The medical liability crisis continues to grow at an alarming rate and has particularly impacted perinatal and neonatal practice. This book focuses on issues which have a high vulnerability to claims of medical negligence. Its objective is the recognition of high-risk situations and the appropriate means to diagnose, treat, and document the response to such situations. Emphasis on record keeping, communication, and anticipatory behaviour is stressed. Chapters are accompanied by commentaries aimed at presenting alternative strategies. Authors have been chosen for their expertise in the subject and their abilities to communicate their points of view.

This unique text focuses on an aspect of medical and nursing practice which has become a major area of importance in the medico-legal arena. The editors have made a special effort to aid both the medical and legal sectors in understanding the important issues involved in medical negligence cases. This book will help remedy this situation by examining the "red flags" in several high risk situations to enable the development of a prospective approach to risk management. The contributors are internationally recognised experts from the field of obstetrics, neonatology, nursing and hospital administration, as well as the legal profession.

The editors believe that this book will serve to bring about changes in the behaviour of health care professionals which will ultimately improve the quality of care that they give to their patients. This text should be on the bookshelf of any individual involved in the medical care of the pregnant woman and her newborn.

This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.

Nuclear Weapons under International Law is a comprehensive treatment of nuclear weapons under key international law regimes. It critically reviews international law governing nuclear weapons with regard to the inter-state use of force, international humanitarian law, human rights law, disarmament law, and environmental law, and discusses where relevant the International Court of Justice's 1996 Advisory Opinion. Unique in its approach, it draws upon contributions from expert legal scholars and international law practitioners who have worked with conventional and non-conventional arms control and disarmament issues. As a result, this book embraces academic consideration of legal questions within the context of broader political debates about the status of nuclear weapons under international law.

This book deals with the implementation of the rights of the child as enshrined in the Convention on the Rights of the Child in 21 countries from Europe, Asia, Australia, and the USA. It gives an overview of the legal status of children regarding their most salient rights, such as the implementation of the best interest principle, the right of the child to know about of his/her origin, the right to be heard, to give medical consent, the right of the child in the field of employment, religious education of children, prohibition of physical punishment, protection of the child through deprivation of parental rights and in the case of inter-country adoption. In the last 25 years since the Convention on the Rights of the Child was adopted, many States Parties to the Convention have made great efforts to pass legislation regulating the rights of the child, in their commitment to the improvement of the legal status of the child. However, is that enough for any child to live better, safer, and healthier? What are the practical effects of this international as well as many national instruments in the everyday life of children? Have there been any outcomes in terms of improvement of their status around the world, and improvement of the conditions under which they live, since the Convention entered into force? In tackling these questions, this work presents a comparative overview of the implementation of the Convention, and evaluates the results achieved.

Ten years after his untimely death, Norman Calder is still considered a luminary in the field of Islamic law. At the time he was one among a handful of scholars from the West who were beginning to engage with the subject. In the intervening years, much has changed, and Islamic law is now understood as fundamental to any engagement with the study of Islam, its history, and its society, and Dr. Calder s work is integral to that engagement. In this book, Colin Imber has put together and edited four essays by Norman Calder that have never been previously published. Typically incisive, they categorize and analyze the different genres of Islamic juristic literature that was produced between the tenth and fourteenth centuries, showing what function they served both in the preservation of Muslim legal and religious traditions and in the day-to-day lives of their communities. The essays also examine the status and role of the jurists themselves and are to be particularly welcomed for giving clear answers to the controversial questions of how far Islamic law and juristic thinking changed over the centuries, and how far it was able to adapt to new circumstances. In his introduction to the volume, Robert Gleave assesses the place and importance of Norman Calder s work in the field of Islamic legal studies. This is a groundbreaking book from one of the most important scholars of his generation."

The Clash of Medical Evidence and the Law in the Breast Implant Case

"An accessible, passionate indictment of the ignorance, opportunism and social indifference that enriched lawyers and a few plaintiffs, though the available scientific evidence was against them." —New York Times Book Review Notable Books of 1996

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

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

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

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

Ivo of Chartres was one of the most learned scholars of his time, a powerful bishop and a major figure in the so-called 'Investiture Contest'. Christof Rolker here offers a major new study of Ivo, his works and the role he played in the intellectual, religious and political culture of medieval Europe around 1100 AD. Comparing Ivo's extensive correspondence to the contemporary canon law collections attributed to him, Dr Rolker provides a new interpretation of their authorship. Contrary to current assumptions, he reveals that Ivo did not compile the Panormia, showing that its compiler worked in a distinctly different mental framework from Ivo. These findings call for a reassessment of the relationship between Church reform and scholasticism and shed new light on Ivo as both a scholar and bishop.

