This book focuses on analysing how legal systems set the terms for interactions between human beings and plants. The story that the book recounts is one of experimental lawmaking in Ecuador, a country where over the past decade, governmental officials and civil society advocates have attempted to reconfigure how human individuals and institutions relate to nature, by following an "eco-centric" approach to lawmaking. In doing so, Ecuadorian legislators, administrators, and judges have taken seriously the ontologies of non-human entities, including plants, through a process that has required the continuous navigation of tensions with certain "logics" that pervade conventional legal regimes. The book endeavours to disrupt these conventional assumptions and approaches to lawmaking by taking seriously alternative strategies to reconstitute interactions between people and plants. In doing so, the book argues in favour of an "ecological turn" in laws that govern vegetal life. The analysis is based on a close examination of the experiences that lawmakers in Ecuador have had when experimenting with innovative approaches to re-form relationships between human and non-human beings. Concretely, these experiments have yielded constitutional, legislative, and regulatory changes that inform the inquiry of how intellectual property and plant genetic resources laws - both in Ecuador and worldwide - could become more "ecological" in nature. The argument that the book develops is based on extensive ethnographic fieldwork and empirical research in Ecuador, complemented by archival and doctrinal legal analysis. The contents of the book will be of interest to an academic audience of legal scholars and postgraduate students in law, in addition to scholars and students in the fields of anthropology, sociology, socio-legal studies, and science and technology studies.

Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of resistance in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey, but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure - and here the particular structure of the law school. This book explores the resistance to that structure, including: different ways in which law's pedagogic structures might be incomplete, or are being fought against; the use of less conventional elements of cultural discourse to resist the abstraction of the lawyer in students' subject formation; the centralisation of queer and feminist discourses to disrupt the hierarchies of the legal curriculum; the use of digital technologies; the place of embodiment in legal education settings, and the impacts of post-human knowledges and contexts on legal learning. Assembling original, field-defining essays by both leading international scholars as well as emerging researchers, it constitutes indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.

This book presents an in-depth analysis of how UN Human Rights institutions and mechanisms have addressed environmental protection, sustainable development and climate change. Despite the increasing involvement of UN human rights bodies in addressing environmental degradation and climate change, a systematic review of the convergence between human rights and the environment in these bodies has not been carried out. Filing this lacuna, this book surveys the resolutions, general comments, concluding observations, decisions on individual communications and press releases. It identifies principles that have emerged, explores the ways in which human rights Charter-based and treaty-based institutions are interpreting environmental principles and examines how they contribute to the emerging field of human rights and environment. Given the disproportionate effect that polluting activities have on marginalized and vulnerable groups, Atapattu also discusses how these human rights mechanisms have addressed the impact on women, children, indigenous peoples, people with disabilities and racial minorities. Written by a world-renowned expert on human rights and the environment, this book will be of great interest to students and scholars researching and teaching in this important field of study.

Drawing on research conducted at 17 Catholic universities in the US, making it the largest study of its kind, this volume explores effective practice in improving institutional policy relating to issues of sexuality. The text calls attention to campus cultures of fear, shame, or denial around sexuality and highlights possible points of institutional resistance to changes in policy. Discussing topics such as sexual identity, sexuality education in the curriculum, Title IX, employee termination and morality clauses, the book shows how staff and faculty are crucial in effecting change across Catholic campuses, providing valuable insight into the "unspoken rules" around sexuality within the shadow culture at Catholic institutions. Moreover, the text illustrates how institutions can maintain fidelity to Church teachings and even embrace notions of human dignity, solidarity, and the common good to achieve sexual inclusivity. A unique study demonstrating how Catholic teaching can help support inclusive change around issues of sexuality and gender in higher education, it ultimately puts forward a practical framework for effecting change and improving student and staff support structures in Catholic institutions. It will thus appeal to researchers and academics working in the fields of Higher Education Management, Gender and Sexuality in Education, Religion, Gender and Sexuality, and the Sociology of Religion.

