As most Americans know, conflicts of interest riddle the US health care system. They result from physicians practicing medicine as entrepreneurs, from physicians' ties to pharma, and from investor-owned firms and insurers' influence over physicians' medial choices. These conflicts raise questions about physicians' loyalty to their patients and their professional and economic independence. The consequences of such conflicts of interest are often devastating for the patients--and society--stuck in the middle.
In Conflicts of Interest and the Future of Medicine, Marc Rodwin examines the development of these conflicts in the US, France, and Japan. He shows that national differences in the organization of medical practice and the interplay of organized medicine, the market, and the state give rise to variations in the type and prevalence of such conflicts. He then analyzes the strategies that each nation employs to cope with them.
Unfortunately, many proposals to address physicians' conflicts of interest do not offer solutions that stick. But drawing on the experiences of these three nations, Rodwin demonstrates that we can mitigate these problems with carefully planned reform and regulation. He examines a range of measures that can be taken in the private and public sector to preserve medical professionalism--and concludes that there just might be more than one prescription to this seemingly incurable malady.

It has long been a fundamental norm of civilized legal systems that the administration of justice is conducted in full view of the public. In this topical new study, Joseph Jaconelli explores these issues and offers a critical examination of the reasons why justice is required to be carried out in the open, the values served by open justice, and the tensions that exist between it and the pressures of modern, mass media.

This book examines an area of personal injuries law that has been largely neglected by other writers, but which is of vital importance in practical terms when establishing quantum of damages for personal injuries. It provides detailed coverage of the law as it works in practice, but also important insights into the underlying legal principles and policy. There is comprehensive analysis of the rules relating to the deduction of social security benefits, including the Social Security (Recovery of Benefits) Act 1997 and the new rules concerning recovery of NHS costs from insurers. The book also explains in detail how the deduction of private insurance payments, gifts and charitable payments, benefits relating to employment, benefits related to the cost of care, and benefits accruing to dependants all impact upon the awards made by the Courts.

Equality is an ideal to which we all aspire. Yet the more closely we examine it, the more its meaning shifts. How do we explain how equal treatment can in effect lead to inequality, while unequal treatment might be necessary in order to achieve equality? The apparent paradox can be understood if we accept that equality can be formulated in different ways, depending on which underlying conception is chosen. In this highly readable yet challenging book, Sandra Fredman examines the ways in which discrimination law addresses these questions.
The new edition retains the format of the highly successful first edition, while incorporating the many new developments in discrimination law since 2002, including the Equality Act 2010, human rights law, and EU law. By using a thematic approach, the book illuminates the major issues in discrimination law, while at the same time imparting a detailed understanding of the legal provisions. The comparative approach is particularly helpful; by examining comparable law in the US, India, Canada, and South Africa, as well as the UK, the book exposes common problems and canvasses differing solutions. As in the previous edition, the book locates discrimination in its wider social and historical context. Drawing on the author's wide experience of equality law in many jurisdictions, she creates an analytic framework to assess the substantive law.
The book is a thought-provoking and accessible overview of the way in which equality law has adjusted to new and increasingly complex challenges. It concludes that progress has been evident, but uneven. Those dedicated to equality still face an exacting, but ultimately deeply rewarding, task.

In 1973, a group of California lawyers formed a non-profit, public-interest legal foundation dedicated to defending conservative principles in court. Calling themselves the Pacific Legal Foundation, they declared war on the U.S. regulatory state-the sets of rules, legal precedents, and bureaucratic processes that govern the way Americans do business. Believing that the growing size and complexity of government regulations threatened U.S. economy and infringed on property rights, Pacific Legal Foundation began to file a series of lawsuits challenging the government's power to plan the use of private land or protect environmental qualities. By the end of the decade, they had been joined in this effort by spin-off legal foundations across the country. The Other Rights Revolution explains how a little-known collection of lawyers and politicians-with some help from angry property owners and bulldozer-driving Sagebrush Rebels-tried to bring liberal government to heel in the final decades of the twentieth century. Decker demonstrates how legal and constitutional battles over property rights, preservation, and the environment helped to shape the political ideas and policy agendas of modern conservatism. By uncovering the history-including the regionally distinctive experiences of the American West-behind the conservative mobilization in the courts, Decker offers a new interpretation of the Reagan-era right.