The Canonization of Islamic Law tells the story of the birth of classical Islamic law in the eighth and ninth centuries CE. It shows how an oral normative tradition embedded in communal practice was transformed into a systematic legal science defined by hermeneutic analysis of a clearly demarcated scriptural canon. This transformation was inaugurated by the innovative legal theory of Muhammad b. Idris al-Shafi'i (d. 820 CE), and it took place against the background of a crisis of identity and religious authority in ninth-century Egypt. By tracing the formulation, reception, interpretation and spread of al-Shafi'i's ideas, the author demonstrates how the canonization of scripture that lay at the heart of al-Shafi'i's theory formed the basis for the emergence of legal hermeneutics, the formation of the Sunni schools of law, and the creation of a shared methodological basis in Muslim thought.

Christian Law: Contemporary Principles offers a detailed comparison of the laws of churches across ten distinct Christian traditions worldwide: Catholic, Orthodox, Anglican, Lutheran, Methodist, Reformed, Presbyterian, United, Congregational and Baptist. From this comparison, Professor Doe proposes that all denominations of the faith share common principles in spite of their doctrinal divisions; and that these principles reveal a concept of 'Christian law' and contribute to a theological understanding of global Christian identity. Adopting a unique interdisciplinary approach, the book provides comprehensive coverage on the sources and purposes of church law, the faithful (lay and ordained), the institutions of church governance, discipline and dispute resolution, doctrine and worship, the rites of passage, ecumenism, property and finance, as well as church, State and society. This is an invaluable resource for lawyers and theologians who are engaged in ecumenical and interfaith dialogue, showing how dogmas may divide but laws link Christians across traditions.

How does the use of military drones affect the legal, political, and moral responsibility of different actors involved in their deployment and design? This volume offers a fresh contribution to the ethics of drone warfare by providing, for the first time, a systematic interdisciplinary discussion of different responsibility issues raised by military drones. The book discusses four main sets of questions: First, from a legal point of view, we analyse the ways in which the use of drones makes the attribution of criminal responsibility to individuals for war crimes more complicated and what adjustments may be required in international criminal law and in military practices to avoid 'responsibility gaps' in warfare. From a moral and political perspective, the volume looks at the conditions under which the use of military drones by states is impermissible, permissible, or even obligatory and what the responsibilities of a state in the use of drones towards both its citizens and potential targets are. From a socio-technical perspective, what kind of new human machine interaction might (and should) drones bring and which new kinds of shared agency and responsibility? Finally, we ask how the use of drones changes our conception of agency and responsibility. The book will be of interest to scholars and students in (military) ethics and to those in law, politics and the military involved in the design, deployment and evaluation of military drones.

Drawing on ethnographic research, Living Sharia examines the role of sharia in the sociopolitical processes of contemporary Malaysia. The book traces the contested implementation of Islamic family and criminal laws and sharia economics to provide cultural frameworks for understanding sharia among Muslims and non-Muslims. Timothy Daniels explores how the way people think about sharia is often entangled with notions about race, gender equality, nationhood, liberal pluralism, citizenship, and universal human rights. He reveals that Malaysians' ideas about sharia are not isolated from-nor always opposed to-liberal pluralism and secularism. Living Sharia will be of interest to scholars as well as to policy makers, consultants, and professionals working with global NGOs.

Frederik Born vergleicht die Besteuerung von Kapitalgesellschaften in Australien und Deutschland, wobei er das australische Koerperschaftsteuerrecht aus deutscher Perspektive fur Wissenschaft und Praxis aufbereitet. Der Rechtsvergleich orientiert sich an Problemen, mit denen sich Gesetzgeber weltweit auseinandersetzen mussen, um ein (geschlossenes) Koerperschaftsteuersystem zu erzeugen. Dem jeweiligen Kapitel stellt der Autor international diskutierte Loesungsansatze voran, bevor er das australische und deutsche Recht darstellt und in einer vergleichenden Betrachtung zusammenfuhrt.

