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Books > Law > Laws of other jurisdictions & general law > Social law
After the Nancy Cruzan case was decided by the Supreme Court in 1990, and ultimately resolved by the Courts of the State of Missouri, the decision to withhold or withdraw life-prolonging nutrition and hydration appeared to many to be as noncontroversial as decisions to refuse respirators or dialysis. Even the Catholic Church held that, although there should be a presumption in favor of providing nutrition and hydration, the patient or the patient's surrogate could overrule this presumption, if either believed the treatment was disproportionate or burdensome. The Schiavo case changed all that. Although the decision to remove Terri Schiavo's nutrition and hydration was made by her husband - her legal surrogate - based on his wife's belief that such treatment was disproportionate, Schiavo's immediate family protested so much that the case took years to resolve. It eventually involved all branches of government at both the state and federal levels. The ethical dilemmas that such cases pose continue to stir great controversy. This in-depth examination of these dilemmas provides information and documentation from many perspectives. The editors have included a foreword by Dr. Jay Wolfson, Terri Schiavo's court-appointed guardian ad litem, as well as Dr. Wolfson's report to Gov. Jeb Bush on the case and Gov. Bush's reply; public statements by President George Bush and Senators David Weldon, Rick Santorum, Tom DeLay, Bill Frist, and Barney Frank; statements by the pope and other representatives of the Catholic Church on this issue; plus much medical and legal background material on both precedents to the Schiavo case and its aftermath, including the results of the autopsy report. For anyone wishing an in-depth understanding of these complex ethical issues, issues many of us will have to confront in our own families, this volume is indispensable.
With a Foreword by Viviane Reding, EU Commissioner for Education and Culture The European Union and Sport: Legal and Policy Documents is the first volume in the T.M.C. Asser Institute series of collections of documents on international sports law containing material on the intergovernmental (interstate) element of international sports law. Previous volumes have dealt with the Statutes and Constitutions of universal sports organizations, their Doping as well as their Arbitral and Disciplinary Rules. The legal and policy texts in the present book are arranged in thematical, alphabetical order and are chronologically subordered per theme. They cover the period since the Walrave judgement in 1974 when the European Court of Justice established that sport is subject to Community law to the extent that it constitutes an economic activity. The book in fact gives a detailed insight into what could be called the 'EU Sport Acquis' for the present and future (candidate) Member States. This acquis has been developed over the years in numerous decisions and policy documents by, in particular, the Council, Commission, European Parliament and Court of Justice. The contents of this book are divided into three parts totalling twenty chapters and covering all themes which the EC/EU has dealt with so far. The General part contains general policy documents such as, for example, the European Model of Sport and the so-called Helsinki Report on Sport. Specific Subjects concern Boycott, Broadcasting (in particular the Television without Frontiers Directive), Community Aid and Sport Funding (for example, the Eurathlon Programme), Competition (central selling of tv rights regarding the UEFA Champions League, the German Bundesliga, the English Premier League, etc., Formula One, World Cup ticketing arrangements, players' agents), Customs, Diplomas (Heylens), Discrimination (Walrave, Dona, Kolpak, and including Women in sport), Doping (Community Support Plan and Pilot Project for Campaigns to Combat Doping in Sport), Education / Youth (European Year of Education through Sport 2004, and documents concerning child protection in sport and trafficking in young footballers), the freedom of establishment to provide services (Deliege) and of movement of workers (Bosman, Lehtonen), the Olympic Games, State Aid, Tax, Tobacco Advertising, Trade Marks (Arsenal/Reed), Vandalism and Violence (football hooliganism) and Miscellanea (Fishing, Horses, Hunting, etc.). The European Union and Sport: Legal and Policy Documents provides an invaluable source of reference for governmental and sports officials, legal practitioners and the academic world. With the increasing public interest in the legal aspects of sports, this collection of documents is a timely and welcome contribution to enhancing the accessibility of basic texts on international sports law and policy.
