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Books > Law > Other areas of law > Law as it applies to other professions
It is possible to increase cost-effectiveness and lower the risk of lawsuits while improving patient care and office morale. In this revolutionary work, the authors, a seasoned primary care physician and an experienced defense attorney, detail risk management techniques and introduce the concept of co-active medicine. Their book will provide practical guidance for all primary care physicians, and will serve as an invaluable resource for risk management consultants and malpractice attorneys.
"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.
As individuals and companies realise the importance of their inventions, issues surrounding patent laws and practices are taking centre stage around the world. "Patent Strategy" introduces researchers to patent applications and patent portfolios. With minimum use of 'legal jargon' it provides the technical professional with the assistance and advice they require to understand the legal complexities that they may encounter before and during a patent application. It also discusses the responsibilities of the researcher after patent applications have been filed and the role the researcher can play in the maintenance of a global patent estate. This updated edition of the best selling book has been expanded to keep pace with modern day movements and addresses the global issue surrounding intellectual property. Including new information on areas such as software and biotechnology it shows the techniques that can be used by individuals and academic inventors to protect their work and is the ideal reference source.Bridges the gap between the legal system and scientific research and avoids legal jargonDetails the reasons behind patents, their importance and relevance to all researchers and the strategy needed for filing for a patentFocuses on the strategy and reasons rather than just being a textbook of patent lawPresents an overview of tools a researcher can use while working with a patent attorney or agentAdopts a readable style that explains the basics right up to developing a strategyEssential reading for all those who wish to keep pace and protect their work Reviews from previous edition: ..".I can recommend it for technology managing types. Does a nice job of explaining many aspects of the patent system and patent strategies with a minimum of jargon and case citations..."--"Internet Patent News" ..".provides an enlightened approach to a complex subject. It is relatively easy to read and follow..."-- "Polymers Paint and Colour Journal" "This handy book provides the researcher with useful guidance on how to maximize the benefit of their inventiveness to themselves and their organization."--"Journal of Chemical Technology and Biotechnology"
***BUSINESS BOOK AWARDS 2022 SHORTLISTED TITLE*** Starting a business is one of the most exciting things you can do. It's also one of the most daunting. There's so much that can go right, and so much that can go wrong. That's why you need to understand and minimise the legal and commercial risks involved. When your new business is built on rock, you can relax in the knowledge that you won't lose access to life-changing opportunities or waste time and energy on fighting legal challenges. Instead, you're free to get on with what you do best - coming up with fresh ideas, finding ways to make them a reality, and selling your products or services to an ever-expanding customer base. This book makes the complicated aspects of start-up law simple. In everyday language, it walks you through the key legal and commercial considerations. Setting up your corporate structure for maximum advantage Discovering your risks and how to minimise them Finding out the best sources of investment Learning how to value your company Negotiating with investors for long-term success MICHAEL BUCKWORTH is a qualified solicitor of the Supreme Court of England and Wales, and the founder of Buckworths (www.buckworths.com), the only law firm in the UK working exclusively with start-ups and high-growth businesses. He has a passion for entrepreneurialism, and has advised countless start-ups over the last ten years. He's been 'entrepreneur in residence' at London South Bank University and University College, London, for several years, and is a regular speaker at industry events.
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 book will help Chairs to form a strong team, build a resilient relationship with the CEO, assess how to use their considerable power, and when to show self-restraint. Board members often struggle to identify their true role, caught between the Chair and the executive board. As a result, board members frequently have doubts about their role and personal impact; doubts which are rarely acknowledged nor addressed. By focusing on the most impactful driver of success - the human behavior - the author explores how to create a strong board team whose members are clear about the team's role, are able to talk about their concerns, and are therefore also comfortable to listen, to challenge, and to support. Based on around 60 interviews around the globe and his own board experience, this book will help Chairs to form a strong team, build a resilient relationship with the CEO, assess how to use their considerable power, and when to show self-restraint. Navigating the Boardroom supports board members and managers in reflecting on how to navigate the complex web of boardroom relations and provides both practical and attitudinal tips.
Protecting the Brand, Volume II: Busting the Bootlegs follows Volume I which provides a unique combination of legal and business best practices related to intellectual property protection. This second volume showcases U.S. states specific legal statues and examples related to the legal approach to counterfeiting and grey market issues. The primary emphasis is to provide advice to U.S. companies navigating the complex domestic legislation and provide a single source of reference for both law practitioners and those tasked with intellectual property rights enforcement and compliance who need to understand the applicable state legislation. Both volumes of this book are focused on leveraging trademark enforcement while also commenting on copyright and patent enforcement, establishing a framework for successful brand protection in the future.