There is much controversy about the dangers of a free media when it comes to children and adolescents. Many believe that this constitutional right should be amended, altered, or revoked entirely to prevent the young from being negatively influenced. Graphic violence, sexual content, and the depiction of cigarette smoking have all come under fire as being unacceptable in media that is geared toward adolescents, from television and movies to magazines and advertising. Yet not much has been written about the developmental science behind these ideas, and what effects a free media really has on adolescents.
This book presents a synthesis of all current knowledge about the developmental effects of a free media on adolescents. Levesque first presents a full analysis of research studies into the media's effects on adolescents in four key areas: sexuality, violence, smoking, and body image. All findings are assessed within the context of normal adolescent development. Levesque then discusses how this knowledge can be used to inform current standards for the regulation of free speech with regard to adolescents. Both legal restrictions and less formal regulatory bodies (schools, parent groups, etc.) are reviewed to present a full picture of the ways in which a free media is constrained to protect adolescent's development.

Law Clinics and the Clinical Law Movement in South Africa provides guidelines to assist clinicians and universities with the development of the clinical legal education curriculum, teaching methodology and the administration of a university-based law clinic. The manual was developed from contributions taken from papers and presentations given by clinicians attending workshops of the South African University Law Clinics Association (SAULCA). The book offers a wide range of guidance on many components of clinical legal education, including integrating clinical legal education with the requirements of higher education and the legal profession, setting goals and objectives for a clinical legal education programme, and an examination of the basic principles of teaching and learning as well as assessment. It also focuses on the different methods of teaching and learning, such as lecturing, supervision, legal research and mediation. The teaching portfolio covers in detail many subjects, including client communications, drafting and civil trial advocacy. The manual pays attention to the day-to-day administration of a university-based law clinic with practical support on financial and office management as well as accreditation. The unique feature of this manual is that the material covered in many sections offers practical advice and examples which will be of benefit to newly appointed law clinicians. The manual adheres to SAULCA's vision, mission and objectives, and in collaboration with its member university law clinics, SAULCA continues to investigate and explore new methods and processes which aim to improve clinical legal education and access to justice.

How is it that, half a century after Brown v. Board of Education, educational opportunities remain so unequal for black and white students, not to mention poor and wealthy ones?
In his important new book, Five Miles Away, A World Apart, James E. Ryan answers this question by tracing the fortunes of two schools in Richmond, Virginia--one in the city and the other in the suburbs. Ryan shows how court rulings in the 1970s, limiting the scope of desegregation, laid the groundwork for the sharp disparities between urban and suburban public schools that persist to this day. The Supreme Court, in accord with the wishes of the Nixon administration, allowed the suburbs to lock nonresidents out of their school systems. City schools, whose student bodies were becoming increasingly poor and black, simply received more funding, a measure that has proven largely ineffective, while the independence (and superiority) of suburban schools remained sacrosanct. Weaving together court opinions, social science research, and compelling interviews with students, teachers, and principals, Ryan explains why all the major education reforms since the 1970s--including school finance litigation, school choice, and the No Child Left Behind Act--have failed to bridge the gap between urban and suburban schools and have unintentionally entrenched segregation by race and class. As long as that segregation continues, Ryan forcefully argues, so too will educational inequality. Ryan closes by suggesting innovative ways to promote school integration, which would take advantage of unprecedented demographic shifts and an embrace of diversity among young adults.
Exhaustively researched and elegantly written by one of the nation's leading education law scholars, Five Miles Away, A World Apart ties together, like no other book, a half-century's worth of education law and politics into a coherent, if disturbing, whole. It will be of interest to anyone who has ever wondered why our schools are so unequal and whether there is anything to be done about it.

This book examines sexual contact and abuse from a purely scientific and medical perspective.

The book covers:

• the recently updated and relevant legislation
• the sexual biology (anatomy and physiology) of the body, especially related to understanding medical aspects of injury and sexual contact, how and when injuries are caused, and how these relate to findings and their consequences
• the critical aspects of medical forensic examinations including incident history, clinical examination technique, medical findings, evidence collection, special laboratory investigations and medical reports for court

The cadre of forensic nursing as a professional scope of nursing has recently been accepted by the Nursing Council and is now beginning to emerge, and legally in this country such nurses are now allowed to examine sexual abuse cases, issue reports and give testimony provided they undergo an accredited training programme in sexual abuse medicine. In addition, medical and legal professionals need to understand, interpret, and present sexual medical evidence appropriately in sexual offences cases.

