Kai Draper begins his book with the assumption that individual rights exist and stand as moral obstacles to the pursuit of national no less than personal interests. That assumption might seem to demand a pacifist rejection of war, for any sustained war effort requires military operations that predictably kill many noncombatants as "collateral damage," and presumably at least most noncombatants have a right not to be killed. Yet Draper ends with the conclusion that sometimes recourse to war is justified. In making his argument, he relies on the insights of John Locke to develop and defend a framework of rights to serve as the foundation for a new just war theory. Notably missing from that framework is any doctrine of double effect. Most just war theorists rely on that doctrine to justify injuring and killing innocent bystanders, but Draper argues that various prominent formulations of the doctrine are either untenable or irrelevant to the ethics of war. Ultimately he offers a single principle for assessing whether recourse to war would be justified. He also explores in some detail the issue of how to distinguish discriminate from indiscriminate violence in war, arguing that some but not all noncombatants are liable to attack.

The Globalization of Health Care is the first book to offer a comprehensive legal and ethical analysis of the most interesting and broadest reaching development in health care of the last twenty years: its globalization. It ties together the manifestation of this globalization in four related subject areas - medical tourism, medical migration (the physician "brain drain"), telemedicine, and pharmaceutical research and development, and integrates them in a philosophical discussion of issues of justice and equity relating to the globalization of health care.
The time for such an examination is right. Medical tourism and telemedicine are growing multi-billion-dollar industries affecting large numbers of patients. The U.S. heavily depends on foreign-trained doctors to staff its health care system, and nearly forty percent of clinical trials are now run in the developing world, with indications of as much of a 10-fold increase in the past 20 years. NGOs across the world are agitating for increased access to necessary pharmaceuticals in the developing world, claiming that better access to medicine would save millions from early death at a relatively low cost. Coming on the heels of the most expansive reform to U.S. health care in fifty years, this book plots the ways in which this globalization will develop as the reform is implemented.

Lawyer misconduct affects many people: clients, adversaries, opposing counsel, judges, the legal profession, and society at large. The records of disciplinary proceedings offer a penetrating, and largely ignored, perspective on how lawyers misbehave. Because the lawyers' professional lives are at stake, the factual records are extraordinarily detailed and the lawyers surprisingly open about their motivations and justifications.
In Lawyers on Trial, Richard L. Abel presents the stories of ten California lawyers who broke the rules: hiring an ex-cop to chase ambulances, flouting fee limitations in medical malpractice cases, creating a fictitious company and impersonating non-existent people in order to appropriate Sega's computer games, a former California Real Estate Commissioner defrauding developers and financiers, helping a represented co-defendant negotiate a plea without his lawyer's participation or knowledge, and defying a judge's sealing order and his own client's wishes for closure in order to champion the "defenseless" and "oppressed" and protect "widows and children." The book begins by showing how nearly a century of political struggle over self-regulation shapes the way the disciplinary system selects and processes cases and concludes by canvassing reforms that could improve the performance of the legal profession.
Lawyers on Trialwill be invaluable for those contemplating law school, law students and teachers of professional responsibility, continuing legal education classes, lawyers encountering ethical dilemmas in their practice or trying to understand misbehaving colleagues, members of the public thinking of retaining a lawyer, and clients dealing with their own lawyers.

Effective Communication for Lawyers is an essential guide to communicating in the radically and rapidly changing environment of professional law today. The book offers a deep dive into understanding communication as behaviour, as well as practical tools and insights. It connects theory to practice in order to improve client communication, support the current transformation of legal work and prepare readers for future developments and disruptions in the legal profession. Key Features: Introduces 'The Dialogue Box' and explains how to use this foundational communication tool in everyday legal work Provides a solid grounding in the theoretical context and expands the horizons of the relationship between law and communication Offers the reader a clear understanding of why they are communicating and enables effective use of various channels, tools and skills of communication This book will be crucial reading for all practising lawyers, as well as arbitrators, mediators and negotiators. It will also be helpful for law students looking to develop their communication skills ahead of going into practice.

