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Books > Law > Laws of other jurisdictions & general law > Social law
This volume makes a contribution to the field of neurolaw by investigating issues raised by the development, use, and regulation of neurointerventions. The broad range of topics covered in these chapters reflects neurolaw's growing social import, and its rapid expansion as an academic field of inquiry. Some authors investigate the criminal justice system's use of neurointerventions to make accused defendants fit for trial, to help reform convicted offenders, or to make condemned inmates sane enough for execution, while others interrogate the use, regulation, and social impact of cognitive enhancement medications and devices. Issues raised by neurointervention-based gay conversion "therapy", efficacy and safety of specific neurointervention methods, legitimacy of their use and regulation, and their implications for authenticity, identity, and responsibility are among the other topics investigated. Dwelling on neurointerventions also highlights tacit assumptions about human nature that have important implications for jurisprudence. For all we know, at present such things as people's capacity to feel pain, their sexuality, and the dictates of their conscience, are unalterable. But neurointerventions could hypothetically turn such constants into variables. The increasing malleability of human nature means that analytic jurisprudential claims (true in virtue of meanings of jurisprudential concepts) must be distinguished from synthetic jurisprudential claims (contingent on what humans are actually like). Looking at the law through the lens of neurointerventions thus also highlights the growing need for a new distinction - between analytic jurisprudence and synthetic jurisprudence - to tackle issues that increasingly malleable humans will face when they encounter novel opportunities and challenges.
This fascinating book demonstrates the diversity of Connecticut's women's feminist activities in pre- and post-suffrage eras and refutes the notion that feminist activism died out with the passage of the Nineteenth Amendment.
The influence of women in the colonial family and the community is examined using tax and probate records of southside Colonial Virginia.
School teachers and administrators may be the largest single group of rule enforcers in American society. Operating under legislative statutes, court cases, board policies, program regulations, and so on, there appears to be no end to that part of their professional tasks that calls for them to be on-the-spot enforcers in an adult to child relationship. Using constitutionality of operations within a school as its central focal point, the book takes both the broader and the narrower aspects of the law and combines them to provide an extended understanding of the realities in which professionals must perform as employees in elementary and secondary schools. Organized into twelve broad topic areas, the handbook covers all key aspects of the law as it applies from administering personnel to religion in the schools. Appropriate court cases are cited throughout. This professional guide will be useful for teachers with an interest in school law, for graduate students preparing for a career in school administration, and for administrators in need of a precise, but succinct treatment of the law and schools.
Even more than the occasional and fleeting right to vote, citizens' equal and peremptory prerogatives of expression within public discourse distinguish post-World War II democracies from all earlier and rival forms of government. In fundamentally transforming public discourse, electronic media transform the very conditions of political legitimacy. Ian Cram continues to innovate at the forefront of the free speech debates by exploring that historical shift in the way we speak, and therefore in the way we govern ourselves.' - Eric Heinze, Queen Mary, University of London, UKThis monograph explores the phenomenon of 'citizen journalism' from a legal and constitutional perspective. It describes and evaluates emerging patterns of communication between a new and diverse set of speakers and their audiences. Drawing upon political theory, the book considers the extent to which the constitutional and legal frameworks of modern liberal states allow for a 'contestatory space' that advances the scope for non-traditional speakers to participate in policy debates and to hold elites to account. Topics covered include the regulation of offensive, abusive and anonymous speech, online defamation, compelled disclosure of 'journalists'' sources, private online research by jurors and analysis of the application of pre-Web 2.0 laws to non-traditional media speakers and outlets. After surveying a range of criminal and civil law provisions that impair the communicative reach of non-mainstream speakers, the broad conclusion casts doubt upon the capacity of 'citizen journalists' to effect a significant shift towards republican self-rule. Offering an original analysis of the phenomenon of 'citizen journalism' with developments from a broad range of jurisdictions, this book is a valuable resource for students, academics, policymakers and law reform agencies in the fields of constitutional law, human rights, media freedom, journalism and comparative media regulation.
