The passage of Measure 58 in Oregon in 1998 was a milestone in adoption reform. For the first time in U.S. history a grassroots initiative restored the legal right of adopted adults to request and receive their original birth certificates. Within a day after the law went into effect, nearly 2,400 adoptees had applied for these previously sealed records, elevating their right to know over a birth mother's right to privacy. E. Wayne Carp, a nationally respected authority on adoption history, now reveals the efforts of the radical adoptee rights organization Bastard Nation to pass this milestone initiative. He has written an intimate history of a passionately proposed and opposed initiative that has the potential to revolutionize the adoption reform movement nationwide. Carp follows the campaign from its inception through the hard-fought signature drives of proponents Helen Hill and Grimm to the electoral campaign and ensuing court battles. The opposition was formidable: government officials, adoption agencies, news media, the ACLU, religious organizations, and ad-hoc citizen political groups. Using correspondence and his own candid interviews with all the key players, Carp shows how

This accessible and practical guide de-mystifies the Mental Health Tribunal for health and social care professionals. Written by a mental health lawyer and a MHT Panel member, it offers essential explanations of all stages of the MHT proceedings, from initial application to the final decision. The book also provides answers to frequently asked questions and provides top tips to help guide through the whole process.

A critical resource for approaching sustainability across the disciplines Sustainability and social justice remain elusive even though each is unattainable without the other. Across the industrialized West and the Global South, unsustainable practices and social inequities exacerbate one another. How do social justice and sustainability connect? What does sustainability mean and, most importantly, how can we achieve it with justice? This volume tackles these questions, placing social justice and interdisciplinary approaches at the center of efforts for a more sustainable world. Contributors present empirical case studies that illustrate how sustainability can take place without contributing to social inequality. From indigenous land rights, climate conflict, militarization and urban drought resilience, the book offers examples of ways in which sustainability and social justice strengthen one another. Through an understanding of history, diverse cultural traditions, and complexity in relation to race, class, and gender, this volume demonstrates ways in which sustainability can help to shape better and more robust solutions to the world's most pressing problems. Blending methods from the humanities, environmental sciences and the humanistic social sciences, this book offers an essential guide for the next generation of global citizens.

Justice for All identifies ten central flaws in the criminal justice system and offers an array of solutions - from status quo to evolution to revolution - to address the inequities and injustices that far too often result in courtrooms across the United States. From the investigatory stage to the sentencing and appellate stages, many criminal defendants, particularly those from marginalized communities, often face procedural and structural barriers that taint the criminal justice system with the stain of unfairness, prejudice, and arbitrariness. Systematic flaws in the criminal justice system underscore the inequitable processes by which courts deprive citizens of liberty and, in some instances, their lives. Comprehensive in its scope and applicability, the book focuses upon the procedural and substantive barriers that often prohibit defendants from receiving fair treatment within the United States criminal justice system. Each chapter is devoted to a particular flaw in the criminal justice system and is divided into two parts. First, the authors discuss in depth the underlying causes and effects of the flaw at issue. Second, the authors present a wide range of possible solutions to address this flaw and to lead to greater equality in the administration of criminal justice. The reader is encouraged throughout to consider and assess all possible options, then defend their choices and preferences. Confronting these issues is critical to reducing racial disparities and guaranteeing Justice for all. Describing the problems and assessing the solutions, Justice for All does not identify all problems or all solutions, but will be of immeasurable value to criminal justice students and scholars, as well as attorneys, judges, and legislators, who strive to address the pervasive flaws in the criminal justice system.

