This collection is the multifaceted result of an effort to learn from those who have been educated in an American law school and who then returned to their home countries to apply the lessons of that experience in nations experiencing social, economic, governmental, and legal transition. Written by an international group of scholars and practitioners, this work provides a unique insight into the ways in which legal education impacts the legal system in the recipient's home country, addressing such topics as efforts to influence the current style of legal education in a country and the resistance faced from entrenched senior faculty and the use of U.S. legal education methods in government and private legal practice. This book will be of significant interest not only to legal educators in the United States and internationally, and to administrators of legal education policy and reform, but also to scholars seeking a more in-depth understanding of the connections between legal education and socio-political change.

This book reveals the mechanisms underlying the convergence of car fuel economy regulations in Europe, Japan and the US by drawing upon a constructivist theory of International Relations and law that focuses on business competition and environmental regulations. It offers new understanding of the topic of cars and an issue of climate change, discussing the emerging phenomenon of convergence of fuel economy regulations; addressing the role of business actors in pushing for climate change action; proposing the new model of agency with and beyond states; and providing insightful case studies from Europe, Japan and the US. The opening chapter reviews the automobile industry and global climate change, providing a background for the discussion to follow. Chapter 2, Business Actors and Global Environmental Governance, grounds the discussion in the field of environmental governance. The third chapter is a case study examining the construction and timing of the European Union's climate policies for automobile CO2 emissions, discussing the underlying factors and the actors influencing the policies. The following chapter argues that Japan adopted its stringent fuel economy regulations primarily because of industry competitiveness, motivated by stringent environmental regulations in export markets and encouraged by a tradition of 'co-regulation' and 'corporatism' to enhance the regulations. Chapter 5 asks why the US, the first country to introduce fuel economy regulations, spent two decades in regulatory stagnation, and discusses how recent US fuel economy regulations came to converge with Japanese and European standards. Chapter 6 compares, contrasts and analyzes fuel economy regulations among the three case studies and identifies policy implications for the future climate governance for 2015 and beyond. The final chapter explores applicability of the 'agency with and beyond the state' model to other sectors and to climate governance as a whole.

A thoroughly updated and expanded guide to honing your public policy writing skills-and making a significant impact on the world. Winner of the George Orwell Award by the National Council of Teachers of English Professionals across a variety of disciplines need to write about public policy in a manner that inspires action and genuine change. You may have amazing ideas about how to improve the world, but if you aren't able to communicate these ideas well, they simply won't become a reality. In Public Policy Writing That Matters, communications expert David Chrisinger, who directs the Harris Writing Program at the University of Chicago and worked in the US Government Accountability Office for a decade, argues that public policy writing is most persuasive when it tells clear, concrete stories about people doing things. Combining helpful hints and cautionary tales with writing exercises and excerpts from sample policy analysis, Chrisinger teaches readers to craft concise, story-driven pieces that exceed the stylistic requirements and limitations of traditional policy writing. Aimed at helping students and professionals overcome their default impulses to merely "explain," this book reveals proven tips-tested in the real world and in the classroom-for writing sophisticated policy analysis that is also easy to understand. For anyone interested in planning, organizing, developing, writing, and revising accessible public policy, Chrisinger offers a step-by-step guide that covers everything from the most effective use of data visualization to the best ways to write a sentence, from the ideal moment for adding a compelling anecdote to advice on using facts to strengthen an argument. This second edition addresses the current political climate and touches on policy changes that have occurred since the book was originally published. A vital tool for any policy writer or analyst, Public Policy Writing That Matters is a book for everyone passionate about using writing to effect real and lasting change.

Canadian environmental law is a dynamic and exciting area that is playing an increasingly important role in furthering sustainable development policy. Environmental law has distinctive relevant principles, operating procedures, implications, and importance in comparison with other areas of law, and these distinctions must be appreciated both within the legal community and by all those who are concerned with the way that courts handle environmental cases. Environment in the Courtroom provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominence Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia. No other collection covers these topics so comprehensively. This is an essential reference for all those interested in Canadian environmental law.

