Studienarbeit aus dem Jahr 2006 im Fachbereich BWL - Recht, Note: 1,0, Gottfried Wilhelm Leibniz Universitat Hannover (Lehrstuhl fur Zivilrecht und Recht der Wirtschaft), Veranstaltung: Seminar im deutschen und europaischen Kartellrecht, 16 Quellen im Literaturverzeichnis, Sprache: Deutsch, Anmerkungen: Hausarbeit im Rahmen meines Wirtschaftswissenschaften-Studiums im Fachbereich Recht., Abstract: In den letzten Jahren nutzte Microsoft seine marktfuhrende Position vor allem uber die Plattform Windows" mehrfach aus, um bspw. den Media Player" oder die Internetsuchmaschine MSN" gegenuber Konkurrenzprodukten zu begunstigen. Dies ist nur ein Beispiel fur den Missbrauch einer marktbeherrschenden Stellung und der Weigerung, den Mitbewerbern den Zugang zu einer wesentlichen Einrichtung (Essential Facility) zu gewahren. Primar geht es also um Markte, auf denen sich (potentielle) Wettbewerber nur uber die Mitbenutzung einer wesentlichen Einrichtung betatigen konnen, da der Aufbau einer ahnlichen, parallelen Einrichtung zu kostspielig oder unmoglich ist. Die vorliegende Arbeit charakterisiert zu Beginn die Begriffe der Essential Facility und der Essential Facilities Doktrin (EFD) naher. Diesem folgt eine nahere Betrachtung von Monopolen aus volkswirtschaftlicher Sicht. Da die EFD einerseits aus dem Bereich der Vereinigten Staaten stammt und auf deutscher und europaischer Ebene eine zeitlich versetzte Ubernahme stattfand und andererseits die Doktrin auf vollig unterschiedlichen Rechtsgrundlagen fusst, wird im Anschluss eine getrennte Darstellung der Entwicklung und Anwendung der EFD im amerikanischen und insbesondere im deutschen und europaischen Recht vorgenommen. Diese Darstellung soll keine, wie in der Literatur oftmals zu findende, blosse Aneinanderreihung von Urteilen sein, sondern vor allem die Schlusselbegriffe der relevanten Rechtsnormen charakterisieren, auf die die Grundsatze der EFD angewandt werden. Der reinen Beschreibung folgt eine explizite Herausarbe

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.

Advance praise for The GigaLaw Guide to Internet Law

“I read this book from cover to cover. The examples of case law are of enormous illustrative value. Some of them will raise your blood pressure (well, mine went up several notches, anyway). Well worth the time to read!”
—Vint Cerf, chairman, Internet Corporation for Assigned Names and Numbers (ICANN)

“Doug Isenberg pulls off the toughest hat trick in legal writing—he and his contributing authors map out the legal landscape of cyberspace in language accessible and friendly to lay readers, providing a comprehensive guide for lawyers who want to gain a quick grasp of cyberlaw, and they do all this with scholarly care for accuracy and precision.”
—Mike Godwin, author of Cyber Rights: Defending Free Speech in the Digital Age

“A treasure trove of information that is a relief to find, a pleasure to read, and a snap to apply to dozens of your most pressing Internet legal questions.”
—Carol Darr, director of the Institute for Politics, Democracy and the Internet

“Doug Isenberg is the authority on all issues regarding Internet law. His insight is exceptional, his experience unsurpassed. This book is both a reference work and a bible, enlightening and showing the way—a quintessential, all-encompassing work for both the novice and the veteran.”
—Marc Adler, chairman and CEO, Macquarium Intelligent Communications


Doug Isenberg is an attorney and the founder of GigaLaw.com, an award-winning website about Internet law. He writes regularly as a columnist for The Wall Street Journal Online and CNET News.com and has represented numerous high-tech and Internet clients.

