Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial burdens and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting, or compensating carers, which is an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. (Series: Hart Studies in Private Law)

Genetic Transparency? tackles the question of who has, or should have access to personal genomic information. Genomic science is revolutionary in how it changes the way we live, individually and together, and how it changes the shape of society. If this is so, then - the authors of this volume claim - the rules that regulate genetic transparency should be debated carefully, openly and critically. It is important to see that the social and cultural meanings of DNA and genetic sequences are much richer than can be accounted for by purely biomedical knowledge. In this book, an international group of leading genomics experts and scholars from the humanities and social sciences discuss how the new accessibility of genomic information affects interpersonal relationships, our self-understandings, ethics, law, and healthcare systems. Contributors are: Kirsten Brukamp, Gabrielle Christenhusz, Lorraine Cowley, Malte Dreyer, Jeanette Erdmann, Andrei Famenka, Teresa Finlay, Caroline Fundling, Shannon Gibson, Cathy Herbrand, Angeliki Kerasidou, Lene Koch, Fruzsina Molnar-Gabor, Tim Ohnhauser, Christoph Rehmann-Sutter, Benedikt Reiz, Vasilja Rolfes, Sara Tocchetti

Most Americans-even environmentalists-date the emergence of laws protecting nature to the early 1970s. But Karl Boyd Brooks shows that, far from being a product of that activist decade, American environmental law emerged well before the first Earth Day, often in unexpected places far from Capitol Hill.

Surveying the landscape from the end of World War II to Earth Day 1970, Brooks traces a dramatic shift in Americans' relationship to the environment and the emergence of new environmental statutes. He takes readers into legislative hearing rooms, lawyers' conferences, and administrators' offices to describe how Americans forged a new body of law that reflected their hopes for rescuing the land from air pollution, deforestation, and other potential threats. For while previous law had treated nature as a commodity, more and more Americans had come to see it as a national treasure worth preserving.

Brooks explores the way key features of the New Deal's legal legacy influenced environmental law. This path-breaking environmental history examines how cultural, intellectual, and economic changes in postwar America brought about new solutions to environmental problems that threatened public health and degraded natural aesthetics. Visiting riverbanks and freeways, duck blinds and airsheds, Before Earth Day reveals the new strategies and efforts by which the unceasing process of legal change created environmental law. And through real-world examples-how Los Angelenos pressed cases about water and air quality, how an Idaho lawyer helped clients pursue new environmental regulations, how citizens challenged government and corporate plans to dam rivers-Brooks demonstrates that key changes in property, procedure, contract, and other legal rules in those early years stimulated the national environmental laws to come.

Gracefully written and meticulously researched, Brooks's work dramatically updates our understanding of the origins of environmental law. By taking the postwar years more seriously, he shows that earlier actions across the country played a central role in shaping the structure and goals of well-known federal laws passed during the "environmental decade" of the seventies. Before Earth Day describes nothing less than an entirely new way of thinking, as environmental law emerged from local jurisdictions to reshape national agendas, firing the popular imagination and only then remodeling law school curricula. A long-needed corrective to standard political and legal history, it demonstrates both the longstanding environmental concerns of Americans and the resilience of law.

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.

Because the original and essential value of spatial data A- data that refer to specific geographical locations or areas A- lies in environmental decision-making, such data mostly originate in the public sector and are made available to people, companies, and public bodies according to rules of access, re-use and sharing. In the European Union, a complex system is in place by which public provision of spatial data is determined according to a tripartite distinction: sharing among public bodies for environmental policy purposes; public information or access upon request; and re-use for commercial or non-commercial purposes based upon the economic value of the data. How well does this distinction hold up against actual demands? It is the contention of this important book that these three categories overlap in practice, and that the rules that emerge from this distinction A- and govern use of the data A- are rendered ineffective by the character of the public task, which remains contingent, evolving, and political. In the first study to treat the subject in depth, Katleen Janssen analyses the concepts that determine the application of the EU legal framework for the availability of spatial data. Drawing on a wide range of relevant sources A- the fundamental EC directives (including the evolution towards these texts in earlier initiatives and preparatory documents), other European legislation, cases at several levels, and literature from economics and social and political science A- she clearly exposes the impact of the lack of effective distinction between the applicable rules. In the course of the analysis, several major issues and topics arise, including the following: A { public bodies A| use of the data for extra revenue; A { the public task debate and competition law; A { charging for public sector spatial data: cost recovery vs. open access; A { typologies of data, data providers and users, and data usage The author also offers numerous perspectives on various relevant initiatives by United Nations agencies, the Council of Europe (including case law of the European Court of Human Rights), and the Organisation for Economic Co-operation and Development, as well as implications embodied in the Rio Declaration on Environment and Development and the Aarhus Convention. It would be difficult to overestimate the significance of this incisive work in the development of European environmental law. In its detailed analysis of the goals for which spatial data are provided, the level of processing the data undergo before they are made available, and the type of data that are requested, it gives policymakers, practitioners and academics in the field a rich depository of information, commentary, guidance, and insight.