Compliance and Ethics in Law Firms provides guidance on SRA regulations for non-lawyers working in law firms and for those who are responsible for ensuring that they comply with the SRA's rules (such as COLPs, COFAs and learning and development professionals). There are regulatory and legal consequences both for these individuals and for their firms if they fail to demonstrate the correct behaviours. It is therefore essential that everyone who works in a law firm understands the compliance and ethical requirements of SRA regulations. The second edition of this book has been updated to aid compliance with the SRA Standards and Regulations, which replaced the SRA Handbook in November 2019, as well as relevant tribunal decisions. The text has been revised to take account of the Money Laundering Regulations 2017, the Criminal Finances Act 2017, the EU General Data Protection Regulation (GDPR) and the Data Protection Act 2018. These changes are of great significance and this edition will explain them and provide the reader with a toolkit of regulatory and ethical knowledge which can be applied to their specific circumstances.

Globally, countries are faced with a complex act of statecraft: how to design and defensible complaints and discipline regime. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency. The jurisdictions examined are Australia, Canada, China, Croatia, England and Wales, India, Italy, Japan, the Netherlands, Nigeria, Poland, South Africa, and the United States. The core findings are four-fold. First, the norms and practices of each discipline regime differ in ways that reflect distinct social, political, and cultural contexts. Second, some jurisdictions are doing better than others in responding to challenges of designing a nuanced and normatively defensible regime. Third, no jurisdiction has yet managed to construct a regime that can be said to adequately promote public confidence. Finally, important lessons can be learned through analysis of, and critically constructive engagement with, other jurisdictions. The first comprehensive comparative collection on judicial discipline systems, Disciplining Judges, will inspire new conversations among academics, students, judges, governmental officials and political scientists.

This timely Research Handbook offers significant insights into an understudied subject, bringing together a broad range of socio-legal studies of medicine to help answer complex and interdisciplinary questions about global health - a major challenge of our time. Interdisciplinary chapters explore both how the terrain of medicine can generate new questions about law, regulation and the state, and how the law intersects with health and medicine at every level. Bringing together leading international scholars, the Research Handbook assembles concrete case studies to suggest avenues for further research on socio-legal inquiries, such as the construction of disorders by law, the reparation of injuries, and how race and gender impact justice. The Research Handbook for Socio-Legal Studies of Medicine and Health will be an inspiring read for researchers, academics and graduate students in the fields of health law, socio-legal studies, and gender and sexuality. Contributors include: P. Arcidiacono, J. Barbot, L. Barrera, E. Bernheim, E. Brennan, B. Can, E. Chiarello, E. Cloatre, V. De Greef, N. Dodier, A. Doll, J. Edwards, A.-M. Farrell, J.A. Hamilton, R. Harding, J. Harrington, H.R. Hlavka, C.W.-L. Ho, K. Hoeyer, I. Iyioha, M.-A. Jacob, V. Karavas, A. Kirkland, J. Metzl, D. Moore, C. Morrill, L. Mulcahy, S. Mulla, T. Phillips, J. Piemonte, R. Singh, M. Suchman, M. Thomson, S. Westwood