For more information about The GigaLaw Guide to Internet Law, visit: http://GigaLaw.com/guide

Comprehensive coverage of the drinking water regulatory climate

The Drinking Water Act Amendments of 1996 instituted wide-ranging regulatory changes to the seminal Safe Drinking Water Act (SDWA)–such as providing funding to communities facing health risks, focusing regulatory efforts on contaminants posing such health risks, and adding flexibility to the regulatory process– and the amendments continue to shape regulations and regulatory policy to this day. Editor Frederick Pontius’s Drinking Water Regulation and Health provides a comprehensive, up-to-date resource on the current regulatory landscape.

Drinking Water Regulation and Health serves as a guide for water utilities, regulators, and consultants, forecasting future trends and explaining the latest developments in regulations. A diverse group of contributors covers topics such as water treatment, water protection, how some of the regulations have been interpreted in the courts, how water utilities can stay in compliance, and how to satisfy customer expectations, especially sensitive subpopulations. Divided into four sections – The SDWA and Public Health, Regulation Development, Contaminant Regulation and Treatment, and Compliance Challenges – the book includes chapters on:

• Improving Waterborne Disease Surveillance
• Application of Risk Assessments in Crafting Drinking Water Regulations
• Control of Drinking Water Pathogens and Disinfection By-Products
• Selection of Treatment Technology for SDWA Compliance
• Death of the Silent Service: Meeting Consumer Expectations
• Achieving Sustainable Water Systems
• What Water Suppliers Need to Know About Toxic Tort Litigation

Drinking Water Regulation and Health is a timely, one-stop resource on the current water regulatory climate.

The passage of the Telecommunications Act of 1996 inaugurated a new and highly volatile era in telecommunications. The first major overhaul of U.S. communications law since 1934--when no one had a television set, a cordless phone, or a computer--the Act was spurred into being by broad shifts in technology use. Equally important, this book shows, the new law reflects important changes in our notions of the purpose of communications regulation and how it should be deployed. Focusing on the evolution of the concept of the public interest, Aufderheide examines how and why the legislation was developed, provides a thematic analysis of the Act itself, and charts its intended and unintended effects in business and policy. An abridged version of the Act is included, as are the Supreme Court decision that struck down one of its clauses, the Communications Decency Act, and a variety of pertinent speeches and policy arguments. Readers are also guided to a range of organizations and websites that offer legal updates and policy information. Finalist, McGannon Center Award for Social and Ethical Relevance in Communication Policy Research

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.

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 cliniciansÆ 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.

"Could I be sued?" The exploding number of malpractice lawsuits in recent years has brought this question to the mind of every clinician---the conscientious as well as the negligent. A unique and practical guide to clinical risk management, this book combines the expertise of mental health professionals, judges, attorneys, and insurance industry experts, to help the clinician provide effective treatment while reducing the risk of legal liability. Wide-ranging, clinically based, and up to date, it will be a welcome guide for medical and surgical practitioners as well. The first section gives clinicians a working knowledge of legal regulation in psychiatry and medicine, covering informed consent, documentation of patient care, and potential conflicts of interest. The second section identifies high-risk areas for lawsuits, including managing suicidal and violent patients, boundary violations, supervision issues, prescription of medications, liability in managed care settings, and treatment termination. The book concludes with a primer on clinical testimony in the courtroom. The broad range of distinguished contributors to this volume will provide a survival guide to clinicians in the increasingly complex and rapidly changing world of health care.

Whether protecting their own rights or those of their clients, or navigating the juvenile justice, immigration, or welfare systems, social workers confront legal issues every day. This book explores legal concepts, legal reasoning, and legal processes -- illustrated with case vignettes from social work practice -- in order to provide social work practitioners and students with practical and accessible legal knowledge. It introduces readers to scholarship about the law and to conceptual knowledge that can be applied to any interaction with the legal system. Social workers are thereby enabled to "think like a lawyer" and increase their effectiveness. The volume features a discussion of recent reform movements, including Alternative Dispute Resolution, and an appendix of sources for legal information and research on the law.

