In the current decentralised system of European Union (EU) and European Economic Area (EEA) law enforcement, national courts play a crucial role in securing the effectiveness and application of the law. A great deal of legal research has been expounded on how the Court of Justice of the European Union (CJEU) and the European Free Trade Association Court (EFTA Court) have established and developed the key mechanism for doing so - namely the principle of consistent interpretation. Yet the principle's scope and limits can only be fully understood if one looks to the final outcome of cases at national level, and how national courts charged with the duty of applying the principle actually do so when faced with such issues in practice.Adopting an ambitious and consistent approach, contributors from 12 European states therefore examine the reception of the principle through national case-law, focusing on three issues: reception and understanding of the concept, its criteria for application, and its limitations. The individual contributions are further synthesised and compared in an overarching comparative chapter that identifies considerable tension between the goals of uniform and homogenous application of the principles, and a plurality of different approaches at national level. The findings further touch on a broader range of issues, providing the reader with insights into the cooperative dialogue between European and national courts more generally.The Effectiveness and Application of EU and EEA Law in National Courts will be of interest to academics, students, EU/EEA/EFTA and national institutional actors, judges, practitioners, and anyone interested in gaining unique insights into the workings of EU and EEA law and culture in practice.

Within contemporary society the themes of globalization, health and regulation interlock in complex patterns, changing in response to the mix of cultural differences, regulatory preferences and available resources. To turn the kaleidoscope and to change the mix is to change the pattern. This book is about those patterns as they arise in the contemporary legal, health and ethical context, exploring the transformations and challenges brought by technological change and the regulatory options in the contemporary global village.

This book explores patient safety themes in developed, developing and transitioning countries. A foundation premise is the concept of 'reverse innovation' as mutual learning from the chapters challenges traditional assumptions about the construction and location of knowledge. This edited collection can be seen to facilitate global learning. This book will, hopefully, form a bridge for those countries seeking to enhance their patient safety policies. Contributors to this book challenge many supposed generalisations about human societies, including consideration of how medical care is mediated within those societies and how patient safety is assured or compromised. By introducing major theories from the developing world in the book, readers are encouraged to reflect on their impact on the patient safety and the health quality debate. The development of practical patient safety policies for wider use is also encouraged. The volume presents a ground-breaking perspective by exploring fundamental issues relating to patient safety through different academic disciplines. It develops the possibility of a new patient safety and health quality synthesis and discourse relevant to all concerned with patient safety and health quality in a global context.

'The 20th century has been described as the century where governments allowed cigarettes to kill more than 100 million people (i.e. more than the first and second World Wars and the holocaust together). This excellent book is a timely study of the complex, regulatory challenges of e-cigarettes. The review of the scientific evidence relating to electronic cigarettes in Part I - and of international and European regulatory approaches in Part II - of this interdisciplinary, comparative study demonstrates the need for multilevel health governance with due regard to international human rights law, world trade law and health law. European health and risk regulations aim at respecting EU fundamental rights, EU constitutional law principles (e.g. precautionary, subsidiarity and proportionality principles) and legitimate ''constitutional pluralism'' in multilevel health governance. The case-studies of American and Chinese regulations of e-cigarettes in Part III of this book illustrate that ''Chinese state-capitalism'' (e.g. its denial of human rights and constitutional protection of citizens) and Anglo-American neo-liberalism (e.g. its frequent neglect of economic and social rights and international public goods) offer less comprehensive protection of citizen interests, as also confirmed by the current 'US-China trade wars'. Professor Gruszczynski's innovative book succeeds in demonstrating the complexity of ''ordo-liberal'' trade and health regulations of ''market failures'' and ''governance failures'' reconciling civil, political, economic, social and cultural rights and health risks.' - Ernst-Ulrich Petersmann, European University Institute, Italy Combining the insights of leading legal scholars and public health experts, this timely book provides up-to-date analysis of the various legal problems emerging at different levels of governance (international, European and national) in the context of the regulation of e-cigarettes. Expert contributors investigate the possible application of the precautionary and harm reduction principles in this area, examining the legal constraints imposed on states by international and European rules, as well as the regulatory approaches currently in place in selected national jurisdictions. This ground-breaking book offers an interdisciplinary approach to the topic, combining insights from medical, public health and legal perspectives. The Regulation of E-cigarettes will be essential reading for both legal and public health scholars and students. Providing a comprehensive and in-depth assessment of the regulatory solutions applied to e-cigarettes, it will also be a key resource for governmental officials, NGO's and public health advocates.