This book will serve as a ready reference for the understanding and interpretation of the sexual biology and medicine, both in the medical practitioner’s consulting room and the courtroom.

Refugee Law in South Africa cutlines the existing law relating to refugees as reflected in South African legislation and its growing body of refugee law jurisprudence as at 2022, while also paying heed to relevant international law, which remains central to today’s regime of international refugee protection and international jurisprudence.

The topics covered in Refugee Law in South Africa include a detailed analysis of the refugee definition in South African law, the process of applying for refugee status determination, and the rights of refugees and asylum seekers.

The book examines how immigration law and refugee law in South Africa can be reconciled and concludes with durable solutions for refugees in South Africa.

This book is a journey through the arts and green architecture and the history of architecture, spirituality both Christian and eastern philosophy and poetry.

Aspects of education law provides a comprehensive description and analysis of the laws that currently inform, prescribe and influence the activities of educators and education managers, whether on the sports fields or in the boardroom, at the blackboard or behind a desk. This fourth edition of Aspects of education law places emphasis on the legal aspects that pertain to learner misconduct in South African schools, with extended chapters on human rights and school governance, and has been thoroughly updated in terms of new legislation and case law. It includes discussions of the position of the child as legal subject, the educator's duty of care and the administrative aspects of school management.

Courts, Codes, and Custom addresses the question of why some states recognize and comply with international human rights and environmental law, while others do not. To address this question, Dana Zartner has developed a novel cultural-institutional theory to explain the manner in which a state's domestic legal tradition shapes policy through the process of internalization. A state's legal tradition-the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process-is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. Legal tradition shapes not only perceptions about law, but also provides the lens through which policy-makers view state interests, directly and indirectly influencing state policy. The book disaggregates the concept of legal tradition and examines how the individual cultural and institutional characteristics present within a state's domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. In turn it explains both the differences in international law recognition across legal traditions, as well as the variance among states within legal traditions. To test this theory Zartner compares case studies within five of the main legal traditions in the world today: common law (U.S. and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). She addresses the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.

Can your employer require you to travel to India for a hip replacement as a condition of insurance coverage? If injury results, can you sue the doctor, hospital or insurer for medical malpractice in the country where you live? Can a country prohibit its citizens from helping a relative travel to Switzerland for assisted suicide? What about travel for abortion? In Patients with Passports, I. Glenn Cohen tackles these important questions, and provides the first comprehensive legal and ethical analysis of medical tourism. Medical tourism is a growing multi-billion dollar industry involving millions of patients who travel abroad each year to get health care. Some seek legitimate services like hip replacements and travel to avoid queues, save money, or because their insurer has given them an incentive to do so. Others seek to circumvent prohibitions on accessing services at home and go abroad to receive abortions, assisted suicide, commercial surrogacy, or experimental stem cell treatments. In this book, author I. Glenn Cohen focuses on patients traveling for cardiac bypass and other legal services to places like India, Thailand, and Mexico, and analyzes issues of quality of care, disease transmission, liability, private and public health insurance, and the effects of this trade on foreign health care systems. He goes on to examine medical tourism for services illegal in the patient's home country, such as organ purchase, abortion, assisted suicide, fertility services, and experimental stem cell treatments. Here, Cohen examines issues such as extraterritorial criminalization, exploitation, immigration, and the protection of children. Through compelling narratives, expert data, and industry explanations Patients with Passports enables the reader to connect with the most prevalent legal and ethical issues facing medical tourism today.

Dr. Scott W. Atlas examines the status of US health care under the Affordable Care Act and presents key reforms to meet the nation's significant health care challenges. Updated for 2020, the revised edition includes the facts about single-payer systems and the implications of Medicare for All proposals. Atlas's six-point incentive-based plan instills market-based competition, empowers consumers, and reduces government authority over health care. These reforms lower costs, stimulate innovation, and broaden access to quality care.