How do you apply the principles, structures and processes of the law to everyday practice? Drawing on a wealth of contemporary case examples, this handy pocket book demystifies the legislation on child protection and demonstrates the practical duties and responsibilities of professionals working within this complex area. Students taking Social Work qualifying undergraduate and postgraduate degrees. Qualifies Social Workers fulfilling their learning development requirements. Students taking non-social work but related degrees, e.g. Community and Youth Work. 2nd / 3rd level students on qualifying Social Work courses (u/g and p/g).

As much as companies have increased their awareness about cybersecurity, not all of them are taking effective measures to protect themselves and their customers. Many "smart" things or "IoT" devices get connected every year, allowing the creation of more efficient and even new products and services. However, this also brings new risks, considering also that these type of systems present additional challenges for applying cybersecurity measures. This often leaves many doors open to malicious hackers! This book explains different ways how these systems get exposed to cyber-attacks in a friendly language using real cases as examples. Business professionals and nontechnical readers can bene t from this book by learning that cybersecurity is not an IT problem but an organizational problem. As a leader and decision maker, having an understanding of IoT cyberrisks can help you to improve the preparedness of your organization to prevent and deal with cyberattacks. Overall this book is for everybody that wants to learn a little bit more about how cybersecurity is becoming more relevant in the connected world, both present and future.

What does the law require of social workers when deciding how to intervene to protect children and adults at risk? What social work standards should guide decisions about whether, when and how to invoke statutory powers and duties in practice? Making Good Decisions provides an accessible and practical guide to the legal rules and principles that should guide everyday social work practice. It sets out the key elements of administrative law, equality and human rights legislation which shape how social workers practise and illustrates how knowledge and use of legal principles can support core social work goals, including empowerment, equality and social justice. An invaluable reference point for all students and practitioners, this book will support and empower social workers to feel more confident in making and challenging decisions, more credible when presenting assessments and plans, and more creative when working with service users and carers. The text is supported by a range of innovative features and boxed information to aid learning and stimulate reflection: - Key Case Analysis boxes summarise the details of particular legal cases and outline the implications for social work practice. - Practice Focus boxes apply legal principles and processes to practice through the use of social work scenarios. - On-The-Spot Questions reinforce understanding and encourage critical reflection.

Do you want to protect yourself from all the legal pitfalls in planning, setting up and running your SME? Then let one of the UK's leading law firms guide you through the minefield with this book - the best quick reference to all of those risks and how to avoid them, With a practical approach that takes you from: Pre-start up ( Operating structures; Restrictions preventing start up; Corporate finance considerations) Through start-up (Shareholder/partnership agreements and exit strategies; Property/premises issues; Employment of staff, including drafting contracts of employment; Supplier contracts; Customer/client contracts; Protecting IP rights) To practical ongoing SME pitfalls (IP rights and disputes; Owner disputes; HR/employee problems; Health and Safety problems; PI claims and HSE prosecutions; Supplier disputes; Customer disputes including debt collection; Merger & Acquisitions activity including issues related to disposing of a business) This invaluable book could save you from legal and financial disaster: a great value resource for every small to medium business.

This accessible guide to copyright law is an introduction for authors, editors, publishers and all those working with online content: both words and pictures. Packed with examples of real-life case law and interviews with publishing and legal professionals, this is a refreshingly practical approach to understanding this confusing but well-trodden topic. While debunking many myths and common errors, the author tackles such essential issues as: what is copyright? What should I know about it? How can I avoid legal issues associated with plagiarism, libel or infringing copyright? What if my own copyright is infringed? How can I make more money out of my published books and articles? How do I clear permission for quoting words and lyrics? How do I best work alongside others in the publishing sector to avoid problems in future? This is a companion guide to "Copyright Law for Artists, Photographers and Designers."

