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Books > Law > Laws of other jurisdictions & general law > Social law > Public health & safety law
By analysing the roles and problems faced by international regimes as major players in global health governance, this book looks into the root causes of the often insufficient supply of global public goods for health and of the deficiencies in current global health governance. Combining several different methods of analysis and methodologies, this book sketches out the landscape of international public health governance involving a range of international actors. These include the World Health Organization, the World Trade Organization, the Biological Weapons Convention and international human rights regimes. Through a novel theoretical framework that synthesises the theory of securitisation, public goods and international regimes, the author then focuses on factors that have resulted in observed deficiencies in global health governance. Based on these examinations, the book also tries to explore feasible approaches for institutional refinement and innovations for greater effectiveness in global health governance. The book will appeal to academics and policy makers interested in global health, international relations and international law.
Fire Safety Law provides building-owners, managers, individual leaseholders, mortgage-lenders, landlords, and anyone involved in the purchase or sale of a flat situated within a multi-occupied block, with practical, yet comprehensive and well-researched information regarding the subject of fire safety and the associated responsibilities, obligations and rights. V. Charles Ward addresses in practical legal terms the responsibilities on building-owners to ensure that buildings are fire-safe for people who are living, working, or visiting those buildings and explains what protections are available to leaseholders faced with the costs of making their buildings fire-safe. The book begins with a summary of the lessons which have come from the Grenfell Inquiry, before providing a practical overview of current fire-safety legislation relating to residential and commercial buildings. This legislative overview will include not only the 2005 Fire Safety Order, as updated by the 2021 Fire Safety Act and the Fire Safety (England) Regulations 2022, but will also include associated and emerging legislation and official guidance in relation to fire safety, including gas and electrical safety regulation, as well as the Building Safety Act 2022. The book will then pull apart a typical long-residential lease within a high-rise block to identify who is directly responsible for fire safety and explain how the costs of making good the fire-risk from defective cladding might be shared out between the ground-landlord and individual residential leaseholders. Having assessed the legal situation as regards existing high-rise leaseholders, the book then addresses the additional 'due diligence' required by prospective purchasers of individual high-rise flats, as well as estate agents, mortgage lenders, landlords and conveyancing lawyers, to ensure that what they will be buying or lending money on is 'fire-safe' and that any associated costs are fully accounted for.
Since the 1980s, there has been an alarming increase in the prevalence of obesity in virtually every country in the world. As obesity is known to lead to both chronic and severe medical problems, it imposes a cost not only on affected individuals and their families, but also on society as a whole. In Europe, the Obesity Prevention White Paper of May 2007 - followed by the adoption of an EU School Fruit Scheme, the acknowledgement that food advertising to children should be limited, and proposed legislation to make nutrition labeling compulsory - has firmly placed obesity on the EU agenda by laying down a multi-sectoral strategy and a basis for future action. In accordance with this growing sense of urgency, this is the first book to offer an in-depth legal analysis of obesity prevention, with particular reference to Europe. It describes what the EU has done and could do to support Member States in fighting the obesity epidemic, and clearly shows the way to locating advocacy strategies within the framework of EU law. The thorough analysis includes a discussion of the following issues: the need to address nutrition and physical activity as important health determinants; the emphasis traditionally placed at EU level on food safety rather than food quality; the need for the development of databases on nutrition and physical activity, comparable common indicators and risk assessment mechanisms; mainstreaming public health into all EU policies; the scope of EU powers in the case law of the Court of Justice; the role of information in the EU's obesity prevention strategy; the Commission's proposed Mandatory Nutrition Declaration; and, the Food Claims Regulation. It also includes: the regulation of food marketing to children, and in particular the role of the Audiovisual Media Services Directive, the Unfair Commercial Practices Directive and industry self-regulation; food reformulation; the use of economic instruments in the EU's obesity prevention strategy, with an emphasis on the Common Agricultural Policy and the EU's taxation policy; and EU action in the fields of sport, occupational health and safety, and transport policy. The author convincingly shows that conflicts of interest inherent in market forces demand a strong EU intervention, preferably through legislation than self-regulation. She also demonstrates the urgent need to reach an agreement, on the basis of reliable data, about what is effective in practice to improve lifestyles. The study acknowledges that the law is not a panacea, but nonetheless has an influential role to play in making the healthy choice an easier choice, and must move decisively towards ensuring that the societal costs associated with obesity are sustainable, and that the ultimate goal of a healthy population is achievable. The book is essential reading for everyone involved or interested in the development of the EU's obesity prevention policy.
This timely book examines the interaction of health research and regulation with law through empirical analysis and the application of key anthropological concepts to reveal the inner workings of human health research. Through ground-breaking empirical inquiry, Regulatory Stewardship of Health Research explores how research ethics committees (RECs) work in practice to both protect research participants and promote ethical research. This thought-provoking book provides new perspectives on the regulation of health research by demonstrating how RECs and other regulatory actors seek to fulfil these two functions by performing a role of 'regulatory stewardship'. This involves guiding researchers through stages of research approval, as well as seeking to maximise benefits for participants and society while minimising risks. Arguing that participant protection and research promotion should rightly be treated as twin objectives for health research regulators, this book asserts that there is a need for more overt recognition of the importance and function of the deliberative space in which RECs can negotiate the risks relevant to a research application. This book is a key resource for academics and students interested in health research and regulation, and the dynamic interaction of ethics and the law. Regulators and policy-makers will also find it to be an insightful and illuminating text for the practical insights that it reveals about research governance in action.
Deaths from preventable disease have decreased life expectancy in the United States for the first time in a century. This book argues that we must deal with the crisis by embracing prevention as our nation's top health sector priority. In Prevention First, Dr. Anand K. Parekh, chief medical advisor of the Bipartisan Policy Center, argues that disease prevention must be our nation's top health policy priority. Building a personal culture of prevention, he writes, is not enough; elected officials and policymakers must play a greater role in reducing preventable deaths. Drawing on his experiences as a clinician, public servant, and policy advisor, Dr. Parekh provides examples of prevention in action from across the country, giving readers a view into why prevention-first policies are important and how they can be accomplished. Throughout the book, he demonstrates that, in order to optimize health in America, we must leverage health insurance programs to promote disease prevention, expand primary care, attend to the social determinants of health, support making the healthier choice the easy choice for individuals, and increase public health investments. Describing the areas of common ground to be found in public health and prevention, even between the entrenched sides in the healthcare policy debate, Dr. Parekh establishes a foundation on which healthcare policy makers and advocates can build. Providing concrete steps that federal policymakers should take to promote prevention both within and outside our healthcare sector, Prevention First not only sounds the alarm about the terrible consequences of preventable disease but serves as a rallying cry that we can and must do better in this country to reduce preventable deaths.
