This volume examines the relationship between Christian legal theory and the fields of private law. Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law. While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.

Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates the justification of property, founding it on three pillars: carefully delineated private authority, structural (but not value) pluralism, and relational justice. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people's opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. The book shows how the three pillars of liberal property account for core features of existing property systems, provide a normative vocabulary for evaluating central doctrines, and offer directions for urgent reforms.

This book provides a comprehensive overview of established evidence-based interventions for the problems inherent in parental alienation. The book focuses on helping families and ensuring the needs of the child are met. Increasing attention has been given to the subject of parental alienation in recent years, as divorce rates have increased and more children are being brought up in the context of ongoing parental conflict, risking significant emotional harm. Chapters point to the application of numerous evidence-based interventions that are already available and detail how to identify, assess and intervene effectively with families where parental alienation has been identified. This text will be of interest to those working in the family courts, particularly expert witnesses, clinical psychologists, therapists, social workers, guardians and other legal professionals, in addition to researchers with an interest in parental alienation.

Child Abuse and Neglect examines the latest research on this important topic, discussing what it entails, how to recognize it, and how to report it. The book begins with an overview of child maltreatment including its history, a summary of the research, and the risk factors, before exploring issues of mandated reporting. It then considers different forms of maltreatment - physical abuse, neglect, psychological maltreatment, sexual abuse, fetal abuse, and Munchausen by Proxy Syndrome. The authors discuss incidence estimates and consequences, as well as resiliency, for each type of maltreatment, and then review legal issues including forensic interviewing. The book concludes by providing an overview of what happens to a child after a report is filed along with suggestions for preventing child maltreatment. This edition has been thoroughly updated throughout to cover the latest theory and research. Referencing the DSM-V, the book also features updated coverage of state and federal laws to reflect new legislation, and additional case studies covering real-world events such as the sexual abuse scandals within USA Gymnastics, the Boy Scouts of America, and the Southern Baptist Convention. Written with students in mind, the book features a wealth of engaging learning tools throughout, including: Theory Highlight boxes, Focus on Research boxes, Case Examples, Legal Examples, Focus on Law boxes, Discussion Questions, and Key Terms. It will be essential reading for all students taking courses on child abuse, child maltreatment, family violence, or sexual and intimate violence taught in psychology, human development, education, criminal justice, social work, sociology, women's studies, and nursing. This book will also be an invaluable resource to workers who are mandated reporters of child maltreatment and/or anyone interested in the problem. This book is based on the legal system and the Child Protection System in the United States of America. It is accompanied by a set of online instructor resources.

Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: the aims of provisions stating an obligation to take out liability insurance the mandatory content of insurance cover the protection mechanisms linked to compulsory liability insurance the control mechanisms and the sanctions imposed structural deficiencies of existing compulsory liability insurance systems

As the publishing, film and music industries are dominated by Big Media conglomerates, there is often recourse to simplistic ideological and conspiratorial readings of industry dynamics. Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author explains why copyright is much more than a creator's private property right or a mechanism through which corporations control cultural production and influence mass consumption choices. The volume is grounded in extensive, painstakingly detailed and colourful original archival research into business histories of major successful artists including Conan Doyle, Hall Caine, Margaret Atwood, Dame Nellie Melba, Radiohead and Banksy, and the industries and genres that grew up around their activities. Chapters address big questions about how copyright generates income and how distributions of profits are allocated in the publishing, film and music industries. It includes discussion of the creation of new formats, the interplay between old media and new technologies, international copyright reform and cross-industry relations. Copyright, Creativity, Big Media and Cultural Value is a wide-ranging and important resource for students and practitioners of law and policy, media studies, cultural studies and literary history.

The foundations of tort law in European legal systems differ considerably. Until recently, there was no attempt to harmonize the entire field of tort law in a consistent and comprehensive manner. A group of tort law experts, the 'European Group on Tort Law', is currently engaged in systematically researching the most fundamental questions underlying the various tort law systems. The result of their work is this important series of books, which seeks a common law of Europe without the need to lay these principles down in formal legal texts, such as a European civil code. In this volume, the authors provide an overview of strict liability and its importance in establishing such liability under their respective national tort law system. The concept of strict liability is further examined in an analysis of actual cases. This volume also contains an economic analysis of this area of tort law as well as a comparative report which summarizes and compares the most important elements identified by the individual country reports. In summary, this volume tries to show the common grounds of strict liability in the various legal systems under examination. In addition, it provides the academic and the practitioner with the fundamental issues of strict liability in the countries covered.