Prior to the 1950s, it was remarkably easy for police to arrest people for a wide variety of activities performed in the streets. Throughout the country, vagrancy laws were far-reaching and pervasive. Yet by the end of the 1960s, streets across America hosted both massive political protests and a cultural revolution that reshaped not only the nation's public spaces, but more broadly its public life. For the era or against it, virtually all agreed that America after the 1960s was starkly different than before it. What happened? In Vagrant Nation, Risa Goluboff provides a truly groundbreaking explanation of the transformation. Focusing on Court decisions that loosened vagrancy laws and opened up the streets to Americans in all their variety, she shows how legal change helped fuel highly public social movements advocating everything from civil rights to peace to gay rights to cultural revolution. Indeed, increased access to the streets increased their public presence and thereby social power. The book is a brilliant example of how a seemingly small event -alteratations to the relatively minor crime of vagrancy-can contribute to a social revolution. Not only that, Goluboff powerfully demonstrates how the courts can advance social change-make history, so to speak. The vagrancy laws were that were on the books virtually everywhere in the 1950s served as a catchall device for police forces intent on establishing public order; you could be arrested for everything from causing a disturbance to behaving in a way contrary to the norm-fraternizing with a member of another race, for example, or publically preaching non-mainstream beliefs like communism. Given the very fluid interpretation of vagrancy, police inevitably abused it to the point where they could arrest almost any "nonconforming" person. Once the Supreme Court began invalidating these laws, it opened up public space to any manner of dissenter or nonconformist: hippies, war protestors, civil rights activists, interracial couples, gays, and, of course, vagrants-all the people occupying spaces previously off-limits to them. Goluboff's account is not just a investigation of the relationship between law and social change, however. It is also a ground-up history-from Skid Row to the Supreme Court-of the culture wars between the New Left and New Right. The results of these battles are abundantly evident today in both positive ways-like the increased openness to all in America's public spaces-and negative ways-especially the explosion of homelessness afterward. In sum, she shows that major societal changes can result not only from big waves, but from seeming ripples too.

Students and professional nurses at any level of clinical practice will find this book to be a vital resource on the basic legal concepts and principles of malpractice, liability, and risk management, and their implications for the profession. The book also provides detailed strategies for dealing with these issues. The content is also highly relevant to practitioners in all other health care and legal disciplines that collaborate in the delivery of health care. Issues discussed include the expanding and evolving roles for professional nurses and the concomitant legal accountability and risk for liability, the increasing incidence of nurses named as defendants in malpractice lawsuits, anticipated changes in our health care delivery system, and breakthroughs in science and technology that will present new legal questions. The book also includes material on other important facets of today's nursing practice, including the growing phenomenon of tele-nursing, the essentials of malpractice insurance, and the legal significance of documentation and patients' medical records. It helps the reader identify the nurse at risk for a malpractice suit and the characteristics of the patient likely to sue. The appendices provide information on state laws concerned with access to medical records, a list of useful websites, a list of state boards of nursing, and a glossary of important terms.

The piecemeal developments in product liability reform in Europe have their origins in the tragic association of phocomelia in children with thalidomide in 1962. In many ways these events have continued to generate pressure for reform of product liability, especially for the victims of drug-induced injury. This monograph attempts to address the major problems that typify claims for drug-induced injury, as well as highlighting the complex interrelationship between liability exposure and drug regulation. While medicinal products are subject to strict liability under the product liability directive, the claimant may have considerable difficulty in establishing that the relevant product is defective and that it caused the damage. It may also be necessary to overcome the development risk defence where this is pleaded. The monograph addresses these problems on a comparative jurisprudential basis, and seeks to determine whether medicinal products should be treated as a special case in the field of product liability. It examines the role of epidemiological evidence in assessing causation in product liability cases concerning medicinal products in the light of recent developments in the UK Supreme Court, the United States, Canada and France. In particular, it addresses the difficulties in reconciling the standards of proof in law and science, including the theory that causation can be proved on the balance of probabilities by reference to the doubling of risk of injury. An important case study compares and contrasts the approaches of the UK and the US to the measles, mumps, rubella Litigation. The book also examines the question as to whether compliance with regulatory standards should protect pharmaceutical manufacturers from product liability suits. It seeks to support a via media whereby the victims of drug induced injury can receive justice, while at the same time encouraging drug safety and innovation in drug development.

Tanasescu examines the rights of nature in terms of its constituent parts. Besides offering a thorough theoretical grounding, the book gives a first detailed overview of the actual cases of rights for nature so far. This is the first comprehensive treatment of the rights of nature to date, both analytically and in terms of actual cases.