Integrating interdisciplinary and cross-cultural analysis, this volume advances our understanding of sexual violence in intimacy through the development of more nuanced and evidence-based conceptual frameworks. Sexual violence in intimacy is a global pandemic that causes individual physical and emotional harm as well as wider social suffering. It is also legal and culturally condoned in much of the world. Bringing together international and interdisciplinary research, the book explores marital rape as individual suffering that is best understood in cultural and institutional context. Gendered narratives and large-scale surveys from India, Ghana and Africa Diasporas, Pacific Islands, Denmark, New Zealand, the United States, and beyond illuminate cross-cultural differences and commonalities. Methodological debates concerning etic and emic approaches and de-colonial challenges are addressed. Finally, a range of policy and intervention approaches-including art, state rhetoric, health care, and criminal justice-are explored. This book provides much needed scholarship to guide policymakers, practitioners, and activists as well as for researchers studying gender-based violence, marriage, and kinship, and the legal and public health concerns of women globally. It will be relevant for upper-level students and scholars in anthropology, sociology, psychology, women's studies, social work and public and global health.
The first volume of the International Yearbook of Soil Law and Policy includes an important discussion on the implementation of the Sustainable Development Goals that are the basis for the post-2015 development agenda up to the year 2030; the Yearbook focuses in particular on Goal 15, which includes achieving a "land degradation-neutral world." It also provides a comprehensive and highly informative overview of the latest developments at the international level, important cross-disciplinary issues and different approaches in national legislation. The book is divided into four sections. Forewords by internationally renowned academics and politicians are followed by an analysis of the content and structure of the Sustainable Development Goals with regard to soil and land as well as the scientific methods for their implementation. In addition, all relevant international regimes are discussed, including the latest developments, such as the decisions made at the 12th Conference of the Parties to the United Nations Convention to Combat Desertification (UNCCD) and the Paris Agreement on Climate Change. The next section deals with cross-disciplinary issues relevant to the implementation of the Sustainable Development Goals like the right to food, land tenure, migration and the "Economics of Land Degradation" initiative. The last section gathers reports on the development of national legislation from various nations and supra-national entities, including Brazil, China, the European Union, Mongolia, Namibia and the United States. Addressing this broad range of key topics, the book offers an indispensible tool for all academics, legislators and policymakers working in this field. The "International Yearbook of Soil Law and Policy" is a book series that discusses the central questions of law and politics with regard to the protection and sustainable management of soil and land - at the international, national and regional level.
Criminology and Democratic Politics brings together a range of international leading experts to consider the relationship between criminology and democratic politics. How does criminology relate to democratic politics? What has been the impact of criminology on crime and justice? How can we make sense of the uses, non-uses, and abuses of criminology? Such questions are far from new, but in recent times they have moved to the centre of debate in criminology in different parts of the world. The chapters in Criminology and Democratic Politics aim to contribute to this global debate. Chapters cover a range of themes such as punishment, knowledge, and penal politics; crime, fear, and the media; democratic politics and the uses of criminological knowledge; and the public role of criminology. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, and politics and all those interested in how criminology relates to democratic politics in modern times.
The book describes and analyses how environmental issues are regulated in several federal, regional and unitary systems and in the European Union. The comparative analysis reveals common trends towards a multi-layered environmental governance, cross-cutting traditional distinctions among different state models. In the second part, the case study of the management and protection of water resources is selected and analysed in the same legal systems. Disaggregating environmental protection into more specific competence fields allows trends and challenges to be tested The book casts light on the relationship between the state models as to the division of powers and environmental governance. It develops theoretical and practical foundations of contemporary, multi-level environmental law and challenges consolidated approaches in federal studies.