This book focuses on the aspects of contracting contracts, basically related to road construction and management contracts. The book presents an analytical study of Performance-Based Road Management and Maintenance (PMMR), Funktionsbauvertrag (FBV) (Function-Based Construction Contract) and Public Private Partnerships (PPP). A separate chapter is also included about the comparative study of these contract types. The book provides useful material for university libraries, construction companies and government departments of construction.

This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. Women's Birthing Bodies and the Law includes contributions from leading feminist philosophers, healthcare professionals, and academics in healthcare and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law.

This sociolegal study focuses on the political, legal and institutional problems and dilemmas of regulating land tenure. By studying the development of the Timorese formal land tenure system, this book engages in the larger debate about the role of state systems in addressing and aggravating social problems such as insecurity, poverty, inequality, destruction of nature, and cultural and social estrangement. Land tenure issues in Timor-Leste are complex and deeply shaped by the nation's history. Taking an insider's perspective based on the author's experience in Timorese state administration, and through the investigation of five analytical themes -political environment, lawmaking, legal framework, institutional framework, and social relationships and practices- this book studies the development of the Timorese formal land tenure system from independence in 2002 to 2018. It shows how political, legal, and administrative decisions on land administration are made, what and who influences them, which problems and dilemmas emerge, and how the formal system works in practice. The result is a portrait of a young nation grappling with the enormous task of creating a land tenure system that can address the needs of its citizens in the wake of centuries of socio-political tumult and huge fluctuations in resources. The book concludes by highlighting the importance of lawmaking and how abuses of power can be curbed by adequate administrative processes and laws. Finally, it argues that land administration is primarily a political matter. The political dimension of technical solutions must be considered if we aim to achieve fairer formal land tenure systems. The pertinence of the topics covered, the multi-disciplinary perspective, and the research methodology followed make this book appealing to a variety of readers, including international organizations, practitioners, academics and students engaged in land administration, post-colonial and -conflict issues, lawmaking, rule of law, public administration and issues of access and exclusion.

This book examines two problems in Private law which are posed by the 'good Samaritan': First, do we have a legal duty to give aid to our fellow human beings? In particular: can we be held liable for damages if we fail to do so? Second, if we do come to the rescue, as the good Samaritan did, will we have any claim for the expenses that we incurred, or perhaps even for a reward? Kortmann examines and compares the varied responses of the Roman, French, German, and English legal systems to these problems, providing the first comprehensive treatment of English law in relation to 'liability for nonfeasance' (or 'liability for omissions') and 'negotiorum gestio' (or 'the doctrine of necessity'). In Part I, Kortmann examines English law which draws a distinction between action and inaction, or 'feasance' and 'nonfeasance'. In general, one is not held liable for failing to act. He explores the theoretical justifications for drawing this distinction and reveals through a short comparative survey the fundamentally different approaches taken in France and Germany, concluding that the English rule of no liability for nonfeasance requires a reconsideration. In Part II the English approach to the problem of reimbursement or reward is examined, detailing its profound differences from the Continental European approach. In principle, English law does not grant the necessitous intervener a claim against the beneficiary of his intervention. Kortamnn examines the theoretical justifications for assuming this position and again concludes that the law deserves reconsideration. Finally, Kortmann concludes by demonstrating close interconnections between the two, traditionally independent issues. He argues that the law ought not to introduce a general duty to intervene without at the same time granting the intervener a claim, at the very least for reimbursement of expenses and compensation of any loss suffered in the course of the intervention.

Within most libraries in the United States today there is an information professional who has become the 'go-to' person for grasping and grappling with copyright questions. While not an attorney, this librarian has developed an awareness and understanding of copyright law, legislation and practice as they relate to a wide variety of library activities. This practical handbook provides a broad overview of copyright librarianship. It is written for information professionals whose area of expertise, specialization or job it is to inform and educate others about the ethical use and best practices surrounding copyrighted materials It is written about the person with solid analytical skills and the ability to adapt and adjust in a rapidly changing environment; someone who can serve as an intermediary between information producers and consumers; someone who is knowledgeable about the law and providing access to information; someone who is well positioned within an organization to answer questions about copyright and provide reliable, accurate, and relevant answers, information, assistance, and guidance when needed. In short: a copyright librarian.

