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Books > Law > Laws of other jurisdictions & general law > Social law
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.
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.
We're losing the war on drugsbut the fight isn't over yet Federal Narcotics Laws and the War on Drugs examines our current anti-drug programs and policies, explains why they have failed, and presents a plan to fix them. Author Thomas C. Rowe, who has been educating college students on recreational drug use for nearly 30 years, exposes the truth about anti-drug programs he believes were conceived in ignorance of the drugs themselves and motivated by racial/cultural bias. This powerful book advocates a shift in federal spending to move funds away from the failed elements of the war on drugs toward policies with a more realistic chance to succeedthe drug courts, education, and effective treatment. Common myths and misconceptions about drugs have produced anti-drug programs that don't work, won't work, and waste millions of dollars. Federal Narcotics Laws and the War on Drugs looks at howand whythis has happened and what can be done to correct it. The book is divided into How did we get into this mess? which details the history of anti-narcotic legislation, how drug agencies evolved, and the role played by Harry Anslinger, Commissioner of the United States Bureau of Narcotics from 1930 to 1962; What works and what doesn't work, which looks at the failure of interdiction efforts and the negative consequences that have resulted with a particular focus on the problems of prisons balanced against the drug court system; and a third section that serves as an overview of various recreational drugs, considers arguments for and against drug legalization, and offers suggestions for more effective methods than our current system allows. Federal Narcotics Laws and the War on Drugs also examines: the creation of the Federal Bureau of Narcotics current regulations and structures current federal sentencing guidelines current state of the courts and the prison system mandatory sentencing and what judges think interdiction for heroin, cocaine and crack cocaine, and marijuana early education efforts the DARE program drug use trends drug treatment models the debate over legalization Federal Narcotics Laws and the War on Drugs also includes several appendices of federal budget figures, cocaine and heroin purity and price, and federal bureau of prisons statistics. This unique book is required reading for anyone concerned about the drug problem in the United States and what isand isn'tbeing done to correct it.
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.
Readings in Law and Popular Culture is the first book to bring together high quality research, with an emphasis on context, from key researchers working at the cutting-edge of both law and cultural disciplines. Fascinating and varied, the volume crosses many boundaries, dealing with areas as diverse as football-based computer games, Buffy the Vampire Slayer, digital sampling in the music industry, the films of Sidney Lumet, football hooliganism, and Enid Blyton. These topics are linked together through the key thread of the role of, or the absence of, law - therefore providing a snapshot of significant work in the burgeoning field of law and popular culture. Including important theoretical and truly innovative, relevant material, this contemporary text will enliven and inform a legal audience, and will also appeal to a much broader readership of people interested in this highly topical area.
The participation of the European Community and the Member States in the international climate change regimes is a complex issue. In the case of the Kyoto Protocol, this is rendered more complicated by the fact that for the purposes of Article 4 of the Kyoto Protocol, the membership of the European Community and Member States is frozen at a particular point in time. The result of this is that under International Law the European Community and a part of the Member States (EU15) have agreed to jointly fulfil some of those obligations whereas under Community Law all Member States share a certain degree of responsibility to meet the obligations created by the Kyoto Protocol. This book analyses in great detail the Kyoto Protocol and its obligations, as well as the discrepancies between International Law and Community Law in that regard. The book is a useful tool for academics, practitioners, consultants and all stakeholders operating in the field of environmental law and climate change. Leonardo Massai is a legal expert and lecturer in International and EU Environmental Law and Climate Change.
The Law Express series is designed to help you revise effectively. This book is your guide to understanding essential concepts, remembering and applying key legislation and making your answers stand out!
The essays in Erotic Justice address the ways in which law has been implicated in contemporary debates dealing with sexuality, culture and `different' subjects - including women, sexual minorities, Muslims and the transnational migrant. Law is analyzed as a discursive terrain, where these different subjects are excluded or included in the postcolonial present on terms that are reminiscent of the colonial encounter and its treatment of difference. Bringing a postcolonial feminist legal analysis to her discussion, Kapur is relentless in her critiques on how colonial discourses, cultural essentialism, and victim rhetoric are reproduced in universal, liberal projects such as human rights and international law, as well as in the legal regulation of sexuality and culture in a postcolonial context. Drawing her examples from postcolonial India, Ratna Kapur demonstrates the theoretical and disruptive possibilities that the postcolonial subject brings to international law, human rights, and domestic law. In the process, challenges are offered to the political and theoretical constructions of the nation, sexuality, cultural authenticity, and women's subjectivity.
