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Books > Law > Laws of other jurisdictions & general law > Social law > Public health & safety law
The European Energy Law Reports are an initiative taken by the organisers of the European Energy Law Seminar which has been organised on an annual basis since 1989 at Noordwijk aan Zee in the Netherlands. The aim of this seminar is to present an overview of the most important legal developments in the field of International, EU and national energy and climate law. Whereas the first seminars concentrated on the developments at EC level, which were the results of the establishment of an Internal Energy Market, the focus has now gradually switched to the developments at the national level following the implementation of the EU Directives with regard to the internal electricity and gas markets. This approach can also be found in these reports.This volume includes chapters on ''Newcomers in the Electricity Market: Aggregators and Storage'', ''Hydropower Concessions in the EU: A Need for Liberalisation or Privatisation?'', ''Investments and des-Investments in the Energy Sector'', ''Offshore Decommissioning in the North Sea'', ''CCS as a Climate Tool: North Sea Practice'' and ''From EU Climate Goals to National Climate Laws''
Die Autorin untersucht an der Schnittstelle zwischen gesetzlichem Krankenversicherungsrecht (SGB V) und Krankenhausfinanzierungsrecht (KHG, KHEntgG), unter welchen Voraussetzungen Leistungserbringer im Rahmen einer Krankenhausbehandlung neue Untersuchungs- und Behandlungsmethoden (NUB-Methoden) zu Lasten der gesetzlichen Krankenversicherung erbringen durfen ( 137 c, 137 e SGB V). Zentrale Aspekte der Untersuchung sind, in welchem Verhaltnis das allgemeine Qualitatsgebot ( 2 Abs. 1 S. 3 SGB V) zu der Regelung des 137 c SGB V steht, ob den Krankenhausern in Bezug auf 137 c SGB V ein Beurteilungsspielraum eingeraumt wird, die Erprobungsregelung des 137 e SGB V sowie das vom Institut fur das Entgeltsystem im Krankenhaus (InEK GmbH) durchgefuhrte NUB-Verfahren ( 6 Abs. 2 KHEntgG).
This book addresses the issues and methods involved in governing risks posed by genetically modified (GM) agriculture. It examines the evolution of policies intended to ensure the safety of GM crops and food products in the United States and Europe and the regulatory approaches and other social controls employed to protect human health, the environment, conventional farming and foods, and the interests and rights of consumers. Discussion encompasses the cultural, political, and economic forces that shape the design and application of the methods of risk governance, as well as other contextual features such as the influence of multinational companies seeking acceptance of their GM ventures. This discussion also examines the influence of the dynamic public discourse fostered by progressive concepts of risk governance and the approaches taken to meet its demands for transparency, public participation, and appropriate consideration of public perceptions and values despite conflicting views of experts.
The Firearms Law Handbook covers all aspects of the law relating to the use of firearms in Britain. Those who enforce and apply the law will find it of invaluable assistance in their work. The reader who handles and sells guns, both commercially or for sport, will find everything they need to know here. Although the subjects covered can be complex, the book is written in an approachable style to be understood by all of those with an interest in the subject. The classification of firearms is covered in detail, as are the many different circumstances in which authority to possess firearms and ammunition can, and should, be granted. This book will be useful for individuals; those who run shooting clubs and clay grounds; collectors; registered firearms dealers, lawyers and those who require the authority of the Secretary of State to possess prohibited weapons. The rules governing shooting by young persons are considered, together with the various exemptions available where a certificate is not required. Since the seventh edition of this work in 2011 there have been significant changes to firearms legislation which are covered in full, including key changes in the Policing and Crime Act 2017 including new definitions of 'firearm'; 'component part'; 'deactivated weapon' and 'antique firearm'. The book covers all decisions of the higher courts regarding this area since 2011 and deals with the likely effects of the UK leaving the European Union. Police policy on the licensing of firearms is covered in addition to the process of application and appeal to the Crown Court.