This book contains the most current information on how to implement, develop and maintain an effective Corrective Action and Preventive Action (CAPA) and investigation program using a 9-step closed-loop process approach for medical device, pharmaceutical and biologic manufacturers, as well as any company or institution, which has to maintain a quality system. CAPA violations along with ineffective complaint investigations continue to be the number one cited violation of device warning letters for the past four years, leading the US Food and Drug Administration or FDA to remind firms to fully investigate complaints, find the root cause of nonconforming products and document their CAPA activities. A review of FDA warning letters issued to pharmaceutical companies reveals that most of these warning letters resulted from recurring failures, ineffective investigations found, and missing or inappropriate corrective and preventive actions. Companies often make the mistake of fixing problems in their processes by revising procedures or more commonly by 'retraining' employees that may or may not have caused the problem. This is typically event-focused. Companies then will make the false assumption that the errors have been eradicated. In many cases they will also consider the steps taken as their Preventive Action. The reality is that the causes of the failure were never actually determined; therefore the same problem will recur over and over. CAPA is a complete system that collects information regarding existing and potential quality problems. It analyzes and investigates the issues to identify the root cause of nonconformities. CAPA is not just a quick-fix, simple approach. It is a process and has to be understood throughout organizations. This book addresses all of the above issues, in a pragmatic, down- to-earth manner.

This comprehensive Handbook provides an in-depth analysis of the origin and main substantive provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. A uniquely qualified set of academics and experts from around the world discuss the historical context in which the Agreement was negotiated, its basic principles and the nature of the obligations it creates for WTO members. Together with the second volume ? Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules ? it examines the minimum standards that must be implemented with regard to patents, trademarks, geographical indications, copyright and related rights, integrated circuits and test data. This Handbook is an essential tool for scholars, researchers and advanced students in the field of intellectual property. It also provides materials of direct relevance for policymakers and legal practitioners.

This book reflects on the development of Nigeria's intellectual property law and outlines the urgent need for reform. Bringing together expert contributors from around the world, the book identifies and discusses the inadequacies and lacunas in current intellectual property law, and how it is practiced and applied in Nigeria. The book argues that the revision and reform of Nigeria's intellectual property law will be vital for the country's development and national interests, whilst also recognising that Nigeria's legal provisions must sit within a broader global context. Divided into three parts, the book discusses patents, trademarks, and copyright in the context of broad overarching themes affecting all aspects of intellectual property law. Honouring Professor Adebambo Adewopo SAN, the pioneering thinker in Nigerian intellectual property law, this book will be an important resource for researchers working on African Law.

This book offers a critical examination of the jurisprudence of the World Trade Organization (WTO) as an emancipatory international social contract on trade. The book suggests that the WTO is an international organization built and operating on member states' attribution of authority through consent with legislative, administrative, and adjudicative functions - three functions in one triune personality. With a solid constitutional continuity building on GATT experiences, the WTO has successfully made governments accountable to foreign individuals in various capacities either as traders of goods, providers of services, or holders of intellectual property rights within the global marketplace. With a triune personality, the WTO operates within the reign of state primacy - the force - ultimately for the benefits of individuals - the ends - in the global marketplace, and gains a soul of its own in the institutional evolution - the means - of the global trading regime. Although the tripartite dynamics between states, international institutions, and individuals in the global marketplace are unprecedentedly complex, the WTO's ends of benefiting individuals in the global marketplace has no end. Beyond the critical analysis of WTO's decision-making by consensus, the book critically examines GATT's "common intention" treaty interpretation, Antidumping's NME methodology, TRIPS' public health concerns, and IP-competition trade policy dynamics. A unified WTO jurisprudence looking at the WTO as an international social contract on trade is therefore proposed to allow a fresh look at the force, the means, and the ends of the constitutional evolution of the global trading regime.

This book radically rethinks the philosophical basis of copyright in the arts. The author reflects on the ontology of art to argue that current copyright laws cannot be justified. The book begins by identifying two problems that result from current copyright laws: (1) creativity is restricted and (2) they primarily serve the interests of large corporations over those of the artists and general public. Against this background, the author presents an account of the ontology of artworks and explains what metaphysics can tell us about ownership in the arts. Next, he makes a moral argument that copyright terms should be shorter and that corporations should not own copyrights. The remaining chapters tackle questions regarding the appropriation of tokens of artworks, pattern types, and artistic elements. The result is a sweeping reinterpretation of copyright in the arts that rests on sound ontological and moral foundations. Radically Rethinking Copyright in the Arts will be of interest to scholars and advanced students working in aesthetics and philosophy of art, metaphysics, philosophy of law, and intellectual property law.

