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Books > Law > Laws of other jurisdictions & general law > Social law
With the ongoing evolution of the digital society challenging the boundaries of the law, new questions are arising - and new answers being given - even now, almost three decades on from the digital revolution. Written by a panel of legal specialists and edited by experts on EU Internet law, this book provides an overview of the most recent developments affecting the European Internet legal framework, specifically focusing on four current debates. Firstly, it discusses the changes in online copyright law, especially after the enactment of the new directive on the single digital market. Secondly, it analyzes the increasing significance of artificial intelligence in our daily life. The book then addresses emerging issues in EU digital law, exploring out of the box approaches in Internet law. It also presents the last cyber-criminality law trends (offenses, international instrument, behaviors), and discusses the evolution of personal data protection. Lastly, it evaluates the degree of consumer and corporate protection in the digital environment, demonstrating that now, more than ever, EU Internet law is based on a combination of copyright, civil, administrative, criminal, commercial and banking laws.
A major non-technical challenge of space activities is ensuring productive cooperation, communication, and understanding between the engineers who design the mission and the space lawyers who cover its relevant legal aspects. Though both groups usually attain some level of understanding, it is only achieved after many years of experience in the space industry and through repeated contact with topics relevant to their projects. A basic understanding of the most important legal and technical aspects acquired earlier in their careers can facilitate better cooperation and more efficient development of space projects. Promoting Productive Cooperation Between Space Lawyers and Engineers is a pivotal reference source that provides vital insights into basic legal and technical topics and challenges that occur while planning and conducting typical space activities. The book uses high-profile space missions as examples and highlights the major technical aspects of these missions and the legal issues applied to these missions. While highlighting topics such as planetary settlements, policy perspectives, and suborbital spaceflight, this publication is ideally designed for lawyers, engineers, academicians, students, and professionals.
The Clean Air Act of 1970 set out for the United States a basic, yet ambitious, objective to reduce pollution to levels that protect health and welfare. The Act set out state and federal regulations to limit emissions and the Environmental Protection Agency was established to help enforce the regulations. The Act has since had several amendments, notably in 1977 and 1990, and has successfully helped to increase air quality. This book reviews the history of the Clean Air Act of 1970 including the political, business, and scientific elements that went into establishing the Act, emphasizing the importance that scientific evidence played in shaping policy. The analysis then extends to examine the effects of the Act over the past forty years including the Environmental Protection Agency's evolving role and the role of states and industry in shaping and implementing policy. Finally, the book offers best practices to guide allocation of respective government and industry roles to guide sustainable development. The history and analysis of the Clean Air Act presented in this book illustrates the centrality of scientific analysis and technological capacity in driving environmental policy development. It would be useful for policy makers, environmental scientists, and anyone interested in gaining a clearer understand of the interaction of science and policy.
Labour and social security law studies have addressed the topic of the decline of the standard employment relationship mainly from the point of view of the growing number of atypical relationships. Only a limited number of studies have examined the issue from the perspective of the differentiation between core and contingent work. Such an examination is necessary as the increase in contingent work leads to complicated legal questions which vary between European states depending on the type of contingent arrangements that have become most prevalent. This book analyses, using a comparative approach, these different types of contingency from a national and EU perspective touching on the work relationship from a labour as well as a social security point of view. The aim of the book is to identify and analyse those questions adopting an innovative approach and to put forward proposals for safeguarding social cohesion within undertakings and European society.
This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options and solutions that judges have elaborated on. In turn, the book presents a systematic approach, based on a proposed pattern for classifying these various degrees, together with an in-depth analysis of the multi-layered role of jurisdictions and the means available to them for properly handling new legal demands arising in plural societies. The book outlines a model that makes it possible to focus on and address these issues in a sustainable manner, that is, to respond to individual requests and technological advances in the field of biolaw by consistently and effectively applying suitable legal instruments and jurisdictional interpretation.
This book focuses on intellectual property (IP) in the context of product innovation and design-led start-up management. A distinguished feature is that it analyses innovation-related scenarios within their continuously changing contexts. IP is discussed in relation to the way in which its value changes over time as a venture matures. The book reveals how IP strategies can enhance a start-up's survival prospects and its growth potential if they are connected systematically to other business development attributes. Being mainly addressed to enterprising designers, it may also support business administration programmes, innovation hubs, design educators, incubator managers, as well as business coaches and IP attorneys who support creatives and inventors. All in all, this book offers a unique and timely strategic guidance in the field of design and innovation management. "Design and design rights have long been overlooked in the plethora of studies on the links between IPR and innovation. Matthias Hillner's thoughtful and eloquent journey provides a contemporary and meaningful analysis which will no doubt assist governments, economists, academics and designers' better understanding of design in the context of successful business strategies and IPR. Given design's significant contribution to global economies, I am confident it will offer much needed guidance." Dids Macdonald OBE, founder CEO of Anticopying in Design (ACID) "This is an immensely practical book for designers and entrepreneurs who want to understand the issues of IP, product innovation, and business development. With clear explanations, many vivid examples, and strategically useful tips, it will be a valuable resource for creative minds at all levels of experience. A serious book but written with a sensitive touch on how to protect new ideas." Richard Buchanan, Professor of Design, Management, and Innovation, Weatherhead School of Management, Case Western Reserve University
Few constitutional issues have been as contentious in modern times as those concerning school prayer and the public funding of religious schools. But as Steven K. Green surprisingly reveals in The Bible, the School, and the Constitution, the apogee of this debate was probably reached about one hundred and forty years ago, in the years between 1863 and 1876. As Green shows, the controversy over Bible reading in public schools captured national attention to an unprecedented degree, providing Americans with the opportunity to engage in a grand-and sometimes not so grand-public debate over the meaning of separation of church and state. Rarely in the nation's history have people from such various walks of life-Protestants and Catholics, skeptics and theocrats, nativists and immigrants, educators and politicians-been able to participate in a national discussion over the meaning of a constitutional principle. The debates of this period, Green shows, laid the foundation for constitutional arguments that still rage today.
Policies intended to shape student achievement and access at schools and colleges have changed significantly over the past decade. No Child Left Behind, Common Core, Race to the Top, data mining initiatives, Title IX gender equity, Individuals with Disabilities Education Act, Americans with Disabilities Act, and executive actions on immigration illustrate key federal initiatives that have redefined standards, priorities, and practices within educational institutions. Similarly, state policies in terms of school funding, school choice, teacher qualifications, student bullying, and other measures have added another layer of complexity to the education law and policy dialogue particularly when addressing matters of education inequality. These emergent policies beget the question: how have these policies contributed to easing the effects of educational inequality? The purpose of this book is to examine the role of law as potentially countering or impeding desirable education reforms, and it calls on readers to consider how policymakers, lawyers, social scientists, and educators might best alter the course in an effort to advance a more just and less unequal educational system.
This Advanced Introduction provides a clear and accessible guide to the essential elements of environmental compliance and enforcement programs. It examines compliance programs designed to assist regulated entities in meeting their obligations, as well as enforcement tools designed to address non-compliance - such as administrative, civil judicial, and criminal enforcement. Offering an insightful overview of this important area, Lee Paddock highlights recent developments that are changing the way compliance and enforcement work is practiced. Key features include: a review of how the role of criminal enforcement has evolved discussion of traditional compliance monitoring and the role of citizen science examination of the increasing importance of private environmental governance, and the role that government agencies can play in supporting these practices exploration of the need to consider "next generation" and "smart regulation" strategies. This concise and nuanced book will be a key resource for students and scholars of environmental law and politics, criminal law and justice and international policy, as well as environmental enforcement professionals worldwide.
This book provides an in-depth analysis of the unique structure of the Nigerian popular music industry. It explores the dissonance between copyright's thematic support for creative autonomy and the practical ways in which the law allows singer-songwriters' (performing authors') creative autonomy to be subverted in their contractual relationships with record labels. The book establishes the concept of creative autonomy for performing authors as a key criterion for sustainable economic development, and makes innovative legal and policy recommendations to help stakeholders preserve it.
Since Dolly the sheep was born, controversy has swirled around the technology of cloning. We recoil at the prospect of human copies, manufactured men and women, nefarious impersonators and resurrections of the dead. Such reactions have serious legal consequences: lawmakers have banned stem cell research along with the cloning of babies. But what if our minds have been playing tricks on us? What if everything we thought we knew about human cloning is rooted in intuition rather than fact? Human Cloning: Four Fallacies and their Legal Consequences is a rollicking ride through science, psychology and the law. Drawing on sources ranging from science fiction films to the Congressional Record, this book unmasks the role that psychological essentialism has played in bringing about cloning bans. It explains how hidden intuitions have caused conservatives and liberals to act contrary to their own most cherished ideals and values.
This outstanding book focuses on how economics can contribute to the design, implementation and appraisal of legal systems that create the 'right' incentives for environmental protection. The sixteen original and specially commissioned contributions - written by some of the leading names in their field - span many of the important areas of contemporary interest and employ case study material combined with theoretical, empirical and experimental research. The book addresses many topical issues including: the fundamental notions of property rights and social norms; the design and implementation of civil liability regimes; the use of criminal law as an instrument of environmental policy; the role that citizen suits, self-monitoring and self-enforcement could and should play in the implementation of law; the international harmonisation of environmental law; and the treatment of environmental damages in courts. Cutting-edge economic technique is motivated by, and articulates with, real and pressing policy debates. The contributors refer to a range of legal cases and policy decisions, and draw out a host of policy implications and prescriptions for settings as diverse as Superfund reform in the US and the harmonisation of landfill regulations in the European Union. By combining incisive overviews of the latest thinking and results, complemented by original analysis, The Law and Economics of the Environment will appeal to researchers and students of the environment, law and economics, policy practitioners and those with an interest in knowing what constitutes 'good' environmental law.
