This book addresses the role of public policy in regulating the autonomous artificial intelligence and related civil liability for damage caused by the robots (and any form of artificial intelligence). It is a very timely book, focusing on the consequences of judgment proofness of autonomous decision-making on tort law, risk and safety regulation, and the incentives stemming from these. This book is extremely important as regulatory endeavours concerning AI are in their infancy at most, whereas the industry's development is continuing in a strong way. It is an important scientific contribution that will bring scientific objectivity to a, to date, very one-sided academic treatment of legal scholarship on AI.

This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.

This book identifies and explains the different national approaches to data protection - the legal regulation of the collection, storage, transmission and use of information concerning identified or identifiable individuals - and determines the extent to which they could be harmonised in the foreseeable future. In recent years, data protection has become a major concern in many countries, as well as at supranational and international levels. In fact, the emergence of computing technologies that allow lower-cost processing of increasing amounts of information, associated with the advent and exponential use of the Internet and other communication networks and the widespread liberalization of the trans-border flow of information have enabled the large-scale collection and processing of personal data, not only for scientific or commercial uses, but also for political uses. A growing number of governmental and private organizations now possess and use data processing in order to determine, predict and influence individual behavior in all fields of human activity. This inevitably entails new risks, from the perspective of individual privacy, but also other fundamental rights, such as the right not to be discriminated against, fair competition between commercial enterprises and the proper functioning of democratic institutions. These phenomena have not been ignored from a legal point of view: at the national, supranational and international levels, an increasing number of regulatory instruments - including the European Union's General Data Protection Regulation applicable as of 25 May 2018 - have been adopted with the purpose of preventing personal data misuse. Nevertheless, distinct national approaches still prevail in this domain, notably those that separate the comprehensive and detailed protective rules adopted in Europe since the 1995 Directive on the processing of personal data from the more fragmented and liberal attitude of American courts and legislators in this respect. In a globalized world, in which personal data can instantly circulate and be used simultaneously in communications networks that are ubiquitous by nature, these different national and regional approaches are a major source of legal conflict.

This book provides a systematic and interdisciplinary study of occupational mental health legislation in seven countries. The work presents a study of the laws, policies, and legal interpretations to help prevent mental health problems from occurring in the workplace and appropriately address problems once they do occur. With a view to improving provision in Japan, the author examines the legal issues relating to workplace mental health and stress in the USA, UK, Denmark, the Netherlands, France and Germany. In presenting a comparative discussion of mental health issues in the workplace, this book seeks to establish a minimum for legal rights and duties that contribute to prevention and not just compensation. With its detailed comparative and descriptive coverage of legal and related provisions in a range of countries, the book will be a valuable resource for academics, policy-makers and practitioners working in labour and employment law, social welfare, occupational health and human resource management.

The criminalisation of healthcare malpractice has become a highly topical and somewhat controversial question in recent years. Studies have demonstrated that in England and Wales, the trend towards holding healthcare professionals to account for malpractice is rapidly growing, abolishing the deference doctors enjoyed decades ago. The changing attitude of judges to claims for clinical negligence has been well documented. The role of the criminal process in England and Wales has been less fully analysed with the criminal law playing a very limited role until recently in the regulation of poor healthcare practice. In contrast, in France, the criminal process has for a long time been invoked more readily to respond to cases of healthcare malpractice, which involved even mere errors. This book compares English and French criminal law responses to healthcare malpractice and considers what lessons the French model can provide for potential reform in England and elsewhere. The book takes the HIV-contaminated blood episode as a primary example of the different approaches France and England have in dealing with healthcare malpractice. Kazarian emphasises the impact of rules of substantive criminal law and criminal procedure on the way in which healthcare malpractice is criminalised in a given country. This book explores the key lessons to be drawn on whether the criminal process is an appropriate means to respond to instances of healthcare malpractice. It proposes that features of French criminal law and criminal procedure might be useful to counteract healthcare malpractice.