This book provides an overview of disability exceptions to copyright infringement and the international and human rights legal framework for disability rights and exceptions. The focus is on those exceptions as they apply to visual art, while the book presents a comprehensive study of copyright's disability exceptions per se and the international and human rights law framework in which they are situated. 3D printing now allows people with a visual impairment to experience 3D reproductions of paintings, drawings and photographs through touch. At the same time, the uncertain application of existing disability exceptions to these reproductions may generate concerns about legal risk, hampering sensory art projects and reducing inclusivity and equity in cultural engagement by people with a visual impairment. The work adopts an interdisciplinary approach, with contributions from diverse stakeholders, including persons with disabilities, cultural institutions and the 3D printing industry. The book sketches the scene relating to sensory art projects. Experts in intellectual property, human rights, disability and art law then critically analyse the current legal landscape relating to disability access to works of visual art at both international and regional levels, as well as across a broad representative sample of national jurisdictions, and identify where legal reform is required. This comparative analysis of the laws aims to better inform stakeholders of the applicable legal landscape, the legal risks and opportunities associated with sensory art and the opportunities for reform and best practice guidelines, with the overarching goal of facilitating international harmonisation of the law and enhanced inclusivity.

Written by a Caribbean-based academic and practitioner Written with an emphasis on contemporary law and how it has evolved this textbook is relevant to LLB students, second level law students and practitioners in the region

This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women's equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.

International copyright law is a complex and evolving field, of manifest and increasing economic significance. Its intellectual challenges derive from the interlocking relationships of multiple international instruments and national or regional laws and judgments.This ground-breaking casebook provides a comprehensive and comprehensible account of international copyright and neighboring rights law, from the cornerstone of the 1886 Berne Convention and the Rome Convention of 1961, through to the 1994 TRIPS Agreement and the 1996 and later WIPO Copyright Treaties. It examines how national laws have implemented the international norms, and explores the issues these sources have left ambiguous or unresolved. Ginsburg and Treppoz, two of the leading lights in international copyright law, bring their expert commentary and provocative questions to judiciously selected extracts from cases, analytical texts, and the texts of the treaties themselves, to develop a deeply nuanced understanding of this field. The approach centers on comprehending the international law and international treaties and, rather than analyzing the treaties in turn and in abstract, offers a concrete issue-by-issue treatment of the subject. Key features of the casebook: - Written by two leading authorities in the field - Carefully selected extracts from primary and secondary sources - Build a clear picture of the field - Expert analytical commentary and questions set the extracts in context - U.S. and E.U. perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments - An issue-based approach that synthesizes the treaties and facilitates a nuanced understanding - Exposition of lacunae in the treaties, and extensive consideration of how private international law fills the gaps - Leads students through the field from beginning to end.

Systemic Bias: Algorithms and Society looks at issues of computational bias in the contexts of cultural works, metaphors of magic and mathematics in tech culture, and workplace psychometrics. The output of computational models is directly tied not only to their inputs but to the relationships and assumptions embedded in their model design, many of which are of a social and cultural, rather than physical and mathematical, nature. How do human biases make their way into these data models, and what new strategies have been proposed to overcome bias in computed products? Scholars and students from many backgrounds, as well as policy makers, journalists, and the general reading public will find a multidisciplinary approach to inquiry into algorithmic bias encompassing research from Communication, Art, and New Media.

After years of research and reflection on the work of the interdisciplinary family justice system Mervyn Murch offers a fresh approach to supporting the thousands of children every year who experience a complex form of bereavement following parental separation and divorce. This stressful family change, combined with the loss of support due to austerity cuts, can damage their education, well-being, mental health and long-term life chances. Murch argues for early preventative intervention which responds to children's worries when they first present them, without waiting until things have gone badly wrong. His radical proposals for reform involve a much more coordinated and joined up approach by schools, the Children and Family Court Advisory and Support Service, and Child and Adolescent Mental Health Services. This book encourages practitioners and academics to look outside their professional silos and to see the world through the eyes of children in crisis to enable services to offer direct support in a manner and at a time when it is most needed.