Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories.

Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.

China is the world's second largest consumer of commercial energy and is therefore a significant contributor to atmospheric pollution. It is becoming a major player in global and regional markets for energy products, services and investment. This book provides an overview of the formulation and implementation of energy policy in China. Part One provides background information on China's energy sector. Part Two examines the nature of China's energy policy and of the policy-making process, with examples drawn from the coal and natural gas sectors, as well as from the government's drive to promote energy conservation and energy efficiency. Part Three focuses on recent efforts to reform the energy sector in China and to regulate it more effectively, paying particular attention to the electrical power sector and to small-scale coal mines. Part Four evaluates, from the perspective of the citizen, policy relating to the electrical power sector and to the closure of small-scale coal mines. Part Five addresses the international dimensions of China's energy policy, with accounts of both inward and outward investment, and of the international political implications.

As many as one in four adults in the workforce will suffer from psychiatric illness in a given year. Such illness can have serious consequences -- job loss, lawsuits, workplace violence yet the effects of mental health issues on job functioning are rarely covered in clinical training. In addition, clinicians are often asked to provide opinions on an employee s fitness for work or an evaluation for disability benefits, only to find themselves embroiled in complex legal and administrative conflicts. A unique collaboration between a renowned clinical professor of psychiatry and a noted legal expert, Evaluating Mental Health Disability in the Workplace approaches the topic from two distinct areas: the legal context and issues relevant to disability and disability-related evaluations, and the interplay of factors in the relationship between work and psychiatric illness. From this dual perspective, the authors advocate for higher professional standards ensuring that employers, evaluees, or third parties are provided with the most reliable information.

Key features of the book:

• A robust assessment model of psychological disability in the workplace
• Practice guidelines for conducting workplace mental health disability evaluations
• Legal and ethical aspects of employment evaluations, especially as they differ from clinical procedure
• Examination of the process of psychiatric disability development
• Issues specific to evaluations for Social Security, Workers Compensation, and other disability benefit programs
• Review of relevant administrative and case law.

As an introduction to these complex issues or for the further improvement of evaluation skills, Evaluating Mental Health Disability in the Workplace is a timely reference for psychiatrists, psychologists, forensic mental health specialists, and attorneys in this field."

This book analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others, including the safe harbours (or immunities) of which they may take advantage, and the range of remedies that can be secured against such providers. Many such claims involve intellectual property infringement, but the treatment extends beyond that field of law. Because there are few formal international standards which govern the question of secondary liability, comprehension of the international landscape requires treatment of a broad range of national approaches. This book thus canvasses numerous jurisdictions across several continents, but presents these comparative studies thematically to highlight evolving commonalities and trans-border commercial practices that exist despite the lack of hard international law. The analysis presented in this book allows exploration not only of contemporary debates about the appropriate policy levers through which to regulate intermediaries, but also about the conceptual character of secondary liability rules.

Designed to serve as a reference work for practitioners, academics, and scholars worldwide, this book is the first of its kind to explain complex cybercrimes from the perspectives of multiple disciplines (computer science, law, economics, psychology, etc.) and scientifically analyze their impact on individuals, society, and nations holistically and comprehensively. In particular, the book shows: How multiple disciplines concurrently bring out the complex, subtle, and elusive nature of cybercrimes How cybercrimes will affect every human endeavor, at the level of individuals, societies, and nations How to legislate proactive cyberlaws, building on a fundamental grasp of computers and networking, and stop reacting to every new cyberattack How conventional laws and traditional thinking fall short in protecting us from cybercrimes How we may be able to transform the destructive potential of cybercrimes into amazing innovations in cyberspace that can lead to explosive technological growth and prosperity

Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.

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.