Most teacher education programs offer little, if any, instruction on Education Law. Consequently, teachers (in general) are not well-versed in the intricacies of the law as it applies to their own employment and their responsibilities as instructors. In light of this dearth of information about law by most teachers, this book is designed as an easy-to-read, practical manual that addresses the key legal issues that teachers confront on a daily basis. While many books on the market are aimed at school administrators, few are designed primarily for teachers. Those that are, tend to be overly broad in scope. This book, then, intends to help fill that gap by providing a concise, practical guide that specifically targets the areas of the law that are of most concern to teachers. In the employment context, the book intends to present information about teacher certification, employment, tenure, evaluation, and dismissal along with issues related to collective bargaining and teacher contracts. The book will also review the constitutional rights of teachers, including freedom of speech and religion. In addition, the book plans to provide information on how teachers can avoid liability when dealing with discrimination and harassment based on race, ethnic origin, gender, sexual orientation, age, religion, or disability, regardless of whether it is at the hands of supervisors, peers, or students. In the instructional domain the book is designed to explore the rights and responsibilities teachers have in the instructional process. This will include topics such as what can and cannot be taught, academic freedom, methodology, grading policies, student records, and copyright law. Information will be provided about tort liability and the teacher's responsibilities regarding the safety and well-being of his or her students as well as his or her own protections from defamation and rights of self-defense.

This book builds on Courtroom Skills for Social Workers by updating the legal and research content and strengthening the material on recording. It throws light on legal and courtroom processes and procedures, and encourages social workers to see involvement with the courts as a positive element of their practice, rather than something to be afraid of. By encouraging social workers to develop the skills to perform confidently in the court environment, they will be better able to support service users faced with court involvement. This second edition includes contributions from service users, as well as practice examples, so as to make the book interesting and relevant for qualified social workers. The book will assist social workers in meeting their Continuing Professional Development requirements for continuing registration. It also offers a framework for short in-service training courses on court skills and recording, both areas in which social workers' performance comes under the scr

Therapy with Children is a vital resource for any practitioner navigating the legal minefield of working with children and young people. Prioritising the needs of the child as the client, the authors explore the legal and professional dimensions of working therapeutically with children. This long-awaited second edition responds to significant shifts in policy and the revised text additionally addresses: - the importance of confidentiality in establishing a working alliance and maintaining a secure environment for therapy with children - the conflicting pressures faced by therapists concerning issues of parental involvement and children at risk - changes in light of the Children Act 2004, Mental Health Act 2007, and the Axon case - changes in the organisation of child protection - increased provision of therapeutic services for children, particularly in school settings, and the growing numbers of counsellors working with children - the relevance of psychoanalysis in development of child-focused therapy, as well as reference to other therapeutic approaches to child therapy - the urgent case for developing 'confidential spaces' within therapeutic services for children and young people. Illustrated with vivid case examples, Therapy with Children provides stimulating reading and is an excellent source of reference for all psychotherapists and counsellors working with children. The issues here will also be of direct relevance to youth workers, teachers, social workers and health professionals.

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.

The bestselling and most useful aid available for finding all references to FDA and DEA regulations, Interpharm Master Keyword Guide: 21 CFR Regulations of the Food and Drug Administration, is used in hundreds of active pharmaceuticals, pharmaceutical, biotechnology, diagnostic, and device manufacturing companies. And it is in use by every FDA district in the United States to sort their way through their own regulations. Each of the over 20,000 entries is quoted in context to provide instant access to every noun, phrase, and concept used by the DEA and FDA. The KEYWORD and SECTION TITLE are shown in upper case, the Subpart Title and/or Part Title are shown in capitals and lower case.

How to use this guide:
1. Look up the keyword of interest
2. Note the context in which the keyword is mentioned in the section of title and the details of the subpart or part title to determine if it is the reference you need
3. When you find the correct reference, use the section number provided to look up the details of the regulations in the Code of Federal Regulations Title 21

Updated to include the latest changes in 21 CFR, the Interpharm Master Keyword Guide: 21 CFR Regulations of the Food and Drug Administration, 2002-2003 Edition makes it easy to find the exact section you need and apply it correctly.

The fourth edition of this popular text has been expanded to accommodate social workers' continuing need for a thorough grounding in the statutory framework of local authority practice and the wider legal context of social work in the statutory and voluntary sectors. The separate chapter on social work law in Scotland addresses continuing developments in relation to devolved government and new legislation. Since 1996, the pace of change has been remorseless. Part IV of the Family Law Act has been implemented; youth justice in England and Wales has been substantially reformed; the Human Rights Act 1998 impacts on areas of social work practice; and social security law has been significantly amended. The Adoption and Children Act 2002 will both radically reform the law relating to the adoption of children and significantly amend the Children Act 1989. All these important changes, central to social work practice, are addressed in detail.