A collection of important essays on the health and well-being of African Americans in the southern United States. For African Americans in the southern United States, the social determinants of health are influenced by a unique history that encompasses hundreds of years of slavery, injustices during the Jim Crow era, the Great Migration, the civil rights era, and contemporary experiences like the Black Lives Matter movement. In Black Health in the South, editors Steven S. Coughlin, Lovoria B. Williams, and Tabia Henry Akintobi bring together essays on this important subject from top public health experts. Black activists, physicians, and communities continue to battle inequities and structural problems that include poverty, inadequate access to health care, incarceration, a lack of transportation, and food insecurity. As the result of redlining and other historical and contemporary injustices, African Americans are less likely to own a home or to have equity, which places them in danger of financial ruin if they experience an illness such as a heart attack, stroke, or cancer, for which they are often at greater risk due to many social and environmental factors. At the same time, African American communities display many strengths and are often very resilient against these structural inequities. The use of community coalitions is a valuable approach for addressing health disparities in African American communities, and improving the cultural competence of health care providers further reduces the effects of health disparities. With essays spanning topics from culturally appropriate health care to faith-based interventions and the role of research networks in addressing disparities, this collection is pivotal for understanding the health of African Americans in the South. Public health scholars have examined racial disparities in health in the United States broadly and in specific cities, but this is the first edited collection to focus on African Americans in the South both as a whole and as a distinct population.

This volume considers the important and timely question of criminal justice as a method of addressing state violence committed by non-democratic regimes. The book's main objectives concern a fresh, contemporary, and critical analysis of transitional criminal justice as a concept and its related measures, beginning with the initiatives that have been put in place with the fall of the Communist regimes in Europe in 1989.The project argues for rethinking and revisiting filters that scholars use to interpret main issues of transitional criminal justice, such as: the relationship between judicial accountability, democratisation and politics in transitional societies; the role of successor trials in rewriting history; the interaction between domestic and international actors and specific initiatives in shaping transitional justice; and the paradox of time in enhancing accountability for human rights violations. In order to accomplish this, the volume considers cases of domestic accountability in the post-1989 era, from different geographical areas, such as Europe, Asia and Africa, in relation to key events from various periods of time. In this way the approach, which investigates space and time-lines in key examples, also takes into account a longitudinal study of transitional criminal justice itself.

With significant changes to public funding and the rise of litigants in person, many practitioners are looking to provide services on a 'pay as you go' or 'fixed fee' basis for discrete or separate pieces of work. 'Unbundling' is an approach whereby the solicitor and client agree which parts of the process the client can undertake without assistance, and which parts they will require some input from a solicitor. This approach is growing in the area of family law. This toolkit provides a suite of tools to assist family solicitors considering unbundling work and new methods of pricing while pointing out the potential risks and how to minimize them. Practical and concise, it contains useful templates and checklists for solicitors wishing to offer unbundled services as a more affordable alternative to the traditional retainer and hourly rates pricing strategy.

Medical Device Regulation provides the current FDA-CDRH thinking on the regulation of medical devices. This book offers information on how devices meet criteria for being a medical device, which agencies regulate medical devices, how policies regarding regulation affect the market, rules regarding marketing, and laws and standards that govern testing. This practical, well-structured reference tool helps medical device manufacturers both in and out of the United States with premarket application and meeting complex FDA regulatory requirements. The book delivers a comprehensive overview of the field from an author with expertise in regulatory affairs and commercialization of medical devices.

Wild Law weaves politics, legal theory, quantum physics and ancient wisdom into a fascinating and inspiring story about how to rediscover a viable role for the human species within the Earth community.

This title has been seminal in inspiring the global movement to recognise rights for Nature - a movement destined to shape the 21st Century as significantly as the human rights movements shaped the 20th Century. Wild Law reveals how the governance systems of contemporary civilisations legitimise and promote the disastrous exploitation and destruction of Earth and why an Earth-centred approach is essential to address climate change and the accelerating degradation of the ecological systems on which we depend. Cormac Cullinan explains how to begin transforming industrialized societies to ensure that the pursuit of human wellbeing enhances the beauty, health and diversity of Earth instead of diminishing it.

This edition includes a new preface, postscript and the Universal Declaration of the Rights of Mother Earth proclaimed on 22nd April 2010 by the People's World Conference on Climate Change and the Rights of Mother Earth.

Experiences of the struggle for housing, ignited by the lack of social and affordable housing, have led to the establishing of shared and self-managed housing areas. In such a context, it becomes crucially important to re-think the need to define common urban worlds "from below". Here, Penny Travlou and Stavros Stavridis trace contemporary practices of urban commoning through which people re-define housing economies. Connecting to a rich literature on the importance of commons and of practices of commoning for the creation of emancipated societies, the authors discuss whether housing struggles and co-habitation experiences may contribute in crucial ways to the development of a commoning culture. The authors explore a variety of urban contexts through global case studies from across the Global North and South, in search of concrete examples that illustrate the potentialities of urban commoning.