging from the constitutional rights of college athletes to the liability of football-helmet makers. Through 50 original essays this first-of-its-kind handbook examines liability issues peculiar to sports, discusses disputes involving some of the most famous people and events in sports history, explores the ramifications of antitrust laws as they apply to athletics, and probes the increasingly sensitive and litigious area of sex and race discrimination.
Essays discuss influential issues
Many of the essays discuss subjects that recently have gained increasing prominence, such as suits alleging misrepresentation and unfair treatment of athletes by coaches. Other essays deal with the action of sports commissioners, or the policies of governing bodies, especially the National Collegiate Athletic Association.
Useful for lawyers and fans alike
Lawyers unfamiliar with sports law will appreciate the book as a reliable introduction to this rapidly expanding field. For scholars in other fields it serves as a legal primer and a quick survey of cases and issues. The book is especially useful in college libraries as a source of answers to sports questions and a reliable resource for writing term papers. Finally, sports fans familiar with the athletic achievements of Oscar Robertson, John Mackey, Curt Flood, and others, will discover here the details of their participation in thelegal arena.

A little book that's big on information, the Architect's Legal Pocket Book is the definitive reference guide on legal issues for architects and architectural students. This handy pocket guide covers key legal principles which will help you to quickly understand the law and where to go for further information. Now in its third edition, this bestselling book has been fully updated throughout to provide you with the most current information available. Subjects include contract administration, building legislation, planning, listed buildings, contract law, negligence, liability and dispute resolution. This edition also contains new cases and legislation, government policy, contract terms and certificates including the RIBA contract administration certificates, inspection duties and practical completion, The Building a Safer Future, Proposals for Reform of the Building Safety Regulatory System Report, the Hackitt review, the Report of the Independent Inquiry into the Construction of Edinburgh Schools and practical issues facing architects. Illustrated with clear diagrams and featuring key cases, this is a comprehensive guide to current law for architects and an invaluable source of information. It is a book no architect should be without.

Now in its third edition Construction Law by Julian Bailey is the definitive work of reference for construction law practitioners internationally. In three volumes, it provides the most comprehensive treatment of the major issues arising out of construction and engineering projects, with extensive references to case law, statutes and regulations, standard forms of contract and legal commentary. The book in its new updated form is an indispensable work of reference for law practitioners and is now accessibly priced for the post-graduate student market.

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.

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:
1) a review of how deception is viewed and regulated
2) a theory of how consumers process deceptive information
3) a sensitive and consistent means of measuring deceptiveness.
This text provides detailed discussions regarding the intersection of law and behavioral science and its application to deceptive advertising. In so doing, it offers a solid foundation upon which to base expanded behavioral research into how consumers are deceived by advertising claims, and what cognitive processes are involved in that deception.

This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law - either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.