Prohibitions against offensive conduct have existed for many years, but their extent and use was on the decline. Recently, however, several jurisdictions, including England and Wales, have moved to broaden the reach and severity of measures against incivilities. New measures include expanded targeting of unpopular forms of public conduct, such as begging, and legislation authorising magistrates to issue prohibitory orders against anti-social behaviour. Because these quality-of-life prohibitions can be so restrictive of personal liberties, it is essential to develop adequate guiding and limiting principles concerning State intervention in this area. This book addresses the legal regulation of offensive behaviour. Topics include: the nature of offensiveness; the grounds and permissible scope of criminal prohibitions against offensive behaviour; the legitimacy of civil orders against incivilities; and identifying the social trends that have generated current political interest in preventing incivilities through intervention of law. These questions are addressed by eleven distinguished philosophers, criminal law theorists, criminologists, and sociologists. In an area that has attracted much public comment but little theoretical analysis to date, these essays develop a fuller conceptual framework for debating questions about the legal regulation of offensive behaviour.

This monograph examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users' autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users. Using a series of illustrative case studies, of Internet provision, search, mobile devices and app stores, and the cloud, the work demonstrates the gaps that currently exist in EU law and regulation. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failure can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, solutions from outside the system are proposed at the end of each case study. This study will appeal to EU competition lawyers and media lawyers.

As technology becomes further engrained in the modern healthcare experience, an understanding of the impact created by the implementation of each new technology as well as the issues surrounding the today's medical experience is never more necessary. New Technologies for Advancing Healthcare and Clinical Practices chronicles the latest developments that are forming the future of medicine. This book introduces and explores the current technological innovations and applications of information systems and informatics in the healthcare industry while directing frameworks for advancing healthcare and clinical practices and research. Practitioners, educators, and researchers will find an international collection of case studies, surveys, and empirical research using qualitative approaches.

This book examines the reintroduction and recovery of the wolf in the Northern Rocky Mountains. The wolf was driven to brink of extinction through conscious government policy. The Endangered Species Act of 1973 provided the means for wolf's return, which began in the Carter administration and continues in the Obama administration. The battle over the wolf is part of a larger struggle over the management of public lands, generating public law litigation. Interest groups brought suit in federal courts, challenging the Department of Interior's implementation of policy. The federal courts were required to interpret the statutory mandates and review Interior's decisions to insure statutory compliance. The analysis of this public law litigation demonstrates that the federal courts correctly interpreted the statutory mandates and properly supported and checked Interior's decisions. This book focuses on the controversial role of the courts in the resolution of public policy conflicts. Judicial skeptics argue that the courts should not get involved in complex public policy disputes as Judges lack the expertise and information to make informed decisions. Judicial proponents, by contrast, argue that judicial involvement is necessary so Federal courts can oversee federal agencies, which are under conflicting pressure from interest groups, the President, Congress, and their own internal dynamics. This book supports the conclusions of judicial proponents and points out that the federal courts have been instrumental in the return and recovery of the wolf to the Northern Rocky Mountains.

This is a book for an extraordinary time, about a pandemic for which there is no modern precedent. It is an edited collection of original essays on Asia's legal and policy responses to the Covid-19 pandemic, which, in a matter of months, swept around the globe, infecting millions. It transformed daily life in almost every corner of the planet: lockdowns of cities and entire countries, physical distancing and quarantines, travel restrictions and border controls, movement-tracking technology, mandatory closures of all but essential services, economic devastation and mass unemployment, and government assistance programs on record-breaking scales. Yet a pandemic on this scale, under contemporary conditions of globalization, has left governments and their advisors scrambling to improvise solutions, often themselves unprecedented in modern times, such as the initial lockdown of Wuhan. This collection of essays analyzes law and policy responses across Asia, identifying cross-cutting themes and challenges. It taps the collective knowledge of an interdisciplinary team of sixty-one researchers both in the service of policy development, and with the goal of establishing a scholarly baseline for research after the storm has passed. The collection begins with an epidemiological overview and survey of the law and policy themes. The jurisdiction-specific case studies and cross-cutting thematic essays cover five topics: first wave containment measures; emergency powers; technology, science, and expertise; politics, religion, and governance; and economy, climate, and sustainability. Chapter 20. Cambodia: Public Health, Economic, and Political Dimensions by Ratana Ly, Vandanet Hing, & Kimsan Soy is available for free here: http://fdslive.oup.com/www.oup.com/academic/pdf/law/RamrajCO VID19AsiaCH20.pdf