Environmental concerns are at the top of the agenda around the world. Judaism, like the other world religions, only rarely raised issues concerning the environment in the past. This means that modern Judaism, the halakhic tradition no less than others, must build on a slim foundation in its efforts to give guidance. The essays in this volume mark the beginning of a new effort to face questions and formulate answers of vital importance.
Explore legal issues that often hinder the work of child welfare practitioners! Child Welfare in the Legal Setting: A Critical and Interpretive Perspective is a revolutionary study of the child welfare system that is essential for practitioners, educators, and students interested in public child welfare work. It examines the legal system surrounding child welfare workers and highlights their need for agency-specific training. This insightful book challenges the traditional rules of child welfare and paves the way for alternate methods of conceptualizing and organizing child protection. It explores why many family interventions fail and others never even occur. By identifying incongruities between the philosophy of child welfare and its function, this book advocates a more individualistic and efficient technique for assisting clients. Addressing issues and challenges from the initial identification of problems to navigating the legal system, this book is also thorough enough for public child welfare workers who want to take their skills to the next level. The large-system perspective in this book uses the concentric circle model, the rational legal model of legal and court action, and the ritualized process model to examine child welfare practice. Learn why terms such as child abuse and neglect have become social constructions that vary depending on the values of social workers, judges, attorneys, agencies, and communities. Child Welfare in the Legal Setting: A Critical and Interpretive Perspective examines the standardization of the organizational activities of child welfare systems and how this limits professionals' ability to accurately recognize unique problems and intervene in the most beneficial manner. Child Welfare in the Legal Setting also provides controversial opinions on emerging issues including: family investigations sanction for Child Protective Services intervention the legal setting as a host environment the function of the child welfare system rationalization of child welfare intervention trained incapacity of social workers Title IVE programs the court system Child Welfare in the Legal Setting: A Critical and Interpretive Perspective identifies vital issues by analyzing the ethical and moral foundations of the child welfare system. This insightful book also takes a close look at how practitioners inadvertently devalue their clients by using language that creates stigmatized social categories such as victim and convicted felon. Supervisors, managers, social workers and child welfare practitioners will benefit from this information. The vignettes that supplement the narrative also make the book an important resource in any child welfare course.
This book represents a first attempt to investigate the relations between Law and Agroecology. There is a need to adopt a transdisciplinary approach to multifunctional agriculture in order to integrate the agroecological paradigm in legal regulation. This does not require a super-law that hierarchically purports to incorporate and supplant the existing legal fields; rather, it calls for the creation of a trans-law that progressively works to coordinate interlegalities between different legal fields, respecting their autonomy but emphasizing their common historical roots in rus in the process. Rus, the rural phenomenon as a whole, reflects the plurality and interdependence of different complex systems based jointly on the land as a central point of reference. "Rural" is more than "agricultural": if agriculture is understood traditionally as an activity aimed at exploiting the land for the production of material goods for use, consumption and private exchange, rurality marks the reintegration of agriculture into a broader sphere, one that is not only economic, but also social and cultural; not only material, but also ideal, relational, historical, and symbolic; and not only private, but also public. In approaching rus, the natural and social sciences first became specialized, multiplied, and compartmentalized in a plurality of first-order disciplines; later, they began a process of integration into Agroecology as a second-order, multi-perspective and shared research platform. Today, Agroecology is a transdiscipline that integrates other fields of knowledge into the concept of agroecosystems viewed as socio-ecological systems. However, the law seems to still be stuck in the first stage. Following a reductionist approach, law has deconstructed and shattered the universe of rus into countless, disjointed legal elementary particles, multiplying the planes of analysis and, in particular, keeping Agricultural Law and Environmental Law two separate fields.
* Specifically aimed at US courses in International Law, this text is authoritative, comprehensive, and distinctively readable. * Emphasizes the structure and process of the international legal system in a unique chapter on this subject as well as throughout the text-important for US students. * Covers key cases and treaties in well-structured feature boxes outlining the Facts, Issues, Decisions, and Reasoning for each case. * Completely up-to-date and streamlined in light of reviews and recent developments in international law including new material on "shark poaching," Space X, cyber-attacks, Belarus, and refugee crises from Ethiopia to Syria, among others. * Reinstates popular chapter on International Economic Law from earlier editions, updated and expanded. * Renews an online resource for students and professors, responding to reviewers.