Economics shapes environmental pricing theory, but the law translates theory into reality. This research review examines and discusses carefully selected classic and cutting edge articles from around the world that delve into the legal design features of environmental tax instruments, how governments define the legal authority to use environmental taxation, complex interactions with WTO law and the legal conundrums of border tax adjustments. These influential articles cover a wide range of environmental and legal issues that recur across continents, with carbon taxes and climate change taking centre stage as important case studies. This timely review is an essential resource for those working in the field, whether they are trained in law, economics, political science, environmental science or public finance.
The Ethics of Sport explores moral issues that arise in sports, especially competitive athletics, in a manner that is accessible not only to sports fans or participants but also to those critical of sports or simply interested in an introduction to the kind of moral issues raised by the practice of athletics. The issues considered range from the more abstract, such as the importance that should be assigned to winning in sports, to specific controversies such as arguments over the use of performance enhancing drugs, the nature of gender equity, and the evaluation of violence in competition. The book explores different sides of these issues and suggests reasonable resolutions to the kinds of ethical questions prevalent in the practice of sports.
Offering an introduction to students on the most essential elements of EU energy law and policy, this volume will be the go-to text for those seeking knowledge of EU energy regulation and its objectives, as well as an overview of energy law. Specific topics will cover the content of sector-specific energy regulation, the application and impact of general EU law on energy markets, third party access, unbundling, investment in cross-border networks, energy trading and market supervision, the application of general EU competition law on energy markets, the impact of free movement provisions, and the application of state aid rules. A structured, step by step guide through the fundamental areas of EU energy law.
This innovative book provides transdisciplinary analyses of the nature and dynamics of digital game environments whilst tackling the existing fragmentation of academic research.Digital game environments are of increasing economic, social and cultural value. As their influence on diverse facets of life grows, states have felt compelled to intervene and secure some public interests. Yet, the contours of a comprehensive governance model are far from recognisable and governments are grappling with the complexity and fluidity of online games and virtual worlds as private spaces and as experimentation fields for creativity and innovation. This book contributes to a more comprehensive and fine-grained understanding of digital game environments, which is a precondition for addressing any of the pressing governance questions posed. Particular attention is given to the concept and policy objective of cultural diversity, which also offers a unique entry point into the discussion of the appropriate legal regulation of digital games.Governance of Digital Game Environments and Cultural Diversity will be of interest to researchers of media law, internet law and governance, cultural studies, anthropology and sociology. As the book addresses a highly topical theme, it will attract the attention of policymakers at national, regional and international levels and will also serve as a great resource tool for scholars in new media and in particular digital games and virtual worlds.
Should marijuana be legalized? Since 2012 four US states have legalized commercial for-profit marijuana production and use, while Washington DC has legalized possession, growth and gifting of limited amounts of the plant. Other states, and even cities, have decriminalized possession, allowed for medical use, or reduced possession to a misdemeanor. While marijuana is forbidden by international treaties and by national and local laws across the globe, polls show that public support for legalization has continued to increase steadily over time. So why does the issue of marijuana legalization continue to be so controversial? One short answer is that it is an extremely complicated business, with approaches toward legalization just within the United States varying widely. What's more, not all supporters of "legalization " agree on what it is they want to legalize: Just using marijuana? Growing it? Selling it? Advertising it? If sales are to be legal, what regulations and taxes should apply? Different forms of legalization have demonstrated very different results. This second edition of Marijuana Legalization: What Everyone Needs to Know (R) provides readers with a non-partisan primer covering everything from the risks and benefits of using marijuana to what is happening with marijuana policy in the United States and abroad. The authors discuss the costs and benefits of legalization at the state and national levels and explore the "middle ground " of policy options between prohibition and commercialized production. The book also considers the personal impact of marijuana legalization on parents, heavy users, medical users, employers, and even drug traffickers.
Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations in four parts and from the perspective of how this has evolved in the UK. As progenitor of a system bequeathed to its colonies and after centuries of leadership in developing the core principles, policies and precedents that subsequently shaped its development, the contribution of England & Wales, the originating jurisdiction, is first described and analysed in detail in Parts 1 and 2. These broadly sketch the parameters and role of 'charity' - seen as a mix of public and private interests - then address the law's role in protecting, policing, adjusting and supporting charity. This provides the critical dimensions for the comparative analysis of experience in the common law nations that constitutes the main part of the book. Part 3, in 5 chapters, provides an analysis of the legal functions as they apply to type of need and thereby give effect to social policy in Singapore, Australia, New Zealand, Canada and the United States of America. Part 4 concludes with three chapters that appraise political influence as a factor in aligning charity law with social policy to create a facilitative environment for appropriate charitable activity. Attention is given to the central role of the regulator, contemporary charity law frameworks and definitional boundaries.
Fossil fuels will remain the backbone of the global energy economy for the foreseeable future. The contribution of nuclear energy to the global energy supply is also expected to increase. With the pressing need to mitigate climate change and reduce greenhouse gas emissions, the fossil energy industry is exploring the possibility of carbon dioxide disposal in geological media. Geological disposal has been studied for decades by the nuclear industry with a view to ensuring the safe containment of its wastes. Geological disposal of carbon dioxide and that of radioactive waste gives rise to many common concerns in domains ranging from geology to public acceptance. In this respect, comparative assessments reveal many similarities, ranging from the transformation of the geological environment and safety and monitoring concerns to regulatory, liability and public acceptance issues. However, there are profound differences on a broad range of issues as well, such as the quantities and hazardous features of the materials to be disposed of, the characteristics of the targeted geological media, the site engineering technologies involved and the timescales required for safe containment at the disposal location. There are ample opportunities to learn from comparisons and to derive insights that will assist policymakers responsible for national energy strategies and international climate policies.
New Paradigms in Environmental Biomonitoring Using Plants highlights and explores the importance of biomonitoring methodologies and the latest updates in the field. The book presents a holistic approach toward the different aspects of biomonitoring, focusing mainly upon the inclusion of newly emerging concepts of environmental genomics, metabarcoding, and cheminformatics and biomarkers, among other technologies; helping to explore and establish a new outlook for biomonitoring frameworks. This book compiles all aspects of biomonitoring including traditional and modern techniques, using a multidimensional approach without focusing on any specific pollutant. Most biomonitoring programs implemented until now have focused more on traditional methods. This book covers new approaches to biomonitoring that could improve on the currently limited capabilities of existing schemes. The book highlights the possible scope for enriching existing datasets and characterizing biodiversity in situ in a far more complete way than has been possible previously. New Paradigms in Environmental Biomonitoring Using Plants will be important for researchers, academics, postgraduates and undergraduate students in environmental, plant, crop and soil sciences, to provide up-to-date and emerging technologies in biomonitoring for environmental assessment, leading to a new vision of biomonitoring. It will also be helpful for risk assessment professionals and stakeholders involved in planning the future biomonitoring programs.
This book analyses gender-based offences on the Internet from the perspective of international human rights law, interwoven with rights theories and feminist legal theories. It investigates whether international human rights law is applicable in regulating harmful online conduct and speech, with a focus on sexual violence, various forms of harassment, sexist hate speech and harmful pornography. This involves assessing whether gender-based online offences are considered violations of international human rights law and - if they are recognised as such explicitly or by way of interpretation - the extent of state obligations. The book reviews a range of international law sources, such as selected international human rights law treaties, case law, soft-law documents and academic scholarship. The application of general human rights law provisions to the online sphere is evaluated by considering the online/offline coherence of provisions as well as potential gaps, inconsistencies and disadvantages that exist in the regulation of online gender-based offences. The makeup, aim and effect of social spheres, areas of law and legal principles are thus assessed in relation to gender and the Internet. Aspects discussed include the architecture of the Internet, the structure of public international law, the harm principle as employed in domestic law and international human rights law, and the scope of particular rights, mainly involving the freedom of expression and the right to privacy. Working from the premise that the transposition of international human rights law to the Internet must ensure the former's functionality and effectiveness, the book argues that a contextual application of rights is called for. This requires assessing what is harmful online - including the effects of online speech and conduct - and what are effective means of regulating liability on the Internet. In turn, such assessments require a gender-sensitive approach.