Many teachers in public schools find themselves increasingly unsure of what the law expects of them in the classroom. The general public and government regulators are holding them to higher and stricter standers of conduct, but their educational preparation has not kept up with the changing environment. Knowing Where to Draw the Line: Ethical and Legal Standards for Best Classroom Practice is an ideal guide for teacher education programs, offering a comprehensive account of the legal information that will arm teachers for legal survival in the classroom. Organized for both easy reference and thorough examination, Knowing Where to Draw the Line: Ethical and Legal Standards for Best Classroom Practice instructs teachers on how to deal with students, parents, administrators, and local communities, covering an exhaustive list of legal issues including: Sexual harassment, Discipline, Contract negotiations, Liability, and Medical Concerns. In addition, Knowing Where to Draw the Line: Ethical and Legal Standards for Best Classroom Practice highlights a number of court cases and uses hypothetical cases to further aid teachers in understanding these vital concerns.

This new addition to Hart Publishing's Landmark Cases series brings together leading figures in the field to discuss a selection of the most significant cases in medical law. These are cases which either signpost a new development for medical law, illustrate an important development of the law, or signpost likely future developments of the law. The cases are explored in their social and historical context to understand better what has influenced the development of the law. This collection provides a fascinating insight in the interaction of medical law and broader social changes to our bodies, illness and medical professionals.

The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.

Never before have two revolutions with so much potential to save and prolong human life occurred simultaneously. The converging, synergistic power of the biochemical and digital revolutions now allows us to read every letter of life's code, create precisely targeted drugs to control it, and tailor their use to individual patients. Cancer, diabetes, Alzheimer's and countless other killers can be vanquished,if we make full use of the tools of modern drug design and allow doctors the use of modern data gathering and analytical tools when prescribing drugs to their patients.But Washington stands in the way, clinging to outdated drug-approval protocols developed decades ago during medicine's long battle with the infectious epidemics of the past. Peter Huber, an expert in science, technology, and public policy, demonstrates why Washington's one-size-fits-all drug policies can't deal with diseases rooted in the complex molecular diversity of human bodies. Washington is ill-equipped to handle the torrents of data that now propel the advance of molecular medicine and is reluctant to embrace the statistical methods of the digital age that can. Obsolete economic policies, often rationalized as cost-saving measures, stifle innovation and suppress investment in the medicine that can provide the best cures at the lowest cost.In the 1980s, an AIDS diagnosis was a death sentence, until the FDA loosened its throttling grip and began streamlining and accelerating approval of life-saving drugs. The Cure in the Code shows patients, doctors, investors, and policy makers what we must now do to capture the full life-saving and cost-saving potential of the revolution in molecular medicine. America has to choose. At stake for America is the power to lead the world in mastering the most free, fecund, competitive, dynamic, and intelligent natural resource on the planet,the molecular code that spawns human life and controls our health.

The Profits of Charity examines the contemporary law governing the involvement of charity in commerce and explores the reasons why this involvement is dramatically changing. From a perspective familiar to charity lawyers, NGO managers, and scholars, Kerry O'Halloran identifies the concepts and the law underpinning charities and their profits by tracing legal developments in the field and identifying the resulting opportunities and challenges for the future. At a time when many leading nations are confronting economic recession, the threat of terrorism, and the retreat of the 'welfare state,' this book explores why governments are turning to charities in their quest to cultivate social capital, consolidate civil society, and promote civic engagement. In The Profits of Charity, Professor O'Halloran undertakes a comparative analysis of the balance struck among government, charity, and commerce in five leading common law nations, including the United States, Canada, England and Wales, New Zealand, and Australia. He uses analysis of legislation, outcomes of charity law reviews, and recent case law to illustrate jurisdictional differences, and concludes with an assessment of the extent and significance of the recalibrated relationship and considers the overarching issues that arise between charity law and social policy.