The UN Convention on the Rights of Persons with Disabilities has facilitated the understanding that disability is both a human rights and development issue. In order to achieve the Sustainable Development Goals by 2030, the focus on disability inclusion has become increasingly important in the discourse of international and national efforts for "leaving no one behind", the motto of the SDGs. This book discusses pertinent and emerging themes such as disability rights, globalization, inequalities, international cooperation and representation. Evidence which has been obtained tends to show that persons with disabilities have been disproportionately left behind without proper representation, participation and inclusion. This book critically investigates the gaps at different levels, from top to bottom, and as importantly, within the global disability movement, for the realization of global disability rights, and theorizes the intersection of disability, globalization and human rights. Empirical case studies from different countries and contexts are introduced to deepen analysis on theories of critical disability studies from a global perspective. Co-edited by a disability researcher and the former United Nations Special Rapporteur on Disability, this book will be of interest to all students, academics, policy makers and practitioners working to advance the cause of disability rights around the world.

Interviewing of Suspects with Mental Health Conditions and Disorders in England and Wales explores cutting-edge research that focuses specifically on these adults (including their cognitive needs and psychological vulnerabilities), the impact on the investigative interview, and existing legislation, guidance and practice. The book opens with a historical overview of the move from interrogation to investigative interviewing, including the impact of well-known miscarriages of justice and the inquiry that led to the development of current best practice interviewing. Further chapters focus on the concept of vulnerability within current theoretical frameworks, with a particular emphasis on mental health conditions and disorders, including how they are constructed, understood, and identified within legislation and by those working at the forefront of the criminal justice system. The book also examines current safeguards available to the suspect with mental health conditions and disorders, such as the Appropriate Adult; contemporary research explores their involvement with vulnerable suspects and whether it is sufficient, as well as how the Appropriate Adult understands and experiences their role. Final chapters scrutinise current best practice investigative interviewing of suspects with mental health conditions and disorders, and a paradigm shift towards an emerging evidence-based interview model that considers the vulnerabilities associated with suspects with mental health conditions and disorders in the investigative interview. Examining current psychological theory, contemporary research and existing legislation and guidance including authorised professional practice, this book will be of interest to those working within the criminal justice system, as well as policing and forensic psychology students. In particular, it is essential reading for all serving and trainee police officers, those delivering investigative interviewing training, and interviewing personnel, such as Appropriate Adults.

Offering an important addition to existing critiques of governance feminism and carceral expansion based mainly on experiences from the Global North, this book critically addresses feminist law reform on violence against women, from a decolonial perspective. Challenging the consensus that penal expansion is mainly associated with the co-option of feminist campaigns to counteract violence against women in the context of neoliberal globalisation, this book shows that long-standing colonial narratives underlie many of today's dominant legal discourses justifying criminalisation, even in countries whose governments have called themselves "leftist" and "post-neoliberal". Mapping the history of law reform on violence against women in Ecuador, the book reveals how the conciliation between feminist campaigns and criminalisation strategies takes place through liberal legality, the language of human rights, and the discourse of constitutional guarantees, across the political spectrum. Whilst human rights make violence against women intelligible in mainstream legal terms, the book shows that the emergence of a "rights-based penality" produces a benign, formally innocuous criminal law, which can be presented as progressive, but in practice reproduces colonial and postcolonial paradigms that limit and reshape feminist demands. The book raises new questions on the complex social and political factors that impact on feminist law reform projects, as it demonstrates how colonial assumptions about gender, race, class, and the family remain embedded in liberal criminal law. This theoretically and empirically informed analysis makes an innovative contribution to feminist legal theory, post-colonial studies, and criminal law; and will be of interest to activists, scholars and policymakers working at the intersections between gender equality, law, and violence in Latin America and beyond.

Earth jurisprudence will profit from utilising the breadth of academic work produced within the green criminology academic arena. Building upon work to explore the differences and similarities in the theoretical underpinnings of both disciplines and concluding by calling for greater cross-collaboration, Green Criminology and Earth Jurisprudence will be of great interest to scholars and students across Law, Environmental Studies, and Criminology.

Scientific research is fundamental to addressing issues of great importance to the development of human knowledge. Scientific research fuels advances in medicine, technology and other areas important to society and has to be credible, trustworthy and able to command confidence in the face of inevitable uncertainties. Scientific researchers must be trusted and respected when they engage with knowledge acquisition and dissemination and as ethical guardians in their education and training roles of future generations of researchers. The core values of scientific research transcend disciplinary and national boundaries and approaches to the organisation and oversight of research systems can impact significantly upon the ethics and conduct of researchers. This book draws upon legal expertise to critically analyse issues of regulation, conduct and ethics at the important interface between scientific research and regulatory and legal environments. In so doing it aims to contribute important additional perspectives to the existing literature. Case studies are engaged with to assist with the critical analysis of the current position and the consideration of future possibilities. The book will be of interest to academics in the fields of science, law and policy; science and law students; and scientific researchers at more advanced stages of their careers. Research professionals in government and the private sector and legal practitioners with interests in the regulation of research should also find the work of interest.

This book focuses on protection needs and new aspects of personality and data protection rights on the Internet, presenting a comprehensive review that discusses and compares international, European and national (Brazilian, German, Pakistani) perspectives. It deals with overarching questions, such as whether universal minimum standards of privacy protection can be developed or how regional data protection rights can be safeguarded and enforced extraterritorially, given the conditions of the Internet. Furthermore, the book addresses new challenges and novel rights, e. g., data retention and protection against mass surveillance, the right to be forgotten, rights to anonymity, legal issues of the digital estate or rights relating to algorithmic decision-making. Furthermore, the book explores how well-known paradigms, such as liability for personality rights violations or damages, have to be adapted in view of the significant role of intermediaries.

* Begins with an overview including Identification of Goals, Recommended Texts, Notes to faculty, and Notes to Learners * Entails the incorporation of more recently emerging ethical dilemmas, some of which concern the use of technology, vignettes embedded in the text, and a variety of new exercises to enhance the use of the text in training settings. The text, which is organized into 5 modules, features an entirely new module on informed consent. The last chapter places much greater emphasis on the person of the group psychotherapist and the kinds of therapist biases that can interfere with sound ethical decision-making * Includes an accompanying PowerPoint eResource

As the publishing, film and music industries are dominated by Big Media conglomerates, there is often recourse to simplistic ideological and conspiratorial readings of industry dynamics. Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author explains why copyright is much more than a creator's private property right or a mechanism through which corporations control cultural production and influence mass consumption choices. The volume is grounded in extensive, painstakingly detailed and colourful original archival research into business histories of major successful artists including Conan Doyle, Hall Caine, Margaret Atwood, Dame Nellie Melba, Radiohead and Banksy, and the industries and genres that grew up around their activities. Chapters address big questions about how copyright generates income and how distributions of profits are allocated in the publishing, film and music industries. It includes discussion of the creation of new formats, the interplay between old media and new technologies, international copyright reform and cross-industry relations. Copyright, Creativity, Big Media and Cultural Value is a wide-ranging and important resource for students and practitioners of law and policy, media studies, cultural studies and literary history.

Written by world-renowned Behavior Scientist, Israel Goldiamond - Explores the definitions and wide-ranging behaviors exhibited during mental health disorders through a lens of radical behaviorism Will appeal to anyone working in the analysis of, and clinical interventions in, mental health

The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality. This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies. Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 - and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies.

This new volume provides an abundance of information on new biomedical applications being used today. The book covers a wide range of concepts and technologies, discussing such modern technological methods as the Internet of Things, e-pills, biomedical sensors, support vector machines, wireless devices, image and signal processing in e-health, and machine learning. It also includes a discussion on software implementation for the devices used in biomedical applications. The different types of antennas, including antennas using RF energy harvesting for biomedical applications, are covered as well.

Freedom of religion is an issue of universal interest and scope. However, in the last two centuries at least, the philosophical, religious and legal terms of the question have been largely defined in the West. In an increasingly global world, widening our knowledge of this right's roots in different cultural and legal systems becomes a priority. This Handbook seeks to attain this goal through a better understanding of the historical roots and expressions of the right to freedom of religion on the one hand and, on the other, of its theological background in different religious traditions. History and theology provide the setting for the analysis of the politics of freedom of religion, that is, how this right is used in the context of the dialogue/confrontation between countries placed in different cultural regions of the world, and of the legal strategies and tools that have been developed and are employed to protect and foster the right to freedom of religion. Behind these legal and political strategies, there is an ongoing debate about the nature of this right, whose main features are explored in the final section. Global, historical and interdisciplinary in approach, this book studies the new relevance of freedom of religion worldwide and develops suitable categories to analyze and understand the role that freedom of religion can play in managing religious and cultural diversity in our societies. Authored by experts, through the contributions collected in these chapters, scholars and students will be able to broaden and deepen their knowledge of the right to freedom of religion and to develop the ability to go beyond the borders of the different cultural environments in which this right took shape and developed.

This book analyses water allocation law and policy in New Zealand and offers a comparative analysis with Australia. In New Zealand, it is generally accepted that water allocation law has failed to be adequately addressed and New Zealand is now faced with the problem of over-allocation in many catchments. In comparison, Australia has extensive experience in reforming its water law and policy over the last 20 years. This book provides a comparative and critical analysis of the lessons that New Zealand can learn from the Australian experience and offers guidance for the improvement of water allocation outcomes in New Zealand. Starting with the background of water allocation law and policy in New Zealand, the book traces the evolution of legal policies, including the 1967 Water and Soil Conservation Act and the 1991 Resource Management Act, and examines the role they have played in current water allocation issues. The book situates these findings within global challenges, such as the impact of climate change, and the global scarcity of and increasing demand for freshwater resources. This book will be of great interest to students and scholars researching water law and policy, natural resource management and environmental law more broadly. It will also be of use to policy makers and professionals involved in developing and implementing water allocation laws and policies.

Discrimination based on body weight is an underestimated and widespread problem. There is not a single national law worldwide that prohibits weight discrimination, but quite a number of laws and policies that reinforce, or at least reflect, the existing socially ubiquitous weight stigma. This volume focuses on where and how fatness and law intersect, discussing current anti-discrimination protections related to fatness; the ongoing debate around the introduction of new anti-discrimination categories; national and international principles that seem to argue against the introduction of legal protection of fatness; the question whether fatness should be considered a disability; and weight stigma in legal practice. Starting from a fat studies perspective, this book also considers the legal implications of anti-discrimination legislation for fatness through an intersectional lens, noting how fatness often overlaps with other marginalized identities, including race and ethnicity, gender, and socioeconomic status. This book will be of interest to both professional and lay audiences, providing an introduction into the legal aspects of weightism, as well as offering solutions for legislative practice. It will be an invaluable resource for everyone who would like to be more weight-sensitive in their legal work. The chapters in this book were originally published as a special issue of Fat Studies: An Interdisciplinary Journal of Body Weight and Society.

This book evaluates the effectiveness of current international human rights law, and in particular the recent Istanbul Convention, in eradicating so-called honour killings in Turkey. So-called 'honour killings' have become an issue of concern for the international community. In Turkey, in particular, the practice still exists despite the adoption of the relevant human rights instruments. The book argues that the improvement of the status of women in Turkey in accordance with gender equality as well as the application of the principle of state due diligence, both requirements of the Istanbul Convention and international human rights law, are fundamental means towards eradicating the killing of women in the name of 'honour'. Using feminist approaches, in particular the intersectionality approach, the study looks at the application of such standards as well as the current obstacles. Through such a lens, the study discusses the strengths and weaknesses of the Turkish Constitution, Turkish Civil Code, Turkish Penal Code and Law to Protect Family and Prevent Violence Against Women and questions the judicial approach to the implementation of the women's right to life. It identifies the lacunae in the Turkish legislation that allow inadequate legal protection for women and the inconsistency of the judicial approach to the definition of the so-called honour killings in the judgements. The study then recommends some concrete amendments to the relevant legal provisions in order to better reflect the international framework and the feminist approaches. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights law and feminist legal theory.

This book on privacy and data protection offers readers conceptual analysis as well as thoughtful discussion of issues, practices, and solutions. It features results of the seventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2014, held in Brussels January 2014. The book first examines profiling, a persistent core issue of data protection and privacy. It covers the emergence of profiling technologies, on-line behavioral tracking, and the impact of profiling on fundamental rights and values. Next, the book looks at preventing privacy risks and harms through impact assessments. It contains discussions on the tools and methodologies for impact assessments as well as case studies. The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web. Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.

