How the fear of malpractice affects mothers and reproductive choices Giving birth is a monumental event, not only in the personal life of the woman giving birth, but as a medical process and procedure. In The Business of Birth, Louise Marie Roth explores the process of giving birth, and the ways in which medicine and law interact to shape maternity care. Focusing on the United States, Roth explores how the law creates an environment where medical providers, malpractice attorneys, and others limit women's rights and choices during birth. She shows how a fear of liability risk often drives the decision-making process of medical providers, who prioritize hospital efficiency over patient safety, to the detriment of mothers themselves. Ultimately, Roth advocates for an approach that protects the reproductive rights of mothers. A comprehensive overview, The Business of Birth provides valuable insight into the impact of the law on mothers, medical providers, maternity care practices, and others in the United States.

An Introduction to Health and Safety Law provides a clear, concise overview of health and safety law in the United Kingdom. With reference to the European Union, this book discusses criminal and civil liability at length to provide a clear understanding of this area of law which has been subject to change over the 20 years. Key case studies and statistical information on prosecutions, fines and enforcement notices help to contextualise health and safety law to provide students and professionals with a full understanding of health and safety law in the UK. This book includes chapters on: the legal framework criminal liability enforcement of criminal liability civil liability civil remedy subordinate legislation. This book is an essential reference for students studying towards NEBOSH qualifications and students studying at university level. It provides a comprehensive understanding of UK health and safety law and will be a useful reference when entering the professional field.

When politicians reshape public health agencies, scientists resist changes and, if possible, leave. Those shifts make it harder for agencies to fight future public health threats. This Element focuses on the tension between scientists and managerial control in the policy process, both conceptually and empirically. It centers on a failed attempt to reorganize the United States Centers for Disease Control and Prevention. Because many of the gains in longevity and health quality result from the work of public health agencies, public health scientists and practitioners are the frontline producers of public health.

This book is an in-depth study of the US and EU approaches towards consumer sales remedies. It does not limit itself to a mere comparison of the hierarchy of consumer sales remedies but covers the topic comprehensively, also examining (extra)judicial application of remedies and notification duties.Whereas EU rules prescribe a very strict hierarchy of remedies that are often misunderstood by consumers, and are very favourable towards the remedy of specific performance (or performance in kind), in the US a strong preference for damages can be found. This means that consumers often do not know which remedy they are exactly entitled to or how to invoke it in a correct manner.Learning from both systems, Consumer Sales Remedies in US and EU Comparative Perspective provides a valuable and insightful contribution to the discussion of what the organisation of remedies should look like to best protect consumers. It is written at a time when the EU is considering a 'new' consumer sales Directive, and US scholars are working on the restatement of consumer contract law. It proposes to give consumers a free choice, limited by good faith and proportionality only.

Analyzing the level of claims for clinical negligence in the light of the most recent trends and discovering whether there is indeed a litigation crisis in healthcare, this book is a topical and compelling exploration of healthcare and doctor-patient relationships.

The author:

• identifies and analyzes the growing pressures on doctors in modern society, placing their role in context
• explores some of the myths surrounding media claims about malpractice
• considers the practice of 'defensive medicine' and the difference between defensive practices and sensible risk management
• examines external pressures, such as political interference with clinical practice in the form of target-setting and what might be described as a culture of creeping privatization of healthcare.

Covering the topics of medicine and the media and the causes of occupational stress among doctors, this volume is a must read for all students of medical law and medical ethics.

Occupational safety and health management theory is now rightly focused on pro-activity, risk assessment and management. But it remains important that organizations know what they need to do when accidents happen, both to comply with legislation and to extract all the information from the incident to improve their health and safety management.
"Tolley's Workplace Accident Handbook" presents in a single volume what needs to be done when an accident occurs - from emergency procedures and legal reporting requirements through to formal investigations and possible legal proceedings. In this new edition, chapters on first aid and accident investigation reports have been added and the rehabilitation chapter has been updated to cover the latest insurance industry initiatives. The Handbook also shows how to learn from the accident data gathered and how to implement recommendations into a company's health and safety management system. The text is supported by checklists, case studies and ready-to-use forms and templates.
Health and Safety practitioners in all industries will find this Handbook is packed full of practical and legal advice. It will also be of use to lawyers dealing with accident claims, insurance risk managers, emergency planning, first aid, and enforcement officers, as well as to students on health and safety and specialist accident investigation courses.
Mark Tyler is a Chartered Safety and Health Practitioner and a leading Solicitor in the area of health and safety law who has worked on numerous high profile cases such as rail crashes and legionnaires disease. His expertise is supplemented with the practical knowledge of other experts in their individual subjectareas.
* Shows how to learn from accidents and improve H&S management
* All legal requirements and processes are covered - from reporting and investigating accidents to court cases
* Includes checklists, case studies, and ready-to-use forms and templates to help put best practice in place