European Sports Law: Collected Papers 2nd edition contains the collected works (1989-2012) of Stephen Weatherill, Jacques Delors Professor of European Community Law, Somerville College, University of Oxford, United Kingdom, with an extensive introduction on the background and rationale for the selected papers.
Stephen Weatherill is a leading academic and author on the subject of European Union law and professional sport. His work is of the highest academic standard and practice-oriented at the same time, which has a strong impact on major court cases and the development of international sports law in general.
The updated 2nd edition is a vademecum for those involved with international sport and the challenges European law and sport provide and is an indispensable tool for administrators, managers, researchers, academics, marketers, broadcasters, advisers and practitioners.
The book appears in the ASSER International Sports Law Series (ISSN: 1874-6926), under the editorship of Dr. David McArdle, Dr. Ben Van Rompuy and Marco van der Harst LL.M.

Environmental Regulation through Financial Organisations examines in the industrialised nations the emerging role of banks, insurers and institutional investors as organisations for articulating and strengthening environmental law and policy. Taking a comparative perspective of practice in the European Union, North America, Japan and Australia, the book argues that existing legal reforms to promote sustainable development are unlikely to be successful unless environmental policy can be diffused and embedded in the financial services sector. This sector plays a crucial role in creating the financial conditions that allow much economic development to proceed. Financial markets are already highly regulated in pursuance of various public policy objectives, and there is scope to adapt existing regulation to incorporate environmental aspects into the financial services sector. In terms of specific reforms, the book focuses on the role of corporate environmental reporting, economic instruments and liability rules to provide a proper context for engaging financial organisations with the environment, as well as reforms to the system of prudential regulation that currently governs this sector. Beyond the focus on the financial services sector, the book raises complex questions regarding the relationship between the state and market institutions in environmental policy, and will appeal to scholars from a wide range of disciplines interested in problems of environmental governance.

Private-sector unionization has been in a period of dramatic decline. While much scholarship has sought to explain this development and has called for stronger legal protection of union organizing efforts, the viability of alternative or supplementary forms of employee representation has received comparatively little attention. The potential for such alternatives and the appropriate role of public policy in this arena served as the theme for the 50th anniversary of New York University's Annual Conference on Labor. This long-standing conference brings together government officials; representatives of companies, labor unions, and employees; lawyers; and human resources specialists. In this vital forum, participants discuss important themes in U.S. labor law affecting the American workplace and share new ideas and perspectives for improving the practice. This latest installment includes conference papers and commentary as well as additional essays by professors at esteemed institutions in three different countries (Israel, Canada, and the United States). It addresses such provocative questions as: What do workers want in the way of workplace representation? What role has individualism played in the decline of unions in private companies? Do labor laws unnecessarily restrict the potential growth of employee ownership? The list of contributors comprises both professors and practicing attorneys from a variety of backgrounds. The papers contained in Employee Representation in the Emerging Workplace will assist and appeal to all concerned with these important contemporary labor law issues and especially with the ways in which the United States is considering them. The theme addressed in this particular installment is topical, central to the field, and deserving of attention.

Controlling Pollution in Transition Economies examines and evaluates the recent experience of implementing pollution charges and the use of environmental permits in Central and Eastern Europe and Russia.The book focuses on controlling point-source air and water pollution. It describes and analyses the experience of implementing pollution charges and fines, and the interactions of these fiscal instruments with systems of pollution permits. The ten country case studies have been written by specialists who have been or are actively involved with the development or revision of pollution charges. Based on the experience of these countries, general conclusions are drawn for implementing pollution charge systems in other contexts. This book will encourage new theoretical and empirical work on the problem of implementing economic instruments (pollution charges), in combination with 'command-and-control' instruments (pollution permits). Practitioners and policy analysts as well as graduate students, academics, researchers and environmental consultants will find this book an important contribution to the existing literature.