Former Archbishop of Canterbury Rowan Williams triggered a storm of protest when he suggested that some accommodation between British law and Islam's shari'a law was 'inevitable'. His foundational lecture introduced a series of public discussions on Islam and English Law at the Royal Courts of Justice and the Temple Church in London. This volume combines developed versions of these discussions with new contributions. Theologians, lawyers and sociologists look back on developments since the Archbishop spoke, and forwards along trajectories opened by the historic lecture. The contributors provide and advocate a forward-looking dialogue, asking how the rights of all citizens are honoured and their responsibilities met. Twenty specialists explore the evolution of English law, the implications of islam, shari'a and jihad, and the principles of the European Convention on Human Rights, family law and freedom of speech. This book is for anyone interested in the interaction between religion and secular society.

This pioneering study examines the process of reasoning in Islamic law. Some of the key questions addressed here include whether sacred law operates differently from secular law, why laws change or stay the same and how different cultural and historical settings impact the development of legal rulings. In order to explore these questions, the author examines the decisions of thirty jurists from the largest legal tradition in Islam: the Hanafi school of law. He traces their rulings on the question of women and communal prayer across a very broad period of time - from the eighth to the eighteenth century - to demonstrate how jurists interpreted the law and reconciled their decisions with the scripture and the sayings of the Prophet. The result is a fascinating overview of how Islamic law has evolved and the thinking behind individual rulings.

`This stimulating volume of essays seamlessly integrates theoretical and practical perspectives to wrestle with fundamental issues of law and legal education in the 21st century. Using an integrated framework, the editors demonstrate that the challenges raised by internationalization can no longer be left to a small group of comparative and international lawyers, but rather require fundamental engagement from everyone in the law. Highly recommended.' - Thomas Ginsburg, University of Chicago Law School, US `This is a rich and fascinating collection of essays on the internationalisation of law. It offers an important exploration of what lies ahead in making law, resolving disputes and researching and teaching law in an increasingly globalising world. Academics and practitioners all over the world will find this book immensely useful.' - Jan M. Smits, Tilburg University, The Netherlands `This fascinating collection of essays marks the 20th anniversary of Bond Law School in Australia. The essays deal with the internationalisation of law in all its dimensions, whether it be in law teaching, legal research, legislation or attitudes to risk and regulation which is particularly pertinent in view of the global financial crisis. The breadth of coverage of the book increases its appeal to scholars and policy makers from a range of sub-disciplinary perspectives. It deserves to be read widely and is an extremely valuable addition to any practitioner or academic library.' - Gerard McCormack, University of Leeds, UK This insightful book explores the acute challenges presented by the `internationalisation' of law, a trend that has been accelerated by the growing requirement for academics and practitioners to work and research across countries and regions with differing legal traditions. The authors have all confronted these challenges of internationalisation through their extensive knowledge and experience in civil law, common law and mixed jurisdictions around the globe. Their analysis of the implications for researchers and teachers, as well as practitioners, law-makers and reformers is original and their different proposals for dealing with the challenges are both practical and at times, radical. This book is a must-read for those exposed to the internationalisation of law, be they academics, cross border practitioners, judges, arbitrators, or those engaged in legal reform and policy.

Declaring War directly challenges the 200-year-old belief that Congress can and should declare war. By offering a detailed analysis of the declarations of 1812, 1898 and the War Powers Resolution of 1973, the book demonstrates the extent of the organizational and moral incapacity of Congress to declare war. It invokes Carl von Clausewitz's dictum that 'war is policy' to explain why declarations of war are an integral part of war and proposes two possible remedies - a constitutional amendment or, alternatively, a significant re-organization of Congress. It offers a comprehensive historical, legal, constitutional, moral and philosophical analysis of why Congress has failed to check an imperial presidency. The book draws on Roman history and international law to clarify the form, function and language of declarations of war and John Austin's speech act theory.

When first published in 1958, The Canons of the Council of Sardica, AD 343 at once became the standard account of the canons passed by the Western bishops assembled at Serdica in 343 and the thinking on Church matters that lay behind them. In this new edition Hamilton Hess has updated his account in the light of recent literature, included new material and the full texts of the canons, and translated all quotations into English to reach a wider audience. Three new opening chapters make a fresh contribution to the study of early church history in giving a comprehensive analysis of the rise of the conciliar movement from its earliest beginnings to the fourth-century establishments of councils as exclusively episcopal legislative assemblies. It is also shown that the emergence of canon law was a gradual evolutionary process leading towards the sixth-century organization of canonical collections as juridical ecclesiastical codes parallel with and complementary to the contemporary civil codes of the Roman empire.

