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Books > Law > Other areas of law > Law as it applies to other professions
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:
Publishing Law is an authoritative and engaging guide to a wide range of legal issues affecting publishing today. Hugh Jones and Christopher Benson present readers with clear and accessible guidance to the complex legal areas specific to the ever evolving world of contemporary publishing, including copyright, moral rights, contracts and licensing, privacy, confidentiality, defamation, infringement and trademarks, with analysis of legal issues relating to sales, advertising, marketing, distribution and competition. This new fifth edition presents updated coverage of the key principles of copyright , as well as new copyright exceptions, licensing and open access. There is also further in-depth coverage of the legal issues around the sale of digital content. Key features of the fifth edition include: updated coverage of EU and UK copyright, including a new chapter on copyright exceptions following the significant changes in the 2014 Regulations Comprehensive coverage of publishing contracts with authors, as well as with other providers, including translators, contributors and contracts for subsidiary rights up to date coverage of the Defamation Act 2013, and other changes to EU and UK legislation exploration of the legal issues relating to digital publishing, including eBook and other electronic agreements, data protection and online issues in relation to privacy, and copyright infringement a range of summary checklists on key issues, ranging from copyright ownership to promotion and data protection useful appendices offering an A to Z glossary of legal terms and lists of useful address and further reading.
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.
If you license or publish images, this guide is as indispensable as your camera. It provides specific information on the legal rights of photographers, illustrators, artists, covering intellectual property, copyright, and business concerns in an easy-to-read, accessible manner. The Copyright Zone, Second Edition covers: what is and isn't copyrightable, copyright registration, fair use, model releases, contracts and invoices, pricing and negotiation, and much more. Presented in a fun and easy to digest style, Jack Reznicki and Ed Greenberg, LLC help explain the need-to-know facts of the confusing world of legal jargon and technicalities through real world case studies, personal asides, and the clear writing style that has made their blog Thecopyrightzone.com and monthly column by the same name in Photoshop User magazine two industry favorites. The second edition of this well-reviewed text has almost doubled in size to ensure that every legal issue you need to know about as a photographer or artist is covered and enjoyable to learn!
As a psychotherapist, what do you need to know about the law? How does the legal system support (or fail to support) your work or the delivery of mental health services generally? What can you do to make use of the law and the legal system to improve your practice and to protect yourself? Filling a significant gap in the social work and other psychotherapeutic literature, Legal Issues in Social Work, Counseling, and Mental Health presents clearly and comprehensively what mental health and other direct practice professionals need to know to respond to the legal issues that surround practice. This volume covers a wide range of topics, including providing testimony, responding to subpoenas, dealing with an attorney, influencing the legal system, and understanding the legal side of the business of psychotherapy. The author also discusses various direct practice and human service issues, incorporating some of the everyday legal issues these professionals encounter and using case material. The book educates counselors and clinicians on the function of the law in their professional lives. Through cases and case vignettes, the author illustrates the legal processes relevant to cliniciansAE professional lives, and suggests "alternative behaviors for clinicians that would satisfy legal requirements, yet remain within sound practice." Helping to demystify the legal system, Legal Issues in Social Work, Counseling, and Mental Health will allow professionals and students in social work, human services, family studies, counseling, clinical psychology, pastoral counseling and psychotherapy a better understanding of the law.
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.
The majority of construction work is carried out by subcontractors. As building projects become more complex, subcontractors need to understand the implications of the agreements they sign. The JCT 2011 Building Subcontracts has been written to help the busy subcontractor deal effectively with the range of JCT 2011 subcontracts they will encounter. It covers the most commonly use 2011 subcontracts, looking at the key contract conditions, the rights and obligations of the parties and how risk is allocated. A key element of the book is the discussion of the main practical problems that arise. Accessible and practical, this book will ensure building and construction subcontractors understand these contracts and have an easy to consult reference if any questions arise. It will also be of interest to main contractors, architects, contract administrators, project managers, quantity surveyors, contracts consultants and construction lawyers.