Circumcision affects 15.3 million children and young adults annually. In terms of gender, 13.3 million boys and 2 million girls are subjected to the involuntary removal of part or all of their external sexual organs every year. The problem of female circumcision has been addressed on an international level, but male circumcision remains a controversial subject that many academics have been reluctant to examine. Circumcision is tolerated today because it has been practiced for millennia by a small but vocal minority of religious and ethnic groups, however, when the practice is examined through the lens of modern legal, ethical, and human rights advancements, no place remains in civilized society for this body-altering ritual. In Genital Autonomy: Protecting Personal Choice, international experts address various types of genital modifications, the impact of these harmful traditional practices on the child, on human rights, and on the development of the concept of bodily integrity. The papers presented in this volume address these topics from a variety of angles. They question and dissects the true motivations of the doctors, witch doctors, and "holy men" who promote and profit from circumcision.

If a pregnant woman refuses medical treatment needed by the fetus - for instance for religious reasons - or conducts some aspect of her life in a way which risks fetal harm, there may arise an instance of "maternal-fetal conflict". This is an unfortunate term, since pregant women are generally renowned for their self-sacrificing behaviour, but it may well reflect the reality of certain maternal choices and actions. Should a pregnant woman have the legal right to refuse medical treatment needed by the fetus, or should she owe it a legal duty of care which precludes her acting in ways which may harm it? Does the debate hinge simply upon the appropriateness, or otherwise, of legally compelling presumed moral obligations, or is it more complex than this? Indeed, what are a pregnant woman't moral obligations towards her fetus? In England and in some US states, courts have held that a pregnant woman has the right to refuse medical treatment needed by the fetus. In similar fashion, the idea of a general maternal legal duty of care toward the fetus has been rejected, most recently in Canada. The cases, however, leave the impression of an uncomfortable split between the ethics and the law, as if the problem were entirely one of not legally enforcing presumed moral duties. The effect is both puzzling and polarising: puzzling in that the cases leave unanswered - as largely they must - the huge question of a pregnant woman's moral rights and duties; polarising in that the cases leave troubling tensions about a pregnant woman's rights in the face of fetal harm or death. The tendency is to deny these by ever more strongly asserting a woman's rights. In turn this encourages a reaction in favour of fetal rights, one which is unlikely to attend to a woman's interests and difficulties in pregnancy. This could have serious legal repercussions for various instances of maternal-fetal conflict, including in those US states or other jurisdictions which have yet to address these issues. It might also increase the pressures on the issue of abortion. This book, which seeks a way between these polarised positions, tries to explain and justify a woman's moral and legal rights in pregnancy and, at the same time, to explore the extent of her moral duties toward the fetus. The aim is to resolve, as far as possible, the ethical, legal and social tensions which undoubtedly surround this area. Innovatively in work on this issue (and unusually in the field of medical law and ethics) the author adopts a joint philosophical and legal approach directed to issues both of principle and policy, revealing strong conceptual links between the ethics and the law. In addition to an ethical exploration of the maternal-fetal relationship, the author explores and analyses the relevant English, American, Canadian (and sometimes Australian) arguments from the law of treatment refusal, abortion, tort and rescue, as well as relevant jurisprudence from the European Court of Human Rights. This important book breaks new ground and will be of great interest to academics in law and philosophy, lawyers, health professionals, policy-makers and students of medical law and ethics. "It is rare to find a book which so skilfully combines legal and moral analysis of a controversial medical issue. Rosamund Scott has produced what is undoubtedly one of the finest pieces of medico-legal writing of recent years. This is a clever, human and immensely readable work." Alexander McCall Smith, Professor of Medical Law, University of Edinburgh "This book concerns one of the most personally agonizing and morally complex issues in medical ethics. It is a work of great philosophical sophistication, combining breadth of vision with acute sensitivity to the nuances of women's experiences. It will soon become the standard work in philosophical, legal and political debate on maternal-fetal conflicts." Roger Crisp, Uehiro Fellow and Tutor in Philosophy, St Anne's College, Oxford

