"The Deskbook of Art Law" offers commentary on the purchase, protection and preservation of fine and applied art, addressing the effect that the established definitions have on laws, regulations, and endorsements. This insightful work can help guard against seizure, loss, prosecution, and embarrassment by ensuring the strength of contracts, the validity of claims, and the ownership of rights. It is updated approximately two times per year.

Estimating the Human Cost of Transportation Accidents: Methodologies and Policy Implications discusses the estimation methods needed to determine the monetary value of loss of life and quality of life when evaluating transportation safety programs, policies and projects. In addition, it highlights how to overcome the many challenges researchers face in choosing the right values, including estimating loss of life and life quality, examining strengths and weaknesses, and critically analyzing social costs and implications. This book will allow researchers to better formulate accurate social costs, select safety improvement values, and understand limitations.

This book takes a close look at the Court of Arbitration for Sport (CAS), challenging existing claims and answering previously unanswered questions, by considering all of its publicly available decisions, both in its entirety as a body of jurisprudence and on a case-by-case level. It also investigates the actors involved in adjudication before the CAS, both the parties that bring disputes before the CAS and the arbitrators that resolve them, and in so doing establish precedents that govern sports generally. While the book relies upon and includes more traditional legal theory and analysis, it combines this with an empirical analysis of a large portion of the CAS's decisions. Hereby it relies upon and relates to the theory of the development of a transnational legal order in sports, the lex sportiva. The publication is targeted at and will benefit those professionally working in or interested in the fields of sports law, arbitration law, transnational law, or empirical legal studies. Johan Lindholm is a Professor of Law at Umea University in Sweden.

This easy-to-read book explains the nuts and bolts of the Mental Capacity Act 2005 that clinicians need to understand and use in their daily practice. This Act now gives all clinicians the authority to provide medical care and treatment for people over 16 years of age who lack the capacity to consent for themselves. It covers: how to assess whether a person lacks capacity and how to clarify the threshold of decision-making incapacity; the range, scope and limitations of the various authorities to treat (including 'best interests' decisions, advance decisions and lasting powers of attorney); the range of safeguards in place (such as the Deprivation of Liberty Safeguards (DoLs), the Court of Protection and Independent Mental Health Advocates); and relevant aspects of the Human Rights Act 1998, the Mental Health Act (including all recent amendments) and illustrative case law. There have been numerous developments in case law in the two years since the first edition. The second edition expands on clinically relevant issues from the courts, and assists in bridging the gap between court judgments and the frontline clinician.

In this book, the protection of personal data is compared for eight EU member states,namely France, Germany, the United Kingdom, Ireland, Romania, Italy, Sweden andthe Netherlands. The comparison of the countries is focused on government policiesfor the protection of personal data, the applicable laws and regulations, implementationof those laws and regulations, and supervision and enforcement. Although the General Data Protection Regulation (GDPR) harmonizes the protectionof personal data across the EU as of May 2018, its open norms in combination withcultural differences between countries result in differences in the practical implementation,interpretation and enforcement of personal data protection. With its focus on data protection law in practice, this book provides indepth insightsinto how different countries deal with data protection issues. The knowledge and bestpractices from these countries provide highly relevant material for legal professionals,data protection officers, policymakers, data protection authorities and academicsacross Europe. Bart Custers is Associate Professor and Director of Research at the Center for Law andDigital Technologies of the Leiden Law School at Leiden University, the Netherlands.Alan M. Sears, Francien Dechesne, Ilina Georgieva and Tommaso Tani are all affiliated tothat same organization, of which Professor Simone van der Hof is the General Director.

This book exists at the intersection of two complementary and conflicting perspectives, law and biology. From the vantage point of both disciplines, Juris Zoology provides a comprehensive and realistic framework to objectively assess the role and significance of animals in American civil and criminal law. Contrasting the views of animal rights activists, Duckler examines animals in terms of their prehistory, history, biology, social utility, economic effect, and aesthetic value. Focusing on animal captivity, control, use, and value, Duckler refutes the proposal of granting animal's legal rights. The book offers a new and controversial voice to the national conversation on the propriety of animal rights, and would be of interest to lawyers, economists, sociologists, as well as scholars and professionals in animal-related fields.

Even though legal aid is available for people seeking asylum, there is uneven access to advice across Britain. Based on empirical research, this book offers fresh thinking on what has gone wrong in the legal aid market. It presents a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms. In doing so, this book examines supply and demand and illuminates what constitutes high-quality legal aid work/provision, subsequent conflicts with financial rationality and how practitioners resolve these issues. Challenging existing legal aid policy, this book presents innovative insights to ensure public service markets around the globe function well for all those involved.

