Scientific advances and economic forces have converged to create something unthinkable for much of human history: a robust market in human body products. Every year, countless Americans supply blood, sperm, and breast milk to "banks" that store these products for later use by strangers in routine medical procedures. These exchanges entail complicated questions. Which body products are donated and which sold? Who gives and who receives? And, in the end, who profits? In this eye-opening study, Kara Swanson traces the history of body banks from the nineteenth-century experiments that discovered therapeutic uses for body products to twenty-first-century websites that facilitate a thriving global exchange. More than a metaphor, the "bank" has shaped ongoing controversies over body products as either marketable commodities or gifts donated to help others. A physician, Dr. Bernard Fantus, proposed a "bank" in 1937 to make blood available to all patients. Yet the bank metaphor labeled blood as something to be commercially bought and sold, not communally shared. As blood banks became a fixture of medicine after World War II, American doctors made them a frontline in their war against socialized medicine. The profit-making connotations of the "bank" reinforced a market-based understanding of supply and distribution, with unexpected consequences for all body products, from human eggs to kidneys. Ultimately, the bank metaphor straitjacketed legal codes and reinforced inequalities in medical care. By exploring its past, Banking on the Body charts the path to a more efficient and less exploitative distribution of the human body's life-giving potential.

For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.

Dieser Sammelband enthalt die schriftlich ausgearbeiteten Vortrage der am 19. und 20. September 2016 an der Technischen Universitat Berlin unter der Themenstellung "Schnittfelder von Bauleitplanung und raumbezogenen Fachplanungen - Fach- und Rechtsfragen in der Planungspraxis" stattgefundenen wissenschaftlichen Fachtagung. Im Mittelpunkt der Ausfuhrungen stehen aktuelle Fragestellungen zu einzelnen bedeutsamen Schnittfeldern beider Rechtsbereiche wie planfeststellungsersetzenden Bebauungsplanen, Anforderungen an die Eingriffsbewaltigung, Abschichtung von Raumordnung und Bauleitplanung, die Bedeutung von Fachkonventionen und Arbeitshilfen, das Verhaltnis zu privilegierten Fachplanungen, Anpassungspflichten an den Flachennutzungsplan oder auch zu Fragen des Rechtsschutzes gegen Ziele der Raumordnung.

On June 23, 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in the Fort Trumbull area and transfer them to a new private owner. The use of eminent domain to take private property for public works is generally considered a permissible "public use" under the Fifth Amendment. In New London, however, the land was condemned to promote private "economic development." Ilya Somin argues that Kelo represents a serious - and dangerous-error. Not only are economic development and closely related blight condemnations unconstitutional under most theories of legal interpretation, they also tend to victimize the poor and the politically weak, and to destroy more economic value than they create. Kelo exemplifies these patterns: the neighbors who chose to fight their evictions had little political power, while the influential Pfizer Corporation played an important role in persuading officials to proceed with the project. In the end, the poorly conceived development plan failed: the condemned land lies empty to this day. A notably unpopular verdict, Kelo triggered an unprecedented political backlash, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new state laws turned out to impose few or no genuine constraints. The Kelo backlash led to significant progress, but not nearly as much as it would first appear. Despite its outcome, the closely divided ruling in Kelo shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use. With controversy over this issue sure to continue, The Grasping Hand offers an analysis of the case alongside a history of the meaning of public use and the use of eminent domain and an evaluation of options for reform.

In 1954, the Hai||om people were evicted from Etosha by the South African-controlled South West African Administration. In 2015, the Hai||om filed the case of Tsumib v Government of the Republic of Namibia in the High Court of Namibia. “We are beggars on our own land” unravels the historical and contemporary socio-legal complexities that led to the Tsumib case. At the core of the case lies the legal question, how can the Hai||om people approach the Namibian Courts in order to claim compensation for the loss of their ancestral lands?

Odendaal goes into detail how the Tsumib case materialised under the post-independence Namibian constitutional discourse. He assesses the Namibian land reform programme and its oversight in dealing with historical land dispossessions. He inspects Hai||om “identity” and how it was used to strengthen their case. He concludes with an examination of Namibia’s outdated and restrictive legal framework, which ultimately denied the Hai||om people their constitutional right to be heard in the Namibian Court.

While the future of ancestral land claims in Namibia depends on the political will of the Namibian government, Odendaal argues that the Namibian courts have a duty to comply with the rights giving nature of the Namibian Constitution that lays the foundation for the Hai||om people’s ancestral claims.

Courts, regulatory tribunals, and international bodies are often seen as a last line of defense for environmental protection. Governmental bodies at the national and provincial level enact and enforce environmental law, and their decisions and actions are the focus of public attention and debate. Court and tribunal decisions may have significant effects on environmental outcomes, corporate practices, and raise questions of how they may best be effectively and efficiently enforced on an ongoing basis.Environment in the Courtroom, Volume II examines major contemporary environmental issues from an environmental law and policy perspective. Expanding and building upon the concepts explored in Environment in the Courtroom, it focuses on issues that have, or potentially could be, the subject of judicial and regulatory tribunal processes and decisions. This comprehensive work brings together leading environmental law and policy specialists to address the protection of the marine environment, issues in Canadian wildlife protection, and the enforcement of greenhouse gas emissions regulation. Drawing on a wide range of viewpoints, Environment in the Courtroom, Volume II asks specific questions about and provides detailed examination of Canada's international climate obligations, carbon pricing, trading and emissions regulations in oil production, agriculture, and international shipping, the protection of marine mammals and the marine environment, Indigenous rights to protect and manage wildlife, and much more. This is an essential book for students, scholars, and practitioners of environmental law.