Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations in four parts and from the perspective of how this has evolved in the UK.

As progenitor of a system bequeathed to its colonies and after centuries of leadership in developing the core principles, policies and precedents that subsequently shaped its development, the contribution of England & Wales, the originating jurisdiction, is first described and analysed in detail in Parts 1 and 2. These broadly sketch the parameters and role of 'charity' - seen as a mix of public and private interests - then address the law's role in protecting, policing, adjusting and supporting charity. This provides the critical dimensions for the comparative analysis of experience in the common law nations that constitutes the main part of the book.

Part 3, in 5 chapters, provides an analysis of the legal functions as they apply to type of need and thereby give effect to social policy in Singapore, Australia, New Zealand, Canada and the United States of America. Part 4 concludes with three chapters that appraise political influence as a factor in aligning charity law with social policy to create a facilitative environment for appropriate charitable activity. Attention is given to the central role of the regulator, contemporary charity law frameworks and definitional boundaries.

This book introduces "biolaw" as an integrated and distinct field in contemporary legal studies. Corresponding to the legal dimension of bioethics, the term "biolaw" is already in use in academic and research activities to denote legal issues emerging mostly from advanced technological applications. This book is a genuine attempt to rationalize the field of biolaw after almost four decades of continuous production of relevant legislation and judgments worldwide. This experience is a robust basis for defending a) a separate legal object, covering the total of legal norms that govern the management of life as a natural phenomenon in all its possible forms, and b) an "evolutionary" approach that opens the discussion on a future conciliation of legal regulation with the Theory of Evolution on the ground of biolaw.

Vaughan's perceptive analysis of EU chemicals regulation vividly portrays new governance as an intricate world of 'hybrid' governance. It is a world in which a range of legislative and non-legislative texts and tools encounter one another in normative frameworks that are rather more fluid than fixed. Not only do we learn a great deal about EU chemicals regulation, our understanding of the complex legal character of new governance in the EU is greatly enriched.' - Kenneth Armstrong, University of Cambridge, UK'This fascinating and original monograph examines the EU's innovative regime for the regulation of chemicals. It will be of great interest to lawyers and political scientists who are interested in chemicals regulation, but also crucially to those who are not. The volume uses chemicals regulation as a case study to shed light upon broader debates in EU law and governance, including the role played by 'soft law' instruments in EU law and the pressing accountability issues to which this gives rise.' - Joanne Scott, University College London, UK 'Steven Vaughan's book on the EU's REACH regime is a splendid case study in new governance. It has been said that 'there is nothing more practical than a good theory.' Producing a good, practical theory, however, requires not just strong academic skills, but also practical experience. Vaughan brings both to the task of analyzing how 'new governance' plays out in the area of chemical regulation. His insightful analysis demonstrates that much highbrow academic theory on REACH and new governance is inaccurate.' - Lucas Bergkamp, Partner, Hunton & Williams, Brussels This perceptive book provides an exploratory, explanatory and normative account of the EU Regulation on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and its regulator, the European Chemicals Agency (ECHA). With more than one million words of official ECHA guidance to accompany and underpin the 516 pages of REACH, comprehension of these cooperative regimes is often confounded. Through rigorous analysis of REACH and ECHA's guidance, this book offers a critical insight into hybrid new governance, the situation whereby hard law is conjoined with soft law. Steven Vaughan uses his practical and academic expertise in environmental law to present an accessible and multidimensional account of the core elements of REACH and its associated guidance. The overarching discussion challenges existing assumptions about new governance to establish a basis for academic commentaries on EU chemicals regulation and hybridity in law and governance. Acute and discerning, this book will act as a useful reference tool for environmental and public law scholars and students interested in EU chemicals regulation, new governance and hybridity. Legal practitioners and policy makers alike will find value in the acumen into REACH for both advisory remarks and areas of potential reform.

Sexuality, Disability, and the Law approaches issues of sexual autonomy and disability from multiple perspectives, including constitutional law, international human rights, therapeutic jurisprudence, history, cognitive psychology, dignity studies, and theories and findings on gender constructs and societal norms. Perlin and Lynch determine that if our society continues to assert that persons with mental disabilities possess a primitive morality, we allow ourselves to censor their feelings and their actions. By denying their ability and desires to show love and affection, we justify this disparate treatment. Our reliance on stereotypes has warped our attitudes and our policies, and has allowed us to avoid important issues of humanity and of dignity that should be at the basis of any policies that affect this population.

The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.