Dukes, Braithwaite and Moloney reach the depressing conclusion that 'corporate crime in the pharmaceutical industry appears to be on the rise.' Their approach to this problem is much more nuanced than just throwing people in jail. They advocate for a pyramid of regulatory strategies including qui tam legislation and equity fines. There is an opportunity for a radical transformation of the pharmaceutical industry and the authors offer us a road map to begin that journey.' - Joel Lexchin MD, York University, CanadaThe pharmaceutical industry must exist to serve the community, but over the years it has engaged repeatedly in corporate crime and anti-social behavior, with the public footing the bill. This readable study by experts in medicine, law, criminology and public health, with deep experience of the industry, documents problems ranging from false advertising and counterfeiting to corruption, fraud and overpricing. It is a fresh and revealing look at the unacceptable pressures brought to bear on doctors, politicians, patients and the media. Uniquely, the book presents realistic and worldwide solutions for the future, with positive policies encouraging honest dealing, as well as partial privatization of enforcement and a transformation of science policy to develop the medicines that society needs most. The authors examine in turn each of the main facets of the pharmaceutical industry's activities - research, manufacturing, information, distribution and pricing - as well as some questionable aspects of its relationship with society. Offering a considered analysis of pharmaceutical rights and wrongs as they have developed, particularly over the last half-century, this book is rich in new insights for managers in the pharmaceutical industry, regulatory agencies and health agencies. Contents: Essay Part I: Setting the Scene Introduction Part II: A View of Rights and Wrongs 1. Creating a Medicine: Why, How and How Not 2. Safe, Unsafe and Improper Manufacturing Practices 3. Aggressive or Misleading Promotion 4. The Dark Art of Manipulation: The Industry and its Puppets 5. Corruption, Counterfeiting and Fraud 6. Prices, Monopolies, Abuses and the Law Part III: Transforming the Way Ahead 7. A Criminological Perspective on a Worsening Crisis 8. Positive Regulation: The Complementary Role of Supports and Sanctions 9. A Responsive Criminal Law of Pharmaceuticals 10. Privatising Enforcement 11. A New Capitalism: A New Drug Diplomacy Index
AIDS and the Sexuality of Law maps the relationship between sexuality and the law and science of AIDS as it evolved between 1985 and 1995. The book undertakes a close reading of case opinions from the federal appellate courts and argues that these scripts can be read productively through the interpretive lens of irony. Although these texts rely literally on the language of science to construct an appearance of managing HIV transmission risks, they depend figuratively on a sexual epistemology that relegates important fragments of information to the realm of the unknowable. Court cases examined in the book deal with adult businesses, the health care industry, and prisons.
This volume is an inspiring and breakthrough piece of academic scholarship and the first of its kind featuring a comprehensive reader-friendly approach to teach the intricacies of the various aspects of international farm animal, wildlife conservation, food safety and environmental protection law. The selected focus areas are grouped in sections, such as agrobiodiversity, fishing and aquaculture, pollinators and pesticides, soil management, industrial animal production and transportation, and international food trade. Farm animal welfare, environmental protection, biodiversity conservation, and food safety are the core of the selected chapters. Every chapter provides real-world examples to make the complex field easy to understand. With its systematic approach, this book is devoted to anyone interested in the subject, becomes a valuable resource for professionals working in food regulation, and provides a solid foundation for courses and master's programs in animal law, environmental policy, food and agriculture law, and regulation of these subjects around the world. Through its emphasis on sustainable food production, this work offers a cutting-edge selection of evolving topics at the heart of the pertinent discourse. As one of its highlights, this books also provides "Tools for Change," a unique compilation and analysis of laws from the major farm animal product trading nations. With these tools, practitioners, advocates, policy makers and other state-holders are equipped with information to start work toward improving farm animal welfare, wildlife conservation, and food safety through the use of law and policy.
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
With family doctors increasingly overburdened, bureaucratized, and burned out, how can the field change before it's too late? Over the past few decades, as American medical practice has become increasingly specialized, the number of generalists-doctors who care for the whole person-has plummeted. On paper, family medicine sounds noble; in practice, though, the field is so demanding in scope and substance, and the health system so favorable to specialists, that it cannot be fulfilled by most doctors. In Searching for the Family Doctor, Timothy J. Hoff weaves together the early history of the family practice specialty in the United States with the personal narratives of modern-day family doctors. By formalizing this area of practice and instituting specialist-level training requirements, the originators of family practice hoped to increase respect for generalists, improve the pipeline of young medical graduates choosing primary care, and, in so doing, have a major positive impact on the way patients receive care. Drawing on in-depth interviews with fifty-five family doctors, Hoff shows us how these medical professionals have had their calling transformed not only by the indifferent acts of an unsupportive health care system but by the hand of their own medical specialty-a specialty that has chosen to pursue short- over long-term viability, conformity over uniqueness, and protectionism over collaboration. A specialty unable to innovate to keep its membership cohesive and focused on fulfilling the generalist ideal. The family doctor, Hoff explains, was conceived of as a powered-up version of the "country doctor" idea. At a time when doctor-patient relationships are evaporating in the face of highly transactional, fast-food-style medical practice, this ideal seems both nostalgic and revolutionary. However, the realities of highly bureaucratic reimbursement and quality-of-care requirements, educational debt, and ongoing consolidation of the old-fashioned independent doctor's office into corporate health systems have stacked the deck against the altruists and true believers who are drawn to the profession of family practice. As more family doctors wind up working for big health care corporations, their career paths grow more parochial, balkanizing the specialty. Their work roles and professional identities are increasingly niche-oriented. Exploring how to save primary care by giving family doctors a fighting chance to become the generalists we need in our lives, Searching for the Family Doctor is required reading for anyone interested in the troubled state of modern medicine.