This book offers the first full examination of the legal role of public guardianship in 25 years, comparing current conditions to those when the last study was published in 1981. Public Guardianship: In the Best Interests of Incapacitated People? is written to advance public understanding of what happens to disabled and elderly adults when no family member or friend is available to be a caregiver or guardian should it become necessary. It is the first major study on this critically important issue since 1981. Conducted by experts in gerontology, social work, public policy, and public health, it finds that, although progress has been made, guardianship programs around the country still are hampered by limited staff and resources. Public Guardianship analyzes the full range of state statutes governing guardianship, including guardian eligibility, investigation, due process, rights, powers, costs, and monitoring. The authors report their case studies of public guardianship programs, marshaling and comparing field data from their surveys of stakeholders in ten states. The book concludes with a variety of recommendations for improving guardianship programs, including the authors' Model Public Guardian Act. Includes case studies on public guardianship programs in ten different states Offers bibliographic listings of works cited in the text Presents tables and charts showing important data

Governments have at their disposal a broad range of policy instruments that they may use to influence behaviour and pursue environmental policy goals. This volume of the Elgar Encyclopedia of Environmental Law is a comprehensive guide to these environmental policy instruments, examining their characteristics, applications, strengths and limitations, as well as giving an overview of the most significant issues related to their adoption and effectiveness. With entries written by leading international scholars, this incisive volume provides insight into the cross-cutting issues that are common to discussions of such policy instruments, including the legal bases for their use, how instruments can be compared for costs, distributional questions, and monitoring and enforcement. Contributions also explore hybrids and blends of policy instruments and explain the relationships between them, using case studies and examples from around the world, as well as providing succinct summaries of the substantial literature in the field. Students and scholars in environmental law will find this volume to be an invaluable resource, for both its solid theoretical foundations and its analysis of undertreated issues in the field. Its discussion of how and why each policy tool might be used is particularly relevant for policymakers and practitioners. Contributors include: A.D.K. Abelkop, C. Coglianese, M.A. Cohen, D.H. Cole, C.M. Correa, N. de Sadeleer, R.C. Feiock, P.Z. Grossman, N. Gunningham, S. Hayes Richards, M. Howlett, S.-L. Hsu, B. Huber, O. Karassin, B.C. Karkkainen, S.E. Light, L.M.J. McCann, J.E. Milne, I. Mukherjee, E.W. Orts, O. Perez, K.R. Richards, T.M. Roberts, A. Rowell, S. Roy, J.P. Shimshack, H. Sigman, D. Sinclair, S. Starobin, S.E. Weishaar, E. Woerdman, H. Yi, J. van Zeben

Many European Union Directives seek to minimize the potential for harm to humans and the environment arising from the use of chemicals. This book takes an interdisciplinary, selective look at the effector mechanisms employed in such directives. It covers the pre-marketing use of toxicology to identify the hazardous properties of chemicals, acknowledging its shortcomings, while contrasting the scientific method with the precautionary principle in developing risk-management practices. The book then goes on to describe the use of bio-indicators, chemical analyses and mathematical modelling for prediction, or to determine the adequacy of chemical safety legislation. The environmental risk assessment of priority chemicals is described and the impact of pesticides on sustainability in agriculture is discussed from the differing standpoints of agronomy and economics. Audience: All professionals concerned with the safe management of chemicals and their use, including teachers, practitioners, policy makers or legislators.

How should judges and legislators address challenges arising at the frontiers of biomedicine? What if it became possible to edit the DNA of embryos for enhanced traits, gestate a fetus in an artificial womb, self-modify brain implants to provide new skills or bring a frozen human back to life? This book presents an innovative legal theory and applies it to future developments in biomedicine. This legal theory reconceptualises the role of legal officials in terms of moral principle and contextual constraints: 'contextual legal idealism'. It is applied by asking how a political leader or appeal court judge could address technological developments for which the current law of England and Wales would be ill-equipped to respond. The book's central thesis is that the regulation of human conduct requires moral reasoning directed to the context in which it operates. The link between abstract theory and practical application is articulated using future developments within four areas of biomedicine. Developments in heritable genome editing and cybernetic biohacking are addressed using Explanatory Notes to hypothetical UK Parliamentary Bills. Developments in ectogestation and cryonic reanimation are addressed using hypothetical appeal court judgments. The book will be of great interest to scholars and students of medical/health law, criminal law, bioethics, biolaw, legal theory and moral philosophy.