This book explores the relationship between law and geography, particularly in relation to globalisation - of law, commerce, environmental change and society - which renders relations between the local and the global more significant. The book is structured according to conceptual frames - boundaries, land, property, nature, identity (persons, peoples and places), culture and time, and knowledge.

William Hay Macnaghten (1793 1841), of the Bengal Civil Service, published this work in 1825. It is a compilation of principles and precedents of Islamic law, focusing on family, inheritance and property law, including the status of slaves. Born in India and from a legal family, Macnaghten used his skill in languages as well as his legal training to produce this monumental work, and a similar two-volume treatise on Hindu law (1828 9). Quoting from both Sanskrit and Arabic sources, Part I discusses the principles of family law, inheritance, sales, wills, and slavery, while Part II offers precedents in all these areas, and an appendix gives details of the cases cited. Macnaghten was involved in political as well as legal work, and the disastrous First Anglo-Afghan War was begun largely on his advice. He was killed by an Afghan leader during negotiations outside Kabul in 1841.

Originally published in 1792, this work was revised (incorporating new material) and corrected for the 1805 edition, reissued here. As a ship's purser and occasional Judge Advocate, Delafons had considerable experience of advising in naval courts martial, including first-hand involvement for the defence in the trial of Peter Heywood, a midshipman on board H.M.S. Bounty during the mutiny of 1789. He intended this work to be a textbook for conducting judicial proceedings in the Royal Navy, and it is also now a fundamental text for historians and researchers in both the legal and naval history of a period of British maritime supremacy. Delafons covers the subjects of jurisdiction, evidence, sentencing, and the roles of individuals within the trial. He also makes a comparison between the law of the Navy and its practical applications and that of the civil courts, and examines the development of the Naval Code itself.

Far from regarding the law as supreme, corporations approach law as an element of executive thought and action aimed at optimizing competitiveness. The objective of this book is to identify, explore and define corporate legal strategies that seek advantage in the opportunities revealed when the Law is perceived as a resource to be mobilized and aligned with the firm's business and economic agendas.

If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction - that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.

In recent years, a number of global claims have failed because they were presented without any systematic analysis, justification or proper calculation of losses. Hence, Global Claims in Construction highlights these issues as well as the importance of understanding causation, factual necessity and the courts' attitude and approach to global claims. Global Claims in Construction addresses the principles of global claims and their calculation methodologies in detail through extensive references to literature, case law and a real world case study. It aims to be a valuable resource for professionals working in the construction industry, as well as students in construction and engineering.

With the end of the Second World War a new world order arose based on the prohibition of military force in international relations, and yet since 1945 British troops have been regularly deployed around the globe: most notably to Korea, Suez, Cyprus, and the Falklands during the Cold War; and Kuwait, Bosnia, Kosovo, Afghanistan and Iraq since the fall of the Berlin Wall. British forces have been involved in many different capacities: as military observers, peacekeepers, peace-enforcers, state-builders and war-fighters. The decisions to deploy forces are political ones made within several constitutional frameworks, national, regional and international. After considering the various legal and institutional regimes, this book examines the decision to deploy troops from the perspective of international law.
In its military interventions Britain has consistently tried to utilize international law to justify its actions, though often it argues against orthodox interpretation of the laws. In gauging whether its actions are in breach of international law we can again make judgments at different levels using various forms of accountability - from judicial fora (for example the International Court of Justice in The Hague or the European Court of Human Rights in Strasbourg), to political ones (the UN General Assembly in New York or the House of Commons in Westminster). While this book examines international and regional mechanisms, tumultuous debates on the Suez crisis, Afghanistan, Iraq and others in the House of Commons and its Committees are highlighted to show how international law impacts upon domestic politics. In considering whether democratic accountability is effective in upholding the principles of international law, this book throws new light on an old democracy, and thereby makes a contribution to the current reform proposals that are aimed at improving democratic decision-making.

Volume 5 considers the liability of Internet providers, the protection of personal data, and the criminal liability of users and firms. It offers practical explanations of laws pertaining to telemedia, telecommunications, databases, IT security, and media criminal liability.