How Spanish-language radio has influenced American and Latino discourse on key current affairs issues such as citizenship and immigration. Winner, Book of the Year presented by the American Association of Hispanics in Higher Education Honorable Mention for the 2015 Latino Studies Best Book presented by the Latin American Studies Association The last two decades have produced continued Latino population growth, and marked shifts in both communications and immigration policy. Since the 1990s, Spanish- language radio has dethroned English-language radio stations in major cities across the United States, taking over the number one spot in Los Angeles, Houston, Miami, and New York City. Investigating the cultural and political history of U.S. Spanish-language broadcasts throughout the twentieth century, Sounds of Belonging reveals how these changes have helped Spanish-language radio secure its dominance in the major U.S. radio markets. Bringing together theories on the immigration experience with sound and radio studies, Dolores Ines Casillas documents how Latinos form listening relationships with Spanish-language radio programming. Using a vast array of sources, from print culture and industry journals to sound archives of radio programming, she reflects on institutional growth, the evolution of programming genres, and reception by the radio industry and listeners to map the trajectory of Spanish-language radio, from its grassroots origins to the current corporate-sponsored business it has become. Casillas focuses on Latinos' use of Spanish-language radio to help navigate their immigrant experiences with U.S. institutions, for example in broadcasting discussions about immigration policies while providing anonymity for a legally vulnerable listenership. Sounds of Belonging proposes that debates of citizenship are not always formal personal appeals but a collective experience heard loudly through broadcast radio.

This book is open access under a CC BY 4.0 license. This volume shares new data relating to Climate-Smart Agriculture (CSA), with emphasis on experiences in Eastern and Southern Africa. The book is a collection of research by authors from over 30 institutions, spanning the public and private sectors, with specific knowledge on agricultural development in the region discussed. The material is assembled to answer key questions on the following five topic areas: (1) Climate impacts: What are the most significant current and near future climate risks undermining smallholder livelihoods? (2) Varieties: How can climate-smart varieties be delivered quickly and cost-effectively to smallholders? (3) Farm management: What are key lessons on the contributions from soil and water management to climate risk reduction and how should interventions be prioritized? (4) Value chains: How can climate risks to supply and value chains be reduced? and (5) Scaling up: How can most promising climate risks reduction strategies be quickly scaled up and what are critical success factors? Readers who will be interested in this book include students, policy makers, and researchers studying climate change impacts on agriculture and agricultural sustainability.

Whether or not we ever attain universal social justice, there can be little doubt that the international community has set meaningful standards, and that significant progress has been made over the last century. The leading standard-setter throughout this period has been the International Labour Organisation (ILO), with its nearly 200 conventions on labour law and social security law. Yet it is often asked: how effective are these standards? Do any ILO Member States actually offer (to quote the Philadelphia Declaration of the ILO Conference of 1944) social security measures to provide a basic income to all in need of such protection and comprehensive medical care? Perhaps not, but some come close, thanks to the application of ILO standards. This much-needed volume is the first detailed analysis of the legal meaning of ILO conventions within the ratifying Member States. In unprecedented depth a panel of distinguished authorities explores the role of ILO conventions in preparing and amending national legislation, in parliamentary debate, and in national case law. For comparative purposes, five countries the United Kingdom, France, Germany, Spain, and the Netherlands - are studied in depth. Among the points of discussion that arise are the following: the social dumping that results from distortion of competition; the ILO's supervision procedures; protection of international migrant workers; temporary exceptions for developing countries; and the possibility of modernising texts of older conventions. A useful annex reprints the texts of the ILO Constitution and the so-called up-to-date conventions pertaining to social security which are currently being promoted for ratification by the ILO. At a time when the very meaning of such terms as work and social security is being challenged by prevailing economic and political forces, this full-scale reappraisal of a body of international law that, although soft, has had a pronounced positive effect on the progress of social justice is to be welcomed. It is well worth the close attention of government policymakers and regulators, company lawyers, and interested academics everywhere.

Fierce debate has long loomed over Title IX, the landmark legislation prohibiting sex discrimination in schools, whether in academics or athletics. Since its inception, Title IX has inspired both backlash and backlash-against-backlash commentary. Supporters contend that the legislation is a long overdue measure in securing equal opportunities for girls and women in America's school and university athletics. Opponents argue that Title IX is nothing more than a government-enforced quota system that is damaging men's sports programs. Caught in the middle are the schools that struggle to develop equitable sports programs for male and female athletes. From the hard fought passing of Title IX in 1972 to the most recent debates surrounding compliance, this encyclopedia explores the significant individuals, schools, events, key concepts, controversies, and legal cases revolving around Title IX and its application in collegiate athletics. This encyclopedia, the first of its kind, offers a comprehensive guide to various aspects and wide ranging issues associated with Title IX and sports. With more than 150 in-depth entries, this inclusive and authoritative reference will appeal to students, scholars, and general readers interested in both the historic framework and contemporary implications of Title IX and academic athletics. Sample entries include: A League of Their Own Association for Intercollegiate Athletics for Women v. NCAA (1984) Bonnie Blair Molly "Machine Gun" Bolin California NOW v. Board of Trustees of California State Universities (1993) Commission on Equal Opportunity in Athletics Equity in Athletics Disclosure Act Patsy Mink Ms. Foundation National Women's Football League NationalWrestling Coaches Assocation Pederson v. Louisiana State University (2000) Three Part Test

Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence.