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Books > Law > Laws of other jurisdictions & general law > Social law
The European Commission has claimed that 'Solidarity is part of how
European society works...'. But how are we to understand
solidarity, and what are its implications to Government policy?
Promoting Solidarity in the European Union addresses the question
of what solidarity might mean today and its relevance to the
purposes of the European Union and the way it functions. Is
solidarity just a slogan or can it have meaningful legal and policy
content? This book brings together contributions from leading
scholars in law, politics and sociology to discuss an idea that is
coming under fresh scrutiny at a time when the EU's direction
following the implementation of the Lisbon Treaty is hotly debated.
The authors engage with both the content and limitations of
solidarity as a concept in political and legal debate, and its
application to specific fields such as migration, education and
pensions policies.
Legal Guide for Police: Constitutional Issues, 12th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.
This handbook brings together a variety of approaches to the uses of big data in multiple fields, primarily science, medicine, and business. This single resource features contributions from researchers around the world from a variety of fields, where they share their findings and experience. This book is intended to help spur further innovation in big data. The research is presented in a way that allows readers, regardless of their field of study, to learn from how applications have proven successful and how similar applications could be used in their own field. Contributions stem from researchers in fields such as physics, biology, energy, healthcare, and business. The contributors also discuss important topics such as fraud detection, privacy implications, legal perspectives, and ethical handling of big data.
It is important for anybody involved in sport and physical recreation to be aware of the legal context in which their activity takes place, to develop an understanding of their legal responsibilities and to know what might happen if something goes wrong. Sport, Physical Recreation and the Law is the first textbook on this difficult subject for students and practitioners in sport and physical recreation. Covering a wide range of legal principles and cases, this textbook introduces the reader to legal systems, terminology, databases and the use of case law. Designed to encourage analysis, reflection and the application of examples and ideas from the reader's own experience, the book clearly and comprehensively explains key topics such as: socio-legal aspects of sports violence and criminal liability negligence and defences against negligence manslaughter by individuals and organizations in sport principles of natural justice, disciplinary tribunals and doping discrimination, harassment and child protection risk management, statutory duties, and breaches of health and safety criminal liability - recognized sports, hazing, and cage fighting. Including over 300 exercises, hypothetical scenarios, investigative tasks and seminar activities, this book is an essential course text for all students of sport, recreation and the law, and an invaluable reference for coaches, physical education teachers and those who play, lead or organize sport and physical recreation.
Uncertain Risks Regulated compares various models of risk regulation in order to understand how these systems shape the relationship between law and science, and how they attempt to overcome public distrust in science-based decision-making. The book contributes to the ongoing debate relating to uncertainty and risks - and the difficulties faced by the European Union in particular - in regulating theses issues, taking account of both national and international constraints. The term 'uncertain risk' is comparable with notions of hazard and indeterminate risk, as deployed within the social sciences; but it also aims to capture the modern regulatory reality that a non-quantifiable hazard must still be addressed by society, law and its regulators. Decisions must be taken in the face of uncertainty. And, whilst it is not possible to provide clear cut models of risk regulation, in focusing on regulatory practices at a national, EU and international level, the contributors to this volume aim to use fact finding as a core instrument of learning for risk regulation.
This collection presents a summary of current knowledge regarding autistic suspects, defendants and offenders in the criminal justice system of England and Wales. The volume examines the interaction between each stage of the criminal justice process and autistic individuals accused or convicted of crime, considering the problems, strengths, and possibilities for improving the system to better accommodate the needs of this vulnerable category of neurodiverse individuals. By explicating the core issues in this important but disparate area of study in a single place, the collection facilitates understanding of and engagement with knowledge for a wider audience of relevant stakeholders, including criminal justice practitioners, policy makers, academics and clinicians. It also incorporates key recommendations for improvement, thereby clarifying the urgent need for substantive change in policies and practices. The ultimate goal is to both improve the treatment and experience of autistic people subjected to criminal justice processes; and produce fairer, more appropriate systemic outcomes. While focused on the criminal justice system of England and Wales, the work will be valuable for researchers and policy-makers working in similar systems, as well as those interested in neurodiversity more generally.
Demonstrating that animal cruelty behaviours are another form of antisocial behaviour, alongside human aggression and violence, and almost without exception are carried out by the same individuals, this book offers clear recommendations for future research on animal cruelty and future action aimed at prevention.
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.