A time-tested, landmark approach to health promotion and communication projects and everything that goes into making them successful. For more than 40 years, the PRECEDE-PROCEED model, developed in the early 1970s by Lawrence W. Green and first published as a text in 1980 with Marshall W. Kreuter, Sigrid G. Deeds, and Kay B. Partridge, has been effectively applied worldwide to address a broad range of health issues: risk factors like tobacco and lack of exercise, social determinants of health such as lack of access to transportation and safe housing, and major disease challenges like heart disease and guinea worm disease. In Health Program Planning, Implementation, and Evaluation, Green and his team of senior editors and chapter authors combine their expertise to offer a high-level guide to public health programming. This guide aligns with foundational public health competencies required by increasingly rigorous certification and accreditation standards. Driven by the coronavirus pandemic and a looming climate crisis, the book addresses the rapid changes in modern-day conceptions of disease prevention and health promotion. Today's public health practitioners and researchers are often called upon to address a complex web of factors, including population inequities, that influence health status, from biology to social and structural determinants. Program and policy solutions to population health challenges require systematic planning, implementation, and evaluation. Providing students with knowledge, skills, and a range of tools, the book recognizes new approaches to communication and fresh methods for reaching a greater diversity of communities. The authors highlight the importance of starting the population health planning process with an inclusive assessment of the social needs and quality-of-life concerns of the community. They explain how to assess health problems systematically in epidemiological terms and address the behavioral and environmental determinants of the most important and changeable health problems. They also cover procedures for assessing and developing the capacity of communities and organizations to implement and evaluate programs. Drawing on more than 1,200 published applications of the PRECEDE-PROCEED model, Health Program Planning, Implementation, and Evaluation features numerous case studies and contributions from internationally recognized experts, including governmental, academic, and community public health leaders, giving readers a thorough and well-rounded view of the subject. Ultimately, it is an up-to-date powerhouse for community and global health promotion at all levels. Contributors: Faten Ben Abdelaziz, John P. Allegrante, Patricia Chalela, Cam Escoffery, Maria E. Fernandez, Jonathan E. Fielding, Robert S. Gold, Shelly Golden, Holly Hunt, Vanya C. Jones, Michelle C. Kegler, Gerjo Kok, Lloyd J. Kolbe, Chris Y. Lovato, Rodney Lyn, Guy Parcel, Janey C. Peterson, Nico Pronk, Amelie G. Ramirez, Paul Terry
This timely Research Handbook provides a critical conceptualization and definition of the growing field of global health law. The Research Handbook forms the first comprehensive study on the treatment of health issues in international legal regimes and explores the role of international law in addressing the most prominent global health challenges. The editors have consciously adopted a holistic approach by including 'soft' norms and informal law-making processes in the Research Handbook's scope to give a realistic account of the normative framework that shapes contemporary global health. Despite following a predominantly legal perspective, the Research Handbook also adopts an interdisciplinary approach by looking at health from a governance perspective and using insights from international relations scholarship in forecasting possible future developments surrounding health law. The Research Handbook features contributions from a team of leading international legal scholars who have experience of approaching the issue of global health from multiple angles. International law scholars who are seeking information on the growing role of health in governance trends will find this Research Handbook to be of great interest. Public health scholars who are researching international legal perspectives on health practice and policy will also find it to be a valuable resource. Contributors include: F. Abbott, A. Bellal, C. Brassart Olsen, G.L. Burci, G. Call, A. Garde, C. Giorgetti, S. Gruskin, M. Hartley, J. Liberman, M.M. Mbengue, B. McGrady, S. Moon, T. Murphy, S. Negri, K. O'Cathaoir, X. Seuba, D. Tarantola, J. Tobin, B. Toebes, S. Waltman, S. Zhou
- Sidney Dekker examines how decades of deregulation and privatization have only led to a greater burden of compliance, and why, with so many rules to ensure safety, things can still go spectacularly wrong. - Written for all those with a vested interest in understanding the actual nature of organizational safety and performance, and in doing so make tangible improvements. - The first in a unique trilogy, this book complements Dekker's many best-sellers while broadening his appeal way beyond safety-critical industries.