This thought-provoking book draws together research from genetics, anthropology, psychology and the social sciences to show that widespread assumptions about the inevitability of human violence are almost entirely a collection of myths. While violence has been a recurring feature of human life, there is no reason to suppose that it is inherent in 'human nature'. On the contrary, patterns of aggressive behaviour are largely learned through experience and even those individuals who have often acted violently can learn to change. Rejecting the speculations of much contemporary writing about human aggression, Violence Rewired presents an evidence-based alternative: a multi-level model of action to reduce violence at both individual and collective levels, linked to public health initiatives developed by the World Health Organization. If humanity is to survive the challenges it faces, a more realistic appraisal of ourselves and our basic tendencies is an indispensable part of the solution.

Health systems are fluid and their components are interdependent in complex ways. Policymakers, academics and students continually endeavour to understand how to manage health systems to improve the health of populations. However, previous scholarship has often failed to engage with the intersections and interactions of health with a multitude of other systems and determinants. This book ambitiously takes on the challenge of presenting health systems as a coherent whole, by applying a systems-thinking lens. It focuses on Malaysia as a case study to demonstrate the evolution of a health system from a low-income developing status to one of the most resilient health systems today. A rich collaboration of multidisciplinary academics working with policymakers who were at the coalface of decision-making and practitioners with decades of experience, provides a candid analysis of what worked and what did not. The result is an engaging, informative and thought-provoking intervention in the debate. This title is Open Access.

The Jewish leftist lawyer Ernst Fraenkel was one of twentieth-century Germany's great intellectuals. During the Weimar Republic he was a shrewd constitutional theorist for the Social Democrats and in post-World War II Germany a respected political scientist who worked to secure West Germany's new democracy. This book homes in on the most dramatic years of Fraenkel's life, when he worked within Nazi Germany actively resisting the regime, both publicly and secretly. As a lawyer, he represented political defendants in court. As a dissident, he worked in the underground. As an intellectual, he wrote his most famous work, The Dual State - a classic account of Nazi law and politics. This first detailed account of Fraenkel's career in Nazi Germany opens up a new view on anti-Nazi resistance - its nature, possibilities, and limits. With grit, daring and imagination, Fraenkel fought for freedom against an increasingly repressive regime.

State legislatures are tasked with drawing state and federal districts and administering election law, among many other responsibilities. Yet state legislatures are themselves gerrymandered. This book examines how, why, and with what consequences, drawing on an original dataset of ninety-five state legislative maps from before and after 2011 redistricting. Identifying the institutional, political, and geographic determinants of gerrymandering, the authors find that Republican gerrymandering increased dramatically after the 2011 redistricting and bias was most extreme in states with racial segregation where Republicans drew the maps. This bias has had long-term consequences. For instance, states with the most extreme Republican gerrymandering were more likely to pass laws that restricted voting rights and undermined public health, and they were less likely to respond to COVID-19. The authors examine the implications for American democracy and for the balance of power between federal and state government; they also offer empirically grounded recommendations for reform.

State legislatures are tasked with drawing state and federal districts and administering election law, among many other responsibilities. Yet state legislatures are themselves gerrymandered. This book examines how, why, and with what consequences, drawing on an original dataset of ninety-five state legislative maps from before and after 2011 redistricting. Identifying the institutional, political, and geographic determinants of gerrymandering, the authors find that Republican gerrymandering increased dramatically after the 2011 redistricting and bias was most extreme in states with racial segregation where Republicans drew the maps. This bias has had long-term consequences. For instance, states with the most extreme Republican gerrymandering were more likely to pass laws that restricted voting rights and undermined public health, and they were less likely to respond to COVID-19. The authors examine the implications for American democracy and for the balance of power between federal and state government; they also offer empirically grounded recommendations for reform.