This open access book provides the first comprehensive collection of papers that provide an integrative view on cybersecurity. It discusses theories, problems and solutions on the relevant ethical issues involved. This work is sorely needed in a world where cybersecurity has become indispensable to protect trust and confidence in the digital infrastructure whilst respecting fundamental values like equality, fairness, freedom, or privacy. The book has a strong practical focus as it includes case studies outlining ethical issues in cybersecurity and presenting guidelines and other measures to tackle those issues. It is thus not only relevant for academics but also for practitioners in cybersecurity such as providers of security software, governmental CERTs or Chief Security Officers in companies.

This book identifies the potential of intellectual property as a competitive asset for Latin American firms. The authors employ a cognitive approach that involves identifying why small firms are reluctant to register patents, resorting rather to alternative IP competitive strategies. This, in turn, results in the undercapitalization of intellectual assets, thus creating hurdles for the development of capital venture markets. Using new data gathered from highly innovative SMEs in Latin America and the Caribbean, the authors bring a fresh cognitive approach towards understanding the institutional role of intellectual property, and outline various new policy recommendations.

Scholarly studies of value creation for consumer experience constitute a very fragmented field, spanning the disciplines of design, branding and marketing. The Value of Design in Retail and Branding creates a much-needed bridge between different disciplines involved in retail design, bringing together a range of research and insights for practice in these disciplines, improving the impact of design. Here Katelijn Quartier, Ann Petermans, TC Melewar and Charles Dennis bring together a team of field-leading, practice-based experts in order to offer an interdisciplinary, practice-oriented inquiry into how design plays a key role in defining a successful retail environment and experience. In four sections organised around the concepts of design, experience, context, and interdisciplinarity, contributors highlight how to achieve impactful branding and retail-experience design through a focus on such issues as local relevance and storytelling. As each chapter concludes by explaining how its findings can feed into practice, this book begins filling the gap between academic journals and visual case studies, ultimately providing fertile ground for further debate around best practice. For its interdisciplinary approach, its scholarly rigour, and its clearly articulated implications for practice, The Value of Design in Retail and Branding is of interest to scholars of design, branding and marketing as well as to practitioners within these fields.

This book considers contested responsibilities between the public and private sectors over the use of online data, detailing exactly how digital human rights evolved in specific European states and gradually became a part of the European Union framework of legal protections. The author uniquely examines why and how European lawmakers linked digital data protection to fundamental human rights, something heretofore not explained in other works on general data governance and data privacy. In particular, this work examines the utilization of national and European Union institutional arrangements as a location for activism by legal and academic consultants and by first-mover states who legislated digital human rights beginning in the 1970s. By tracing the way that EU Member States and non-state actors utilized the structure of EU bodies to create the new norm of digital human rights, readers will learn about the process of expanding the scope of human rights protections within multiple dimensions of European political space. The project will be informative to scholar, student, and layperson, as it examines a new and evolving area of technology governance - the human rights of digital data use by the public and private sectors.

National institutions involved in environmental policy planning respond more to the accommodation of special interests, whether vested, parochial, or societal, than to the realities of technological advances. This situation, combined with the added problem of widespread scientific illiteracy, makes the formulation of effective environmental policy a very difficult task to accomplish.

Our politico-legal system and relationships among science, scientists, and society are explored here with specific attention to issues arising from pharmaceutical innovation and biotechnology. The identification of the resultant dilemmas reveal disenfranchisement and point to possible means of reform. Howell focuses on the need for multilateral responsibility for communication to improve the accommodation of science in policy. A truly multidisciplinary study, this book is for environmental planners as well as the interested public.

This edited collection brings together an impressive array of authors from the world of international trade, the environment and public health. Each of them is eminently well-placed to bring their own particular expertise to bear on the issue at hand, and to do so in a knowledgeable and stimulating manner. This Research Handbook is a must for anyone interested in these overlapping fields of law and policy whether as a basis for learning or as a resource for further research.' - Mary Footer, University of Nottingham School of Law, UK'This fantastic collection of essays explores the multiple intersections between trade and environment in the WTO. The contributions by leading scholars are theoretically engaged whilst practical in their focus. It is a 'must read' for those concerned to ensure that trade liberalisation does not stand in the way of sustainable development, including urgently needed action to mitigate the risks and consequences of climate change.' - Joanne Scott, University College London, UK 'Geert Van Calster and Denise Prevost have managed to induce virtually all the great experts on health, environment and WTO law to contribute to their Research Handbook on these subjects. The result is undoubtedly an excellent volume that should adorn the bookcase of any and all interested in the important problem of the relation between international rule-making and regulatory autonomy of states in this area of international economic law.' - Pieter Jan Kuijper, University of Amsterdam, The Netherlands This Handbook provides state-of-the-art analysis by leading authors on the links between the international trade regime and health and environment concerns - concerns that make up an increasing proportion of WTO dispute settlement. Research Handbook on Environment, Health and the WTO surveys fields as diverse as climate change mitigation, non-communicable diseases, nanotechnology and public health care. The volume brings to the fore the debates and complexities surrounding these issues and their implications for the international trading system. The Handbook begins in Part I with a survey of general issues that sets a context for the more specific sectorial studies. Part II considers the most pressing issues within health regulation and trade law, whilst Part III is devoted to environmental regulation and its interface with trade law. Part IV looks specifically at aspects of the dispute settlement process and in particular standard of review, and the book concludes in Part V with a consideration of the impact of trade measures on the health and environment regimes of emerging economies. This comprehensive yet concise Handbook will appeal to academics and researchers in international trade law and environmental law, as well as trade law practitioners. Contributors include: A. Accuri, A. Alemanno, J. Atik, H. Baumuller, M. Burnier, T. Cottier, K. Das, J. De Cendra De Larragan, P. Delimatsis, M. Echols, T. Epps, M. Footer, L. Gruszczynki, A. Herwig, C. Joerges, B. Mercurio, P. Morrisson, L. Nielsen, J. Pauwelyn, J. Peel, D. Regan, L. Rubini, D. Shabalala, N. Shariff, T. Voon, D. Wirth, Z. Zhang