Analyzing the level of claims for clinical negligence in the light of the most recent trends and discovering whether there is indeed a litigation crisis in healthcare, this book is a topical and compelling exploration of healthcare and doctor-patient relationships. The author:
Covering the topics of medicine and the media and the causes of occupational stress among doctors, this volume is a must read for all students of medical law and medical ethics.
aI learned a great deal, even though I thought I had known or read
all these cases. I was wrong. Valencia has corrected this record in
an authoritative fashion that has set the bar for the rest of us.a
In 1925 Adolfo aBabea Romo, a Mexican American rancher in Tempe, Arizona, filed suit against his school district on behalf of his four young children, who were forced to attend a markedly low-quality segregated school, and won. But "Romo v. Laird" was just the beginning. Some sources rank Mexican Americans as one of the most poorly educated ethnic groups in the United States. Chicano Students and the Courts is a comprehensive look at this communityas long-standing legal struggle for better schools and educational equality. Through the lens of critical race theory, Valencia details why and how Mexican American parents and their children have been forced to resort to legal action. Chicano Students and the Courts engages the many areas that have spurred Mexican Americans to legal battle, including school segregation, financing, special education, bilingual education, school closures, undocumented students, higher education financing, and high-stakes testing, ultimately situating these legal efforts in the broader scope of the Mexican American communityas overall struggle for the right to an equal education. Extensively researched, and written by an author with first-hand experience in the courtroom as an expert witness in Mexican American education cases, this volume is the first to provide an in-depth understanding of the intersection of litigation and education vis-A -vis Mexican Americans.
Mitigation will not be sufficient for us to avoid climate change and we will need to adapt to its consequences. This book targets the development of adaptation policy in European countries with different relations between central and regional/local government.
This book focuses on animal laws and animal welfare in major jurisdictions in the world, including the more developed legal regimes for animal protection of the US, UK, Australia, the EU and Israel, and the regulatory regimes still developing in China, South Africa, and Brazil. It offers in-depth analyses and discussions of topical and important issues in animal laws and animal welfare, and provides a comprehensive and comparative snapshot of some of the most important countries in the world in terms of animal population and worsening animal cruelty. Among the issues discussed are international law topics that relate to animals, including the latest WTO ruling on seal products and the EU ban, the Blackfish story and US law for cetaceans, the wildlife trafficking and crimes related to Africa and China, and historical and current animal protection laws in the UK and Australia. Bringing together the disciplines of animal law and animal welfare science as well as ethics and criminology with contributions from some of the most prominent animal welfare scientists and animal law scholars in the world, the book considers the strengths and failings of existing animal protection law in different parts of the world. In doing so it draws more attention to animal protection as a moral and legal imperative and to crimes against animals as a serious crime.
The conservation of biodiversity is now big business. Whether called conservation banking, species banking, habitat banking, biodiversity banking, biodiversity offsets, compensatory mitigation or ecological footprint offsetting, the idea of financially valuing biodiversity and using the market and businesses to promote conservation is growing rapidly. This handbook is an essential and comprehensive guide to conservation banking explaining what it is, and how it works. The book covers the origins of conservation banking, the pros and cons of this approach to conservation, how conservation banking works in reality, the legal, practical and financial aspects of setting up and running a conservation bank and how 'biodiversity off-sets' can be internationalized. Authored by leading experts in the field of ecosystem markets, the book provides practical guidance, tools, case studies, analysis and insights into conservation banking in the United States, its 'biodiversity banking' namesake in Australia and other similar approaches internationally.
The information provided in this book aims to provide a starting point for foreign investors in their investigation of the environmental regulations and the related social priorities which will have an increasing impact on their investment decisions and strategies. Lawyers from Austria, Australia, Belgium, Canada, Denmark, England, Finland, France, Germany, Greece, Ireland, Italy, Norway, Portugal, Spain, Sweden, Switzerland, The Netherlands, and the United States have combined to provide this analytical overview of the regulatory schemes and major environmental issues in their respective jurisdictions. A separate chapter is included on the rules of the EC.