With lessons learned from COVID-19, a world-leading expert on pandemic preparedness proposes a pragmatic plan urgently needed for the future of global health security. The COVID-19 pandemic revealed how unprepared the world was for such an event, as even the most sophisticated public health systems failed to cope. We must have far more investment and preparation, along with better detection, warning, and coordination within and across national boundaries. In an age of global pandemics, no country can achieve public health on its own. Health security planning is paramount. Lawrence O. Gostin has spent three decades designing resilient health systems and governance that take account of our interconnected world, as a close advisor to the Centers for Disease Control and Prevention (CDC), the World Health Organization (WHO), and many public health agencies globally. Global Health Security addresses the borderless dangers societies now face, including infectious diseases and bioterrorism, and examines the political, environmental, and socioeconomic factors exacerbating these threats. Weak governance, ineffective health systems, and lack of preparedness are key sources of risk, and all of them came to the fore during the COVID-19 crisis, even-sometimes especially-in wealthy countries like the United States. But the solution is not just to improve national health policy, which can only react after the threat is realized at home. Gostin further proposes robust international institutions, tools for effective cross-border risk communication and action, and research programs targeting the global dimension of public health. Creating these systems will require not only sustained financial investment but also shared values of cooperation, collective responsibility, and equity. Gostin has witnessed the triumph of these values in national and international forums and has a clear plan to tackle the challenges ahead. Global Health Security therefore offers pragmatic solutions that address the failures of the recent past, while looking toward what we know is coming. Nothing could be more important to the future health of nations.

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

Many government bodies relate to each other through 'contracts', but these contracts are not, in general, regulated or enforced by the law. Drawing on the results of a case-study of NHS contracts, this book identifies significant problems faced by the parties to internal government contracts, many of which stem from the lack of legal regulation. The book uses a novel public law analysis to suggest ways of making internal contracts work more fairly and effectively.

Why does US health care have such high costs and poor outcomes? Dr. David S. Guzick offers this critique of the American health care industry and argues that it could work more effectively by rebalancing care, cost, and access. For decades, the United States has been faced with a puzzling problem: Despite spending much more money per capita on health care than any other developed nation, its population suffers from notoriously poorer health. In comparison with 10 other high-income nations, in fact, the US has the lowest life expectancy at birth, the highest rates of infant and neonatal mortality, and the most inequitable access to physicians when adjusted for need. In An Introduction to the US Health Care Industry, Dr. David S. Guzick takes an in-depth look at this troubling issue. Bringing to bear his unique background as a physician, economist, former University of Rochester medical school dean, and former president of the University of Florida Health System, Dr. Guzick shows that what we commonly refer to as the US health care "system" is actually an industry forged by a unique collection of self-interested and disjointed stakeholders. He argues that the assumptions underlying well-functioning markets do not align with health care. The resulting market imperfections, combined with entrenched industry stakeholders, have led to a significant imbalance of care, cost, and access. Using a nontechnical framework, Dr. Guzick introduces readers to the economic principles behind the function-and dysfunction-of our health care industry. He shows how the market-based approach could be expected to remedy these problems while detailing the realities of imperfections, regulations, and wealth inequality on those functions. He also analyzes how this industry developed, presenting the conceptual underpinnings of the health care industry while detailing its history and tracing the creation and entrenchment of the current federation of key stakeholders-government, insurance companies, hospitals, doctors, employers, and drug and device manufacturers. In the final section of the book, Dr. Guzick looks to the future, describing the prevention, innovation, and alternative financing models that could help to rebalance the priorities of care, cost, and access that Americans need. An online supplement on COVID-19 is available, as is a discussion guide for instructors. To access this supplemental material, please visit www.jhupbooks.press.jhu.edu.

Genetically modified organisms (GMOs) are an extraordinary innovation. They raise great expectations of economic prosperity and improved capacity to address pressing problems of poverty and environmental degradation, whilst simultaneously raising great concerns about the type of social and physical world they promise. Finding space in regulation to consider the full range of issues provoked by GMOs is a huge challenge. This book explores the EU's elaborate regulatory framework for GMOs, which extends far beyond the process of their authorisation (or not) for the EU market, embracing disparate legal disciplines including intellectual property, consumer protection and civil liability. The regulation of GMOs also highlights questions of EU legitimacy in a context of multi-level governance, both internally towards national and local government, and externally in a world where technologies and their regulation have global impacts. This book will be of interest to academics and students in both law and social sciences, as well as practising lawyers and policy makers. It addresses questions that are significant for those involved in environmental or food issues, as well as specialists in GMOs.