The last five years saw a significant return of epidemic infectious disease, culminating in COVID-19. In our new post-COVID-19 world, how do we prevent future illnesses by expanding scientific and vaccine diplomacy and cooperation, especially to combat the problems that humans have brought on ourselves? Modern diseases and viruses have been spurred anew by war and conflict as well as shifting poverty, urbanization, climate change, and a new troubling anti-science/anti-vaccination outlook. From such twenty-first-century forces, we have seen declines in previous global health gains, with sharp increases in vaccine-preventable and neglected diseases on the Arabian Peninsula, in Venezuela, in parts of Africa, and even on the Gulf Coast of the United States. In Preventing the Next Pandemic, international vaccine scientist and tropical disease and coronavirus expert Peter J. Hotez, MD, PhD, argues that we can-and must-rely on vaccine diplomacy to address this new world order in disease and global health. Detailing his years in the lab developing new vaccines, Hotez also recounts his travels around the world to shape vaccine partnerships with people in countries both rich and poor in an attempt to head off major health problems. Building on the legacy of Dr. Albert Sabin, who developed the oral polio vaccine with Soviet scientists at the height of the Cold War, he explains how he is still working to refresh and redirect vaccine diplomacy toward neglected and newly emerging diseases. Hotez reveals how-during his Obama-era tenure as the US Science Envoy for the Middle East and North Africa, which coincided with both the rise in these geopolitical forces and climate change-he witnessed tropical infectious diseases and established vaccine partnerships that may still combat them up close. He explores why, since 2015, we've seen the decline of global cooperation and cohesion, to the detriment of those programs that are meant to benefit the most vulnerable people in the world. Unfortunately, Hotez asserts, these negative global events kick off a never-ending loop. Problems in a country may lead to disease outbreaks, but those outbreaks can lead to further problems-such as the impact of coronavirus on China's society and economy, which has been felt around the globe. Zeroing in on the sociopolitical and environmental factors that drive our most controversial and pressing global health concerns, Hotez proposes historically proven methods to soothe fraught international relations while preparing us for a safer, healthier future. He hammers home the importance of public engagement to communicate the urgency of embracing science during troubled times. Touching on a range of disease, from leishmaniasis, schistosomiasis, and Middle East Respiratory Syndrome (MERS) to COVID-19, Preventing the Next Pandemic has always been a timely goal, but it will be even more important in a COVID and post-COVID world.
Patenting Nanomedicines: Legal Aspects, Intellectual Property and Grant Opportunities focusses on the fundamental aspects of Patenting Nanomedicines applied in different Drug Delivery and Targeting Systems . The promoters of new findings in this field of research are numerous and spread worldwide; therefore, managing intellectual property portfolios, and the acquisition and exploitation of new knowledge face several contingency factors. Today, the scientific community is discussing issues of economic outcomes in the field of Nanomedicines. Major concerns include questions as to whether the research groups, academics, industry and other stakeholders should work in unison or independently, if innovation or adaptation of new technology should be prioritized, public versus private research funding, and safeguarding versus sharing knowledge. However, despite its increasing importance for humankind, it is a matter of concern as to whether technological development can really be stimulated by patent protection. An intellectual property strategy should aim to develop a qualitative patent portfolio for continuous learning. This book addresses questions of ethics, socio-political policies and regulatory aspects of novel Nanomedicine-based products which are currently under development for the diagnosis and treatment of different types of diseases. It is divided in two parts Part I is composed of the first 3 chapters, which focus on the fundamentals of legal aspects, emerging threats, advantages and disadvantages of patenting Nanomedicines, whereas Part II collects 12 chapters discussing different types of Nanomedicine-based products, their potential marketing aspects and patent protection. Whenever applied, each chapter offers a list of patents, based on a specific application in drug delivery and targeting. An outstanding team of 53 authors have contributed to this book, which will be of interest to professionals from the field of patent examiners, academics, researchers and scientists, students and other practitioners.
"This book is motivated, to a large extent, by some recent troubling developments in public discourse, namely the developments in information, misinformation and disinformation practices. From the beginning of history, various and diverse means or channels of communication have been used to inform, misinform (unintentionally) and disinform (deliberately). However, in recent decades, the emergence and development of new information and communications technologies (ICT), combined with the ever-increasing digitalisation and globalisation of almost every aspect of modern life, among others, have opened up new and uncharted avenues to that end. This book therefore focuses on disinformation practices occurring with the help of digital media as these practices bring to the fore profound negative ramifications for the functioning of a democratic polity. " - from the Introduction by the editors "It would be pleasant to think that democracies will always wake up to their threats - internal and external - and heal themselves in good time before it is too late. [...] Yet, it is not too late to find public policy solutions which can restore information technologies to their original role of facilitators of democracy rather than their undertakers. But the timeframe is closing and we need these solutions sooner rather than later. This is why the present volume of expert analyses bringing together many academics arrives at just the right time. It aspires to deepen our understanding of the dangers of fake news and disinformation, but also charts well informed and realistic ways ahead. To my mind, it is certainly one of the most comprehensive and useful studies of this topic to date and I recommend it to the general reader as much as to the policy-maker as a reliable guide and mentor." - from the Foreword by Prof. Dr. Jamie Shea, Vesalius College, Brussels
This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.