This book approaches a variety of social and political issues that have become highly polarized and resistant to compromise by examining them through a population-based public health perspective. The topics included are some of the most contentious: abortion and reproductive rights; end-of-life issues, including the right to die and the treatment of pain; the connection between racism and poor health outcomes for African-Americans; the right of same-sex couples to marry; the toll of gun violence and how to reduce it; domestic violence and how the criminal justice model fails to deal with it effectively; and how tort compensation and punitive damages can further public health goals. People at every point along the political spectrum will find the book enlightening and informative. Written by eight authors, all of whom have cross-disciplinary expertise, this book shifts the focus away from the point of view of rights, politics, or morality and examines the effect of laws and policies from the perspective of public health and welfare.
The late-20th century has witnessed dramatic technological developments in biomedical science and the delivery of health care, and these developments have brought with them important social changes. All too often ethical analysis has lagged behind these changes. The purpose of the "Issues in Biomedical Ethics" series is to provide lively, up-to-date, and authoritative studies for the increasingly large and diverse readership concerned with issues in biomedical ethics - not just health care trainees and professionals, but also social scientists, philosophers, lawyers, social workers and legislators. The focus of this volume is the testing and screening for HIV and AIDS which gives rise to ethical, legal and social issues of the most controversial and delicate kind. An international team of 18 doctors, philosophers and lawyers present a fresh and thorough discussion of these issues; they aim to show the way to practical advances but also to give an accessible guide to the debates for readers new to them. The contributors pay particular attention to the sensitive nature of the information yielded by a test for HIV antibody. They consider such questions as these: Are we under an obliga
The increasing proportion of demented elderly in populations, debates over patient 's rights and autonomy, and the growing body of knowledge on dementia has inspired the European Dementia Consensus Network to regard competence assessment in dementia as an important topic of debate. This book contains a summarised consensus as well as chapters on state-of-art neuropsychological functions and how they relate to competence, and chapters discussing ethical, legal perspectives.
This book offers fresh approaches to a variety of social and political issues that have become highly polarized and resistant to compromise by examining them through a population-based public health perspective. The topics included are some of the most contentious: abortion and reproductive rights; end-of-life issues, including the right to die and the treatment of pain; the connection between racism and poor health outcomes for African-Americans; the right of same-sex couples to marry; the toll of gun violence and how to reduce it; domestic violence and how the criminal justice model fails to deal with it effectively; and how tort compensation and punitive damages can further public health goals. People at every point along the political spectrum will find the book enlightening and informative. Written by eight authors, all of whom have cross-disciplinary expertise, this book shifts the focus away from the point of view of rights, politics, or morality and examines the effect of laws and policies from the perspective of public health and welfare.
This book addresses the issues and methods involved in governing risks posed by genetically modified (GM) agriculture. It examines the evolution of policies intended to ensure the safety of GM crops and food products in the United States and Europe and the regulatory approaches and other social controls employed to protect human health, the environment, conventional farming and foods, and the interests and rights of consumers. Discussion encompasses the cultural, political, and economic forces that shape the design and application of the methods of risk governance, as well as other contextual features such as the influence of multinational companies seeking acceptance of their GM ventures. This discussion also examines the influence of the dynamic public discourse fostered by progressive concepts of risk governance and the approaches taken to meet its demands for transparency, public participation, and appropriate consideration of public perceptions and values despite conflicting views of experts.
Are you alive? What makes you so sure? Most people believe this question has a clear answer that some law defines our status as living (or not) for all purposes. But they are dead wrong. In this pioneering study, Elizabeth Price Foley examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death. Foley reveals that not being dead is not necessarily the same as being alive, in the eyes of the law. People, pre-viable fetuses, and post-viable fetuses have different sets of legal rights, which explains the law's seemingly inconsistent approach to stem cell research, in vitro fertilization, frozen embryos, in utero embryos, contraception, abortion, homicide, and wrongful death. In a detailed analysis that is sure to be controversial, Foley shows how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The "right to die," Foley worries, may be morphing slowly into an obligation to die. Foley s balanced, accessible chapters explore the most contentious legal issues of our time including cryogenics, feticide, abortion, physician-assisted suicide, brain death, vegetative and minimally conscious states, informed consent, and advance directives across constitutional, contract, tort, property, and criminal law. Ultimately, she suggests, the inconsistencies and ambiguities in U.S. laws governing life and death may be culturally, and perhaps even psychologically, necessary for an enormous and diverse country like ours.
