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Books > Law > Laws of other jurisdictions & general law > Social law
This book examines major conceptual challenges confronting freedom of religion or belief in contemporary settings. The volume brings together chapters by leading experts from law, religious studies, and international relations, who provide perspectives from both sides of the Atlantic. At a time when the polarization of 'culture wars' is aggravating tensions between secular and religious views about accommodating the conscientious claims of individuals and groups, and when the right to freedom of religion itself is facing misunderstanding and erosion, the work provides welcome clarity and depth. Some chapters adopt a primarily conceptual and historical approach; others analyze particular difficulties or conflicts that have emerged in European and American jurisdictions, along with concrete applications and recommendations for the future. The book will be a valuable resource for students, academics, and policy-makers with an interest in law, religion, and human rights.
This reference text discusses integrated approaches to improve the objectives of additive manufacturing in medical application. The text covers case studies related to product design and development, discuses biomaterials, applications of artificial intelligence and machine learning using additive manufacturing techniques. It covers important topics including 3D printing technology, materials for 3D printing in medicine, rapid prototyping in clinical applications, and use of additive manufacturing in customized bone tissue engineering scaffold. The text- Discusses additive manufacturing techniques and their utilization in medical applications. Covers important applications of additive manufacturing in the fields of medicine, education and space industry. Explores regulatory challenges associated with the emergence of additive manufacturing. Examines the use of rapid prototyping in clinical applications. The text will serve as a useful reference guide for graduate students and academic researchers in the fields of industrial engineering, manufacturing science, mechanical engineering, and aerospace engineering. This book discusses important application areas of additive manufacturing, including medicine, education, and the space industry, this reference text will be a serve as a useful text for graduate students and academic researchers in the fields of industrial engineering, manufacturing science, mechanical engineering, and aerospace engineering.
Environmental crime is arguably the most vital and destructive crime of the 21st century, especially in the light of climate change and shifts in social, economic and ecological circumstances that will accompany global warming. The author takes an excitingly broad and refreshing approach to environmental crime and investigates a variety of topics including illegal fishing, poaching, wildlife crimes, animal abuse, climate change and ecocide as well as crimes related to waste, energy and contamination.
Amid great concern for universal health care is succinct, well documented, accessible review of malpractice liability in health care and related professions. Freedman explores the nature of malpractice using commonly understood codes of ethics and statements of principles promulgated by the major associations of the health care industry itself, and then looks at malpractice liability from the viewpoint of court decisions and the fact patterns on which they are based. He also considers professional malpractice insurance and the right of health care industry professionals to determine for themselves whether the gains to be had from settling a claim out of court might outweigh the potential benefits from a successful litigation. Not just for attorneys but for their clients too, Freedman's book guides professionals through the principles of malpractice law, and in doing so provides them with guidance they need in today's malpractice crazed society.
Why have many victim-centred policy initiatives met with so little success? How have those initiatives unfolded differently in different global jurisdictions over different periods of time? This book aims to address these questions. Building on a major research project exploring victims' access to justice over time and place, Victims' Access to Justice considers the potentialities for victims' participation in criminal justice systems and in victim programmes both in historical and comparative context. It considers a range of topics: ways of identifying and accommodating victims' needs and senses of justice; the impacts for criminal justice systems of seeking to accommodate these; and the ways in which adversarial criminal justice systems, in particular, may enable or inhibit victim participation. This is essential reading for all those engaged in understanding and working with victims of crime.
This book addresses the role of law in the adaptive management of socio-ecological systems. Recent years have witnessed a rise in discussion over the relation between adaptivity and law, as if after decades of insouciance, legal scholars have finally started to understand the impacts of the scientific paradigm called 'adaptive management' on the legal sphere. Even though the complicated relations between law and the adaptive management of socio-ecological systems have become more debated, a thorough examination of the scientific and theoretical fundamentals of such endeavours has yet to be presented. Using the illustrative example of European Union water governance and its path toward embracing adaptive management, this book emphasises the legal significance of properly understanding the manner in which scientific knowledge of the environment is produced. Though always pivotal, rigorously apprehending science is especially crucial when dealing with the management of complex ecosystems as the 'normative' is created gradually before law begins to examine the 'facts' of the matter. After examining the roots of adaptive management, this book argues that the legal needs to understand itself as an integral part of the process of the socio-ecological management of complex systems and not merely an external umpire resolving disputes. As a whole, the book offers new insights into the EU regulator's approaches to scientific realities, making it an interesting read not only to academics and legal scholars but also to regulators striving to deepen their understanding or pondering which approach to adopt in the face of new regulatory challenges, and to scientists interested in the science and law aspects of their work.