This book takes a critical approach to examining British and Italian occupational health and safety enforcement policies and questions the legal and political principles that underpin them. The book undertakes a comparative critical analysis of these two jurisdictions' health and safety regulatory enforcement practices by focusing on the causes and consequences of the under-criminalisation of these crimes. It explores the fundamentals of these two jurisdictions' criminal justice systems and political practices, policies and traditions and exposes how these translate into pragmatic social inequality and injustice for victims of occupational health and safety crimes and, more generally, citizens. Findings are drawn from qualitative interviews conducted with front line occupational health and safety enforcement officers. This book offers an account of the challenges encountered when attempting to scrutinise public institutions responsible for policing crimes of the powerful. The comparison of the political and criminal justice system practices, polices and traditions of the British and Italian legal systems offer a valuable critical contribution to the anglophone literature on the subject and, more generally, on regulatory enforcement policies and practices.

The provision of an adequate means of escape from fire is fundamental to the design of new buildings and to the alteration, change of use or extension of existing buildings. It is essential that means of escape are considered at the earliest stage of a project as mistakes are very expensive to correct later in the design.

There is a great deal of legislation on means of escape design and control, but this is scattered throughout a large number of statutes, regulations and guidance documents. Many buildings need to be licensed and/or registered, as well as requiring certification and Building Regulation compliance.

This book provides an invaluable reference on the subject for architects, surveyors and building control officers. It:

?identifies the legislation which applies to any particular building use

?describes the general principles of designing means of escape, together with a ten step approach for a range of residential and non-residential buildings

?considers alternative design options based on fire safety engineering

?outlines fire safety management in premises in use as an aid to employers, who have a statutory duty to undertake fire risk assessments.

This book examines the laws and regulations relating to the practice of pharmacy, and the regulation and control of drugs cosmetics, and medical devices. Most available pharmacy law texts thus far have been written by lawyers and present heavy, dense, legalistic reading that focuses on legal theory. Essentials of Pharmacy Law is written by a practicing pharmacist in clear, accessible, contemporary prose that concentrates on application.

This user-friendly text is a compilation and commentary of selected federal laws and regulations pertaining to the general practice of pharmacy in the United States. It covers topics in a simple and concise format. Furthermore, case studies and review questions and a bulleted summary of key points make for easy reading and aid in comprehension.

Essentials of Pharmacy Law will be extremely useful to senior pharmacy students preparing for the Multi-State Jurisprudence Exam (NABLEX MJPE). as well as the voluntary Pharmacist Competency Exam offered to practicing pharmacists. It alsoalso serves as a valuable reference for pharmacy students, practicing pharmacists seeking licensure by reciprocity and/or preparing for the MJPE, pharmacy technicians who are in need of a comprehensive update, and other interested healthcare professionals.

The goal of every safety professional and safety program is to be proactive and to identify problems while complying within safety guidelines. This book clarifies basic questions about legal liability, how to minimize, prevent, and identify legal risks. Appendices, case studies, and sample forms are included in this resource. The whole book will be revised due to the laws and regulations in the workplace changing. This revised edition will address all of the changes in the laws as well as providing guidance on how to achieve and maintain compliance. Features Covers methods to achieve and maintain compliance Includes new standards and regulations Discusses defense, rights, and responsibilities Provides a guide to professionals who are unfamiliar with reviewing, analyzing, and briefing a court decision Offers a new chapter on environmental and labor

With the implementation of the Human Rights Act 1998 in October 2000 English law has for the first time a full positive system of legal rights. The difficulty is not so much that the Act will change healthcare law but the uncertainty of how it will do so. This book provides an insight into the operation of the Act and the Convention both in general terms and in respect to key areas including: use of healthcare resources and the right to treatment; procedure, professional discipline and complaints; the issue of autonomy and its relationship with dignity under both the Act and the Convention; rights in relation to minors, vulnerable adults and mental health; access to medical records and confidentiality; issues at the beginning of life and its ending; and finally, transplantation and biotechnology.

This book will address collateral legal consideration that may affect emergency service organizations. Its primary focus is on the relationship between the emergency service employee and the organisation. With the deterioration of "At Will" employment doctrine by Congress and courts, emerging new technologies, and the dwindling number of "unionized shops", emergency service organizations face the potential of increased litigation under new and novel theories in areas which were not even fathomed by emergency service organizations twenty years ago.
Written by a lawyer for non-lawyers, the book is not consumed with the basic legalese that most books of this kind are. It seeks to inform the user of his or her rights under the law in a clear and comprehensive way. Legal Liabilities in EMS will cover topics such as workers compensation, negligence issues, employment discrimination, Family and Medical Leave Act, EMS and privacy in the workplace. To provide extra guidance the text also provides cases exemplifying the issue and an appendix of websites that can provide further information.