An understanding of the law and the way in which it impacts upon roles, responsibilities and care is a vital component in everyday healthcare. The law of consent is particularly complex, and its inadvertent misinterpretation, misapplication or maladministration by health professionals has led to an increasing number of legal claims for compensation. This book explains the legal issues around consent to treatment in England and Wales simply and straightforwardly. It uses real-life examples to set out the professional obligations, basic principles of consent and detailed information on each area, enabling health professional to approach consent methodically and to ensure that it is validly obtained and recorded. 'Explains the complexities of consent in a practical and straightforward way making a difficult and often complex subject easy to understand. In addition it is a useful handbook that health professionals at all levels can refer to as an everyday text to help guide them through the intricacies of the topic.' - From the Foreword by Colum J Smith 'This book is invaluable to health care professionals and could help prevent them from attending court defending the care they have inadvertently provided.' - From the Foreword by Sue Battersby 'A very useful book for healthcare professionals of all kinds to refer to' - From the Foreword by Louise M Terry
We are all journalists and publishers now: at the touch of a button we can send our words, sounds and images out to the world. No matter whether you're a traditional journalist, a blogger, a public relations practitioner or a social media editor, everything you publish or broadcast is subject to the law. But which law? This widely used practical guide to communication law is essential reading for anyone who writes or broadcasts professionally, whether in journalism or strategic communication. It offers a mindful approach to assessing media law risks so practitioners can navigate legal and ethical barriers to publishing in mainstream and social media. This sixth edition has been substantially revised to reflect recent developments in litigation, and the impact of national security laws and the rising gig economy where graduates might work in the news media, PR, new media start-ups, or as freelancers. It covers defamation, contempt, confidentiality, privacy, trespass, intellectual property, and ethical regulation, as well as the special challenges of commenting on criminal allegations and trials. Recent cases and examples from social media, journalism and public relations are used to illustrate key points and new developments. Whether you work in a news room, in public relations or marketing, or blog from home, make sure you have The Journalist's Guide to Media Law at your side. 'Whether you're an MSM editor or reporter, a blogger, a tweeter or a personal brand, this book might save your bacon.' - Jonathan Holmes, former ABC Media Watch host 'The leading text book from which most journos learned their law' - Margaret Simons, associate professor in journalism, Monash University
"Law, Liberty, and the Competitive Market" brings the clash between law and legislation to the attention of economists and political scientists. It fills a void and offers a series of texts that have not previously been translated into English. This anthology connects various articles by Leoni on economics and law with the objective of emphasizing how much Leoni's own theory in the juridical environment was influenced by reflection on authors of the Austrian school--from Carl Menger to Ludwig von Mises, from Friedrich von Hayek to Murray N. Rothbard. The essays dealing with economics help us understand how many of Leoni's positions were libertarian. A careful reader of Mises, Leoni often ends up by assuming positions that are even more anti-state than those of the Austrian economist (concerning monopolies, for example). It is significant that in the 1960s his thought was influenced by Rothbard. The very critiques that he addresses to normativism and to analytical philosophy contain strong ideological elements, as they move from the awareness that legal positivism leads to statism and philosophical relativism to acquiescence in the face of power. Studying the market economy, Leoni perceives opposition between spontaneous order and planning. In this way, he understands how such a contrast is significant for the origins of norms. Leoni's idea of a law able to protect individual liberty has its roots in the market. Thus, the market is at the same time the model he uses to conceive the legal order and an institution fundamental for the service of civilization, which the law is called to protect. This is an important work by a figure only now being recognized as a pioneer in the field of economics and an innovator in political theory.
The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer's Committee on Cultural Heritage Preservation.
The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer's Committee on Cultural Heritage Preservation.