Kapp's annotated list of 617 titles, in 13 sections, focuses on sources that discuss the `identifiable body of law concerned with personal and institutional relationships, implicated by the delivery of health care for the elderly.' This work is meant for health professionals, attorneys, researchers, educators, and advanced students. The succinct yet informative annotations cover references from January 1, 1980, to August 31, 1987. . . . Highly recommended. Choice Legal questions relating to health care for the elderly have grown increasingly numerous and complex. While these issues have been dealt with extensively by researchers and professional specialists, the literature has grown so vast in the past decade that it is difficult to keep abreast of legal developments. This bibliography is designed to assist practicing health, human services, and legal professionals as well as researchers, teachers, and students in identifying and evaluating information sources that will provide essential guidance on the legal implications of health care for the elderly. Organized in thirteen subject sections, the volume contains more than six-hundred annotated references dealing with institutional regulations and standards of care, disability determinations, decisionmaking for critically ill patients, involuntary commitment, advocacy services for the older health care consumer, and many other topics. Citations consist of books, book chapters, journal articles, and reports published from 1980 onwards. Entries are cross-referenced systematically, and author and subject indexes are provided. This important new reference will be an invaluable working tool for professionals and students who need to understand and deal with some of the most difficult issues in the field of modern health care.
In this analysis of the regulation of art by law,Dr. Kearns has produced an innovative treatise with both practical and jurisprudential implications. He examines the treatment of art within seven distinct traditional legal subjects, namely obscenity law, copyright law, libel law, the public funding of art, the law of charitable trusts, customs law and the law on the movement of national treasures, identifying in each the specialised problems law faces, not least given the lack of a universally acceptable definition of art. Based primarily on English law, the text achieves an added richness by a comparative dimension including French, American and European Union Law. In this way a unitary idea of how law tackles its operation on art is achieved. This is the first monograph on the holistic treatment of art law in the United Kingdom.
This is the first textbook to provide a focused, subject specific guide to planning practice and law. It gives students essential background and contextual information to planning's statutory basis, supported by practical and applied discussion, enabling students with little or no planning law knowledge to engage in the subject and develop the necessary level of understanding required for both professionally accredited and non-accredited qualifications.
Offers a comprehensive overview of the legislation and legal issues surrounding animals. Written by Jordan Curnutt, Animals and the Law covers everything from the Silver Spring monkeys, subjects in the first U.S. lab raided by police where criminal charges were filed against a scientist conducting federally funded research, to sex with animals. Among the subjects reviewed are kosher and Halal food restrictions, mad cow disease and cattle cannibalism, animals in laboratories, and as entertainment-in circuses, zoos, rodeos, horse racing, cockfighting, and more. Also included are appendixes of animal organizations, cases, statutes and regulations, and an extensive bibliography. Includes a list of major animal organizations actively engaged in legal matters on a national level Includes tables of cases, authorities, statutes, and regulations
Science and politics are closely connected in today's global environmental issues. This book focuses on these links in relation to climate change, the threats to wildlife species, and natural hazards and disasters. Close study of these links of these reveals the need for more effective international cooperation and the limits of global governance.
Most Americans had never heard of the Arctic National Wildlife Refuge (ANWR) before the summer of 2008 when gas prices exceeded $4.00 per gallon. At that time, a national cry rang out for relief at the pumps and for increased energy security to prevent such a painful recurrence. ANWR suddenly became a highly contentious issue in the energy debates raging in Congress, eventually spilling over into the presidential campaigns throughout the fall. It was front page news as Congressional delegations and media outlets made the obligatory pilgrimage to Anchorage and points beyond in a half-hearted effort to find truth amid the mounting hype. Yet what was learned from all this activity? What do any of us really know about ANWR that wasn't gleaned from a thirty-second news bite? The sad truth is that most Americans had never seen, and never will see, this remote, majestic corner of northern Alaska. Regrettably, there is no manual with respect to comprehending the issues surrounding ANWR. Current sources run a somewhat limited spectrum from addressing narrow topics in total isolation, to being only mildly informative. More importantly, the information, whether it is derived from energy advocates, environmental organizations, or political analysts, tends to harbor an innate bias. This book is a good faith effort to inform, without bias.
