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Books > Law > Laws of other jurisdictions & general law > Social law
Within the United States, minority and low-income communities currently bear a disproportionate amount of risk associated with pollution and other harmful environmental practices. The environmental justice movement is working to change this fact, promoting the fair and non-discriminatory treatment of all people with respect to environmental issues, policies, and regulations. This fascinating and timely volume explores the relationship between environmental justice and the government, offering a comprehensive introduction to the legal, economic, and philosophical concerns involved in pursuing environmental justice goals within a federalist system.The authors discuss two case studies in their investigation of the complex interactions between environmental justice and government. These analyses offer a comprehensive view of both the siting and regulation of polluting activities, as well as a discussion of the effects on major natural resources such as clean air and drinking water. In each case, the authors both describe current government responses to the problem and offer specific recommendations regarding what actions should be taken in the future. This authoritative book will make an invaluable addition to courses in environmental law and policy. Professionals and policymakers working in disciplines such as law, economics, environmental science, philosophy and political science will also find this a comprehensive and critical reference. Contents: Preface 1. Federalism and the Pursuit of Environmental Justice 2. Establishing an EJ Claim of Disparate-Impact Discrimination 3. Clean Air, EJ, and Facility Siting in the Phoenix Metropolitan Area 4. Environmental Justice and Enforcement of the Safe Drinking Water Act: The Arizona Arsenic Experience 5. Environmental Federalism and Addressing EJ Concerns 6. Community Involvement and Substantive Environmental Justice 7. Environmental Justice in the U.S.: Looking Ahead References Appendices
Offering insights based on years of original research, Redefining Murder, Transforming Emotion: An Exploration of Forgiveness after Loss Due to Homicide investigates the ideas and experiences of individuals who have lost loved ones to homicide (co-victims) in order to advance our understanding of the emotional transformation of forgiveness. It stands at the crux of two vibrant, growing fields: criminal victimology and the sociology of emotion. Analysis of 36 intensive interviews with co-victims and three years of participant observation of self-help groups and other victim-centered events offers a multidimensional understanding of forgiveness. Specifically, this book answers the questions of "What?," "When?," "How?," and "Why?" forgiveness occurs by exploring co-victims' ideas about forgiveness, the differential experiences of various groups of people, the processes through which forgiveness occurs in a variety of extreme circumstances of homicide, and co-victims' motivations toward forgiveness. The book concludes with commentary on overarching conclusions based on this work; theoretical and practical implications; suggestions for directions for future inquiry; and an in-depth account of the methodological strategies employed to gather such rich and nuanced data. This book will appeal to academics and students alike, within relevant fields, including sociology, criminology, restorative justice, victim services, psychology, and social welfare, as well as individuals seeking a better understanding of their own experiences, including co-victims or others whose lives have been altered by extreme forms of violence and upheaval. Its detailed postscript will also serve well those interested in qualitative methodology in social science research.
Updated throughout and adds new and fully revised chapters. Focuses on the global trends and mandates toward environmental sustainability. Examines the latest international legislation involving climate change. Includes coverage of oil & gas industries, as well as nuclear and renewable energy.
This unique guidebook presents a comprehensive analysis of the new Americans with Disabilities Act (ADA), the most significant federal civil rights law in almost 30 years, and its impact on over four million American businesses, state and local governments, nonprofit associations, 87 percent of America's private sector jobs, and 22.7 million working-age people with disabilities. Written by two Washington-based experts on the new federal mandate, the book relies on extensive interviews with federal officials and the expert opinion of business leaders, leaders in the disability community, and the authors of the legislation. Fersh and Thomas provide a clear analysis of the final federal regulations and their implications for businesses, nonprofit associations, state and local governments, and managers and employers who need to make modifications to physical barriers in places of public accommodation, such as stores and restaurants, and in barriers to equal employment in the workplace. The book uses case histories and Congressional reports and testimony to illustrate new employment procedures--from applications, testing, and insurance benefits to job descriptions, reasonable accommodation, and new rights in telecommunications and public ground transportation. The social, legislative, and economic history that led to the laW's enactment is illustrated through photographs and 18 tables. Included are specific guidelines on how to interview and work with people with disabilities, containing specific sections on people who use wheelchairs, and people with mental retardation, cerebral palsy, epilepsy, hearing and visual impairments, AIDS, speech impairments, learning disabilities, and mental illness. Also featured are how to sections for developing a compliance plan, implementing reasonable accommodation, and how to create an ADA awareness program for employees. The book explores the successful use of workers with disabilities in companies over the last twenty years, and the high costs of unemployment among working-age people with disabilities in tax revenues and lost productivity. Leaders and experts, such as I. King Jordan, Ph.D., president of Gallaudet University, provide short articles on their perspective of the ADA.