Environmental regulation came of age towards the end of the 20th century as the blunt methods of command-and-control were subjected to trenchant criticism from both economists and lawyers in the United States and Europe. As a result of this intellectual development, as well as continuing and increasing severity of environmental problems, there is a need for fresh thinking about regulatory methods that are rational from both economic and legal points of view. This text focuses on the viability of one particular regulatory innovation - the use of agreements or contracts for environmental regulation - as it has been practised in the United States and Europe. The various contributions explore the general idea that certain kinds of environmental problems may best be addressed through contracts among interested parties, including representatives of various levels of government, business, local community and employment representatives, and public interest groups. The parties get together to discuss a particular problem and then agree to an agreement or contract designed to address key issues and interests. At least in some situations, this approach may yield greater flexibility, stronger commitment, and more creative outcomes than traditional command-and-control regulation. Experiments in the use of environmental contracts have begun on both sides of the Atlantic, a fact which makes the comparative study offered here especially timely and valuable.
Agricultural Policy in the United States: Evolution and Economics traces U.S. agricultural policy from its colonial roots to the present, using economic concepts to analyze and interpret political and economic consequences. It also examines the processes by which agricultural policies are developed, and the government structure which supports the implementation of legislation passed by Congress. The book includes arguments for and against common tools of U.S. agricultural policy, without influencing the reader in a particular direction. Each chapter contains questions and exercises to support students' learning, and technical economic material is contained in optional appendices. This second edition examines the Agriculture Improvement Act of 2018 and sets the scene for future policy developments. Additionally, it looks at trade wars and the impact of Black Swan events like the COVID-19 pandemic on agricultural resilience.
Getting By offers an integrated, critical account of the federal laws and programs that most directly affect poor and low-income people in the United States-the unemployed, the underemployed, and the low-wage employed, whether working in or outside the home. The central aim is to provide a resource for individuals and groups trying to access benefits, secure rights and protections, and mobilize for economic justice. The topics covered include cash assistance, employment and labor rights, food assistance, health care, education, consumer and banking law, housing assistance, rights in public places, access to justice, and voting rights. This comprehensive volume is appropriate for law school and undergraduate courses, and is a vital resource for policy makers, journalists, and others interested in social welfare policy in the United States.
This volume is the only book which focuses on the impact of judicial review in the social welfare field. It comprises a selection of essays by academics and practitioners who have an interest in the operation, impact and future development of judicial review in a number of social welfare areas: homelessness, housing benefit, mental health, health care, social security, the discretionary social fund, immigration, prisoners, education and gypsy site provision. Two contributions address issues relating to the supervisory jurisdiction in the Scottish Court of Session and the High Court of Justice in Northern Ireland. Each contributor outlines the background and development of judicial review in their particular field followed by commentary on the operation of the judicial review remedy and various theoretical and practical concerns such as the impact of judicial review on organizational behaviour and its effect on the exercise of discretionary powers. The essays deal with the political and policy context of judicial review challenge, and the shifting balance of advantage offered to social welfare campaigners. The limitations of judicial review and the comparative merits of statutory appellate schemes are also examined. The contributors attempt to identify future areas for research and a concluding chapter draws together the common themes.
This book poses the question of whether identifiable individual-level attributes (e.g., values, interests, knowledge, demographic characteristics) lead to support for or opposition to the development and implementation of alternative energy technologies. In recent years, attempts to site alternative energy technologies (e.g., wind, solar, wave) have been met by intense opposition from a variety of sources, including many environmentalists from whom one might expect support for non-carbon based renewable energy initiatives. This volume argues that there are indeed such discernible attributes, and moreover that the identification and exploration are important for the development of support strategies for the well-informed and achievable siting of such technologies.
As climate change and urban development are closely interlinked and often interact negatively, this edited volume takes Ho Chi Minh City (HCMC), Vietnam's first mega-urban region as a case study to analyse its vulnerability to climate change and to suggest measures towards a more sustainable urban development. The book offers an overview on land use planning regarding the aspects of urban flooding, urban climate, urban energy and urban mobility as well as spatial views from the angle of urban planning such as the metropolitan level, the city, the neighbourhood and building level. It shows that to a significant degree, measures dealing with climate change can be taken from the toolbox of sustainable urban development and reflects how institutional structures need to change to enhance chances for implementation given socio-cultural and economic constraints. This is merged and integrated into a holistic perspective of planning recommendations, supporting the municipal government to increase its adaptive capacity. The authors are members of a German government funded research project on how to support HCMC's municipal government to adapt to risks related to climate change.