This book explores the controversial dilemmas which meet at the intersection of medicine philosphy and law - questions concerning killing and not killing which are faced daily in health care. They embrace euthanasia abortion the care of the elderly and the demented the care of the mentally ill children and those in a persistent vegative state. Who Owns our Bodies? identifies a crisis both in ethics and in empowerment as people face often neccessarily wretched choices. It seeks a framework of guidance for practical decision-making and focuses on two key issues. First who decides on an individual's quality of life and thus on their health care treatments? Second how can patients be empowered with a structure to enable choice self-realization self-reflection and self-responsibility? John Spiers with characteristic clarity and verve offers a fundamental choice between health care experienced as hierarchy and control and the alternative of choice and self-responsibilty. He argues that health care must rely on patients deciding how much power they have not on professionals deciding how much to grant them.

Der Umweltstrafbestand des 28. Abschnittes des Strafgesetzbuches zeichnet sich durch eine enge Verzahnung praventiv-verwaltungsrechtlicher und sanktionsrechtlicher Regelungen aus. Der Verfasser erortert Gegenstand und Reichweite der Anbindung des Strafrechts an das korrespondierende Verwaltungsrecht insbesondere in bezug auf die Frage der Behandlung rechtswidriger begunstigender oder belastender Verwaltungsentscheidungen. Ebenso findet sich die Problematik behordlicher Untatigkeit mit den sich hieraus ergebenden Konsequenzen erortert."

This exciting new textbook introduces students to the key aspects of the law and legal frameworks essential for social work practice in Australia. Simple and easy to read, it communicates the complex legal concepts in practice in ways students can easily understand. With a focus on human rights and ethical conduct, it's both concept based, examining the ways of thinking and understanding law and social work interactions, and topic based, exploring the different specific areas of law which social workers are most likely to come into contact with. This is essential reading for any student taking a unit in Social Work Law. Specific to Australia, it accounts for Australian jurisdictions, and can be easily integrated into the classroom context, with case studies, questions for discussion and links to further resources, including interactive resources and a website to support further learning and provide updates to changes in the law between editions.

Guidance on Part J has been revised to ensure that combustion appliances can continue to function safely in more airtight homes. A new requirement has been introduced for the provision of Carbon Monoxide alarms when installing all solid fuel appliances. The changes also remove technical disincentives to the wider use of Biomass heating systems. The new Part J to the Building Regulations is due to come into force in October 2010, to coincide with Parts L and F.

Guidance on Part J has been revised to ensure that combustion appliances can continue to function safely in more airtight homes. A new requirement has been introduced for the provision of Carbon Monoxide alarms when installing all solid fuel appliances. The changes also remove technical disincentives to the wider use of Biomass heating systems. The new Part J to the Building Regulations is due to come into force in October 2010, to coincide with Parts L and F.

Guidance on Part J has been revised to ensure that combustion appliances can continue to function safely in more airtight homes. A new requirement has been introduced for the provision of Carbon Monoxide alarms when installing all solid fuel appliances.

The proposed energy efficiency standards in Part L of the Building Regulations are likely to result in more airtight buildings and it is therefore necessary to amend Part F of the Building Regulations at the same time to ensure that adequate ventilation is provided. The revised Part F will come into force in October 2010.

The proposed energy efficiency standards in Part L of the Building Regulations are likely to result in more airtight buildings and it is therefore necessary to amend Part F of the Building Regulations at the same time to ensure that adequate ventilation is provided. The revised Part F will come into force in October 2010.

The proposed energy efficiency standards in Part L of the Building Regulations are likely to result in more airtight buildings and it is therefore necessary to amend Part F of the Building Regulations at the same time to ensure that adequate ventilation is provided. The revised Part F will come into force in October 2010.