The 2022 edition of the Rules and Guidance for Pharmaceutical Distributors, the 'Green Guide', is the essential reference for all distributors, brokers of human medicines, importers and distributors of active substances in the UK.It provides you with the single authoritative source of European good distribution practices and UK guidance, information and UK legislation on these activities.The new 5th edition has been updated to incorporate changes made after the UK's exit from the European Union on the 31st January 2020.It also incorporates new guidance on pharmacovigilance for wholesalers, the naming of sites on a licence, self-inspection, and the responsible person for import.It brings together EU guidance on good distribution practice and the MHRA's expectations for compliance. There is also a new flowchart for the registration of handling active substances

Million of people around the Asia Pacific region are suffering from the twin effects of globalization and exclusionary nationality laws. Some are migrant workers without rights in host countries; some are indigenous peoples who are not accorded their full rights in their own countries. Yet others are refugees escaping from regimes that have no respect for human rights. This collection of essays discusses the ways in which citizenship laws in the region might be made consistent with human dignity. It considers the connectedness of national belonging and citizenship in East and Southeast Asian and Pacific states including Australia the impact of mass migration, cultural homogenization and other effects of globalization on notions of citizenship and possibilities of commitment to a transnational democratic citizenship that respects cultural difference.;This work is intended for use by departments of politics, international relations, economics (courses in international trade, globalization, labour economics), Asian studies, sociology (courses in legal and citizenship studies), and law.

This exceptional new text offers an up-to-date and integrated approach to communication law. Written by two practicing attorneys with extensive experience teaching the communication law course, Law for Advertising, Broadcasting, Journalism, and Public Relations covers the areas of communication law essential and most relevant for readers throughout the communication curriculum. Its integrated approach will serve students and practitioners in advertising and public relations as well as those in journalism and electronic media. Providing background to help readers understand legal concepts, this comprehensive communication law text includes an introduction to the legal system; covers legal procedures, structures, and jurisdictions; discusses the First Amendment and electronic media regulations; and considers issues of access. Additional material includes: *intellectual property law; *employment and agency law, with explanations of how these laws create obligations for mass communication professionals and their employees; *commercial communication laws; and *special laws and regulations that impact reporters, public relations practitioners, and advertisers who deal with stock sales. Special features of this text include: *Magic Words and Phrases--defining legal terms; *Cases--illustrating key points in each chapter; *Practice Notes--highlighting points of particular interest to professional media practices; *Instructions on finding and briefing cases, with a sample brief; and *Examples of legal documents and jury instructions. This text is intended as an introduction to communication law for students and practitioners in mass communication, journalism, advertising, broadcasting, telecommunications, and public relations.

In this book, scholars with different disciplinary and national backgrounds argue for possible answers and analyse case studies on current issues of governance in biomedical research. These issues comprise among others the research-care distinction, risk evaluation in early human trials, handling of incidental findings, nocebo effects, cluster randomized trials, publication bias, or consent in biobank research. This book demonstrates how new technologies and research possibilities multiply or intensify already known governance challenges, leaving room for ethical analysis and complex moral choices. Clinical researchers, research ethics committee members and research ethicists have all to deal with such challenges on a daily basis. While general reflection on core concepts of research ethics is seldom pointless, those confronted with hard moral choices do need more practical and contextualized reflection on the said issues. This book particularly provides such contextualized reflections and aims to inform all those who study, conduct, regulate, fund, or participate in biomedical research.

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.

This book presents an interdisciplinary collection of expert analyses and views of existing verification systems. It provides guidelines and advice for the improvement of those systems as well as for new challenges in the field.

The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS) and national courts in 2015. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the CAS (e.g. the Dutee Chand case) and national courts (e.g. the Pechstein and Wilhelmshaven decision rendered by the OLG Munchen and OLG Bremen in Germany). Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchatel, Switzerland, and is the partner in charge of the sports arbitration practice at Levy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.