In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences-economic history, anthropology, and sociology-yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers.
Diagnosis of death by neurological criteria (DNC) is a construct which has been part of the British medico-legal landscape for nearly half a century. This book examines the factors behind its emergence, and discusses the various changes that took place in the last few decades that culminated in the current definition and clinical criteria for determining brain-based death. It highlights the continuities and discontinuities in practice, and the impact they have on the issue of withdrawal of mechanical ventilation in intensive care units and on the field of organ transplantation. The book also explores the law's response to the introduction and development of DNC in clinical practice. It demonstrates how the legitimacy of the definition and criteria used by the medical profession were forged in the courtroom rather than in Parliament. It documents why case law were introduced in court, and assesses whether organ donation was a consideration in the deliberations. It will be emphasised that courts have given insufficient consideration to requests made in recent cases to consider a broader range of methods to determine death. Those pleas were made on the grounds that the definition and criteria used in the UK are dissimilar to those used in other jurisdictions that also adopt DNC; and that faith communities have a different understanding of death. By taking a close look at those other approaches before highlighting the inherent limitations of the courtroom as the forum that confers DNC its legitimacy, the book puts forward the argument that the democratic process should be engaged.
Re-imagines law as ecolaw. Proposes a new way to understand law, and pursues specific arguments to demonstrate the feasibility of law as ecolaw. Will appeal both to legal theorists and to others with interests in these areas.
The coronavirus pandemic struck unexpectedly, posing unprecedented challenges around the world. At the same time, this crisis also offers a unique opportunity for reflection, research, and insight regarding this and similar global and domestic crises. There is much to be learned from analysing the effects of the crisis. It provides a chance for a fresh scholarly examination of important aspects of legal regulation, policymaking, and more. This volume pursues these questions from a broad range of Law and Economics perspectives and is divided into two parts. The first part examines the immediate impact of and responses to the coronavirus crisis, while the second explores the future possibilities that scholarly analysis of this crisis can offer. As to the immediate impact and responses, questions of compliance with regulations and safety measures, nudging and decision-making with regard to the coronavirus crisis are examined from the perspective of behavioural economics. In addition, the short- and long-term effects of various emergency policy responses on contract law are studied. Current issues and challenges like the regulation of internet platforms, excessive pricing, the right to adequate food, risk and loss allocation, as well as remote learning and examinations, which have been impacted, brought about, complicated or aggravated by the coronavirus crisis, are analysed in depth. Lastly, future possibilities in the areas of data access rights, economic instability and the balance between political-economic interests and social interests, patenting, food labels and open data are illustrated.
A guide to real-world applications of The 2010 Americans with Disabilities Act Standards for Accessible Design "Applying the ADA" helps architects and developers understand better how the rules for eliminating barriers in the built environment apply to everyday life and how to best implement them in the design and construction of a broad variety of buildings and facilities. By showing how The 2010 Americans with Disabilities Act Standards for Accessible Design have been applied in various contexts and building types, this extensively illustrated guide helps readers quickly understand the requirements of the standards and how to apply them to both new construction and renovation. Written by an architect who consults regularly on accessibility issues for design professionals, building owners, and facility managers, this user-friendly guide features 100 photos and 150 drawings that take the guesswork out of applying the standards to real-world projects. Building types covered include: Healthcare and senior living facilities and hospitalsCollege and university facilitiesElementary and high schoolsHotels and other transient lodging facilitiesAmusement parks and play areasHistoric preservation and remodelsRetail and office spaces "Applying the ADA" is an indispensable resource for architects, interior designers, owners, developers, and facility managers. It is also important reading for students of architecture and interior design. |
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