Why do law reforms spread around the world in waves? In the dominant account of diffusion through technocracy, international networks of elites develop orthodox policy solutions and transplant these across countries without regard for the wishes of ordinary citizens. But this account overlooks a critical factor: in democracies, reforms must win the support of politicians, voters, and interest groups. This book claims that laws spread across countries in very public and politicized ways, and develops a theory of diffusion through democracy. I argue that politicians choose to follow certain international models to win domestic elections, and to persuade skeptical voters that their ideas are not radical, ill-thought-out experiments, but mainstream, tried-and-true solutions. This book shows how international models generated domestic support for health, family, and employment law reforms across rich democracies. Information that international organizations have endorsed certain reforms or that foreign countries have adopted them is valuable to voters. Public opinion experiments show that even Americans respond positively to this information. Case studies of election campaigns and legislative debates demonstrate that politicians with diverse ideologies reference international models strategically, and focus on the few international organizations and countries familiar to voters. Data on policy adoption from many rich democracies document that governments follow international organization templates and imitate the policy choices of countries heavily covered in national media and familiar to voters. Benchmarks from Abroad provides a direct defense to a major criticism international organizations and networks face: that they conflict with domestic democracy. Even presumptively weak international efforts, such as the development of soft law and best practices, can increase voter support for major reforms. Instead, international and European Union negotiations to establish binding legal obligations can be costly and protracted, resulting in "too little, too late. " However, the book also explains how electoral calculations do not favor the spread of successful policies that happen to originate in small and remote states.
Health is a matter of fundamental importance in European societies, both as a human right in itself, and as a factor in a productive workforce and therefore a healthy economy. New health technologies promise improved quality of life for patients suffering from a range of diseases, and the potential for the prevention of incidence of disease in the future. At the same time, new health technologies pose significant challenges for governments, particularly in relation to ensuring the technologies are safe, effective, and provide appropriate value for (public) money. To guard against the possible dangers arising from new health technologies, and to maximize the benefits, all European governments regulate their development, marketing, and public financing. In addition, several international institutions operating at European level, in particular the European Union, the Council of Europe, and the European Patent Office, have become involved in the regulation of new health technologies. They have done so both through traditional 'command and control' legal measures, and through other regulatory mechanisms, including guidelines, soft law, 'steering' through redistribution of resources, and private or quasi-private regulation. This collection analyses European law and its relationships with new health technologies. It uses interdisciplinary insights, particularly from law but also drawing on regulation theory, and science and technology studies, to shed new light on some of the key defining features of the relationships and especially the roles of risk, rights, ethics, and markets. The collection explores the way in which European law's engagement with new health technologies is to be legitimized, and discusses the implications for biological or biomedical citizenship.
Neighbourhood planning, introduced by the Localism Act 2011, is now well established as the new 'first tier' of our planning system. The key to this brave new world of localism is the Neighbourhood Development Plan, which enables local communities to make planning policies for their area that have statutory effect and which must be taken into account by decision makers. But how does a neighbourhood plan get off the ground? How do communities make sure that it comes into force? And, more importantly, what are the essential features of an effective plan; one that can withstand the often intense pressures for new development? This unique book answers these and many other questions faced by neighbourhood planners with a clear, pragmatic focus and in sufficient depth to arm both lay readers and planning professionals with the knowledge they need to operate effectively within this novel planning regime. Along the way, some of the less well-known planning rules and procedures that can be invoked by neighbourhood planning groups and others at a local level are also explained. The author, a planning lawyer and consultant who has helped many parishes and communities since the advent of neighbourhood planning, also helpfully explores the place of neighbourhood planning within the wider planning system and offers a fascinating assessment of the potential of neighbourhood planning to address a whole range of important environmental issues. This insight and expertise makes The Power of Neighbourhood Planning an essential resource for everyone involved - whether as an interested member of the public, local councillor or parish clerk - or as a planning professional looking for an incisive introduction to this often controversial topic.