This book explores the role of law and policy in circular economy transitions and their impacts on justice, including on distributional equity and recognition and procedural rights, especially for people already marginalised under the current dominant economic system. Amid increasing demand for virgin raw materials, and unsustainable consumption and waste disposal that are driving the global ecological and climate crisis, there are growing calls to urgently transition to circular economies. Despite an increasing number of circular approaches being adopted, implemented, and integrated in national and local laws and policies, the number of commercially successful business stories remains isolated. Moreover, questions about whether circular economy laws and policies are delivering fair and just global outcomes need to be addressed. This book examines this significant knowledge gap to understand legal experiences, including justice and equity issues in the global context, so that these can inform wider design and implementation. The book begins by explaining the concept of a circular economy and its context within wider issues of sustainable development and justice. The first part of the book then examines the legal context of the circular economy by analysing legal forms in practice and those recommended in wider scholarship before considering how these could impact on existing inequity and injustices globally. The second part delivers an empirical understanding of the implications of the law on circular economy approaches and the global equity and justice dimensions through two case studies on solid waste management and forestry. The final part addresses legal opportunities and challenges for wider implementation of circular economy approaches that incorporate justice into its framing. This book will be of great interest to students, scholars, and practitioners of environmental and natural resource law and policy, circular economy, industrial ecology, natural resource management, and sustainable development more broadly.
Much construction work is done by sub--contractors, particularly the so--called domestic sub--contractors, appointed by the main contractor. The former usually work under the standard sub--contract DOM/1 for use with JCT 80, or DOM/2 for use with JCT 81----where there is contract design. Unfortunately, many sub--contractorsa rights are often abused because they have little or no understanding of their rights and obligations under the new contracts. Written by an experienced quantity surveyor, this new book provides a clause--by--clause summary of these important principles.
More than 2.6 billion people in the developing world lack access to safe water and sanitation service. The Millennium Development Goal's (MDG) target is to halve the number of people without access to a sustainable source of water supply and connection to a sewer network by 2015. That target is unlikely to be met. If there is anything that can be learnt from European experience it is that institutional reform occurs incrementally when politically enfranchised urban populations perceive a threat to their material well-being due to contamination of water sources.
The metaverse seems to be on everybody's lips - and yet, very few people can actually explain what it means or why it is important. This book aims to fill the gap from an interdisciplinary perspective informed by law and media and communications studies. Going beyond the optimism emanating from technology companies and venture capitalists, the authors critically evaluate the antecedents and the building blocks of the metaverse, the design and regulatory challenges that need to be solved, and commercial opportunities that are yet to be fully realised. While the metaverse is poised to open new possibilities and perspectives, it will also be a dangerous place - one ripe with threats ranging from disinformation to intellectual property theft to sexual harassment. Hence, the book also offers a useful guide to the legal and political governance issues ahead while also contextualising them within the broader domain of governance and regulation of digital technologies.
This book analyzes contemporary issues relating to energy, environment, and globalization in the Indian context. As a signatory to the Paris climate accord, India has reiterated its commitment to taking strong and positive steps toward climate change mitigation. However, as one of the fastest growing economies in the world, it is battling the effects of a steep rise in fossil fuel usage and pollution. Further, increasing globalization is leading to greater economic activity and production, resulting in additional energy use, which has a negative effect on the environment. The book argues that globalization need not have only a negative environmental impact; it can also have positive impact through the importation of environmentally sound technologies and implementing global compliance standards. The book is divided into three sections: The energy section discusses issues relating to the status of Indian natural gas market and the need for developing an efficient gas market in India; the economics and politics of sustainable energy in India; the challenges of thermal power and significance of clean thermal power generation in India; environmental and policy issues concerning energy use in urban India; the importance of energy use in developing Human Development Index (HDI); and issues relating to renewable energy in India. The environment section then examines topics such as the impact of global warming on local weather by examining the frequency of extreme weather events such as drought and floods, and their impact on farming activities in the Indian state of Odisha; the importance of according the economic value to environmentally significant things like national park , mangroves, etc. for sustainable development; the role of environmental accounting for ecological sustainability and ecotourism; and environmental concerns increasingly gaining traction among the corporate sector for their long-run benefits . Lastly, the third section addresses issues relating to the challenges and opportunities of globalization, such as the interface between globalization and environment; managing India's business interest in proposing new Bilateral Investment Treaty (BIT); the challenges being faced by Indian exports and their revival; and making Indian SMEs competitive. As such, it is an invaluable resource for policymakers, researchers, practitioners and students in the field of energy, environment and trade economics.