Many teachers in public schools find themselves increasingly unsure of what the law expects of them in the classroom. The general public and government regulators are holding them to higher and stricter standards of conduct, yet their educational preparation has not kept up with the changing environment. Knowing Where to Draw the Line: Ethical and Legal Standards for Best Classroom Practice is an ideal guide for teacher education programs, offering a comprehensive account of the legal information that will arm teachers for legal survival in the classroom. Organized for both easy reference and thorough examination, this book instructs teachers on how to deal with students, parents, administrators, and local communities, covering an exhaustive list of legal issues, including sexual harassment, discipline, contract negotiations, liability, and medical concerns. It also highlights a number of court cases and uses hypothetical cases to further aid teachers in understanding these vital concerns.
Selected for inclusion in this volume are the most significant and influential articles analyzing the key issues surrounding children, medicine and the law today. Issues examined include: the implications of assisted reproduction for children, neonatal intensive care, health care, HIV testing of new-born children, choosing sexual orientation and adolescents and life-and-death decisions.
This book considers the ability of island jurisdictions with financial centres to meet the expectations of the international community in addressing the threats posed to themselves and others by their innocent (or otherwise) facilitation of the receipt of suspect wealth. In the global financial architecture, British Overseas Territories are of material significance. Through their inalienable right to self-determination, many developed offshore financial centres to achieve sustainable economic development. Focusing on Bermuda, Turks and Caicos, and Anguilla, the book concerns suspect wealth emanating from financial crimes including corruption, money laundering and tax evasion, as well as controversial conduct like tax avoidance. This work considers the viability of international standards on suspect wealth in the context of the territories, how willing or able they are to comply with them, and how their financial centres can better prevent receipt of suspect wealth. While universalism is desirable in the modern approach to tackling suspect wealth, a one-size-fits-all approach is inappropriate for these jurisdictions. On critically evaluating their legislative and regulatory regimes, the book advances that they demonstrate willingness to comply with international standards. However, their abilities and levels of compliance vary. In acknowledging the facilitatively harmful role the territories can play, this work draws upon evidence of implication in transnational financial crime cases. Notwithstanding this, the book questions whether the degree of criticism that these offshore jurisdictions have encountered is warranted in light of apparent willingness to engage in the enactment and administration of internationally accepted laws and cooperate with international institutions.
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.
In 1970 Earth Day was first celebrated marking the dawn of worldwide environmental consciousness and the passing of many environmental laws. In part, these events were the result of the maturing of the science of ecology which recognized the interdependence of the web and cycles of nature. This volume explores the relationship between ecology and environmental law, beginning with a description of the two very different disciplines. This description is followed by a history of their episodic interactions: the early period of origin, the mid-century formative period from 1950 to 1970, the initial serious period of interaction after Earth Day in 1970 and the testing of the relationship during the next two decades. Utilizing a number of case studies, examinations of the key 'linkage persons', legal instruments and the migration of ecological concepts and frameworks, this book analyzes the final flowering of an ecosystem regime which embraces the connections between the two disciplines of ecology and environmental law. Concluding with an inventory of the problems posed by the relationship between the two disciplines and an agenda for future research, this clearly structured, comprehensive and stringent book is an essential resource for all serious scholars and students of ecology and environmental law.
This text explores questions of growing importance in international aviation law. Topics covered in depth include: mental injury; unruly passengers; spread of tuberculosis in aircraft; and the impact of turbulence on passengers. The subjects are treated internationally, traversing the field of aviation law from micro to macro level. The author also tackles the information-based problems of the future, such as problems of slot allocation and functioning of computer reservation systems on the Internet. Traditional areas of public international law are also covered in the addressing of problems related to refugees and inadmissible passengers.