The Routledge Handbook of Gender and Violence provides both a comprehensive and authoritative state-of-the-art overview of the latest research in the field of gender and violence. Each of the 23 specially commissioned chapters develops and summarises their key issue or debate including rape, stalking, online harassment, domestic abuse, FGM, trafficking and prostitution in relation to gender and violence. They study violence against women, but also look at male victims and perpetrators as well as gay, lesbian and transgender violence. The interdisciplinary nature of the subject area is highlighted, with authors spanning criminology, social policy, sociology, geography, health, media and law, alongside activists and members of statutory and third sector organisations. The diversity of perspectives all highlight that gendered violence is both an age-old and continuing social problem. By drawing together leading scholars this handbook provides an up-to-the-minute snapshot of current scholarship as well as signposting several fruitful avenues for future research. This book is both an invaluable resource for scholars and an indispensable teaching tool for use in the classroom and will be of interest to students, academics, social workers and other professionals working to end gender-based violence.

One of the most powerful ways we can care for our future is to create a Power of Attorney. This simple document allows an appointed person to make decisions for us in the case that we can no longer do so ourselves. But what does it mean to be someone's attorney? And how can it be set up? This book is designed to offer clear, practical advice for anyone making this decision, or needing to exercise their rights. Drawing on over two decades of professional and personal experience, Sandra McDonald explains everything that you need to know about Power of Attorney, including: - how to create the legal document - how to implement it - dealing with others and safeguarding The result is an invaluable resource for anyone who is, has or deals with a Power of Attorney.

FIFA has accepted the jurisdiction of the CAS as from 11 November 2002. This date does not mark the beginning of the arbitration of the CAS in football matters, however it has to be stated, that from this date on football disputes in front of the CAS increased enormously. This book is dedicated to the most important decisions of the CAS in football disputes. These awards are analyzed by experts, practicing all over the world. Most of the authors have been directly involved in the proceedings before the CAS. The commentaries cover a broad spectrum of disputes, inter alia, disputes concerning the contractual stability, protection of young football players, doping, football hooliganism, match fixing, players release, multiple club ownership, player agents and the stays of execution. This book provides a wide range of valuable information and is a useful tool for those whose main concern is professional football, such as sports lawyers, sports managers and sports agents, but also academics and researchers. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.

Through a comparative analysis involving 15 countries from around the world this book provides an invaluable assessment of women's equality at the global level. This book explores the constitutional protection of equality and women's rights in 15 countries drawn from Africa, America, Asia, and Europe. The work focuses on formal constitutional provisions as well as the substantial level of protection women's equality has achieved in the systems analysed. The investigations involve looking at the relevant gender-related legislation, the participation of women in the institutional arena, and the constitutional interpretation made by constitutional justice on gender issues. Furthermore, the book highlights women's contribution in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of women's participation in the public sphere. The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Human Rights Law and Women's and Gender Studies.

Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

This collection of brief essays by thought-leaders, scholars, activists, psychologists, and social scientists imagines new workplace structures and policies that promote decent and fair work for all members of society, especially those who are most vulnerable. The world of work has been deteriorating for decades and the very institution of work needs to be systematically understood, critiqued, reimagined, and rebuilt. This book offers thoughtful suggestions for new work arrangements, individual strategies for enhancing one's work life, and recommendations for innovative systemic and institutional reforms. The collection offers critical analyses in conjunction with constructive solutions on rebuilding work, providing direction and context for ongoing debates and policy discussions about work. The book will be of interest to activists, policy makers, management and leaders, scholars, professionals, students, and general readers interested work-based reform efforts and social change.

This open access book explores the legal aspects of cybersecurity in Poland. The authors are not limited to the framework created by the NCSA (National Cybersecurity System Act - this act was the first attempt to create a legal regulation of cybersecurity and, in addition, has implemented the provisions of the NIS Directive) but may discuss a number of other issues. The book presents international and EU regulations in the field of cybersecurity and issues pertinent to combating cybercrime and cyberterrorism. Moreover, regulations concerning cybercrime in a few select European countries are presented in addition to the problem of collision of state actions in ensuring cybersecurity and human rights. The advantages of the book include a comprehensive and synthetic approach to the issues related to the cybersecurity system of the Republic of Poland, a research perspective that takes as the basic level of analysis issues related to the security of the state and citizens, and the analysis of additional issues related to cybersecurity, such as cybercrime, cyberterrorism, and the problem of collision between states ensuring security cybernetics and human rights. The book targets a wide range of readers, especially scientists and researchers, members of legislative bodies, practitioners (especially judges, prosecutors, lawyers, law enforcement officials), experts in the field of IT security, and officials of public authorities. Most authors are scholars and researchers at the War Studies University in Warsaw. Some of them work at the Academic Centre for Cybersecurity Policy - a thinktank created by the Ministry of National Defence of the Republic of Poland.