This book provides an exhaustive presentation of all decisions in special education cases brought under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act hear by the U. S. Court of Appeals for 2020, presented by circuit. The book reviews all policy documents related to the education of students with disabilities issued by the US Department of Education. This will include Dear Colleague Letters, question and answer documents, and published letters to specific individuals. This book will provide a guide on how to read a case, a description of how a special education case progresses through the administrative and judicial system, the legal importance of policy documents, and websites for follow-up research related to special education law. If there is any major federal legislation during the year (e.g., reauthorization of the IDEA, restraint and exclusion legislation) that will also be addressed in this book. This book will be the comprehensive summary of the year in special education law, and will provide important information to graduate students in education, education administrators, teachers, and practicing attorneys regarding appropriate educational practices for students with disabilities. Additionally, we will follow each section on case law and policy implications for educators. We will be including figures, tables, & checklists.

This book offers a comprehensive examination of spatial and environmental governance in contemporary Bali. In the era of decentralisation, Bali's eight district governments and one municipality acquired a strong sense of authority to extract revenues from within their territorial borders while disregarding the impacts beyond them which has exacerbated environmental, cultural and institutional issues. These issues are addressed through reorganising space. In reality, however, such re-organisation has predominantly been in order to provide space for tourism investments and market expansion. The outcomes of reorganising space are in fact shaped by the dynamics of power that interface with increasingly complex legal and institutional structures. These complex structures provide more arenas for vested interests to manoeuvre, but at the same time provide different forms of legitimacy for local forces to challenge the dominant process. The book demonstrates the mechanisms through which social actors mobilise legal-institutional arrangements to advance their interests.

This research book is the first of its kind to conduct an interdisciplinary research on the recent and dramatic developments in China's music industries with a particular focus on business models, copyright protection, and artist compensation. The monograph explores and discusses proper business models through which revenue can be generated and maintained in a changing copyright climate and transforming business environment. It also discusses how musicians can be fairly compensated in the online platform economy informed by social entrepreneurship. This book is distinctive in the sense that it explores the intersection of cultural and creative industries, legal studies, business studies, and new media. It uses a qualitative and mixed-method approach to study business innovations and institutions in the making in the second largest economy which is also gaining cultural and political significance around the world.

This book, exploring the theoretical and practical implications of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), brings together an international and interdisciplinary group of leading researchers in the areas of philosophy of disability, disability law, and disability policy. It addresses both the philosophical foundations of the CRPD as well as complex contemporary legal and policy debates. With a comprehensive introduction outlining key milestones in the development and implementation of the CRPD, the book addresses the most fundamental questions the CRPD raises for the way we think about human rights, law, and disability, and how we operationalize rights in the legal and policy domains. The contributors traverse themes of personhood, equality, capacity, and intersectionality, explore the dilemmas involved in translating these concepts in practice, and reflect on the promises and limitations of the human rights project.

This book builds an empirical basis towards creating broader prevention and intervention programs in curbing digital piracy. It addresses the psychosocial, cultural and criminological factors associated with digital piracy to construct more efficient problem-solving mechanisms. Digital piracy including online piracy involves illegal copying of copyrighted materials. This practice costs the software industry, entertainment industry, and governments billions of dollars every year. Reports of the World Intellectual Property Organization (WIPO) and Business Software Alliance (BSA) view piracy largely in the light of economic factors; the assumption being that only those who cannot afford legitimate copies of software, music, and movies indulge in it. Drawing on research and theories from various disciplines like psychology, sociology, criminology, and law, the authors have designed an empirical study to understand the contribution of psychological, cultural and criminological factors to digital piracy. The chapters include data from India and China, which continue to be on the Special 301 report priority watch list of the WIPO, and Serbia, which has been on the watch list 4 times. They examine the role of self-control, self-efficacy, perceived punishment severity, awareness about digital piracy, peer influence, neutralization techniques, novelty seeking, pro-industry factors and other socio-demographic factors in predicting digital piracy. This book addresses a large readership, comprising academics and researchers in psychology, criminology and criminal justice, law and intellectual property rights, social sciences, and IT, as well as policymakers, to better understand and deal with the phenomenon of digital piracy.

The effects of COVID-19 are visited disproportionately on the already disadvantaged. This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root. Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.

This book argues that legal theory provides a jumping-off point for the study of controversial topics related to the work of Practicing Healthcare Ethicists (PHEs). Healthcare ethics consultation has had a place in healthcare for many decades yet the nature of the work is not well understood by many of its critics as well as its defenders. PHEs have been described as compromised and ineffectual, politicised and undemocratic, and their promise to offer sound advice has been deemed irredeemably incoherent in the context of value pluralism. Legal theorists have long attended to the relationship between law and morality, and the supposed tension between democracy and the role of an expert judiciary. An appreciation that these debates are not unique to the practice of healthcare ethics can help PHEs to engage critics with a renewed confidence and some fresh approaches to perennial, and hitherto unproductive, arguments. This book will be of great interest to practicing healthcare ethicists, as well as those who rely upon their services (healthcare professionals and healthcare leaders, patients, and their families) as well as academics working in the broader field of bioethics.