This book is a close study of lawyers who practise occupational safety and health law in the United States, using detailed interview and survey data to explore the roles that lawyers have as representatives of companies, unions, and OSHA (the Occupational Safety and Health Administration). Placed in the context of evolving understandings of regulatory politics as a problem of public-private interaction and negotiation, the book argues that lawyers adapt to multiple roles in what prove to be highly complex settings. The core chapters examine stages of the administrative process where various groups attempt to shape the immediate outcomes and the development of OSHA law. These stages include administrative rulemaking, post-rulemaking litigation of government standards, regulatory enforcement, and compliance counseling by lawyers.
How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.
Born into a tenant farming family in North Carolina in 1946, Mary Louise, Mary Ann, Mary Alice, and Mary Catherine were medical miracles. Annie Mae Fultz, a Black-Cherokee woman who lost her ability to hear and speak in childhood, became the mother of America's first surviving set of identical quadruplets. They were instant celebrities. Their White doctor named them after his own family members. He sold the rights to use the sisters for marketing purposes to the highest-bidding formula company. The girls lived in poverty, while Pet Milk's profits from a previously untapped market of Black families skyrocketed. Over half a century later, baby formula is a seventy-billion-dollar industry and Black mothers have the lowest breastfeeding rates in the country. Since slavery, legal, political, and societal factors have routinely denied Black women the ability to choose how to feed their babies. In Skimmed, Andrea Freeman tells the riveting story of the Fultz quadruplets while uncovering how feeding America's youngest citizens is awash in social, legal, and cultural inequalities. This book highlights the making of a modern public health crisis, the four extraordinary girls whose stories encapsulate a nationwide injustice, and how we can fight for a healthier future.
How partisanship, polarization, and medical authority stand in the way of evidence-based medicine The U.S. medical system is touted as the most advanced in the world, yet many common treatments are not based on sound science. Unhealthy Politics sheds new light on why the government's response to this troubling situation has been so inadequate, and why efforts to improve the evidence base of U.S. medicine continue to cause so much political controversy. This critically important book paints a portrait of a medical industry with vast influence over which procedures and treatments get adopted, and a public burdened by the rising costs of health care yet fearful of going against "doctor's orders." Now with a new preface by the authors, Unhealthy Politics offers vital insights into the limits of science, expertise, and professionalism in American politics.
For sixty years genetic counselors have served as the messengers of important information about the risks, realities, and perceptions of genetic conditions. More than 2,500 certified genetic counselors in the United States work in clinics, community and teaching hospitals, public health departments, private biotech companies, and universities. "Telling Genes" considers the purpose of genetic counseling for twenty-first century families and society and places the field into its historical context. Genetic counselors educate physicians, scientific researchers, and prospective parents about the role of genetics in inherited disease. They are responsible for reliably translating test results and technical data for a diverse clientele, using scientific acumen and human empathy to help people make informed decisions about genomic medicine. Alexandra Minna Stern traces the development of genetic counseling from the eugenics movement of the early twentieth century to the current era of human genomics. Drawing from archival records, patient files, and oral histories, Stern presents the fascinating story of the growth of genetic counseling practices, principles, and professionals.