When is a gift not a gift? When it's a bribe. For many, corporate hospitality oils the wheels of commerce. But where do you draw the line? Bribes, incentives and inducements are not just a matter of used banknotes stuffed in brown envelopes. Expenses, corporate settlement of personal bills, gifts and hospitality can all be used to influence business partners, clients and contractors. Can you afford unlimited fines? Under the Bribery Act 2010, a maximum of ten years' imprisonment and an unlimited fine may be imposed for offering, promising, giving, requesting, agreeing, receiving or accepting bribes. With such strict penalties, it's astonishing that so few companies have few or no measures in place to ensure that they are not liable for prosecution. This is especially astonishing as the Ministry of Justice's Quick start guide to the Bribery Act makes it clear that "There is a full defence if you can show you had adequate procedures in place to prevent bribery." Such procedures can be found in BS 10500:2010, the British Standard for anti-bribery management systems (ABMSs). How to implement an ABMS An Introduction to Anti-Bribery Management Systems (BS 10500) explains how to implement an ABMS that meets the requirements of BS 10500, from initial gap analysis to due diligence management: * An introduction to BS 10500 * An explanation of an ABMS * Management processes within an ABMS * Implementing an ABMS * Risk assessment in due diligence * Whistleblowing and bribery investigations * Internal auditing and corrective action * Certification to BS 10500 It provides helpful guidance on the importance of clearly defining policies; logging gifts and hospitality in auditable records; ensuring a consistent approach across the organisation; controls for contractors; facilitation payments; charitable and political donations; risk assessment in due diligence; whistle-blowing and bribery investigations; and internal auditing and corrective action. Meet the stringent requirements of the Bribery Act Not only will a BS 10500-compliant ABMS help your organisation prove its probity by meeting the stringent requirements of the Bribery Act, it can also be adapted to most legal or compliance systems. An ethical approach to business is not just a legal obligation but a way to protect your reputation. About the author Alan Field, MA, LL.B (Hons), PgC, MCQI CQP, MIIRSM, AIEMA, GIFireE, GradIOSH is a Chartered Quality Professional, an IRCA Registered Lead Auditor and member of the Society of Authors. Alan has particular expertise in auditing and assessing anti-bribery management systems to BS 10500 and public-sector counter-fraud systems to ISO9001. Alan has many years' experience with quality and integrated management systems in the legal, financial, property services and project management sectors in auditing, assessment and gap analysis roles. Your company's integrity is important. An Introduction to Anti-Bribery Management Systems (BS 10500) shows you how to maintain and prove it.

This book examines patent law and policy in biotechnology across the full lifecycle of the patent, focusing on the patent bargain and the public interest. It considers the central issues of how to strike an effective balance of rights, and whether public interest is adequately safeguarded - two issues that are particularly important in areas of rapidly emerging technology. Expert contributors are brought together to explore patent eligibility in biotechnology, focusing on the fields of precision medicine, biofabrication and non-invasive prenatal testing. Chapters also explore the construction and coherence of exceptions to patentability,an examination of FRAND licensing in the context of the internet of medical things, and the possibility of using licensing to encourage or ensure the ethical use of patented technologies. With its carefully constructed analysis, this book will be an excellent resource for academic researchers, and students, in the fields of biotechnology law, pharmaceutical law and intellectual property law. It will also be useful for legal practitioners and policymakers, as well as charitable bodies and non-governmental organisations.

11 Oak Street is the true story of how the Queen's bankers, Coutts & Co, sent two cashier's cheques to the law firm of Urie Walsh in San Francisco with the wrong address on the envelope (11 Oak Street instead of 1111 Oak Street), setting off a chain of events that led to the abduction of a three-year-old child from Bristol, England, to San Francisco, California. It is a horrifying story of greed, ineptness, corruption, stupidity and wasted years as the father tries to seek justice and access to his son in the midst of a thirteen-year nightmare that even Kafka could not have thought up. If you want to read about the seven California lawyers involved in this story who either went to jail, were disbarred, or resigned with charges pending, and inept judges who broke all the rules or were disciplined, this is the book for you. This is a story that would never have happened if those concerned had fulfilled their duties correctly and not broken the law. If Graham Cook, the author, had known then what he knows now, there would have been no story and he would not have gone bankrupt, become homeless or, through the actions of his own brother, ended up in a California jail. This is the book the California Judges Association refused to let the author promote to its members, since it reveals in detail the judicial abuse by some of their past and present members whose conduct will shock and disgust any right- minded person. The best way to describe this book is that everything that could go wrong went and if the internet was around at the start of the nightmare most of what went on in this book would not have happened.This is a book where certain people have gone to extraordinary lengths to stop people buying and have dismally failed in their objective.