Revitalizing Victimization Theory: Revisions, Applications, and New Directions revises some of the major perspectives in victimization theory, applies theoretical perspectives to the victimization of vulnerable populations, and carves out new theoretical territory that is clearly needed but has yet to be developed. With the exception of a handful of isolated works in the mid-twentieth century, theory and research on victimization did not come into its own until the late 1970s with the articulation of lifestyle and routine activity theories. Research conducted within this tradition continues to be an important part of the overall criminological enterprise, and a large body of empirical knowledge has been generated. Nevertheless, theoretical advances in the study of victimization have largely stalled within the field of criminology. Indeed, little in the way of new theoretical headway has been made in well over a decade. This is an ideal time to revitalize victimization theory, and this volume does just that. It is an ambitious project that will hopefully reignite the kinds of theoretical discussions that once held the attention of the field. The work included here will shape the future of victimization theory and research in years to come. This volume should be of interest to a wide range of criminologists and have the potential to be used in graduate seminars and upper-level undergraduate courses.

EU Anti-Discrimination Law provides a detailed and critical analysis of the corpus of European Union law prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age, and sexual orientation. It takes into account the changes brought about by the Treaty of Lisbon and contains a thorough examination of the relevant case law of the Court of Justice of the EU. The book examines the background to the legislation and explains the essential characteristics and doctrines of EU law and their relevancy to the topic of anti-discrimination. It also analyses the increasingly significant general principles of EU law, the Charter of Fundamental Rights, and the relevant law flowing from the European Convention on Human Rights. The key concepts contained in anti-discrimination law are subjected to close scrutiny. The substantive provisions of the law on equal pay and the workplace and non-workplace provisions of the governing Directives are similarly examined, as are the numerous exceptions permitted to them. The complex rules governing the rights of pregnant women and those who have recently given birth are dealt with comprehensively and in a separate chapter. Equality in social security schemes is also discussed. The book concludes with an assessment of the practical utility of the existing law and the current proposals for its reform.

"Due to the graphic nature of this program, viewer discretion is advised." Most of us have encountered this warning while watching television at some point. It is typically attached to a brand of reality crime TV that Paul Kaplan and Daniel LaChance call "crimesploitation": spectacles designed to entertain mass audiences by exhibiting "real" criminal behavior and its consequences. This book examines their enduring popularity in American culture. Analyzing the structure and content of several popular crimesploitation shows, including Cops, Dog: The Bounty Hunter, and To Catch a Predator, as well as newer examples like Making a Murderer and Don't F**K with Cats, Kaplan and LaChance highlight the troubling nature of the genre: though it presents itself as ethical and righteous, its entertainment value hinges upon suffering. Viewers can imagine themselves as deviant and ungovernable like the criminals in the show, thereby escaping a law-abiding lifestyle. Alternatively, they can identify with law enforcement officials, exercising violence, control, and "justice" on criminal others. Crimesploitation offers a sobering look at the depictions of criminals, policing, and punishment in modern America.

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.