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 third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last several decades, have played an increasingly significant role in defining school policy. Decisions in such areas as school desegregation, prayer, public school financing, student rights, collective bargaining, students with disabilities, sexual harassment and other personnel issues attest to the extent and importance of judicial influence. It is important, therefore, that teachers and administrators have a least a rudimentary knowledge and understanding of school law and how it affect their day-to-day classroom activities. There is a sizable body of school law with which educators should be familiar if they wish to conduct themselves in a legally acceptable manner. Those educators who "fly by the seat of their pants" may be in difficulty if sufficient thought is not given to the legal implications of their decisions and conduct. This text provides introductory material for those educators interested in K-12 educational issues, and who have little or no background or knowledge in school law. This book takes a case brief approach to the study of school law. Case briefs are the means by which students of the law summarize cases to facilitate learning and analysis. This book's purpose is to provide those who are involved and interested in education with a rudimentary knowledge base for making educationally sound decisions within the legal framework of our nation. Having such knowledge may preclude, or at least minimize, an educator's exposure to liability. On the other hand, this book is not intended to scare educators into inaction. Many of the most effective learning activities carry with them a certain degree of risk. Field trips and laboratory experiments come immediately to mind. The knowledge obtained from this book is not intended to end the taking of field trips and the conducting of laboratory experiments. It is intended to be a guide to conducting these valuable activities in a responsible manner that will minimize the educator's exposure to liability.

This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. Women's Birthing Bodies and the Law includes contributions from leading feminist philosophers, healthcare professionals, and academics in healthcare and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law.

This book examines the antagonistic relationship between new European nationalisms as these often go hand-in-hand with populism, and the phenomenon of migration. Migration has become a significant issue both in Europe and the whole world. Although it has always existed, much of public opinion sees it now as a problem. The latter has been exaggerated through a crisis in hospitality exacerbated by the relatively recently constructed and misplaced feeling of a civilisational threat from islam. Migration is then countered by the escalation of new nationalisms, at least some of which are supported by populism. This book offers an understanding of this conjunction of migration and nationalism in the post-cold war European context. More specifically, the book takes up how the end of the simplified cold war cognitive binary means an unprecedented epistemological confusion and depoliticisation which takes migration as its target, but could resort to other targets too. Discussing the postcolonial background to the new migrations, the book also considers womens' rights, postsocialism and the relevance of the current pandemic, as the issue of migration is addressed in the context of the European crisis-ridden present. This wide-ranging interrogation of how contemporary European migration is conceived and understood will appeal to students, academics, activists, policy makers, and others with interests in contemporary migration, new nationalisms, populism, feminism, colonial, postcolonial, and decolonial issues, as well as socialism and postsocialism.

Looks at effects of contemporary political and social system on psychology and psychotherapy * Puts forward ideas for advancing theory and clinical practice which counteract harmful effects of societal influences * Contains contributions from a distinguished international range of contributors

1. This accessible volume and comprehensive subject guide comprises key readings on law and social justice, with a focus on dispossessions, marginalities and rights. 2. A topical volume that brings together expert analyses and emerging research on contemporary themes. 3. It will be of interest to departments of law, socio-legal studies, legal history, South Asian studies, human rights, jurisprudence and constitutional studies, gender studies, history, politics, conflict and peace studies, sociology and social anthropology. It will also appeal to legal historians and practitioner of law, and those in public administration, development studies, environment studies, migration studies, cultural studies, labour studies and economics.

Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' - as opposed to 'natural' - law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.

Le Reglement type traite de la classification des marchandises dangereuses, de leur enumeration, de l'utilisation, de la construction, des epreuves et des agrements des emballages et des citernes mobiles, ainsi que des procedures d'expedition incluant le marquage, l'etiquetage, le placardage et la documentation. Il vise a eviter les accidents materiels et de personnes et les dommages a l'environnement en cours de transport, quel que soit le mode de transport utilise, et a assurer ainsi un niveau de securite eleve.

In this lively, entertaining, and informative book, Dean K. Fueroghne guides readers through the complex laws governing the creation of advertising, illuminating a heavily regulated arena at the intersection of free enterprise and consumer protection. Is it acceptable to use images of real people, famous or not? Can Nike talk about Adidas in its promotional campaign? When can money be shown? What constitutes puffery, or deceptive truth, or bait-and-switch advertising? What are the specific rules pertaining to professional businesses, political advertising, or the marketing of alcohol or tobacco? What is the difference between copyright and trademark? Fueroghne answers these questions and more as he covers the complex laws relevant to advertising in all its guises. In addition to discussing specific cases, he explains the reasoning behind the court's decisions and how it affects the business of advertising. Students of strategic communication as well as advertising professionals-from agency account executives and copywriters to art directors and freelance designers-will learn to anticipate when proposed advertising may cause legal problems and how to avoid costly mistakes. Advertising lawyers will also appreciate the book as a handy reference that gathers in one place the many disparate laws affecting marketing and promotion in the United States today.