This book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as a first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations in broader pollution response mechanisms because it does not aligns comfortably with this framework of laws. Despite the emphasis on environmental protection in the 1989 London Salvage Convention, the Convention maintains the traditional notion of salvage operations as a service to property, while environmental outcomes and the remuneration of environmental services are positioned as a secondary outcome of the law of salvage. This book argues that directly contracting for environmental services bolsters the primacy of environmental protection and the functional use of law to further environmental protection and policy formulation. Direct contracting between coastal States and Salvors for environmental services complements existing practices and pollution response mechanisms and provides a sound legal basis for the effective realisation of salvage operations as a first line of defence against pollution following shipping incidents without fundamentally altering the established commercial identity of the traditional law of salvage. This book will be key reading for students, academics and practitioners working at the intersection of shipping and environmental law.
There isn't one conversation about animal ethics. Instead, there are several important ones that are scattered across many disciplines.This volume both surveys the field of animal ethics and draws professional philosophers, graduate students, and undergraduates more deeply into the discussions that are happening outside of philosophy departments. To that end, the volume contains more nonphilosophers than philosophers, explicitly inviting scholars from other fields-such as animal science, ecology, economics, psychology, law, environmental science, and applied biology, among others-to bring their own disciplinary resources to bear on matters that affect animals. The Routledge Handbook of Animal Ethics is composed of 44 chapters, all appearing in print here for the first time, and organized into the following six sections: I. Thinking About Animals II. Animal Agriculture and Hunting III. Animal Research and Genetic Engineering IV. Companion Animals V. Wild Animals: Conservation, Management, and Ethics VI. Animal Activism The chapters are brief, and they have been written in a way that is accessible to serious undergraduate students, regardless of their field of study. The volume covers everything from animal cognition to the state of current fisheries, from genetic modification to intersection animal activism. It is a resource designed for anyone interested in the moral issues that emerge from human interactions with animals.
Locating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the prohibition on assisted suicide in England and Wales and beyond. Assisted suicide is a contentious topic and one which has been the subject of judicial and academic debate internationally. The central objective of the book is to approach the question of the ban's compatibility with the European Convention on Human Rights afresh; freed from the constraints of the existing case law and its erroneous approach to the legal issues and selective reliance on empirical data. The book also examines the compatibility of the ban on assisted suicide with rights which have either been erroneously disregarded or not considered by either the domestic courts or the European Court of Human Rights. Having regard to human rights jurisprudence more broadly, including in the context of abortion, the research and analysis undertaken here demonstrates that the ban on assisted suicide violates the rights of a significant number of individuals to life, to freedom from torture or inhuman or degrading treatment and to private life. Such analysis does not depend on a strained or contrived approach to the rights at issue. Rather, the conclusions flow naturally from a coherent, logical application of the established principles governing those rights. While the focus of the book is the Suicide Act 1961, the conclusions reached have implications beyond England and Wales, including for the other devolved jurisdictions and international jurisdictions. Beyond courts and legislators, it will be a valuable resource for students of human rights and medical law, as well as medical and legal practitioners and academics working in human rights and end-of-life care.
To what extent should parents be able to choose the kind of child they have? The unfortunate phrase 'designer baby' has become familiar in debates surrounding reproduction. As a reference to current possibilities the term is misleading, but the phrase may indicate a societal concern of some kind about control and choice in the course of reproduction. Typically, people can choose whether to have a child. They may also have an interest in choosing, to some extent, the conditions under which they do so, such as whether they have a child with a serious disability or disease. The purpose of this book is to explore the difficult and controversial question of the appropriate ethical and legal extent of reproductive autonomy in this context. The book examines ethical, legal and public policy issues in prenatal screening, prenatal diagnosis (PND), selective abortion and preimplantation genetic diagnosis (PGD). It explores the ethics of these selection practices and the ability of current ethical guidelines and legal mechanisms, including the law on selective abortion and wrongful birth, to deal with advances in genetic and other knowledge in these areas. Unlike in the United States, in England the relevant law is not inherently rights-based, but the impact of the Human Rights Act 1998 inevitably raises questions about the proper scope of reproductive autonomy in this context. The implications of the analysis are considered for the development of relevant law, public policy and ethical guidelines and will be of interest to academics in medical law and ethics, health professionals, lawyers, those working on public policy and students with an interest in these issues.
Jurisprudential meditation and methodological performance on how feminist and legal thought come into relation. Experiments with genre, style, and form to historicise the relationship of a feminist jurisprudent to her own sources, methods, and interlocutors. The book will be a useful resource for scholars and students of law and humanities, feminism, and history. |
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