The effects of COVID-19 are visited disproportionately on the already disadvantaged. This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root. Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.

This book provides a comparative and accessible analysis of key areas of healthcare law, comparing English law with selected common and civil law jurisdictions within a framework of law and medical ethics, and encompassing pivotal cases, codes and legislation. The introduction examines medical decision making, and legal and ethical frameworks in Western and non-Western cultures. Part I examines healthcare law in England and Wales, including abortion, consent, confidentiality, children, euthanasia, persistent vegetative state patients, organ transplantation, sterilisation of the mentally incapacitated, surrogacy, UK cloning proposals and the landmark conjoined twins case. Part II covers non-English common law jurisdictions such as Australia, New Zealand, Ireland and certain American jurisdictions. Civil law examples focus on France and Germany, and, where appropriate, Scandinavian countries. International perspectives on abortion laws and euthanasia are also provided. The book concludes with a comparative overview, which highlights common healthcare themes across various jurisdictions. Comparative Healthcare Law brings together information never previously accessible within the covers of one volume, making this unique book indispensable for scholars and practitioners in the field of healthcare law.

How can countries chart their own course toward universal health coverage? Like many ambitious global goals, universal health coverage (UHC) remains an aspiration for many countries. The World Health Organization estimates that half the world's population lacks access to basic health services. Moreover, this already staggering number masks inequities that exist between and within countries: gaps between rich and poor, men and women, young and old, and among people of different ethnic backgrounds. UHC promises to give all people greater access to higher quality health services without the fear of financial hardship. But the task of turning this vision into reality poses a significant challenge for countries at all stages of economic development. In The Road to Universal Health Coverage, Jeffrey L. Sturchio, Ilona Kickbusch, Louis Galambos, and their contributors explore the ways in which the private sector is already helping countries achieve universal health coverage. Stressing the many positive aspects of UHC developments, the book focuses on the new health economy and the sometimes controversial dimensions of the private sector helping countries achieve UHC. Theoretical chapters are complemented by a series of case studies that explore the myriad ways in which private sector actors are already addressing UHC. What are the conditions required for countries to translate their successful experiences and policy promises into practical results for improved population health? In answering this question, the contributors examine the relationship between health employment and economic growth. They also analyze the critical success factors for private sector engagement in UHC, the role of healthy women in creating and sustaining healthy economies, and the role of the pharmaceutical sector. Looking to the political, economic, and social implications of moving from aspiration to implementation, The Road to Universal Health Coverage points the way to the many opportunities ahead as companies continue to work with governments and civil society partners to help achieve UHC. Jean-Louise Arcand, Hector Arreola-Ornelas, Nathan J. Blanchet, Christine Bugos, Jim Campbell, John Campbell, Jr., Ibadat Dhillon, Donika Dimovska, Christian Franz, Michael Furst, Louis Galambos, Belen Garijo, Adeel Ishtiaq, Sowmya Kadandale, Ilona Kickbusch, Felicia Marie Knaul, Jeremy Lauer, Robert Marten, Justin McCarthy, Harald Nusser, K. Srinath Reddy, Yasmine Rouai, Jeffrey L. Sturchio, Cicely Thomas, Tana Wuliji, Snow Yang, Pascal Zurn

Litigation and alleged cases of educational malpractice are on the rise. Headteachers and governors are more aware of legal requirements, but this new book addresses the needs of teachers. The book introduces a framework for safe practice, then the 'high risk' subjects of Science, ICT, Design and Technology, and PE and outdoor activities in separate chapters. The implications for classroom practice of recent legal developments are examined, and three more chapters look at what can be expected in the process of litigation. Sound advice for those wishing to make schools safer, and useful guidance for those having to deal with the aftermath of a safety problem.