Judgment is simple, right? This book begs to differ. Written for all students of the law-from undergraduate to supreme court justice-it opens the reader to a broad landscape of ideas surrounding common law judgment. Short and accessible, it touches upon the many pathways that lead out from the phenomenon of judgment in common law jurisdictions. This book is unique in its brevity and scope. It engages not only with the core operation of judgment as legal decision, but considers questions of authority and reason, and broader issues of interpretation, rhetoric, and judicial improvisation. The aim of this book is not to present a summary of research or a comprehensive 'theory' of judgment, nor is it bounded by the divisions of different legal subjects. Instead, it is a handbook or companion for students of the law to read and return to in their studious journeys across all common law topic areas, providing readers with a robust and open-ended set of tools, combined with selected further readings, to facilitate their own discovery, exploration, and critical analysis of the rich tapestry of common law judgment.

* 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

Takes a very applied and accessible approach to assessments of mental capacity. Case examples illustrate decision-making capacity in a number of settings and contexts, including financial decisions, medical decisions, criminal/civil court, and other areas. Legal commentary helps illustrate state laws and ethical principles. Includes practice-oriented information and guidelines illustrating how psychologists, Mental Health professionals and lawyers work together. Gives attention to issues related to equity, stereotypes/bias, race, disability, socioeconomic status, and age.

This book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also provides an in-depth analysis of how, through the use of those categories, legal experts studying the legitimacy of the IACtHR enact self-validation processes by making themselves the principal agents of transformation. These self-validation processes work as ideological apparatuses that reproduce and entrench the mindset that the legal discipline is a driving force of change in itself. Further, the book shows how profiling the Court as an agent of transformation diverts attention from the ways in which it has pursued a particular view of human rights and democracy in the region that creates and reproduces relations of inequality and domination. Rather than discarding the IACtHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilise and define the content of law to transform their lives and territories. The book will be a valuable resource for scholars working in the areas of human rights law, law, public international law, legal theory, constitutional law, political science and legal philosophy.

Takes a very applied and accessible approach to assessments of mental capacity. Case examples illustrate decision-making capacity in a number of settings and contexts, including financial decisions, medical decisions, criminal/civil court, and other areas. Legal commentary helps illustrate state laws and ethical principles. Includes practice-oriented information and guidelines illustrating how psychologists, Mental Health professionals and lawyers work together. Gives attention to issues related to equity, stereotypes/bias, race, disability, socioeconomic status, and age.

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.

tells the stories, some for the first time, of eleven individuals who made heroic contributions to protecting our planet through groundbreaking international treaties investigates who was involved, how different personalities impacted the negotiations, what the state of play was and highlights the pivotal make or break moments the range of heroic individuals examined includes Luc Hoffmann, Mostafa Tolba, Maria Luiza Ribeiro Viotti, Raul Oyuela Estrada, Barack Obama and Paula Caballero presents uplifting and gripping narrative an invaluable resource for students, scholars, activists and professionals who are seeking to understand how consensus is reached in these global meetings and how individuals can have a genuine impact on preserving our planet and reinforcing the positive message that global cooperation can actually work

Providing a comprehensive review of the relationship between regulatory frameworks and free trading models, this book is aimed at industry and legal professionals. It will also be of interest to students studying market behaviour, free trade law and the free movement of goods, and environmental protection.

This book explores how being "disabled" originates in the physical world, social representations and rules, and historical power relations-the interplay of which render bodies "normal" or not. Do parking signs that represent people in wheelchairs as self-propelling influence how we view dis/ability? How do wheelchair users understand their own bodies and an environment not built for them? By asking questions like these the authors reveal how normalization has informed people's experiences of their bodies and their fight for substantive equality. Understanding these processes requires acknowledging the tension between social construction and embodiment as well as centering the intersection of dis/abilities with other identities, such as race, class, gender, sex orientation, citizen status, and so on. Scholars and researchers will find that this book provides new avenues for thinking about dis/ability. A wider audience will find it accessible and informative.

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.

* A comprehensive mixed-methods analysis of criminologists' engagement with the media. * Includes a range of media, from traditional news outlets to social media.

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.