Addresses the relationship between law and the visual and the importance of photography in show trials. Includes case studies from Albania, East Germany, and Poland. Will appeal to legal and cultural theorists.
The new third edition of Law and Society provides a balanced, multidisciplinary, and comprehensive overview of law as an essential social institution that both shapes and is shaped by society. Between this book’s covers, readers will find the theoretical and conceptual contributions of anthropologists, historians, law professors, political scientists, philosophers, psychologists, and sociologists. By synthesizing this wide range of perspectives, the book provides readers with a nuanced and in-depth context to think about, discuss, and analyze current trends, issues, and events. Through this book, readers will also grasp the many ways law affects the lives of individuals and, more generally, how law and society affect each other in matters such as dispute settlement, criminal law, social movements, inequality, and social control. The third edition is brought up to date with the helpful reorganization of chapters. Separate chapters exploring how we define law, the differences among the major families of law, and dispute processing make the textbook more readable and adaptable to specific course objectives. Thorough revisions across the chapters reflect the latest sociolegal perspectives and research and include many new references and contemporary examples to help students appreciate a wide range of law and society issues. This thoughtful and stimulating introduction to the field is ideal for advanced undergraduate courses in Law and Society and Introduction to Law.
By the end of the 1970s, contaminated sites had emerged as one of the most complex and urgent environmental issues affecting industrialized countries. The authors show that small and prosperous Switzerland is no exception to the pervasive problem of sites contamination, the legacy of past practices in waste management having left some 38,000 contaminated sites throughout the country. This book outlines the problem, offering evidence that open and polycentric environmental decision-making that includes civil society actors is valuable. They propose an understanding of environmental management of contaminated sites as a political process in which institutions frame interactions between strategic actors pursuing sometimes conflicting interests. In the opening chapter, the authors describe the influences of politics and the power relationships between actors involved in decision-making in contaminated sites management, which they term a "wicked problem." Chapter Two offers a theoretical framework for understanding institutions and the environmental management of contaminated sites. The next five chapters present a detailed case study on environmental management and contaminated sites in Switzerland, focused on the Bonfol Chemical Landfill. The study and analysis covers the establishment of the landfill under the first generation of environmental regulations, its closure and early remediation efforts, and the gambling on the remediation objectives, methods and funding in the first decade of the 21st Century. The concluding chapter discusses the question of whether the strength of environmental regulations, and the type of interactions between public, private, and civil society actors can explain the environmental choices in contaminated sites management. Drawing lessons from research, the authors debate the value of institutional flexibility for dealing with environmental issues such as contaminated sites.
A deepening understanding of the importance of climate change has caused a recent and rapid increase in the number of climate change or climate-related laws. Trends in Climate Change Legislation offers an astute analysis of the political, institutional and economic factors that have motivated this surge, placing it into context. By focusing the analysis on both developed and developing countries, the contributors offer an extensive exploration of climate change legislation, and how it has been enacted on a global scale. Vitally, they make the link between the international commitments under the Paris Agreement and their delivery at national level. Concluding that strong climate legislation is essential to give credibility to the pledges that countries made in Paris, this book identifies the key provisions that good climate laws should contain, and addresses factors that influence the passing of climate laws. This stimulating and informative book will be of particular interest to parliamentarians, policy makers and lawyers involved in areas of climate policy and environmental law. It will also appeal to students and researchers with an interest in climate change legislation. Contributors include: A. Abeysinghe, A. Averchenkova, M. Bangalore, S. Barakat, A. Bowen, A. Clare, S. Fankhauser, J. Franca, I. Galarraga, C. Gennaioli, F. Green, S. Matikainen, M. Nachmany, I. Neuweg, E. Sainz de Murieta, J. Setzer
The scientific and technical development of any kind of germplasm is regulated by a vast network of treaties, conventions, international agreements, and national and regional legislation. These regulations govern biotechnological innovations in plants and microorganisms, access to and use of plant genetic resources, and biosafety. This complex mix has made it difficult to arrive at global interpretations, due to overlaps, gaps, ambiguities, contradictions, and lack of consistency. The big picture is even more complex, as a series of scientific developments - gene editing in particular - have in some cases rendered these international regulatory frameworks obsolete. This book puts forward an innovative approach: a "Comprehensive Plant Germplasm System". The System is a cooperative game theory-based proposal for a binding international convention which would supersede all other conventions, treaties, national and regional legislation covering native varieties and traditional developments, heterogeneous plant varieties, microorganisms, biotechnological inventions, plant genetic resources, and biosafety regulation. In short, it offers a comprehensive framework regarding intellectual property, biosafety, and business regulation and covers all types of germplasm. If applied, the system is expected to yield higher productivity rates in crops and improved food biodiversity, as well as a new paradigm based on the promotion of innovation for "Agriculture 4.0."
The microneedle field has been expanding exponentially with innovative designs and various applications, thus capturing the interest of academic industry and regulatory sectors. Microneedles: The Future of Drug Delivery equips readers with a comprehensive understanding of microneedles; from percutaneous absorption to microneedles production, characterization, applications in drug delivery and diagnosis, to practical perspectives on the development, manufacturing, regulatory issues, and commercialization of microneedles. This book is written by a single author and thus provides complex information in a simple, elegant and cohesive style. The book is intended for graduate students, researchers, scientists and engineers working in the pharmaceutical, medical, cosmeceutical, and biotechnology industry.
The Internet of Things as an emerging global Internet-based information archit- ture facilitating the exchange of goods and services is gradually developing. While the technology of the Internet of Things is still being discussed and created, the legal framework should be established before the Internet of Things is fully operable, in order to allow for an efective introduction of the new information architecture. If a self-regulatory approach is to be adopted to provide a legal framework for the Internet of Things, and this seems preferable, rulemakers can draw on experiences from the current regime of Internet governance. In the near future, mainly businesses will operate in the Internet of Things. Civil society is only expected to make use of the Internet of Things, as it now does of the Internet, at a later stage (e.g. for healthcare). The Internet of Things will have an impact in various areas. The regulatory fra- work must provide for provisions ensuring the security of the structure as well as the privacy of its users. Furthermore, legal barriers that may stand in the way of the coming into operation of the Internet of Things will have to be considered. However, the Internet of Things will also have positive efects in diferent felds, such as the inclusion of developing countries in global trade, the use of search engines to the beneft of civil society, combating product counterfeiting, tackling environmental concerns, improving health conditions, securing food supply and monitoring compliance with labor standards.
This book encompasses two inter-related disciplines of health law and medical ethics applicable to Singapore. Apart from Singapore legal materials, it draws upon relevant case precedents and statutory developments from other common law countries and incorporates recommendations and reports by health-related bodies, agencies and committees. The book is written in an accessible manner suitable for tertiary students. It should also serve as a useful resource for medico-legal practitioners, academics and healthcare professionals who wish to keep abreast of the evolving legal and ethical developments concerning health and medicine.
The push towards greater autonomy is one of the three main trends in every modern educational policy, alongside quality assurance and quality evaluation techniques and the need to devote attention to special a" and often disadvantaged a" target groups. It is, however, difficult to derive a unified concept of autonomya (TM) from the comparative indicators which are published on a regular basis and it has emerged that there are significant differences depending on the specific area and the administrative organisation of education in the country in question. During the discussions of the annual Congress of the European Association for Education Law and Policy (ELA) in Salzburg (1998) it was apparent that autonomy has to be considered in its various applications. Autonomy for school boards is realised through management, administrative mechanisms, management of staff and pedagogical options. Autonomy of administration requires competence, the willingness to establish an autonomous administration and awareness of each partya (TM)s responsibility in the educational process. The contents of this Yearbook are an answer to the question of how legislatures are responding to the trend towards greater responsibility, decentralisation and autonomy. It is an overview of the efforts made by the Member States of the European Union to apply the principle of subsidiarity.
This timely study addresses the pressing issue of food security through a range of interdisciplinary contributions, providing both scholarly and policymaking perspectives. It sets the discussion on food security within the little-studied context of its international legal and regulatory framework. The expert contributors explore the key issues from a development perspective and through the lens of existing governance and policy systems with a view to articulating how these systems can be made more effective in dealing with the roots of food insecurity. The book considers the root causes of food insecurity before discussing the regulatory challenges inherent in reconciling food production and sustainability to ensure both adequate supply of and equitable access to food, particularly in light of emerging issues such as food price volatility, 'land grabbing' and the need to coordinate the actions of the multitude of actors that influence food policy and regulation. It highlights the need for more equitable, transparent and coherent policy and regulatory approaches to the myriad of issues that make up the food security challenge. This cross-cutting study will appeal to researchers in law, international relations, agricultural science and food systems, as well as to policymakers in government and international organizations that engage with policy and regulation of food security issues. It will also be essential reading for professionals in non-governmental organisations that are interested in development issues in general and food security in particular. Contributors: E. Burgi Bonanomi, C. Chartres, N. Colbran, L. Cotula, I.C. De Jesus, R. Ford, D. Fuchs, K. Glaab, C. Haberli, M.S. Islam, A. Joshi, A. Kalfagianni, N. Louwaars, M. Margulis, R. Meyer-Eppler, C. Pearson, R. Rayfuse, B. Visser, N. Weisfelt, M. Young
Qualitative Research Approaches for Psychotherapy offers the reader a range of current qualitative research approaches congruent with the values and practices of psychotherapy itself: experience-based, reflective, contextualized, and critical. This volume contains fourteen compelling, challenging new essays from authors in both the Northern and Southern hemispheres, writing from a range of theoretical and cultural perspectives. The book covers both established and emerging approaches to qualitative research in this field, beginning with case study, ending with postqualitative, and with hermeneutic, reflexive, psychosocial, Talanoa, queer, feminist, critical race theory, heuristic, grounded theory, authoethnographic, poetic and collaborative writing approaches in between. These chapters introduce and explore the complexity of the specific research approach, its assumptions, challenges, ethics, and potentials, including examples from the authors' own research, therapeutic practice, and life. The book is not a 'how to' guide to methods but, rather, a stimulus for psychotherapy researchers to think and feel their way differently into their research endeavours. This book will be an invaluable resource to postgraduate students, practitioners and established researchers in psychotherapy who are undertaking (or considering) qualitative research for their projects. It will also appeal to course tutors and trainers looking for a volume around which to structure a qualitative research methods course.
Penal Abolitionism and Transformative Justice in Brazil discusses how penal abolitionism provides fundamental theoretical bases and practical references for the construction of a transformative justice in Brazil, supporting the claim that justice is a socially constructed conception and that victims do not unanimously stand for punishment. The book explores how the active participation of the protagonists of a conflict in a face-to-face negotiation of symbolic reparation, can produce a sense of justice without the need to punish or impose suffering on anyone. Mapping the ways that restorative justice in Brazil has distanced itself from the potential of transformative justice, to the extent that it fails to politicize the conflict and give voice to victims, the book shows how it has resulted in becoming just a new version of penal alternatives with correctionalist content. Moving away from traditional criminal justice language and also from conservative approaches to restorative justice, the author argues that the communicative potential of the transformative kind of redress can be dissociated from the unproved assumption that legal punishment is essential or even likely to achieve justice or deterrence. The arguments are grounded in the Brazilian reality, where life is marked by deep social inequalities and a high level of police violence. By providing a review of the literature on restorative justice, transformative justice, and abolitionism, the book contextualizes the abolitionist debate in Brazil and its history in the 19th century. Penal Abolitionism and Transformative Justice in Brazil is important reading for students and scholars who study punishment and penal abolitionism, to think about what it is possible to do in societies so deeply marked by social injustice and a history of oppression.
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
Legal Guide for Police: Constitutional Issues, 12th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.
Eco-Finance is the first in-depth legal analysis of this
extraordinary hybrid of environmental regulation and global
financial markets. It deals with what are currently the two
dominant types of market-based environmental instruments:
market-traded environmental instruments (which include the tradable
pollution allowances envisaged by the Kyoto Protocol), and
environmental financing instruments (which include the emerging
class of environmental and socially responsible investment funds).
Among the numerous topics and issues treated by Ali and Yano are
the following:
Over the past twenty years considerable public attention has been
focused on the decline of marine fisheries, the sustainability of
world fish production, and the impacts of fishing on marine
ecosystems. Many have voiced their concerns about marine
conservation, as well as the sustainable and ethical consumption of
fish. But are fisheries in danger of collapse? Will we soon need to
find ways to replace this food system? Should we be worried that we
could be fishing certain species to extinction? Can commercial
fishing be carried out in a sustainable way? While overblown
prognoses concerning the dire state of fisheries are plentiful,
clear scientific explanations of the basic issues surrounding
overfishing are less so - and there remains great confusion about
the actual amount of overfishing and its ecological impact. |
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