Juristen, Mediziner, Pharmazeuten und versicherungsrechtlich Interessierte finden in diesem Werk ein Kompendium, das die ganze Bandbreite des Medizin- und Haftungsrechts erfasst. Versicherungsrechtliche Problemstellungen und weitere Grundfragen des Privatrechts sind gleichfalls mit einbezogen. Hochkaratige Autoren aus den Bereichen der Jurisprudenz und der Medizin, aus Wissenschaft und Praxis geben Antworten auf zentrale Fragen zu Entwicklungen, zu aktuellen Brennpunkten und zu Perspektiven der genannten Gebiete. Den thematischen Gegenstanden, insbesondere der Medizin und seinen Rechtsfragen entsprechend werden intradisziplinar die uberkommenen Grenzen des Zivil-, Straf- und Offentlichen Rechts uberschritten. Die internationale Ausrichtung des Gesamtwerkes uberwindet die Einengungen des nationalen Rechts. Schliesslich wird die interdisziplinare Dimension von Recht, Haftung und Medizin in das Blickfeld geruckt. Mit ihren Beitragen ehren die Autoren anlasslich seines achtzigsten Geburtstages Erwin Deutsch, den in Deutschland und weit daruber hinaus hochgeschatzten Pionier und Grand Seigneur des Medizin- und Haftungsrechts."

This book examines the role of The International Maritime Organization (IMO) in the prevention and control of pollution of the marine environment from vessels with a particular reference to the current north-south tensions regarding the strategy for combating climate change in the maritime sector as well as the prevention of marine pollution from the ship-breaking industry. The IMO, a United Nations specialized agency, has been entrusted with the duty to provide machinery for cooperation among governments for the prevention and control of pollution of the marine environment from vessels. The organization is responsible for drafting legal instruments as well as for facilitating technical cooperation for the protection of the marine environment. Although IMO legal instruments are mainly targeted at the prevention of pollution of the marine environment from vessels, there is a trend towards a liberal interpretation of this, and the organization has expanded its work to areas like shipbreaking, which is essentially a land-based industry.

This special issue of the Journal of Human Rights and the Environment revisits Professor Christopher D. Stone's iconic 1972 article, and features an introduction by Professor Philippe Sands QC, a set of elegant and thought-provoking reflections on the original article by Baroness Mary Warnock, Professor Ngaire Naffine and Professor Lorraine Code, and an equally elegant and thought-provoking response to their reflections from Professor Stone himself. This thoughtful collection of essays will be a valuable addition to contemporary debates concerning the crucial search for new relationships between humanity and the living world and between human rights and the environment. The renowned contributors offer rich reflections on questions of legal standing, legal subjectivity and epistemology raised by Stone's article, and which have greater salience than ever as we face the environmental and human challenges of the 21st century. Contributors: L. Code, A. Grear, N. Naffine, P. Sands, C.D. Stone, M. Warnock

This book addresses the fundamental conflict of interest that physicians face in their daily work lives between the ethics of proper medical care versus the demands of standard business practices. However, unlike other books of this sort, this one places direct responsibility for this ethical dilemma upon the shoulders of physicians themselves. Taking ethical, legal, and business perspectives into account, the book traces the historically evolving response of American physicians to ever-increasing business interests within the profession. These financial concerns now have become intrinsic not only to the practice of medicine but seemingly also to the character of a growing segment of its practitioners. The book offers a plea for a change to a more socialized healthcare system as used in other advanced nations.

Economics shapes environmental pricing theory, but the law translates theory into reality. This research review examines and discusses carefully selected classic and cutting edge articles from around the world that delve into the legal design features of environmental tax instruments, how governments define the legal authority to use environmental taxation, complex interactions with WTO law and the legal conundrums of border tax adjustments. These influential articles cover a wide range of environmental and legal issues that recur across continents, with carbon taxes and climate change taking centre stage as important case studies. This timely review is an essential resource for those working in the field, whether they are trained in law, economics, political science, environmental science or public finance.

This book accounts for over 25 of the most influential cases in international sports law, as written by some of the leading authorities in the area. Authors from Europe, the United States, Australia, South Africa, Canada and New Zealand trace the evolution of this emerging discipline of law through an analysis of individual cases, as discussed under a number of key debates and themes in contemporary sports law, including: the "public" nature of legal disputes in sport; player employment mobility litigation; doping and the spirit of sport; TV rights holding proceedings; and enduring themes in sports law such as on-field violence, spectator safety, animal welfare and gender equality. Valuable for sports law academics, arbitrators and practitioners, sports administrators and governing bodies, but also for students (postgraduate and undergraduate) and all those with an interest in international sports law.

This book is the first empirical study of police discretion in India. Going beyond anecdotal accounts, it addresses the issues and concerns of arrest discretion behaviour of police with analysis of available literature internationally, testing the validity in the context of police in India and explaining the gap that exists between the legislative intent and field law enforcement. It establishes how extralegal determinants like subculture, environment and situations influence arrest discretion as much as legal determinants such as statutes, rules, manuals and court rulings. It also provides vital explanations on the working of the police system in India. The volume will be of great interest to policymakers, police leaders, officers of judiciary, scholars and researchers of criminology and criminal justice, sociology and social anthropology and South Asian studies.