This book explores the complex package of mechanisms used to identify, record, manage and remediate contaminated land, including the system for allocating liabilities that has been set up by China's contaminated land law and accompanying administrative decrees and environmental standards. Statutory control of soil or land contamination is a comparatively new phenomenon for Chinese lawmakers and researchers. After more than ten years of preparation, China recently adopted its first nationwide contaminated land law-the Law of the People's Republic of China on the Prevention and Control of Soil Contamination, which entered into effect in the beginning of 2019. The law deals exclusively with risk management in connection with soil contamination, and the remediation of contaminated land. This book analyzes various facets of how China is managing the risks associated with soil contamination and remediating contaminated sites by means of legislation. Chapters 1 and 2 reveal the current extent of the soil contamination problem in China and the initial policy responses of the country's central government. In turn, Chapters 3 and 4 address the regulatory frameworks and the latest contaminated land legislation at both the local and national level. Lastly, Chapters 5 through 9 offer concrete recommendations, based on lessons learned in the US and UK, for reforming contaminated land management in China. Overall, the book covers the past, present and future of contaminated land management in China, making it of interest to environmental policymakers, administrators, academics, lawyers and engineers engaged in soil or environmental protection. Further, it offers a source of reliable information for those who want to learn more about China's environmental legislation and contaminated land management policy.

Due to the digitization of medical records, more and more health data is readily available. This dynamic has created many opportunities to unlock this information and use it to improve medical practice, and through research and surveillance understand the effectiveness and side effects of drugs and medical devices to ultimately improve the public's health. This data can also be used for commercial purposes such as sales and marketing. However, this newfound utility raises some profound questions about how this data ought to be used and how it will impact personal privacy. Unless we are able to address these privacy issues in a convincing and defensible way, there will be increased breaches of personal privacy. This will provoke regulators to impose new rules limiting the use and disclosure of health data for secondary purposes, patients increasingly to adopt privacy protective behaviours because they no longer trust how their health information is being managed, or healthcare providers to be reluctant to share their patients' data. By adopting responsible data sharing practices, researchers, companies and the general public can gain the benefits and the promise of big data analytics without sacrificing personal privacy or infringing upon law or regulation. Risky Business - Sharing Health Data While Protecting Privacy illustrates how this goal can be achieved. Bringing articles from a diverse collection of health data experts to inform the reader on contemporary policy, legal and technical issues surrounding health information privacy and data sharing. It is a uniquely practical work to inform the reader on how best - and how not to - share health data in the US and Canada.

The volume gives an overview on how legislators all over the world have come up with different legal solutions for governing genetically modified organisms (GMOs) and food security and provides a compact summary of the existing regulations in this field. In a comparative legal approach, a general report analyses and compares these various national and supranational legal systems. It closely follows the newest developments at the interface between genetic engineering law and food law. The emergence of a new technology usually leads to fundamental questions as to how the law should respond to it. The regulation of genetically modified organisms is a prime example, they have been discussed controversially ever since they were subject of legislation and regulation. In particular, this applies to the use of GMOs in food production. There is a variety of interesting legislations and a differentiated width of legal frameworks on international, supranational (EU) and national level to be found. The different regulations that thereby came to light are evidence of the various opinions and policies the societies and states have developed on this matter. It is this variety of regulations the volume examines, primarily on the basis of national reports that were handed in concerning the topic of genetic technology and food security at the occasion of the XIX International Congress of Comparative Law.

Connected to the jurisprudence surrounding the copyrightability of a factual compilation, this book locates the footprints of the standard envisaged in a US Supreme court decision (Feist) in Europe. In particular, it observes the extent of similarity of such jurisprudence to the standard adopted and deliberated in the European Union. Many a times the reasons behind law making goes unnoticed. The compelling situations and the history existing prior to an enactment helps in understanding the balance that exists in a particular legislation. While looking at the process of enacting the Database Directive (96/9/EC), this book reflects upon the concern that was expressed with the outcome of Feist decision in Europe.