This book is a leadership guide to the effective implementation of the ISO 45001:2018 standard. It takes the high-level leadership and top management principles put forward in ISO 45001 and develops them into a comprehensive discourse on how, at the very top of any organization, large or small, leaders can drive the occupational health and safety (OH&S) agenda and ensure the effective implementation of the OH&S management systems. While the standard sets out expectations for top management, this book provides a clear explanation of the OH&S roles, responsibilities, and accountabilities between those who direct the organization and drive it towards achieving its strategic aims and those who lead the day-to-day operations. It puts forward a purposeful, easy-to-follow, and effective system for the implementation of ISO 45001 whilst also, and more importantly, maximizing the value proposition of such a global standard, regardless of industry. The book is written for top management teams of both non-executive and executive leadership, as well as senior advisors, in all organizations seeking to effectively implement OH&S policies and management systems. It can also be utilized to create training and learning materials to assist with implementation.
As the COVID-19 pandemic has unfolded, stark social inequalities have increasingly been revealed and, in many cases, been exacerbated by the global health crisis. This book explores these inequalities, identifying three thematic strands: power and governance, gender and marginalized communities. By examining these three themes in relation to the effects of the pandemic, the book uncovers how unequal the pandemic truly is. It brings together invaluable insights from a range of international scholars across multiple disciplines to critically analyse how these inequalities have played out in the context of COVID-19 as a first step towards achieving social justice.
REACH and the Environmental Regulation of Nanotechnology presents a thorough and comprehensive legal analysis on the status of nanoscale chemicals under the EU's REACH (Registration, Evaluation, Authorisation, and Restriction) regulation, asking whether it effectively safeguards human health and environmental protection. This book examines the European Commission's claim that REACH offers the best possible framework for the risk management of nanomaterials. Through a detailed and meticulous analysis of the four phases of REACH, Kuraj assesses the capacity of the Regulation to protect human health and the environment against the potential harms associated with exposure to nanomaterials, and draws attention to the ways in which the specificities of nanoscale chemicals are (not) tackled by the current REACH framework. Overall, this book is an innovative and timely contribution to the ongoing debate on how to best address the unprecedented risks posed by the growing pursuit of nanotechnological innovation by the EU and global policy agenda. REACH and the Environmental Regulation of Nanotechnology will be of great interest to advanced students and scholars of environmental law and policy, environmental governance, science and technology studies, and environment and health.