The low-carbon transition is ongoing everywhere. This Handbook, written by a group of senior and junior scholars from six continents and nineteen countries, explores the legal pathways of decarbonisation in the energy sector. What emerges is a composite picture. There are many roadblocks, but also a lot of legal innovation. The volume distils the legal knowledge which should help move forward the transition. Questions addressed include the differences between the decarbonization strategies of developed and developing countries, the pace of the transition, the management of multi-level governance systems, the pros and cons of different policy instruments, the planning of low-carbon infrastructures, the roles and meanings of energy justice. The Handbook can be drawn upon by legal scholars to compare decarbonisation pathways in several jurisdictions. Non-legal scholars can find information to be included in transition theories and decarbonization scenarios. Policymakers can discover contextual factors that should be taken into account when deciding how to support the transition.
This book details various stages in the introduction, establishment and evolution of China's environmental management system. By combining a literature review, comparative analysis, and case study, it investigates the environmental management system in several key periods in order to systematically assess the necessary measures and appropriate adjustments the Chinese Government implemented to reconcile the growing conflicts between economic development and resources conservation, in the context of rapid economic growth and economic transformation. Given its scope, the book offers a valuable resource for experts, scholars, and government officials in related fields.
This new dictionary makes an important and innovative contribution to the reference literature on the environment. International in scope, it provides up-to-date entries on macro and micro issues in environmental law in both developed and developing countries. Written by an author with both practical experience in the field, and six previous dictionaries to his name, this book adopts non-technical language to improve access to key topics in environmental law. It combines the use of case studies, best practice models, straightforward definitions and clear explanatory boxes. This dictionary will be invaluable to everyone involved with environmental law; including students of law as well as those in engineering and the social sciences. It will also provide essential reference for all official national and international agencies, environmental protection groups and NGOs, plus environment and planning departments at every level.
The risk of athletes sustaining concussion while participating in professional team sports raises two serious concerns both nationally and internationally. First, concussion in sport carries a public health risk, given that injured athletes may have to deal with significant long-term medical complications, with some of the worst cases resulting in Chronic Traumatic Encephalopathy (CTE). Secondly, sports governing bodies are now exposed to the risk of financial and reputational damage as a consequence of legal proceedings being filed against them. A good example of this, among many other recent examples, is the case of the United States of America's National Football League (NFL), the governing body for American football, which, in 2015, committed to pay US$ 1 billion to settle the class action filed by its former professional players. This book examines how to most efficiently reduce these public health and legal risks, and proposes a harmonised solution across sports and legal systems.
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
This collection of essays comprehensively and systematically analyzes the various instruments and innovative approaches through which the EU is forging its external environmental policy, the legal implications of its multifaceted practice and interactions with international environmental law. It explains the legal and institutional framework for EU external action on environmental protection and sustainable development, identifying the changes introduced, and challenges posed, by the Lisbon Treaty. It explores key tools and trends in defining and implementing EU external policy across a broad range of environmental issues, as well as linkages with trade and human rights. It also assesses the reciprocal influences between the development and implementation of EU environmental law and of international environmental law.
"The Law of Emergencies" introduces the American legal system as it
interacts with emergency management and public health issues.
Hunter engages with and debates some of the most important
Constitutional issues of our time, such as the tension between
civil liberties and national security. She also shows how the law
in this area plays out in the context of real life emergencies
where individuals often have to make split-second decisions.
From the creators of the UK's bestselling Law Express revision series. Maximise your marks for every answer you write with Law Express Question and Answer. This series is designed to help you understand what examiners are looking for, focus on the question being asked and make even a strong answer stand out.
In the last twenty years the biofuels industry has developed rapidly in many regions of the world. This timely book provides an in-depth and critical study of the law and policies in many of the key biofuels producing countries, such as Brazil, China and the US, as well as the EU, and a number of other countries where this industry is quickly developing. Drawing on a range of disciplines, the contributors examine the roles of the public and private sectors in the governance of biofuels. They discuss topics such as sustainability and biofuels, and provide a critical review of regulatory regimes for biofuels. They conclude by proposing recommendations for more effective and efficient biofuel policies. Academics working in the area of renewable energy and students in environmental law will find this book to be of interest. It will also be of use to policy makers around the world looking to learn from various existing regimes. Contributors: G. Berndes, M. Brandao, A. Cowie, A. Cowie, K.S. Dahmann, J. De Beer, O. Englund, L.B. Fowler, A. Genest, L. Guo, M.-H. Labrie, Y. Le Bouthillier, E. Le Gal, O.J. Lim Tung, W.E. Mabee, F. Maes, L.D. Malo, M. Mansoor, P. Martin, H. Mcleod-Kilmurray, M.J.F. Montefrio, B.E. Olsen, R.O. Owino, P. Pereira De Andrade, M. Powers, A. Ronne, P.M. Smith, T. Smith, S. Soimakallio, I. Stupak, V.M. Tafur, A.R. Taylor
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) |
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