Over the past half century, western democracies have lead efforts to entrench the economic and political values of liberal democracy into the foundations of European and international public order. As this book details, the relationship between the media and the state has been at the heart of those efforts. In that relationship, often framed in constitutional principles, the liberal democratic state has celebrated the liberty to publish information and entertainment content, while also forcefully setting the limits for harmful or offensive expression. It is thus a relationship rooted in the state's need for security, authority, and legitimacy as much as liberalism's powerful arguments for economic and political freedom. In Europe, this long running endeavour has yielded a market based, liberal democratic regional order that has profound consequences for media law and policy in the member states. This book examines the economic and human rights aspects of European media law, which is not only comparatively coherent but also increasingly restrictive, rejecting alternatives that are well within the traditions of liberalism. Parallel efforts in the international sphere have been markedly less successful. In international media law, the division between trade and human rights remains largely unabridged and, in the latter field, liberal democratic concepts of free speech are influential but rarely decisive. In the international sphere states are moreover quick to assert their rights to autonomy. Nonetheless, the current communications revolution has overturned fundamental assumptions about the media and the state around the world, eroding the boundaries between domestic and foreign media as well as mass and personal communication. European and International Media Law sets legal and policy developments in the context of this fast changing, globalized media and communications sector.

This book explores ways in which ideas from America could be used to improve the effectiveness of environmental laws in Britain and throughout Europe. It addresses some of the wider issues which help to decide whether environmental laws are effective or not. The book considers the political context in which environmental laws are made,and the implications for long-term public support of them. It examines the ways in which the law-making processes in Britain and Europe effectively exclude public participation and offers suggestions for ways to change these processes, with examples of American alternatives. It considers the tensions between science - the foundation for much environmental policy - and public opinion. Successful implementation of these laws requires both wide public support and consistent enforcement. Britain has traditionally used criminal law sanctions to enforce its environmental laws. America uses the criminal process more selectively but makes much more effective use of civil and administrative enforcement. The book also examines some of the highly effective approaches to pollution prevention being developed in America, and the implications for environmental regulation of rapidly changing high-technology industries.

"Medical Negligence in Victorian Britain "is the first detailed exploration of the hundreds of charges of neglect against doctors who were contracted to the 'new' poor law after the Poor Law Amendment Act of 1834. The author moves beyond the hyperbole of Victorian public 'scandal' to use medical negligence as a prism through which to view hidden aspects of poor law doctors and their patients. This offers a uniquely grounded perspective, from the day-to-day experience of medical practice - for both doctor and patient - to the context of the medico-political, socio-legal and cultural processes that underpinned the social construction of negligence at this time. The administration of medical care reveals latent failures that were intricately woven into the duties of a medical officer and underscored by the law that governed his workload; however, medical negligence was also a motor for change and a means for permanent officials of the poor law to instil policy in an otherwise contested landscape of localised poor law politics. This book offers a clearly enunciated description of what negligence meant to the Victorians and how they sought to define and deal with negligent care, moving the topic from the sidelines of English welfare history to the centre-stage role it played in Victorian society. Thematically and chronologically arranged in two parts, this important book uses extensive new archive material with a particular focus on the official inquiries into neglect conducted by poor law inspectors. The result is a fresh perspective on the poor laws that has repercussions for wider histories of welfare, medicine and legal medicine.""

Priests of Our Democracy tells of the teachers and professors who battled the anti-communist witch hunt of the 1950s. It traces the political fortunes of academic freedom beginning in the late 19th century, both on campus and in the courts. Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy. The crushing of dissent in the 1950s impoverished political discourse in ways that are still being felt, and First Amendment academic freedom, a product of that period, is in peril today. In compelling terms, this book shows why the issue should matter to everyone.

Historian Ramses Delafontaine presents an engaging examination of a controversial legal practice: the historian as an expert judicial witness. This book focuses on tobacco litigation in the U.S. wherein 50 historians have witnessed in 314 court cases from 1986 to 2014. The author examines the use of historical arguments in court and investigates how a legal context influences historical narratives and discourse in forensic history. Delafontaine asserts that the courtroom is a performative and fact-making theatre. Nonetheless, he argues that the civic responsibility of the historian should not end at the threshold of the courtroom where history and truth hang in the balance. The book is divided into three parts featuring an impressive range of European and American case studies. The first part provides a theoretical framework on the issues which arise when history and law interact. The second part gives a comparative overview of European and American examples of forensic history. This part also reviews U.S. legal rules and case law on expert evidence, as well as extralegal challenges historians face as experts. The third part covers a series of tobacco-related trials. With remunerations as high as hundreds of thousands of dollars and no peer-reviewed publications or communication on the part of the historians hired by the tobacco companies the question arises whether some historians are willing to trade their reputation and that of their university for the benefit of an interested party. The book further provides 50 expert profiles of the historians active in tobacco litigation, lists detailing the manner of the expert's involvement, and West Law references to these cases. This book offers profound and thought-provoking insights on the post-war forensification of history from an interdisciplinary perspective. In this way, Delafontaine makes a stirring call for debate on the contemporary engagement of historians as expert judicial witnesses in U.S. tobacco litigation.