This book argues that large corporations need to implement governance practices and processes that make them better innovators and that the challenge is to identify organizational principles and practices that provide the best chance of delivering innovative products to create a meaningful consumer experience. In this context, it is important to recognize that when we address organizational forms, we are not thinking of corporate governance in the sense of managing agency costs and ensuring regulatory compliance, but the more pressing business task of putting in place organizational systems and processes that facilitate value creation through continued and sustained innovation. The book examines how the contemporary concept and discourse of corporate governance may be obsolete or, at least, is increasingly disconnected from the needs and realities of the most innovative firms today. The concept of organizing for innovation-identifying process and practices that deliver the best opportunities for innovation-needs to take centre stage. This book aims to contribute to the nascent debate in this area by bringing together a series of chapters that examine various issues related to organizing for innovation.

It is a pleasure to write this Foreword to the second, expanded edition of Ian Blackshaw's well-respected book on the extra-judicial settlement of sports disputes through mediation and arbitration. Prof Blackshaw is a master of his subject who explains in clear and straightforward terms the various forms of alternative dispute resolution (ADR) methods available for dealing with a wide range of different kinds of sports disputes, which are on the increase, not least because of the huge sums of money that are nowadays at stake in sport at the elite level. As I have written elsewhere, "[t]he unique investment of competitive egos, emotions, expec- tions, and money in international sports almost guarantees a dividend of highly charged disputes.... . [and] [t]he structure for resolving them is complex. " Dispute resolution, is one of the most critical issues which overshadow the sports arena. As Prof Blackshaw rightly points out however, ADR is "not a panacea" for settling all kinds of sports disputes, and so the role of the courts must not be underestimated. This is true in both Europe and the United States of America, where I practice and teach international sports law. The expanded version of this book includes a more in-depth study of the functions and role of the Court of Arbitration for Sport (CAS), based in Lausanne, Switzerland, and also a review of the contribution of CAS to an emerging so-called 'Lex Sportiva'.

This book argues that legal theory provides a jumping-off point for the study of controversial topics related to the work of Practicing Healthcare Ethicists (PHEs). Healthcare ethics consultation has had a place in healthcare for many decades yet the nature of the work is not well understood by many of its critics as well as its defenders. PHEs have been described as compromised and ineffectual, politicised and undemocratic, and their promise to offer sound advice has been deemed irredeemably incoherent in the context of value pluralism. Legal theorists have long attended to the relationship between law and morality, and the supposed tension between democracy and the role of an expert judiciary. An appreciation that these debates are not unique to the practice of healthcare ethics can help PHEs to engage critics with a renewed confidence and some fresh approaches to perennial, and hitherto unproductive, arguments. This book will be of great interest to practicing healthcare ethicists, as well as those who rely upon their services (healthcare professionals and healthcare leaders, patients, and their families) as well as academics working in the broader field of bioethics.

The pursuit of social solidarity and social justice has typically occurred within the boundaries of nation states. Yet in 2000, EU Member States committed themselves to make a decisive impact on the eradication of poverty and agreed to coordinate their activities within the framework of a novel governance process: the Open Method of Coordination (OMC). This book analyzes the emerging governance of social inclusion in the EU and the use of the OMC as a mechanism of Europeanization of domestic social policy. Armstrong's exploration of EU interventions to combat poverty and social exclusion addresses the changing constitutional, policy and governance context in which these interventions have occurred. It traces the impact of debates surrounding the Lisbon Treaty and the Lisbon Strategy in framing the possibilities and limits of EU action. Drawing on primary documentary material, on interviews with key actors and on a wide range of academic literature, this study offers a socio-legal account of the successes and failures of a decade of EU policy coordination. Utilizing the conceptual and theoretical tools associated with institutionalist analysis and experimental governance to develop the discussion of Europeanization, the book will be of value not only to scholars working on EU policymaking but also to those interested in changing patterns of public authority in the social sphere more generally.

The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.

The author of the bestselling Just Medicine reveals how racial inequality undermines public health and how we can change it With the rise of the Movement for Black Lives and the feverish calls for Medicare for All, the public spotlight on racial inequality and access to healthcare has never been brighter. The rise of COVID-19 and its disproportionate effects on people of color has especially made clear how the color of one's skin is directly related to the quality of care (or lack thereof) a person receives, and the disastrous health outcomes Americans suffer as a result of racism and an unjust healthcare system. Timely and accessible, Just Health examines how deep structural racism embedded in the fabric of American society leads to worse health outcomes and lower life expectancy for people of color. By presenting evidence of discrimination in housing, education, employment, and the criminal justice system, Dayna Bowen Matthew shows how racial inequality pervades American society and the multitude of ways that this undermines the health of minority populations. The author provides a clear path forward for overcoming these massive barriers to health and ensuring that everyone has an equal opportunity to be healthy. She encourages health providers to take a leading role in the fight to dismantle the structural inequities their patients face. A compelling and essential read, Just Health helps us to understand how racial inequality damages the health of our minority communities and explains what we can do to fight back.

This book explores the relationship between policing and mental health. Police services around the world are innovating at pace in order to develop solutions to the problems presented, and popular models are being shared internationally. Nevertheless, disparities and perceptions of unfairness remain commonplace. Innovations remain poorly funded and largely unproven. Drawing together the insights of eminent academics in the UK, the US, Australia and South Africa, the edited collection evaluates the condition of mental health and policing as an interlocked policy area, uncovering and addressing a number of key issues which are shaping police responses to mental health. Due to a relative lack of academic texts pertaining to developments in England and Wales, the volume contains a distinct section on relevant policies and practices. It also includes sections on US and Australian approaches, focusing on Crisis Intervention Teams (CITs), Mental Health Intervention Teams (MHITs), stressors and innovations from Boston in the US to Queensland in Australia. Written in a clear and direct style, this book will appeal to students and scholars in policing, criminology, sociology, mental health, cultural studies, social theory and those interested in learning about the condition and trajectory of police responses to mental health.

The regulation of genetically modified organisms (GMOs) continues to generate controversy. On the one hand, they are actively promoted by the biotechnology industry as vital to ensuring food security. Yet, on the other hand, consumer resistance persists, not least in the European Union, and such lack of confidence extends not just to GM food itself but also to the regulatory regime, where legal issues are inextricably linked with economics and politics.
This edited collection provides a novel contribution to the ongoing debate, recognizing that the legislative environment is complicated by forces as varied as national public opinion and world trade commitments.
The book is divided into four parts. The first of these addresses the influence in this context of both civil society and economic imperatives. The second part is directed more specifically to the measures that have been implemented in the European Union, considering multi-level governance, wider aspects of food law, co-existence with conventional and organic crops, and environmental liability. The third part is comparative in focus, with chapters covering the diverse regimes implemented in Africa, Australia, North America and South America. The book concludes with chapters on world trade and international considerations, including analysis of the Biotech case.

Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of structure in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey, but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure - and here the particular structure of the law school. This book explores that structure by addressing the characteristics of the biopolitical orders engaged in legal education, including: understanding the lawyer as a commodity, unpicking the force relations in legal education, examining the ways codes of conduct in higher education impact academic freedom, as well as putting the distinctly western structures of legal learning within a wider context. Assembling original, field-defining, essays by both leading international scholars as well as emerging researchers, it constitutes indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.

The Common Fisheries Policy (CFP) is one of the longest established and more controversial of the common policies of the EC. It deals principally with the management of fishery resources, relations between the EC and third States in fisheries matters, the marketing of and trade in fishery products, financial assistance to the fisheries sector, and aquaculture. However, the CFP is not just a matter for those with an economic interest in fisheries. It also raises many issues of more general concern, such as the capacity of the EC and its Member States to manage important natural resources sustainably, the impact of fishing on the wider marine environment, and relations between developed and developing States. This book addresses the CFP from a legal perspective. It provides a detailed account of the very large body of EC law comprising the CFP, and draws on the European Commission's associated documents to aid interpretation and add context. As a result, the book will be of value to anyone wanting knowledge of the law of the CFP. Although not addressing the Commission's 2009 Green Paper on reform of the CFP, the book should provide a useful reference point against which to view the reform of parts of the CFP that is anticipated to take place over the next few years.