This book explores the challenges of transitional justice in West Africa, specifically how countries in the region have dealt with transitional justice problems in the last 30 years (1990-2020), and how they have managed the process. Using comparative, historical, and legal analyses it examines the politics of justice after violent conflicts in West Africa, the major transitional justice mechanisms established in the region, and how countries have used these institutions to address injustice and the pains of war in some West African countries. The book examines how transitional justice mechanisms have contributed to victims' rights, reconciliation, and peace in transitional societies, and whether transitional justice mechanisms deployed in West Africa were suitable or ill-fitted, and the politics of deploying them. The book is addressed to a wide audience: policymakers, and graduate and post-graduate students of transitional justice, conflict resolution, peace studies, conflict transformation, international criminal law, law and similar subjects. This book will be of great value to academics and researchers, as well as lecturers in tertiary institutions offering relevant courses; legal practitioners; peace practitioners/NGOs; and those working in the field of transitional justice and human rights.
Maintaining the importance of socio-economic issues in devising transitional justice mechanisms, this book examines the widespread practice of land grabbing in Afghanistan. On 3 September 2003, 100 armed police officers bulldozed around 30 homes in the Sherpur neighborhood of Kabul, Afghanistan, evicting over 250 people. Historically, the land was part of the property of the Ministry of Defense, of which a zone was allocated to the ministry's employees who had built homes and had lived there for nearly 30 years. After the demolition, however, the land was distributed among 300 high-ranking government officials, including ministers, deputy ministers, governors and other powerful warlords. Land grabbing in Afghanistan has become a widespread practice across the country. Based on over 50 semi-structured interviews with key informants and group discussions with war victims and local experts in Kabul, the current book examines the relevance of transitional justice discourse and practice in response to this situation. Following a critical criminological concern with social harm, the book maintains that it is not enough to consider a country's political history of violent conflict and the violation of civil and political rights alone. Rather, to decide on appropriate transitional justice mechanisms, it is crucial to consider a country's socio-economic background, and above all the socio-economic harm inflicted on people during periods of violent conflict. This original and detailed account of the socio-economic challenges faced by transitional justice mechanisms will be of interest to those studying and working in this area in law, politics, development studies and criminology.
This book offers a comprehensive analysis of philosophical, social, ethical, and legal challenges arising as a consequences of current advances in neurosciences and neurotechnology. It starts by offering an overview of fundamental concepts such as mental privacy, personal autonomy, mental integrity, and responsibility, among others. In turn, it discusses the influence of possible misuses or uncontrolled uses of neurotechnology on those concepts, and, more in general, on human rights and equality. Then, it makes some original proposals to deal with the main ethical, legal, and social problems associated to the use of neurotechnology, both in medicine and in everyday life, suggesting possible policies to protect privacy, neural data, and intimacy. Crossing the borders between humanities, natural sciences, bio-medicine, and engineering, and taking into account geographical and cultural differences, this book offers a conceptual debate around policy and decision making concerning some of the key neuroethical challenges of our times. It offers a comprehensive guide to the most important issues of neurojustice and neuroprotection, together with a set of new paradigms to face some of the most urgent neuroethical problems of our times.
This book examines the regulatory framework for untested and unapproved uses (off-label uses) of medicines in the EU, UK, and USA. Before reaching patients, medicines are extensively tested by manufacturers and approved by regulators to minimise the risk of adverse reactions. However, physicians can prescribe pharmaceuticals for off-label uses, widespread in paediatrics, oncology, rare diseases and, more recently, in treatment for Covid-19. While off-label uses may offer hope, they may also expose patients to risks and uncertainties. Clarification is therefore needed to improve the protection of patients' rights while enhancing legal certainty for health actors. To this end, this work clarifies the regulatory mechanisms and litigation trends concerning off-licence prescriptions in these jurisdictions. It assesses how traditional, prevention-driven regulatory and civil liability rules are being adapted to tackle potential risks and scientific uncertainty. The book outlines the applicable regulations, as well as considering Brexit's impact on off-label policies in the UK, and EU and national off-label policies in the context of the fight against the Covid-19 pandemic. It also explores under what conditions physicians, manufacturers, or regulators must compensate patients injured by untested prescriptions. The book will be an essential resource for researchers, academics and policy-makers working in the areas of medical law and ethics, public health law, pharmaceutical law and private comparative law.