Improving how individuals give birth and die in the United States requires reforming the regulatory, reimbursement, and legal structures that centralize care in hospitals and prevent the growth of community-based alternatives. In 1900, most Americans gave birth and died at home, with minimal medical intervention. By contrast, most Americans today begin and end their lives in hospitals. The medicalization we now see is due in large part to federal and state policies that draw patients away from community-based providers, such as birth centers and hospice care, and toward the most intensive and costliest kinds of care. But the evidence suggests that birthing and dying people receive too much-even harmful-medical intervention. In The Medicalization of Birth and Death, political scientist Lauren K. Hall describes how and why birth and death became medicalized events. While hospitalization provides certain benefits, she acknowledges, it also creates harms, limiting patient autonomy, driving up costs, and causing a cascade of interventions, many with serious side effects. Tracing the regulatory, legal, and financial policies that centralize care during birth and death, Hall argues that medicalization reduces competition, stifles innovation, and prevents individuals from accessing the most appropriate care during their most vulnerable moments. She also examines the profound implications of policy-enforced medicalization on informed consent and shows how medicalization challenges the healthcare community's most foundational ethical commitments. Drawing on interviews with medical and nonmedical healthcare providers, as well as surveys of patients and their families, Hall provides a broad overview of the costs, benefits, and origins of medicalized birth and death. The Medicalization of Birth and Death is required reading for academics, patients, providers, policymakers, and anyone else interested in how policy shapes healthcare options and limits patients and providers during life's most profound moments.
'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.
How sales representatives from Big Pharma and other healthcare companies circumvent public and regulatory scrutiny by forging relationships with nurses. Awarded second place in the 2019 AJN Book of the Year Award in the Professional Issues Category by the American Journal of Nursing It was once common for pharmaceutical companies and medical device makers to treat doctors to lavish vacations or give them new cars; companies would do virtually anything to buy influence so that their medications or devices would be used in a doctor's office or hospital. But with growing public scrutiny of kickbacks to doctors, the huge giveaways have disappeared. In Infiltrating Healthcare, Quinn Grundy shows that sales representatives are working instead behind the scenes. It is to nurses that these companies now market. Nurses, Grundy argues, are the perfect target for sales reps: their work is largely invisible and frequently undervalued, yet they wield a great deal of influence over treatment and purchasing decisions. Furthermore, there are no legal restrictions on marketing to most nurses. Grundy describes how, under the guise of education or product support, and through gifts and free samples, sales representatives influence nurses in the course of day-to-day clinical practice. Grundy argues that the very presence of sales reps in operating rooms, purchasing committee meetings, and patient care units blurs the boundaries between patient care and medical sales. Helpfully, she also describes ways that nurses can be aware of (and resistant to) their influence. Infiltrating Healthcare is a call to action to protect the clinical spaces where we are at our most vulnerable-and the decisions that take place there-from the pursuit of profit at any cost. This is a timely book that shines a light on a practice that often goes unseen, and which has tangible implications for healthcare policy and practice.
Due to new developments in prenatal testing and therapy the fetus is increasingly visible, examinable and treatable in prenatal care. Accordingly, physicians tend to perceive the fetus as a patient and understand themselves as having certain professional duties towards it. However, it is far from clear what it means to speak of a patient in this connection. This volume explores the usefulness and limitations of the concept of 'fetal patient' against the background of the recent seminal developments in prenatal or fetal medicine. It does so from an interdisciplinary and international perspective. Featuring internationally recognized experts in the field, the book discusses the normative implications of the concept of 'fetal patient' from a philosophical-theoretical as well as from a legal perspective. This includes its implications for the autonomy of the pregnant woman as well as its consequences for physician-patient-interactions in prenatal medicine.
The fate of the dead is a compelling and emotive subject, which also raises increasingly complex legal questions. This book focuses on the substantive laws around disposal of the recently deceased and associated issues around their post-mortem fate. It looks primarily at the laws in England and Wales but also offers a comparative approach, drawing heavily on material from other common law jurisdictions including Australia, New Zealand, Canada and the United States. The book provides an in-depth, contextual and comparative analysis of the substantive laws and policy issues around corpse disposal, exhumation and the posthumous treatment of the dead, including commemoration. Topics covered include: the legal frameworks around burial, cremation and other disposal methods; the hierarchy of persons who have a legal duty to dispose of the dead and who are entitled to possession of the deceased's remains; offences against the dead; family burial disputes, and the legal status of burial instructions; the posthumous use of donated bodily material; and the rules around disinterment, and creating an appropriate memorial. A key theme of the book will be to look at the manner in which conflicts involving the dead are becoming increasingly common in secular, multi-cultural societies where the traditional nuclear family model is no longer the norm, and how such legal contests are resolved by courts. As the first comprehensive survey of the laws in this area for decades, this book will be of use to academics, lawyers and judges adjudicating on issues around the fate of the dead, as well as the death industry and funeral service providers.