The debate on the future orientation of the EU Common Agricultural Policy (CAP) is increasingly shaped by the role of agriculture in providing public goods, and there is a broad consensus that this approach will be particularly relevant in legitimating the policy intervention in agriculture in the future. In the context of this debate, it is not clear to what extent collective action could be taken into consideration as a valuable alternative to market or state regulation in contributing to the provision of public goods, and to what extent it is possible to design and implement agricultural policies that incorporate a collective and collaborative approach between different stakeholders in rural areas. Through an in depth analysis two case studies in Italy, the book provides insights to both the policy and the theoretical debate on the role of collective action for the public goods associated to agriculture. "
Quality control in pharmaceutical products and medical devices is vital for users as failing to comply with national and international regulations can lead to accidents that could easily be avoided. For this reason, manufacturing a quality medical product will support patient safety. Microbiologists working in both the pharmaceutical and medical device industries face considerable challenges in keeping abreast of the myriad microbiological references available to them and the continuously evolving regulatory requirements. Quality Control Applications in the Pharmaceutical and Medical Device Manufacturing Industry presents the importance of quality control in pharmaceutical products and medical devices, which must have very high-quality standards to not cause problems to the health of patients. It reinforces and updates the knowledge of analytical, instrumental, and biological methods to demonstrate the correct quality control and good manufacturing practice for pharmaceutical products and medical devices. Covering topics such as pharmaceutical nano systems, machine learning, and software validation, this book is an essential resource for managers, engineers, supervisors, pharmacists, chemists, academicians, and researchers.
This book introduces readers to the press release work carried out by China's Ministry of Environmental Protection in 2017. The routine press release work in 2017 was first launched by the Ministry of Environmental Protection (MEP). In 2017, 12 directors of the MEP and three directors of the Environmental Protection Department of the Beijing-Tianjin-Hebei Tribune came together to answer citizens' questions on key social issues such as Environmental Quality Monitoring, Prevention of Air Pollution, Ecosystem Protection, Water Pollution Prevention, Environmental Supervision, Legal Enforcement etc. This book will provide readers with an overview of China's environmental protection policy initiatives, help raise public awareness of the environment, and lay the foundation for all citizens to participate in environmental governance.
Private and governmental insurance systems in the United States have been suffering an ongoing series of crises. Automobile liability insurance, malpractice protection, health insurance, pension plans, and property insurance have been troubled in recent times by such matters as the threat of insolvency, extremely high premiums, lack of availability for many applicants, and discriminatory selling practices. For over a century, private insurance has been heavily regulated. Governmental insurance, particularly social programs such as Social Security and Medicare, also face serious funding and availability problems. These ongoing problems suggest that regulators have not been doing a very effective job. Unhappy consumers are making different demands both on the industry and on regulators. Some call for deregulation in the belief that market forces will make insurance more efficient, available, and affordable. Others insist that governmental regulators, whether legislators, insurance commissioners, or judges, step in and help solve these problems. Regulators, very much a part of the political process, have avoided these controversial areas of difficult choices. Avoidance is no longer an option for regulators. McDowell explores what competing types of regulation, whether market, industrial, or governmental, might be used, what goals regulators are committed to, the different regulatory philosophies of federal and state agencies, whether the problems are caused by under-regulation or over-regulation, and difficulties of enforcement. He discusses in detail these regulatory problems in the fields of automobile liability insurance, health insurance, and the demand of other financial service institutions to compete in the insurance business. Throughout the book, he compares what American regulators are doing with the practices in Canada in order to illuminate problems and possible solutions for American regulators to consider. Finally, he closes with an analysis of whether the emerging trends of internationalization and interdependence of personal and economic spheres, the increase in magnitude of risks, and the increased speed of transactions will require changes in insurance regulation. Insurance regulators and professionals in governmental and private insurance as well as scholars and students of insurance law will be interested in this book. Even consumers who are concerned or angry about the future of their insurance protection will find it valuable.