Setting out the current rules on legal professional privilege (LPP), with specific attention to their relevance in EU competition investigations, this comprehensive book analyses the practice of LPP by the European Commission and its interpretations in the European Courts. It also compares this to practice in the EU Member States, as well as other jurisdictions including Japan, the UK, and the US. Key Features: An overview of the history of LPP Discussions on the practice of LPP in the EU and globally Commentary on the relevant case law of the EU courts in relation to LPP in EU competition investigations Analysis of LPP in competition investigations in the EFTA countries, EU Member States, and other jurisdictions This book will be an essential resource for competition practitioners – both private practitioners and in-house counsel – as well as officials at the Commission and at the competition authorities and enforcement agencies.

This Research Handbook offers crucial ethical perspectives on navigating the increasingly complex and contested landscape of contemporary energy law. Taking an interdisciplinary approach, it brings together diverse scholarship and expertise from academia, international organizations, legal practice and the judiciary to address wide-ranging issues linking energy and law to ethical drivers such as wealth, peace and war, development, climate change, and use and abuse of natural resources. The Handbook investigates first the governing dynamics of energy, law and ethics, providing a conceptual overview of key topics. It then examines the ethics of financing energy projects, renewable energy transition and climate change mitigation. The final part is a case study of energy, law and ethics in practice. Throughout, the Handbook draws on the vital underlying theme of intergenerational equity, offering a toolbox of arguments for framing the law and policies that will shape the future of the planet. The Research Handbook on Energy, Law and Ethics will be an essential resource for scholars and practitioners working in all areas of energy law, particularly its intersections with climate change, renewable energy transition and environmental justice. Negotiators and policymakers will also find its delineation of current debates and reference to practical experience invaluable.

The fourth edition of this bestselling guide to money laundering compliance has been updated to take account of significant developments in legislation and best practice including: - the replacement of the Money Laundering Regulations 2007 with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 - the replacement of the Law Society's practice note with the Legal Sector Affinity Group's guidance - the introduction of the Criminal Finances Act 2017 - the National Crime Agency succeeding the Serious Organised Crime Agency. User-friendly and practical, the book provides an overview of the substantive law and guidance on reporting suspicions, managing money laundering procedures and spotting money laundering activities in a solicitor's practice, as well as the full text of the Anti-Money Laundering Guidance for the Legal Sector, making it an essential resource for ensuring compliance.

Strategies for effective problem-solving and decision-making are efficient ways for professionals to solve the moral dilemmas that confront them in their daily practice. Feelings of wellbeing and positive outcomes, often impeded by the failure to make decisions, can result when strategies are developed from psychological theories and positive mindsets. Ethical Problem-Solving and Decision-Making for Positive and Conclusive Outcomes is a pivotal reference source that synthesizes major psychological theories to show that any moral dilemma can be solved by using the correct positive mindset based on psychological theory and superimposing a basic ethical template to reach a conclusive decision. While highlighting topics such as cultural identity, student engagement, and education standards, this book is ideally designed for clinical practitioners, psychologists, education professionals, administrators, academicians, and researchers.

Today's practitioners and researchers are looking, now more than ever, at the ethical issues that are raised through the practice of social work and social services. As such, it is crucial that they are up-to-date on the latest data on how to address, manage, and overcome ethical issues in their practice. Ethical Issues in Social Work Practice is a pivotal reference source for the latest research on the role of moral values within social work and the ethical dilemmas that arise in the profession. Highlighting extensive coverage among a variety of applicable perspectives and themes, such as governing principles of social work practice, ethical analysis of social work cases, and individual and social responsibility in social services, this book is ideally designed for professionals and researchers working in the field of social work and social services as well as academics and upper-level students seeking cutting-edge research on ethics in the practice of social work.