Lawrence O. Gostin's seminal Public Health Law is widely acclaimed as the definitive statement on public health law at the turn of the twenty-first century. In this bold third edition, Gostin is joined by Lindsay F. Wiley to analyze major health threats of our time such as chronic diseases, emerging infectious diseases, antimicrobial resistance, bioterrorism, natural disasters, opiod overdose, and gun violence. The authors draw on constitutional law, administrative law, local government law, and tort law to develop their conception of law as a tool for protecting the public's health. The book creates an intellectual framework for modern public health law and supports that framework with illustrations of the scientific, political, and ethical issues involved. In proposing innovative solutions for the future of the public's health, Gostin and Wiley's essential study provides a blueprint for public and political debates to come. New issues covered in this edition: corporate personhood rights raised in response to regulations of tobacco, food and beverages, alcohol, firearms, prescription drugs, and marijuana; local government authority to protect the public's health; deregulation and harm reduction as modes of public health law intervention; taxation, spending, and alteration of the socioeconomic environment as modes of public health law intervention; access to health care as a strategy for protecting the public's health; taxation, spending, licensing, zoning, and shared-use strategies for chronic disease prevention; the public health law perspective on violence and injury prevention; and health justice as a framework for reducing health disparities and protecting the public's health.
Gutachten erstellen - dies erfordert Wissen und den Blick uber den Tellerrand! Als Gutachter stellen Sie ihr Fachwissen und ihre Kompetenz Gerichten, Behoerden, Versicherungen und anderen Auftraggebern zur Verfugung. Hier finden Sie alles uber die Grundlagen und Besonderheiten bei der Gutachtenerstellung und profitieren von der langjahrigen Erfahrung der Autoren: Basiswissen nachlesen Rechtsgrundlagen und Aufgaben der Begutachtung Organbezogene Darstellung der Erkrankungen Kausalitaten erkennen und Systematik anwenden In jedem Kapitel enthalten: Diagnostik Krankheitsdefinition Fragen zum Zusammenhang Bewertung nach dem Sozialrecht Fragestellungen aus der Privatversicherung Hinweise zur Prognose Risikobeurteilung und Verbesserung durch Rehabilitation Praxisplus Leitlinien fur die Begutachtung Abrechnungsbeispiele und Tabellen zu Vergutungen Internetadressen NEU: Erweitert um ICF sowie Rechtsgrundlagen fur Schweiz und OEsterreich Sowohl fur jeden arztlichen Gutachter als auch fur den Auftraggeber von Gutachten als Nachschlagewerk bestens geeignet!
Today, scientists are using CRISPR/Cas9 and other molecular editing tools to alter human gametes and embryos, a practice known as human germline modification. In the near future, these efforts may lead to the birth of children with better health, improved memories, and extended lifespans. However, critics claim that human germline modification exceeds divine and natural boundaries, transforms reproduction into manufacture, and yields apocalyptic outcomes such as the collapse of democracy. Enhanced Beings: Human Germline Modification and the Law analyzes and critiques these objections on both biological and political grounds. Professor Kerry Lynn Macintosh discusses the hidden psychology behind the objections, and describes the laws that affect this new technology. Provocative and timely, Enhanced Beings argues that bans on human germline modification pose a threat to scientists and science, parents, children, foreigners, and society.
This authoritative guide to the law of continuing healthcare provides clarity on a contentious issue for those in long-term care: which adults are eligible for full NHS funding, as opposed to self-funded social care. Written by seasoned legal expert Michael Mandelstam, it provides practitioners with clear information on both the letter and spirit of the law, written in an accessible style suitable for a wide range of health and social care practitioners. The book gives all the need-to-knows in a handy A-Z format for quick reference, including key legal rules, guidance and case law. It contains also an extended analysis, with detailed evidence, of NHS continuing healthcare over the last 30 years up to the present. This is critical in order to understand why the rules are so complex, confusing and sometimes disregarded, and why decisions can seem counter-intuitive, unfair and difficult to challenge. The book is essential reading to assist the making of decisions that are fair, lawful and transparent.
The second and thoroughly revised edition of the 1999 reference provides substantially expanded citations in vital areas such as institutional liability, genetics, managed care, integrated delivery systems, professional regulation, and antitrust law. This comprehensive reference work is unique in its scope, accuracy, timeliness, and viability. It is endorsed by the American Health Lawyers Association and the American Hospital Association. |
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