Within the United States, minority and low-income communities currently bear a disproportionate amount of risk associated with pollution and other harmful environmental practices. The environmental justice movement is working to change this fact, promoting the fair and non-discriminatory treatment of all people with respect to environmental issues, policies, and regulations. This fascinating and timely volume explores the relationship between environmental justice and the government, offering a comprehensive introduction to the legal, economic, and philosophical concerns involved in pursuing environmental justice goals within a federalist system.The authors discuss two case studies in their investigation of the complex interactions between environmental justice and government. These analyses offer a comprehensive view of both the siting and regulation of polluting activities, as well as a discussion of the effects on major natural resources such as clean air and drinking water. In each case, the authors both describe current government responses to the problem and offer specific recommendations regarding what actions should be taken in the future. This authoritative book will make an invaluable addition to courses in environmental law and policy. Professionals and policymakers working in disciplines such as law, economics, environmental science, philosophy and political science will also find this a comprehensive and critical reference. Contents: Preface 1. Federalism and the Pursuit of Environmental Justice 2. Establishing an EJ Claim of Disparate-Impact Discrimination 3. Clean Air, EJ, and Facility Siting in the Phoenix Metropolitan Area 4. Environmental Justice and Enforcement of the Safe Drinking Water Act: The Arizona Arsenic Experience 5. Environmental Federalism and Addressing EJ Concerns 6. Community Involvement and Substantive Environmental Justice 7. Environmental Justice in the U.S.: Looking Ahead References Appendices

This book presents valuable and recent lessons learned regarding the links between natural resources management, from a Socio-Ecological perspective, and the biodiversity conservation in Mexico. It address the political and social aspects, as well as the biological and ecological factors, involved in natural resources management and their impacts on biodiversity conservation. It is a useful resource for researchers and professionals around the globe, but especially those in Latin American countries, which are grappling with the same Bio-Cultural heritage conservation issues.

This book argues that large corporations need to implement governance practices and processes that make them better innovators and that the challenge is to identify organizational principles and practices that provide the best chance of delivering innovative products to create a meaningful consumer experience. In this context, it is important to recognize that when we address organizational forms, we are not thinking of corporate governance in the sense of managing agency costs and ensuring regulatory compliance, but the more pressing business task of putting in place organizational systems and processes that facilitate value creation through continued and sustained innovation. The book examines how the contemporary concept and discourse of corporate governance may be obsolete or, at least, is increasingly disconnected from the needs and realities of the most innovative firms today. The concept of organizing for innovation-identifying process and practices that deliver the best opportunities for innovation-needs to take centre stage. This book aims to contribute to the nascent debate in this area by bringing together a series of chapters that examine various issues related to organizing for innovation.

Like all industrialized countries, China is experiencing increased land contamination in recent years. Abandoned mining and manufacture sites and obsolete industrial complexes, while also creating new polluting industrial enterprises, are presenting impending environmental threats. More importantly, a number of social and economic problems have developed and must be dealt with, in some cases, as a matter of urgency in China. Contaminated land laws and regulations have been established and have evolved in the US and UK and many other jurisdictions over the past decades. Those regimes have substantially influenced the relevant legislation in the context of numerous Asian and European countries and will inevitably benefit the similar legislative efforts of China. This book is the first monograph which focuses on how China can learn from the US and UK with respect to the contaminated land legislation and demonstrates the whole picture of how contaminated land law would be created in China. It will be of interest to academics and practitioners in environmental law in China, as well as the US and UK.

In the EU public services, utilities and welfare services can be seen as both building blocks for the internal market and as a persistent irritant in the integration process. This book provides a comprehensive overview of the EU law on public services within the context of European integration. It brings together important analysis of the primary Treaty law, mainly on the internal market and competition, and of the secondary legislation at EU level, including different sector specific regimes. Particular attention is given to case law of the EU courts. This will be essential reading for those looking to have a broader understanding of the subject.

The privacy concerns discussed in the 1990s in relation to the New Genetics failed to anticipate the relevant issues for individuals, families, geneticists and society. Consumers, for example, can now buy their personal genetic information and share it online. The challenges facing genetic privacy have evolved as new biotechnologies have developed, and personal privacy is increasingly challenged by the irrepressible flow of electronic data between the personal and public spheres and by surveillance for terrorism and security risks. This book considers the right to know and the right not to know about your own and others' genomes. It discusses new privacy concerns and developments in ethical thinking, with the greater emphasis on solidarity and equity. The multidisciplinary approach covers current topics such as biobanks and forensic databases, DIY testing, group rights and accountability, the food we eat and the role of the press and the new digital media.

Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.

Law's ideas of nature appear in different doctrinal and institutional settings, historical periods, and political dialogues. Nature underlies every behavior, contract, or form of wealth, and in this broad sense influences every instance of market transaction or governmental intervention. Recognizing that law has embedded discrete constructions of nature helps in understanding how humans value their relationship with nature. This book offers a scholarly examination of the manner in which nature is constructed through law, both in the 'hard' sense of directly regulating human activities that impact nature, and in the 'soft' manner in which law's ideas of nature influence and are influenced by behaviors, values, and priorities. Traditional accounts of the intersection between law and nature generally focus on environmental laws that protect wilderness. This book will build on the constructivist observation that when considered as a culturally contingent concept, 'nature' is a self-perpetuating and self-reinforcing social creation.

Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole ("algorithmic governance"), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics ("governance of algorithms"). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.