This book shall be an introduction into the European Free Trade Association (EFTA) as an international organization and, inter alia, as a platform for its member states' relations with the EU and for jointly negotiated Free Trade Agreements. EFTA - originally set up by the UK - is an example of how countries that do not want to be members of the EU can still have close links with it. EFTA is a loose intragovernmental association of some economically highly specialised, small and wealthy Western European small states which have, until now, decided not to join the European Union (EU). Essentially it is the platform for Iceland, Liechtenstein, Norway and Switzerland to coordinate their free trade policies as far as possible. Iceland, Liechtenstein and Norway also use EFTA, in particular its Secretariat, to manage their membership of the European Economic Area (EEA) and to adopt relevant legislation into the Agreement. Particularly in the context of Brexit it should also be noted that there are elements of the relations between the four EFTA States and the EU which are not necessarily based on either the EEA Agreement or the EU-Swiss Agreements. Until recently, EFTA was considered an outdated model. However, since Brexit interest in EFTA has increased. Where the subject was covered in the press, but also in relevant statements by politicians, there was hardly any distinction made between 'EFTA' and the 'EEA'. This book is not about Brexit, rather it will correct certain misconceptions about EFTA and provide a clear overview on what EFTA is: a platform for the economic relations between its member states; a platform for its member states' free trade policy and a platform for its member states' relations with the EU. There will be food for thought on the UK's future outside the EU.

What our health data tell American capitalism about our value-and how that controls our lives. Afterlives of Data follows the curious and multiple lives that our data live once they escape our control. Mary F. E. Ebeling's ethnographic investigation shows how information about our health and the debt that we carry becomes biopolitical assets owned by healthcare providers, insurers, commercial data brokers, credit reporting companies, and platforms. By delving into the oceans of data built from everyday medical and debt traumas, Ebeling reveals how data about our lives come to affect our bodies and our life chances and to wholly define us. Investigations into secretive data collection and breaches of privacy by the likes of Cambridge Analytica have piqued concerns among many Americans about exactly what is being done with their data. From credit bureaus and consumer data brokers like Equifax and Experian to the secretive military contractor Palantir, this massive industry has little regulatory oversight for health data and works to actively obscure how it profits from our data. In this book, Ebeling traces the health data-medical information extracted from patients' bodies-that are digitized and repackaged into new data commodities that have afterlives in database lakes and oceans, algorithms, and statistical models used to score patients on their creditworthiness and riskiness. Critical and disturbing, Afterlives of Data examines how Americans' data about their health and their debt are used in the service of marketing and capitalist surveillance.

The recent pandemic has clarified the overwhelming connection between the workplace and technology. With thousands of employees suddenly forced to work at home, a large segment of the workforce quickly received crash courses in videoconferencing and other technologies, and society as a whole took a step back to redefine what employment actually means. The virtual workplace is the blending of brick-and-mortar physical places of business with the advanced technologies that now make it possible for workers to perform their duties outside of the office. Trying to regulate in this area requires the application of decades old employment laws to a context never even contemplated by the legislatures that wrote those rules. This book explores the emerging issues of virtual work-defining employment, litigating claims, aggregating cases, unionizing workers, and preventing harassment-and provides clarity to these areas, synthesizing the current case law, statutory rules, and academic literature to provide guidance to workers and companies operating in the technology sector.

Noncommunicable diseases (NCDs) - including cardiovascular disease, diabetes, asthma and other chronic respiratory conditions, and cancers - are the leading causes of death worldwide. An estimated 36 million people die from such diseases each year; this represents roughly two out of three deaths globally. Eighty percent of these fatalities occur in developing countries. The statistics are staggering, yet millions of these deaths are preventable. This is an urgent global health issue that demands analysis of gaps in NCD research, new policies and practices, and actionable recommendations to close the gaps. The Johns Hopkins Institute for Applied Economics, Global Health, and the Study of Business Enterprise convened an NCD Working Group of leading scholars to examine a wide range of issues that both the private and public sectors must address to make sustainable progress in NCD prevention and treatment in lower- and middle-income countries. Collected in this volume are essays on five key areas where strengthened policies and health systems can have the most impact in the near future. Features: accelerating regulatory harmonization; structuring supply chains; improving access to interventions; restructuring primary care; and promoting multisectoral and intersectoral action. While there is a growing literature on the problem of NCDs, none of the available studies provides background on the range of challenges matched with specific steps that can be taken by the public sector, private sector, and civil society working together. Noncommunicable Diseases in the Developing World presents a framework for understanding the salience of specific policy recommendations and detailed steps that can be taken now to move forward in the global campaign against NCDs. This book will be of interest to practitioners, scholars, and students in public health as well as those framing and implementing health policies in the private and public sectors.