Legal actions by students against universities are growing in number, and the issues such actions raise are increasingly becoming a major concern for both teaching and administrative staff. This handbook is designed to clarify the legal framework that binds the student with the university or college.;Covering the key issues that can give rise to disagreement or misunderstanding about this complex educational relationship, the book suggests practical remedies for a broad range of common areas of complaint, including: admission procedures; welfare and safety; course and examination requirements; disputes over marking; cheating; harassment; procedural fairness in handling all disputes; distinguishing between complaints and appeals; time limits; demands for better teaching and facilities.;With checklists and advice on how to identify common problem areas and their interconnections, the guide should help institutions understand what to do and what not to do. Suitable for personal tutors, lecturers, administrators and all staff in direct contact with students, the book sets out legal and good practice principles in clear and accessible language.
When managed well, IP can become the most enduring form of competitive advantage, creating streams of revenue well into the future. But for many in Europe, IP can still seem complicated to acquire, expensive to maintain and hard to enforce. Drawing on a wide range of expert contributions, The Handbook of European Intellectual Property Management is a practical and easy-to-follow account of how IP comes into play at various stages of ventures and delivers commercial success and real competitive advantage. Drawing out the commercial implications of the changes that are happening within Europe's framework for innovation, like the arrival of the unitary patent, this Handbook reviews how EU programmes such as Horizon 2020, the Innovation Union and the European Research Area are measuring performance against a target of creating more growth from IP ventures. In parallel, the contributors discuss the new terms on which leading players in business and research are looking to engage partners in sourcing ideas and fast-tracking innovation. Everywhere IP policies are being re-written to encourage open innovation and to source knowledge from wherever it may best be found. For those looking to take an innovation, a design, or a brand into the market, this handbook discusses the options in putting the right idea into the right format, highlighting challenges such as: - how to design an IP strategy - how to capture and secure IP - how to capitalise on new technologies - how to combine different types of IP - whether to adopt a national, European or global focus - how to engage in partnerships and competitions - how to source ideas from the research base - how to retain exclusivity within open innovation - which model to adopt in reaching the market - how to negotiate IP within contracts - how put a value on IP - how to raise funds with IP - how to resolve disputes
This comprehensive book is the first of its kind to take scientists and engineers beyond simply getting a patent granted. Through the author's extensive technical background and experience in intellectual property licensing, it ties the many technical, legal and business aspects of patent enforcement to the innovation and patenting stage in the patent value chain, with the objective of helping inventors to create valuable patents that can be capitalized.In easy-to-understand language, this book covers various aspects, including basic concepts of patent laws and rules, innovation protection, patenting, patents post-granting and patent licensing. With over 40 tables, 70 figures, nearly 100 cases and examples, and a comprehensive index table, it serves as a practical handbook for inventors and patent practitioners.This second edition incorporates the latest changes in the America Invents Act (AIA), with additional case studies and illustrations throughout the book. For inventors who want to file patents by themselves, this new edition provides guidelines and step-by-step instructions on preparing and filing a US provisional patent application, while avoiding the pitfalls that commonly occur in do-it-yourself patenting.
This is the third volume of a new series entitled `Current Legal Issues' that is to be published each Summer as a sister volume to `Current Legal Problems'. The third volume considers the many areas where medicine intersects with the law. Advances in medical research, reproductive science and genetic research give rise to ethical and legal issues that are well-known. At the same time changes in health care funding call into question the rights of patients, whilst a rise in medical negligence litigation calls into question the doctor's duty of care. All of these important and changing facets of law and medicine are reflected in this collection.
Social Work and the Courts is a collection of important and cutting-edge court decisions in the field of human services, now in its third edition. Pollack and Kleinman present an array of legal cases in everyday language, with clear explanation of the facts and issues, and in-depth examinations of the reasoning and implications of each decision. This new edition includes over twenty new cases, all of which happened between 2010 and 2014, making this one of the most significant and timely investigations of how social work and the law intersect. Special attention is paid to recent rulings in child welfare and social worker liability. The dissection and analysis of these influential cases makes this volume an excellent teaching tool and an essential resource for both social workers and policy makers. |
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