Public Participation and Better Environmental Decisions is about a specific 'promise' that participation holds for environmental decision-making. Many of the arguments for public participation in (inter)national environmental policy documents are functional, that is to say they see public participation as a means to an end. Sound solutions to environmental problems require participation beyond experts and political elites. Neglecting information from the public leads to legitimacy questions and potential conflicts. There is a discourse in the literature and in policy practice as to whether decision-making improves in quality as additional relevant information by the public is considered. The promise that public participation holds has to be weighed against the limitations of public participation in terms of costs and interest conflicts. The question that Public Participation and Better Environmental Decisions seeks to answer for academics, planners and civil servants in all environmental relevant policy fields is: What restricts and what enables information to hold the 'promise' that public participation lead to better environmental decision-making and better outcomes?
This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women. The work analyses different models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender related forms of violence and what are the challenges in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women. The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law as well as those working in the areas of international relations.
The EU strategy 2020 includes ambitious plans for e-regulation that could improve Europe s competitiveness. However, the European states have very different legal frameworks in this field. This book introduces flagship initiatives and provides a detailed overview and analysis of the current standards and latest developments, offering practical insights and guidelines for practitioners and policy-makers alike. Further, as it discusses the main areas of e-regulation, it can serve as a useful platform for university education in light of the growing need for new kinds of specialists, i.e. IT lawyers. The book concentrates on fields that are directly affected by e-regulation such as cyber-security, databases, computer programs, e-governance, IP and competition law and informatics."
Does "Asian American" denote an ethnic or racial identification? Is a person of mixed ancestry, the child of Euro- and Asian American parents, Asian American? What does it mean to refer to first generation Hmong refugees and fifth generation Chinese Americans both as Asian American? In Disoriented: Asian Americans, Law, and the Nation State, Robert Chang examines the current discourse on race and law and the implications of postmodern theory and affirmative action-all of which have largely excluded Asian Americans-in order to develop a theory of critical Asian American legal studies. Demonstrating that the ongoing debate surrounding multiculturalism and immigration in the U.S. is really a struggle over the meaning of "America," Chang reveals how the construction of Asian American-ness has become a necessary component in stabilizing a national American identity-- a fact Chang criticizes as harmful to Asian Americans. Defining the many "borders" that operate in positive and negative ways to construct America as we know it, Chang analyzes the position of Asian Americans within America's black/white racial paradigm, how "the family" operates as a stand-in for race and nation, and how the figure of the immigrant embodies a central contradiction in allegories of America. "Has profound political implications for race relations in the
new century"
Why is there such a deep partisan division within the United States regarding how health care should be organized and financed-and how can we encourage politicians to band together again for the good of everyone? For decades, Democratic and Republican political leaders have disagreed about the fundamental goals of American health policy. The modern-day consequences of this disagreement-particularly in the Republicans' campaign to erode the coverage and equity gains of the Affordable Care Act-can be seen in the tragic and disparate impact of COVID-19 on the country. In Crossing the American Health Care Chasm, Donald A. Barr, MD, PhD, details the breakdown in political relations in the United States. Why, he asks, has health policy-which used to be a place where the two sides could find common ground-become the nexus of fiery political conflict? From Harry S. Truman's failed attempt to enact a plan for national health insurance to the recent efforts of President Donald J. Trump, Barr's historical analysis also touches on every presidential administration in between. Tracing the bipartisanship that developed over the four decades following the passage of Medicare and Medicaid in 1965, Barr explains why this spirit of cooperation has given way to such a seemingly unbridgeable ideological chasm. Exploring how political conflict affects health care organization, financing, and delivery, Barr also offers a detailed analysis of the multiple attempts on the part of congressional Republicans and the Trump administration either to weaken or to repeal the ACA. Crossing the American Health Care Chasm offers a series of steps that policy makers can take to improve the national health care situation and provide a basis for ongoing bipartisanship as we continue to confront the policy challenges facing our country. Ultimately, Barr argues, this divide is more dangerous than ever at a time when health care costs continue to skyrocket, the number of uninsured Americans is rising, many state governments are chipping away at Medicaid, and the GOP has not let up in its efforts to dismantle the ACA. This book will be of profound interest both to those responsible for carrying out national health care policy and to those who study health policy from an academic perspective. |
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