The book provides a collection of cutting-edge, multi-disciplinary research-based chapters on work, workers and the regulation and management of workplace health and safety. Featuring research from Australia, Europe and North America, the chapters traverse important historical examples and place important, emerging contemporary trends, like work in the gig economy, into wider international and historical perspectives. The authors are leading authorities in their fields. The book contributes to advancing our knowledge - empirical and theoretical - of the ways in which labour market dynamics, management strategies, state regulation and public policy, and union organisation affect outcomes for workers. It features in-depth exploration of, and reflection on, some of the major labour market challenges facing workers, and analysis of strengths and weaknesses of responses to those challenges, whether via management, state regulation or collective employee voice. The chapters highlight shifts in in/equality of outcomes; access to security and flexibility at work; genuine access to workplace voice and decision-making; and the implications of different avenues and mechanisms for regulating work and employment. The text is aimed at researchers, undergraduate and postgraduate students in work and organisational studies, industrial/employment relations and human resource management, workplace (or occupational) health and safety, employment law, and labour history. It will also be of particular interest to policy makers and practitioners working in the field of workplace health and safety.
Legal Competence in Environmental Health assists 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.
How do policy and politics influence the social conditions that generate health outcomes? Reduced life expectancy, worsening health outcomes, health inequity, and declining health care options-these are now realities for most Americans. However, in a country of more than 325 million people, addressing everyone's issues is challenging. How can we effect beneficial change for everyone so we all can thrive? What is the great equalizer? In this book, Daniel E. Dawes argues that political determinants of health create the social drivers-including poor environmental conditions, inadequate transportation, unsafe neighborhoods, and lack of healthy food options-that affect all other dynamics of health. By understanding these determinants, their origins, and their impact on the equitable distribution of opportunities and resources, we will be better equipped to develop and implement actionable solutions to close the health gap. Dawes draws on his firsthand experience helping to shape major federal policies, including the Affordable Care Act, to describe the history of efforts to address the political determinants that have resulted in health inequities. Taking us further upstream to the underlying source of the causes of inequities, Dawes examines the political decisions that lead to our social conditions, makes the social determinants of health more accessible, and provides a playbook for how we can address them effectively. A thought-provoking and evocative account that considers both the policies we think of as "health policy" and those that we don't, The Political Determinants of Health provides a novel, multidisciplinary framework for addressing the systemic barriers preventing the United States from becoming the healthiest nation in the world.
Books such as this one are deceptively difficult to create. The general subject is neither happy, nor easy, nor most anyone's idea of fun. M- practice litigation, however, has become a central fact of existence in the practice of medicine today. This tsunami of lawsuits has led to a high volume of irreconcilable rhetoric and ultimately threatens the stability of the entire health care system. Our goal has been to provide a source of reliable information on a subject of importance to all who provide me- cal care in the United States. The book is divided into four sections. Part I gives an overview of insurance in general and discusses the organization of professional - ability insurance companies in particular. Part II focuses on the litigation process itself with views from the defense and plaintiff bar, and the physician as both expert and defendant. Part III looks at malpractice litigation from the viewpoint of the practicing physician. Some of the chapters are broadly relevant to all doctors-the rise of e-medicine, and the importance of effective communication, for example. The other ch- ters are constructed around individual medical specialties, but discuss issues that are of potential interest to all. Part IV looks ahead. "The Case for Legal Reform" presents changes in medical-legal jurisprudence that can be of immediate benefit. The final two chapters take a broader perspective on aspects of our entire health care system and its interface with law and public policy. |
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