China's food safety system is in crisis. Egregious scandals, as varied as the sale of liquor laced with Viagra and the distribution of fake eggs, reveal how regulatory practices have been stretched to their limit in the world's largest food production system. On Feeding the Masses focuses on the oft-cited but ultimately overlooked concept of scale to identify the root causes of China's regulatory failures in food safety. The 'politics of scale' framework highlights how regulators disagree on which level of government is best suited to regulate ('the scale of governance'), struggle to address multilevel tensions ('multidimensional scale integration'), and fail to understand how policies at one level of government can affect other levels of government in unexpected and costly ways ('scale externalities'). Drawing from over 200 interviews with food safety regulators and producers, the study provides one of the most comprehensive accounts of China's food safety crisis to date.

At the heart of research with human beings is the moral notion that the experimental subject is altruistic, and is primarily concerned for the welfare of others. Beneath the surface, however, lies a very different ethical picture. Individuals participating in potentially life-saving research sometimes take on considerable risks to their own well-being. Efforts to safeguard human participants in clinical trials have intensified ever since the first version of the World Medical Association's Declaration of Helsinki (1964) and are now codified in many national and international laws and regulations. However, a comprehensive understanding of how this cornerstone document originated, changed, and functions today does not yet exist in the sphere of human research. Ethical Research brings together the work of leading experts from the fields of bioethics, health and medical law, the medical humanities, biomedicine, the medical sciences, philosophy, and history. Together, they focus on the centrality of the Declaration of Helsinki to the protection of human subjects involved in experimentation in an increasingly complex industry and in the government-funded global research environment. The volume's historical and contemporary perspectives on human research address a series of fundamental questions: Is our current human protection regime adequately equipped to deal with new ethical challenges resulting from advances in high-tech biomedical science? How important has the Declaration been in non-Western regions, for example in Eastern Europe, Africa, China, and South America? Why has the bureaucratization of regulation led to calls to pay greater attention to professional responsibility? Ethical Research offers insight into the way in which philosophy, politics, economics, law, science, culture, and society have shaped, and continue to shape, the ideas and practices of human research.

This collection of essays looks at the role the European Union could and should play in promoting healthier lifestyle, in light of the moral, philosophical, legal and political challenges associated with the regulation of individual choices. By tackling the main non-communicable diseases (NCD) risk factors (tobacco consumption, harmful use of alcohol, unhealthy diets and lack of physical activity), the contributors endeavour to identify common themes and determine whether and, if so, to what extent the lessons learned in relation to each area of EU intervention could be transposed to the others. By focusing on the European Union legal order, the book highlights both the opportunities that legal instruments offer for NCD prevention and control agenda in Europe, as well as the constraints that the law imposes on policy-makers.

The story of a small healthcare startup and its fight for survival against the very federal agencies responsible for its launch as part of the ACA. In the contentious run-up to the passage of the Affordable Care Act, Congress passed a law to make nonprofit health insurance CO-OPs (formally known as Consumer Operated and Oriented Plans) a viable alternative to the public option. The idea was to create new competition in order to lower health insurance premiums and encourage innovation. Nearly two dozen such low-cost CO-OPs were launched in the wake of the ACA's passage; only four are in operation today. In Death by Regulation, Dr. Peter L. Beilenson tells the story of a group of Maryland-based public health professionals who launched the Evergreen Health Cooperative, only to discover that the ACA law encouraging CO-OPs was a "plastic plant"-a piece of legislation created for optics but never intended to be functional. Over most of its four years of existence, Evergreen succeeded against all odds, prevailing over naysayers, big insurance companies, Congress, and its founders' naivete. But in an ironic twist, it was bureaucratic hostility from the Centers for Medicare and Medicaid Services-the very Obama administration agency responsible for the CO-OPs-that led to their collective demise. Beilenson traces the huge impact of seemingly small policy decisions on the work of his team and the people their CO-OP was built to serve. He recounts the excitement and satisfaction of launching such a valuable healthcare company, as well as the damage done to scores of employees and tens of thousands of satisfied healthcare customers when bureaucrats ran amok. The only book about these idealistic Obamacare CO-OPs and the obstacles they all faced, Death by Regulation offers an insider view of health policy and the reality of starting an insurance company from scratch.