Practical Social Work Law: analysing court cases and inquiries presents legal issues associated with social work in an accessible format. It approaches the law in a way that is less daunting and more engaging by examining actual court cases and public inquiries, and explores the stories of real people and the legal and ethical dilemmas practitioners will face. The text adopts a problem-centred approach to learning by introducing the reader to key aspects of the law through a series of real-life situations; it addresses basic principles regarding the operation of the law and explores the lessons for good practice. Each chapter addresses a specific area of social work law including family breakdown, safeguarding children, youth justice, adults with disabilities, mental health and mental capacity. Landmark cases, cases drawn from the lower courts, tribunals, and ombudsmans decisions are included throughout presenting an accessible account of the application of the law. Practical Social Work Law is an essential text for undergraduate, postgraduate and recently qualified social workers who are wrestling with the complexity of the law and the professional dilemmas it poses for their practice. "This book is unusual for a law book in that it is not only a reference book but also a very readable volume...[It] is set out clearly and provides a sound basis for student social workers new to the law and a refresher for qualified practitioners." Catherine Poulter. RSW. Integrated Community Services. Carmarthenshire County Council

On 1 December 2009 the Treaty of Lisbon entered into force. Although often described as primarily technical, it significantly amended the Treaty on the European Union (TEU) and the old EC Treaty (now the Treaty on the Functioning of the European Union, TFEU). The authors' aim in this book is to explore what the Treaty means for social law and social policy at the European level. The first part of the book on the general framework looks - at a time of financial crisis - for new foundations for Europe's Social market economy, questions the balance between fundamental social rights and economic freedoms, analyses the role of the now binding Charter of Fundamental Rights, maps the potential impact of the horizontal clauses on social policy and addresses the possibilities for social partners to enlarge their role in labour law and industrial relations. The second part, on the social framework of the Treaty, focuses on the development of the Union's competences. In it the authors evaluate the consequences of the new general framework on social competences, analyse the evolution of the principle of subsidiarity and its impact in the new Treaty, look at the coordination of economic policies in the light of fundamental rights, and analyse the adoption in the Treaty of a new architecture for services of general interest.

This book is a practical guide to the international, EC, and UK law applying to the various uses of nuclear energy and radioactive substances. The first edition - published by Sweet and Maxwell in 1997 - was very well received. Given the renaissance of interest in nuclear power in the UK and worldwide, this new, updated, and much expanded second edition is timely. It covers the law relating to the permitting and operation of nuclear power stations, the decommissioning and clean-up of former nuclear facilities, radiological protection, the management of radioactive waste and spent fuel, liability and insurance, and the security and transport of radioactive materials. Readers will find a clear framework explaining the development and application of nuclear law, and how domestic law is based on and influenced by international and European requirements and by its historical context. In the commercial context, the chapters that deal specifically with new construction and decommissioning will be vital reading. Written by Stephen Tromans, one of the leading environmental law experts who has published widely in this field, the book will be of interest to environmental law practitioners, NGO's, and academics.

Based on interviews with key EPA decision makers and an analysis of the public record, this informative case study demonstrates how the contemporary movement for regulatory reform has actually affected the internal organizational politics of a highly visible administrative agency. The volume offers an in-depth look at how a specific agency effort at regulatory reform can be drastically influenced by the machinations of bureaucratic politics. Evidence is offered to support Cook's claim, in contrast to conventional views, that senior political and career leadership has considerable influence over the policy direction of an administrative agency.

The debate over teaching evolution in the public schools remains one of the most emotionally charged controversies in twentieth-century America. This third edition of Edward J. Larson's highly acclaimed study - which ranges from before the Scopes trial of 1925 to the creationism disputes of the 1980's - offers the first comprehensive account of the educational and legal battles errupting from this persistent belief.

This book provides theoretical and practical insights for effective decision making in situations that involve various types of conflict cleavages. Embedding historical analysis, negotiation analysis, political scientific analysis and game theoretical analysis in an integrated analytical framework allows a comprehensive perspective on various dilemmas and self-enforcing dynamics that inhibit decision making. The conceptualization of strategic facilitation highlights the value of leadership, chairmanship and the role of threshold states in facilitating decision making as the global climate change negotiations unfolds.