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 unique collection explores the complex issue of vigilantism, how it is represented in popular culture, and what is its impact on behavior and the implications for the rule of law. The book is a transnational investigation across a range of eleven different jurisdictions, including accounts of the Anglophone world (Australia, Britain, Canada, and the United States), European experiences (Germany, Greece, Italy, Poland, and Portugal), and South American jurisdictions (Argentina and Brazil). The essays, written by prominent international scholars in law, sociology, criminology, and media studies, present data, historical and recent examples of vigilantism; examine the national Laws and jurisprudence; and focus on the broad theme of vigilante justice in popular culture (literature, films, television). Vigilante Justice in Society and Popular Culture sheds light on this topic offering a detailed look beyond the Anglophone world. This collection will enrich the debate by adding the opportunity for comparison which has been largely lacking in scholarly debate. As such, it will appeal not only to scholars of law, sociology, criminology, and media studies, but also to all those who are engaged with these topics alike.
The sole available comprehensive history of social law and the model of social welfare in Germany. The book explains the origins since the medieval times, but concentrates on the 19th and 20th centuries, especially on the introduction of the social insurance 1881-1889, of the expansion of the system in the Weimar Republic, under the Nazi-System and after World War II in the FRG and the GDR. The system of social welfare in Germany is one of the pillars of economic stability.
Katarina Pijetlovic is the first author to address the issue of breakaway leagues in football and their treatment under EU law. In this book she guides the reader through EU sports law, the specificities of the sporting industry and the problems and power struggles in European football governance in the context of the breakaway threats by elite clubs. In order to analyse the legality of UEFA clauses that restrict the formation of such breakaway structures, the author first provides a progressive interpretation of the applicable EU sports law and an in-depth analytical review of EU sports cases decided under internal market and competition provisions, including a novel perspective on the UEFA home-grown rule and the Bosman case. Thereafter, she sets out an original theory of convergence between TFEU provisions on competition and the internal market in the light of sporting exceptions. Finally, in applying the legal principles thus outlined Katarina Pijetlovic explores the legality of the restrictive UEFA clauses and the case for the formation of alternative leagues in European football under EU sports law. A number of surprising outcomes emerge from this analytical process. Conversely, she also tests the largely neglected issue of the legality of forming a breakaway league by the European elite football clubs. The systematic way in which the reader is guided through EU sports law and the legal issues under consideration makes the book accessible for EU lawyers as well as non-EU sports lawyers, on both an academic and a practitioner's level. Katarina Pijetlovic holds licentiate and doctoral degrees in EU sports law from the University of Helsinki. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. David McArdle, Prof. Ben Van Rompuy and Marco van der Harst LL.M.
In How Machines Came to Speak Jennifer Petersen constructs a genealogy of how legal conceptions of "speech" have transformed over the last century in response to new media technologies. Drawing on media and legal history, Petersen shows that the legal category of speech has varied considerably, evolving from a narrow category of oratory and print publication to a broad, abstract conception encompassing expressive nonverbal actions, algorithms, and data. She examines a series of pivotal US court cases in which new media technologies-such as phonographs, radio, film, and computer code-were integral to this shift. In judicial decisions ranging from the determination that silent films were not a form of speech to the expansion of speech rights to include algorithmic outputs, courts understood speech as mediated through technology. Speech thus became disarticulated from individual speakers. By outlining how legal definitions of speech are indelibly dependent on technology, Petersen demonstrates that future innovations such as artificial intelligence will continue to restructure speech law in ways that threaten to protect corporate and institutional forms of speech over the rights and interests of citizens.
Why does a hospital need an ethics consultation? And what about this counselling is ethical? The book explains the background of the development of clinical ethics counselling. It provides new insights into serious decision-making conflicts in everyday clinical life and uncovers the disputes that followed in public. In the search for the ethical understanding of clinical ethics counselling, the book comes across previously unexplored evidence. Step by step, a system is reconstructed that reveals the shape of a significant philosophical school of thought.
The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS) and national courts between 2018-2020. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on important issues raised by international sports arbitration, and independent commentaries by academics and practitioners on the most important decisions of the CAS and national courts of the year, and in this particular case of the years 2018-2020. Dr. Antoine Duval is Senior Researcher at the T.M.C. Asser Instituut in The Hague and heads the Asser International Sports Law Centre. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.
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.
This book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.
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.