The landmark National Survey of Child and Adolescent Well-Being (NSCAW) study represents the first effort to gather nationally representative data, based on first-hand reports, about the well-being of children and families who encounter the child welfare system. NSCAW's findings offer an unprecedented national source of data that describe the developmental status and functional characteristics of children who come to the attention of child protective services. Much more than a simple history of placements or length of stay in foster care, NSCAW data chart the trajectory of families across service pathways for a multi-dimensional view of their specific needs. The NSCAW survey is longitudinal, contains direct assessments and reports about each child from multiple sources, and is designed to address questions of relations among children's characteristics and experiences, their development, their pathways through the child welfare service system, their service needs, their service receipt, and, ultimately, their well-being over time.
The chapters in this rich synthesis of NSCAW data represent thoughtful and increasingly sophisticated approaches to the problems highlighted in the study and in child welfare research in general. The authors capitalize on the longitudinal, multidimensional data to capture the experiences of children and families from the time they are investigated by CPS though multiple follow-up points, and to consider the interdependent nature of the traditional child welfare outcomes of safety, permanence, and well-being. The topics covered not only are critical to child welfare practice and policy, but also are of compelling interest to other child service sectors such as health, mental health, education, and juvenile justice. The authors of chapters in this volume are esteemed researchers within psychology, social work, economics, and public health. Together they represent the future of child welfare research, showcasing the potential of NSCAW as a valuable resource to the research community and providing glimpses of how the data can be used to inform practice and policy.

Estimating the Human Cost of Transportation Accidents: Methodologies and Policy Implications discusses the estimation methods needed to determine the monetary value of loss of life and quality of life when evaluating transportation safety programs, policies and projects. In addition, it highlights how to overcome the many challenges researchers face in choosing the right values, including estimating loss of life and life quality, examining strengths and weaknesses, and critically analyzing social costs and implications. This book will allow researchers to better formulate accurate social costs, select safety improvement values, and understand limitations.

Local government affects us all. Wherever we live, in towns, cities, villages or in the smallest of communities, there are locally elected councils tasked with representing people's interests in the running of the local area. This involves, inter alia, providing public services, maintaining local spaces and acting as a level of democratic governance within the broader constitutional and executive structure of the state. To fulfil these responsibilities, though, local government must be democratically legitimate; it must have at its disposal reasonable means and resources to function; and it must enjoy a healthy and balanced relationship with central government. This book explores and analyses the extent to which local government in the different parts of the UK is able to function effectively and democratically. It draws from local councillors' views in analysing the state of local government under the current constitutional and governmental arrangements, discussing issues such as councils' relationship with central government; citizen engagement; finance and public services; and the impact of recent reforms. It contrasts and compares the different approaches adopted in England, Scotland, Wales and Northern Ireland, also setting out and discussing possible reforms of local government in the United Kingdom. While the focus is on the UK, the work includes a comparison with other relevant jurisdictions.

Is it lawful for a doctor to give a patient life-shortening pain relief? Can treatment be lawfully provided to a child under 16 on the basis of her consent alone? Is it lawful to remove food and water provided by tube to a patient in a vegetative state? Is a woman's refusal of a caesarean section recommended for the benefit of the fetus legally decisive? These questions were central to the four focal cases revisited in this book. This book revisits nine landmark cases. For each, a new leading judgment is attributed to an imagined judge, Athena, who operates within the constraints of the legal system of England and Wales. Her judgments accord with an innovative legal theory, referred to as 'modified law as integrity', and are linked as a line of precedent. The result is a re-spinning of extant judicial threads into a web of legal principles with a greater claim to coherence and defensibility than those in the original cases. The book will be of great interest to scholars and students of medical law, criminal law, bioethics, legal theory and moral philosophy.