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.
Protecting the Brand, Volume I: Counterfeiting and Grey Markets is a handbook for law practitioners as well as business executives. It is a unique perspective of best practices in addressing issues around counterfeiting and grey markets - from a legal as well as a business point of view. The authors explore the threats posed by counterfeiting and grey markets to a variety of industries and illuminate what problems these may cause. Before setting forth the range of legal strategies for remedying incidents of counterfeiting and grey markets, the authors outline preventive measures businesses can take to combat the threats, and showcase some of the emerging technologies that can serve as enablers of Brand Protection's 3 IPR's (3 I's= Intelligence, Investigation, Innovation; 3 P's= Protection, Perseverance, Perpetuation; 3 R's= Remedy, Recovery, Rehabilitation).
This crucial volume focusing on free speech, media, and law confronts complicated issues that are of interest not only to media law scholars, but to anyone concerned with the First Amendment. It questions whether freedom of speech is identical to freedom of the press and explores why the law restrains free speech for broadcast media but not for traditional print media. In dealing with the often opposing ideals of the rights of the media versus the rights of the individual, this volume tackles difficult legal and social questions of the day.
Top Ten Global Justice Law Review Articles 2008 is a thorough and
accessible review of the most salient, the most controversial, and
the most illuminating essays on security law in the previous
calendar year. In this edition, Professor Amos Guiora presents the
ten most vital and pertinent law review articles from 2008 written
by both scholars who have already gained international prominence
as experts in global justice as well as emerging voices in the
realm of international criminal law and human rights. These
articles deal with issues of terrorism, security law, environmental
law, and the preservation of civil liberties in the post-9/11
world. The chosen selections derive not just from the high quality
and expertise of the articles' authors, but equally from the wide
diversity of legal issues addressed by those authors. Guiora
combines the expertise of scholars from both eminent law schools
and government agencies to provide a valuable resource for scholars
and experts researching this important subject area.
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 book focuses on the tactics and strategies used in business-to-business contract negotiations. In addition to outlining general negotiation concepts, techniques and tools, it provides insight into relevant framework conditions, underlying mechanisms and also presents generally occurring terms and problems. Moreover, different negotiating styles are illustrated using an exemplary presentation of negotiation peculiarities in China, the USA and Germany. The presented tactics and strategies combine interdisciplinary psychological and economic knowledge as well as findings from the field of communication science. The application scope of these tactics and strategies covers business-to-business negotiations as well as company-internal negotiations. The fact that this book does not necessarily stipulate any prior knowledge of the subject of negotiations also makes it highly suitable for nonprofessionals with a pronounced interested in negotiations. Nonetheless, it provides proficient negotiators with a deeper understanding for situations experienced in negotiations. This book also helps practioners to identify underlying mechanisms and on this basis sustainably improve their negotiation skills.
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.
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.
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.
This book provides a systematic and interdisciplinary study of occupational mental health legislation in seven countries. The work presents a study of the laws, policies, and legal interpretations to help prevent mental health problems from occurring in the workplace and appropriately address problems once they do occur. With a view to improving provision in Japan, the author examines the legal issues relating to workplace mental health and stress in the USA, UK, Denmark, the Netherlands, France and Germany. In presenting a comparative discussion of mental health issues in the workplace, this book seeks to establish a minimum for legal rights and duties that contribute to prevention and not just compensation. With its detailed comparative and descriptive coverage of legal and related provisions in a range of countries, the book will be a valuable resource for academics, policy-makers and practitioners working in labour and employment law, social welfare, occupational health and human resource management.
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.
Food law is a rapidly developing area, with interest being driven at the consumer, handler and farm level. This introductory textbook provides an overview of the concepts necessary for an understanding of food law and regulations, providing the non-specialist reader with a more comprehensive understanding of food systems from production to consumption. Food Systems Law first introduces the US legal system and then moves on to explain the Federal Regulation of Food systems, the Food Safety Modernization Act (FSMA) and the Farm Bill, the single most important piece of legislation which impacts the way in which federal resources are used within the food industry. The following chapters provide concise explanations of key topics including food safety, food labeling, organic certification and food waste, with examples from US law and policy included. Importantly, the book also addresses key topics which overlap with food law, such as environmental, health and agricultural law. This textbook is geared towards a non-legal audience, particularly students of interdisciplinary food studies and food science who are taking food law courses, as well as those studying agricultural law, food policy and environmental law. It will also be of interest to professionals working in the food industry and those who want to learn more about how food is regulated. |
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