20 murders every week. 18,000 assaults in the same time. All on the job.
Sharp increases in workplace violence continue to take an unfortunate toll on American business-and its employees, families and communities. Preventative measures may be well-intentioned, but pose troubling conflicts in themselves, pitting each employee's privacy vs. overall worker protection.
A full-self evaluation of your business and its personnel may be the key to safeguard against workplace violence. Thomas D. Schneid's Occupational Health Guide to Violence in the Workplace provides the important guidelines for that careful, all-encompassing examination.
Most books on workplace violence focus on psychological profiles. In a change of pace, Schneid examines the issue from a safety/health professional's viewpoint, taking all angles, legal issues, and potential ramifications into account. Chapters focus on not only in-house efforts to prevent violent incidents, but also government and legal standards directly or indirectly related to worker's rights and corporate liability.
Make every effort to prevent workplace violence from hitting home: start with advice from the Occupational Health Guide to Violence in the Workplace

Featuring a detailed analysis of current approval requirements and the relevant safety assessment methods for gas cylinders in general and with main focus on composite cylinders for storing compressed natural gas and hydrogen, this book demonstrates how current regulations and standards limit the ability to reduce cost and weight. Based on this data, it then highlights the potential offered by the proposed approval procedure based on probabilistic safety assessment After addressing the economic potential of probabilistic safety assessments, the book details working procedures and improving cycles and (slow) bursts as methods for assessing residual strength. It then discusses methods for statistically evaluating test data, as well as sample- size and distribution-character considerations. A definition of sample strength is elaborated in terms of the performance sheets developed by the author. On this basis, it discusses safety as a property of service life and interpreted as an issue of degradation, and explores aspects of artificial aging for simulating the end-of-life reliability level. Lastly, the book considers control and inspection aspects: quality of production, degradation prediction using destructive sample tests parallel to operation, retesting periods and correcting for under- and overestimates of safe lifetime. Presented in schematic diagrams, illustrations and tables, this information enables manufacturers and operators to use this new approach in practice and supports the improvement of current regulations and standards.

The environmental health professional is subject to scrutiny, particularly in the area of the law. Environmental Health Officers must have a fundamental understanding of the law and how it is implemented. This volume aims to assist the environmental health professional in understanding the operation of English law and navigating through some of its complexities. It covers those aspects of the work which are regulated by legal principles but not found in a single statute. This book is not an exposition of all Environmental Health law; it is designed to indicate how that law may be applied, emphasizing those skills and attributes which are essential if the theory of law is to be put into professional practice.

Challenging students to think critically about the complex web of social forces that leads to health disparities in the United States. The health care system in the United States has been called the best in the world. Yet wide disparities persist between social groups, and many Americans suffer from poorer health than people in other developed countries. In this revised edition of Health Disparities in the United States, Donald A. Barr provides extensive new data about the ways low socioeconomic status, race, and ethnicity interact to create and perpetuate these health disparities. Examining the significance of this gulf for the medical community and society at large, Barr offers potential policy- and physician-based solutions for reducing health inequity in the long term. This thoroughly updated edition focuses on a new challenge the United States last experienced more than half a century ago: successive years of declining life expectancy. Barr addresses the causes of this decline, including what are commonly referred to as "deaths of despair"-from opiate overdose or suicide. Exploring the growing role geography plays in health disparities, Barr asks why people living in rural areas suffer the greatest increases in these deaths. He also analyzes recent changes under the Affordable Care Act and considers the literature on how race and ethnicity affect the way health care providers evaluate and treat patients. As both a physician and a sociologist, Barr is uniquely positioned to offer rigorous medical explanations alongside sociological analysis. An essential text for courses in public health, health policy, and sociology, this compelling book is a vital teaching tool and a comprehensive reference for social science and medical professionals.

Treatment of the mentally ill in the UK is governed by the Mental Health Act (1983) and the Code of Pracitce (S.118) published in 1990 and reviewed periodically by the Secretary of State. Nurses in any speciality may encounter patients suffering from mental disorder and therefore need to have an understanding of the legal principles involved. Mental Health Law for Nurses provides an introduction and practical guide to the law and directives embodied in these. Nurses specialising in the care of the mentally ill or handicapped will find this a book for easy reference and directly relevant to their everyday practice. This book provides coverage for community care homes and institutional settings. It includes questions and exercises to encourage debate and discussion. A comprehensive bibliography enables practitioners to follow-up areas of interest.

Produced by PLAYLINK, a registered charity which assists local communities to create adventure playgrounds for children. Established in 1962, PLAYLINK is recognised as the national authority on good practice for play provision of this type. This essential handbook draws on PLAYLINK's 35 years experience with adventure playgrounds, introduces recent changes to legislation and gives guidance on the interpretation of legal responsibilities. It is intende for all those working as play officers, playworkers, playground designers or consultants in supervised play provision, legal advisers and regulatory authorities. It will also be of interst to anyone involved in leisure and recreation management and the design and construction of sports facilities.