Restorative justice is an innovative approach to responding to crime and conflict that shifts the focus away from laws and punishment to instead consider the harm caused and what is needed to repair that harm and make things right. Interest in restorative justice is rapidly expanding, with new applications continuously emerging around the world. The restorative philosophy and conference process have shown great promise in providing a justice response that heals individuals and strengthens the community. Still, a few key questions remain unanswered. First, how is the personal and relational transformation apparent in the restorative justice process achieved? What can be done to safeguard and enhance that effectiveness? Second, can restorative justice satisfy the wider public's need for a reaffirmation of communal norms following a crime, particularly in comparison to the criminal trial? And finally, given its primary focus on making amends at an interpersonal level, does restorative justice routinely fail to address larger, structural injustices? This book engages with these three critical questions through an understanding of restorative justice as a ritual. It proffers three dominant ritual functions related to the performance of justice: the normative, the transformative, and the proleptic. Two justice rituals, namely, the criminal trial and the restorative justice conference, are examined through this framework in order to understand how each process fulfills, or fails to fulfill, the multifaceted human need for justice. The book will be of interest to students, academics, and practitioners working in the areas of Restorative Justice, Criminal Law, and Criminology.
This book provides a stocktake and comparative socio-legal analysis of law enforcement cooperation strategies in four different regions of the world: the European Union (EU), North America, Greater China and Australasia. The work analyses law enforcement cooperation mechanisms within the socio-legal framework of global normmaking. The strategies addressed range from legal frameworks facilitating cooperation to formal and informal police networks and cooperation practices. The study also takes into account crime-specific engagement, for example campaigns focusing on drug crimes, terrorism, financial crime, kidnappings and other offences. It explores challenges in policing practice and human rights protection in each region that could be countered by existing strategies in another. As regions usually develop more advanced cooperation mechanisms than exist at a global scale, strategies found in the former could help find solutions for the latter. To map existing strategies and assess their impact on both human rights and policing practice this study relies on an assessment of the primary and secondary literature sources in each region as well as interviews with practitioners ranging from senior police officers to prosecutors, government officials, customs and military staff. This book presents a valuable resource for academics and postgraduate students, as well as policing and criminal justice practitioners, government officials and policy makers.
1. Guides facility engineers and managers with a clear and logical exposition of topics, developments, and valuable regulatory frameworks for appropriate preparation and compliance. 2. Provides detailed explanations of procedures for emission reduction and improved efficiency and productivity. 3. Emphasizes the importance of continuing education in compliance to prevent high penalties for facilities. 4. Includes real-life applications and case studies on reducing energy baseline and current operating methods, providing formulas and calculations. 5. Addresses regulatory knowledge for operating systems in cities with a dense population in the US and countries with similar regulatory frameworks.
Laws of the Sea assembles scholars from law, geography, anthropology, and environmental humanities to consider the possibilities of a critical ocean approach in legal studies. Unlike the United Nations' monumental Convention on the Law of the Sea, which imagines one comprehensive constitutional framework for governing the ocean, Laws of the Sea approaches oceanic law in plural and dynamic ways. Critically engaging contemporary concerns about the fate of the ocean, the collection's twelve chapters range from hydrothermal vents through the continental shelf and marine genetic resources to coastal communities in France, Sweden, Florida, and Indonesia. Documenting the longstanding binary of land and sea, the chapters pose a fundamental challenge to European law's "terracentrism" and its pervasive influence on juridical modes of knowing and making the world. Together, the chapters ask: is contemporary Eurocentric law-and international law in particular-capable of moving away from its capitalist and colonial legacies, established through myriad oceanic abstractions and classifications, toward more amphibious legalities? Laws of the Sea will appeal to legal scholars, geographers, anthropologists, cultural and political theorists, as well as scholars in the environmental humanities, political ecology, ocean studies, and animal studies.
Is that dog allowed in school? Can the miniature horse ride on the bus with my son? Must the service animal leave the classroom if the teacher is allergic? Do I need to include the service animal in the IEP? These are some of the many questions that arise when a child with disability brings a service animal to school. Service Animals in Schools: Legal, Educational, Administrative and Strategic Handling Aspects (LEASH), provides a comprehensive overview of the legal, educational, and accessibility issues surrounding service animals in schools and provides practical guidelines for addressing these concerns within an academic setting. The authors explore topics such as types of assistance animals, educational planning and IEP development, classroom integration, transition planning, and more, providing practical information about service animal use from both ends of the leash. |
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