Climate Change, Public Health, and the Law provides the first comprehensive explication of the dynamic interactions between climate change, public health law, and environmental law, both in the United States and internationally. Responding to climate change and achieving public health protections each require the coordination of the decisions and behavior of large numbers of people. However, they also involve interventions that risk compromising individual rights. The challenges involved in coordinating large-scale responses to public health threats and protecting against the invasion of rights, makes the law indispensable to both of these agendas. Written for the benefit of public health and environmental law professionals and policymakers in the United States and in the international public health sector, this volume focuses on the legal components of pursuing public health goals in the midst of a changing climate. It will help facilitate efforts to develop, improve, and carry out policy responses at the international, federal, state, and local levels.

Named a 'Best Book of the Year' by Kirkus Reviews 'Urgent and eye-opening, the book serves as a loud-and-clear alarm.' - The Boston Globe From an MIT scientist, mounting evidence that the active ingredient in the world's most commonly used weedkiller is contributing to skyrocketing rates of chronic disease. Glyphosate is the active ingredient in Roundup, the most commonly used weedkiller in the world. Over 300 million pounds of glyphosate-based herbicide are sprayed on farms - and food - every year. Agrochemical companies claim that glyphosate is safe for humans, animals and the environment. But emerging scientific research on glyphosate's deadly disruption of the gut microbiome, its crippling effect on protein synthesis and its impact on the body's ability to use and transport sulfur - not to mention several landmark legal cases - tells a very different story. In Toxic Legacy, senior research scientist Stephanie Seneff, PhD, delivers compelling evidence based on countless published, peer-reviewed studies - all in frank, illuminating and always accessible language. As Rachel Carson did with DDT in the 1960's with Silent Spring, Seneff sounds the alarm on glyphosate, giving you guidance on simple changes you can make right now and essential information you need to protect your health, your family's health and the planet on which we all depend. 'A game-changer that we would be foolish to ignore.' - Kirkus Reviews (starred) 'Toxic Legacy will stand shoulder to shoulder with Rachel Carson's Silent Spring. [This is] unquestionably, one of the most important books of our time.' - David Perlmutter, MD, #1 New York Times bestselling author of Grain Brain 'Dr. Seneff's work will change the way we all think about food.' - Mark Hyman, MD, New York Times bestselling author

This innovative book examines the role an automobile emissions tax could play in reducing emissions in the United States. The author concludes that an emissions tax has the potential to reduce emissions from households vehicles significantly, even when travel demand is relatively price inelastic. Beginning with a theoretical discussion of a first-best tax, a second-best tax on passenger vehicles is developed. This study contains detailed analyses of: * the design of the tax * behavioural responses that lead to emissions reductions, including reductions in the household's vehicle miles of travel and the scrapping of low-value, high emitting vehicles * the effect of the tax on the reduction of emissions * the effect of the tax on households in different income quintiles * the emissions reducing potential of a gasoline tax compared to an emissions tax This study uses a simulation model to analyse the sensitivity of travel demand and the resulting emissions, to different tax rates and demand elasticities. The author concludes that an emissions tax has the potential to reduce emissions from household vehicles significantly, even when travel demand is relatively price inelastic. Taxing Automobile Emissions for Pollution Control will prove invaluable to policymakers and academics in the field of environmental management and environmental economics and policy.

How do government and private interests shape the health policy process? In this classic text, William G. Weissert and Carol S. Weissert describe how government and private interests help define health policy. Under the Obama administration, the federal government took a broadened role in setting health policy and insurance regulations. But the succeeding Trump administration and a Republican congress threatened to dismantle the Affordable Care Act (ACA) and its core tenets. Chronicling these recent important changes, Governing Health explores the political science theory behind this and other major shifts in national health policy. In this thoroughly updated edition, the authors describe how party polarization, a virulent anti-government movement, populist presidential politics, and the demise of "regular order" in Congress shape and define a new approach to health policy. This revised edition also * offers a comprehensive synthesis of Obamacare, touching on everything from Accountable Care and Pay for Performance to insurance industry reforms * highlights the important role of social media in building opposition to universal coverage * tracks passage of the new Medicare physician payment reform, MACRA * analyzes presidential executive orders and administrative rulemaking in dismantling the Affordable Care Act * examines the implications of Supreme Court decisions on Medicaid expansion and state health policy * updates all statistics, charts, and tables This new edition of a highly respected book guides readers toward a deep understanding of modern health policy's complexities. Drawing on compelling current examples, Governing Health is a timely and essential book.