Traditional means of international dispute settlement have proved to be largely ineffective in ensuring the effectiveness of international environmental law. Thus, states are increasingly creating regime-specific systems to control, facilitate and assist the implementation of and compliance with each multilateral environmental agreement. By bringing together the perspectives of scholars, negotiators and practitioners, this book provides a comprehensive and in-depth analysis of the most advanced of these systems, the so-called "non-compliance mechanisms", in which a specialized treaty body is entrusted with the task of examining cases of non-compliance by State parties. Included are descriptions of each mechanism and an analysis of cross-cutting issues. It also explains how these systems relate to relevant concepts and mechanisms of general international law and, for the first time, of European Union law. The book is a valuable source of information and recommended reading for academics, practitioners, civil servants, NGOs and all those interested in public international law, EC law and environmental law. Tullio Treves is a Judge at the International Tribunal for the Law of the Sea and Professor of International Law at the University of Milan; Laura Pineschi is Professor of International Law at the University of Parma; Attila Tanzi is Professor of International Law at the University of Bologna and Chairperson of the Compliance Committee of the Protocol on Water and Health; Cesare Pitea is Aggregate Professor of International and European Law at the University of Parma; Chiara Ragni is a Senior Researcher in International Law at the University of Milan; and Francesca Romanin Jacur is a Post-doc Researcher in International Law at the University of Milan and Legal Adviser to the Italian Ministry of the Environment, Land and Sea in a project of the University of Siena.
This book offers an extensive study of indigenous communities in the Andaman and Nicobar Islands, India, and their methods of forest conservation, along with an exploration of the impact of forestry operations in the islands and the wide scale damage they have incurred on both the land and the people. Through an in-depth analysis of the contrasting indigenous practices and governmental forestry schemes, the author has compared the modern 'Joint Forest Management' resolution with the ethos and practices of the indigenous people of the Andaman and Nicobar Islands. Throughout the book, readers will learn about the different indigenous communities inhabiting these islands and the treasure of knowledge each of them provide on forest conservation. The book establishes that the notion of knowledge is politicized by the dominant culture in the context of Andaman's forest tribes, and traces how this denial of the existence of indigenous knowledge by government officials has led to reduced forest area in the region. The book also explores and analyses strategies to utilize and conserve the tribes' profound knowledge of the biodiversity of the islands and study their efforts towards forest conservation, protection and rejuvenation.
This book comes after several decades of outstanding and successful research that has helped ameliorate some of the most important and controversial fisheries issues in the world a" those associated with the unwanted wastage of fish from by-catch and discarding. The 8 chapters encompass contributions from 27 of the worlda (TM)s leading experts in by-catch reduction. They take the reader through most aspects of the field at a variety of scales and viewpoints. They examine the methodologies used to develop by-catch reduction techniques and provide new avenues for assisting and broadening such work. Case studies are provided that encompass most of the worlda (TM)s fishing techniques and regions. Solutions developed for the most problematic fishing methods in terms of by-catch, selectivity and habitat damage are examined in significant detail in addition to ways to reduce the by-catch of charismatic species like marine mammals and sea-birds. By-catch reduction in less infamous fishing methods is also examined with chapters on recreational fishing and trapping. The book shows how the lessons learned in reducing by-catch can be applied to ameliorate emerging, broader issues concerning the impacts of fishing on entire ecosystems. Finally, the book examines the most vital phase of by-catch reduction work - its uptake and extension into fishing practices. This book will prove an invaluable tool for any fisheries professional or lay person interested in by-catch reduction or, indeed, anyone trying to resolve a particular by-catch problem in their fishery.
One of the early set of reforms that South Africa embarked on after emerging from apartheid was in the water sector, following a remarkable, consultative process. The policy and legal reforms were comprehensive and covered almost all aspects of water management including revolutionary changes in defining and allocating rights to water, radical reforms in water management and supply institutions, the introduction of the protection of environmental flows, and major shifts in charging for water use and in the provision of free basic water. Over ten years of implementation of these policy and legislative changes mean that valu-able lessons have already been learned and useful experiences gained in the challenge of effective water resources management and water services provision in a middle income country.
How dangerous is someone's job? People from ages 22 through 64 spend roughly 40% of their non-sleeping time at a job where there is considerable potential for exposure to fatal safety and health risks. The purpose of this book is to improve the knowledge and working environment of American workers, by providing an in-depth look at the job hazards in 324 industries and 265 occupations. Human Resource managers, industry trade organizations, corporate CEOs, health care administrators, secondary school counselors, as well as, scholars and upper level college and graduate students in the areas of Human Resources, Management, Health Care Management, Law and Social Environment will find this work extremely useful.
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