In 1918 a young Carl Schmitt published a short satirical fiction entitled The Buribunks. He imagined a future society of beings who consistently wrote and disseminated their personal diaries. Schmitt would go on to become the infamous philosopher of the exception and for a while the 'Crown Jurist of the Third Reich'. The Buribunks - ironically for beings that lived only for self-memorialisation - has been mostly lost to history. However, the digital realm, with its emphasis on the informatic traces generated by human doing, and the continual interest in Schmitt's work to explain and criticise contemporary constellations of power, suggests that The Buribunks is a text whose epoch has come. This volume includes the first full translation into English of The Buribunks and a selection of critical essays on the text, its meanings in the digital present, its playing with and criticism of the literary form, and its place within Schmitt's life and work. The Buribunks and the essays provide a complex, critical and provocative invitation to reimagine the relations between the human and their imprint and legacy within archives and repositories. There is a fundamental exploration of what it means to be a being intensely aware of 'writing itself'. This is not just a volume for critical lawyers, literary scholars and the Schmitt literati. It is a volume that challenges a broad range of disciplines, from philosophy to critical data studies, to reflect on the digital present and its assembled and curated beings. It is a volume that provides a set of fantastically located concepts, images and histories that traverse ideas and practices, play and politics, power and possibility.

The Taiwan issue has always been a core national interest of mainland China, which has steadfastly vowed to fulfill national reunification. This book provides a comprehensive and updated explanation of the strategic motivations, behavioral logic, and policymaking rationale of Beijing's Taiwan policy. It will aid readers in predicting the future development of cross-Strait relations, reducing the risk of strategic miscalculations, and defusing potential geostrategic perils. The book analyzes Beijing's changing policy toward Taiwan during the Kuomintang and Democratic Progressive Party administrations. It explains the key driving forces for Beijing's Taiwan policy in these different periods, which have displayed fundamental shifts from confrontation to cooperation and then back to confrontation. The book also delves into how the rising strategic rivalry between China and the US may influence Beijing's Taiwan policy and the prospect of cross-Strait relations in the near future. The book will be a useful reference to deepen intellectual understanding of Beijing's broader security and diplomatic policies. It will also appeal to government policymakers who have a keen and vested interest in peace and security in the West Pacific.

Beyond Transitional Justice reflects upon the state of the field (or non-field) of transitional justice in the current conjuncture, as well as identifying new possibilities and challenges in the fields with which transitional justice overlaps (such as human rights, peacebuilding, and development). Chapters intervene at the cutting edge of contemporary transitional justice research, addressing key theoretical and empirical questions and covering critical, international, interdisciplinary, theoretical, and practice-oriented content. In particular, the notion of transformative justice is discussed in light of the emerging scholarship defining and applying this concept as either an approach within or an alternative to transitional justice. The book considers the extent to which transformative justice as a concept adds value to scholarship on transitional justice and related areas and asks what the future might hold for this area as a field - or non-field. A timely intervention, Beyond Transitional Justice is ideal reading for scholars and students in the fields of human rights, peace and conflict studies, international law, critical legal theory, development studies, criminology, and victimology.

The Routledge International Handbook of Green Criminology was the first comprehensive and international anthology dedicated to green criminology. It presented green criminology to an international audience, described the state of the field, offered a description of a range of environmental issues of regional and global importance, and argued for continued criminological attention to environmental crimes and harms, setting an agenda for further study. In the six years since its publication, the field has continued to grow and thrive. This revised and expanded second edition of the Handbook reflects new methodological orientations, new locations of study such as Asia, Canada and South America, and new responses to environmental harms. While a number of the original chapters have been revised, the second edition offers a range of fresh chapters covering new and emerging areas of study, such as: conservation criminology, eco-feminism, environmental victimology, fracking, migration and eco-rights, and e-waste. This handbook continues to define and capture the field of green criminology and is essential reading for students and researchers engaged in green crime and environmental harm.