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Refining Privacy in Tort Law
Par Patrick O'Callaghan. 2012
This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information…
tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.The Lawyer Bubble: A Profession In Crisis
Par Steven J. Harper. 2013
A noble profession is facing its defining moment. From law schools to the prestigious firms that represent the pinnacle of…
a legal career, a crisis is unfolding. News headlines tell part of the story--the growing oversupply of new lawyers, widespread career dissatisfaction, and spectacular implosions of pre-eminent law firms. Yet eager hordes of bright young people continue to step over each other as they seek jobs with high rates of depression, life-consuming hours, and little assurance of financial stability. The Great Recession has only worsened these trends, but correction is possible and, now, imperative. In The Lawyer Bubble, Steven J. Harper reveals how a culture of short-term thinking has blinded some of the nation’s finest minds to the long-run implications of their actions. Law school deans have ceded independent judgment to flawed U. S. News & World Report rankings criteria in the quest to maximize immediate results. Senior partners in the nation’s large law firms have focused on current profits to enhance American Lawyer rankings and individual wealth at great cost to their institutions. Yet, wiser decisions--being honest about the legal job market, revisiting the financial incentives currently driving bad behavior, eliminating the billable hour model, and more--can take the profession to a better place. A devastating indictment of the greed, shortsightedness, and dishonesty that now permeate the legal profession, this insider account is essential reading for anyone who wants to know how things went so wrong and how the profession can right itself once again.Does International Trade Need a Doctrine of Transnational Law?
Par Maren Heidemann. 2011
This paper looks at the current status and role of specific commercial contract law both national and international in view…
of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.Flipped Classrooms for Legal Education
Par Lutz-Christian Wolff, Jenny Chan. 2016
This book discusses comprehensively the use of Flipped Classrooms in the context of legal education. The Flipped Classroom model implies…
that lecture modules are delivered online to provide more time for in-class interactivity. This book analyses the pedagogical viability, costs and other resource-related implications, technical aspects as well as the production and online distribution of Flipped Classrooms. It compares the Flipped Classroom concept with traditional law teaching methods and details its advantages and limitations. The findings are tested by way of a case study which serves as the basis for the development of comprehensive guidelines for the concept's practical implementation. As Flipped Classrooms have become a very hot topic across disciplines in recent years, this book offers a unique resource for law teachers, law school managers as well as researchers in the field of legal education. It is a must-have for anyone interested in innovative law teaching methodologies.Grass Roots: The Rise and Fall and Rise of Marijuana in America
Par Emily Dufton. 2017
How earnest hippies, frightened parents, suffering patients, and other ordinary Americans went to war over marijuanaIn the last five years,…
eight states have legalized recreational marijuana. To many, continued progress seems certain. But pot was on a similar trajectory forty years ago, only to encounter a fierce backlash. In Grass Roots, historian Emily Dufton tells the remarkable story of marijuana's crooked path from acceptance to demonization and back again, and of the thousands of grassroots activists who made changing marijuana laws their life's work.During the 1970s, pro-pot campaigners with roots in the counterculture secured the drug's decriminalization in a dozen states. Soon, though, concerned parents began to mobilize; finding a champion in Nancy Reagan, they transformed pot into a national scourge and helped to pave the way for an aggressive war on drugs. Chastened marijuana advocates retooled their message, promoting pot as a medical necessity and eventually declaring legalization a matter of racial justice. For the moment, these activists are succeeding--but marijuana's history suggests how swiftly another counterrevolution could unfold.American Conservatism: NOMOS LVI (NOMOS - American Society for Political and Legal Philosophy #10)
Par Melissa S. Williams, Sanford V. Levinson, Joel Parker. 2016
The topic of American conservatism is especially timely—and perhaps volatile. Is there what might be termed an “exceptional” form of…
conservatism that is characteristically American, in contrast to conservatisms found in other countries? Are views that are identified in the United States as conservative necessarily congruent with what political theorists might classify under that label? Or does much American conservatism almost necessarily reflect the distinctly liberal background of American political thought? In American Conservatism, a distinguished group of American political and legal scholars reflect on these crucial questions, unpacking the very nature and development of American conservative thought. They examine both the historical and contemporary realities of arguments offered by self-conscious conservatives in the United States, offering a well-rounded view of the state of this field. In addition to synoptic overviews of the various dimensions of American conservative thought, specific attention is paid to such topics as American constitutionalism, the role of religion and religious institutions, and the particular impact of the late Leo Strauss on American thought and thinkers. Just as American conservatism includes a wide, and sometimes conflicting, group of thinkers, the essays in this volume themselves reflect differing and sometimes controversial assessments of the theorists under discussion.Humanity’s Children
Par Sonja C. Grover. 2012
This book addresses the phenomenon of children as the particular targets of extreme cruelty and genocide during armed conflict. Selected…
International Criminal Court cases are analyzed to illustrate the ICC's failure to address the genocidal forcible transfer of children to armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide. An original legal interpretation of children as a protected group in the context of the genocide provision of the Rome Statute is provided. The work also examines certain examples of the various modes in which armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide appropriate children and accomplish the genocidal forcible transfer of children to the perpetrator group. It is argued that the failure to prosecute the genocidal forcible transfer of children through the ICC mechanisms (where the Court has jurisdiction and the State has failed to meet its obligations in this regard) undermines the perceived gravity of this heinous international crime within the international community. Furthermore, this ICC failure to prosecute conflicts with the interests of justice and ultimately results in an erosion of the respect for the personhood and human dignity of children.Regulating Human Embryonic Stem Cell in China
Par Li Jiang. 2016
The general scope of the book is the patentability and morality of human embryonic stem cell research in US, EU…
and China. The book observes fraudsters operate unsafe human embryonic stem cell therapies and officialdom turns a blind eye to the immoral human embryonic stem cell research in China. The book highlights that both patent control and federal funding control are inefficient and ineffective way to monitoring human embryonic stem cell research. The book finally proposed an approach for china to regulating human embryonic stem cell research-regulating research itself at the reconciled international regime. The potential reader includes academics and practitioners dealing with intellectual property, patent law and stem cell inventions. The topic discussed will also be interesting to a broad readership, including experts, regulators, policy makers and medical researchers in both ethical and legal disciplines in the field of embryonic stem cell research.Social Media as Evidence
Par Joshua Briones, Ana Tagvoryan. 2013
Giving Reasons
Par Lilian Bermejo Luque. 2010
This book provides a new, linguistic approach to Argumentation Theory. Its main goal is to integrate the logical, dialectical and…
rhetorical dimensions of argumentation in a model providing a unitary treatment of its justificatory and persuasive powers. This model takes as its basis Speech Acts Theory in order to characterize argumentation as a second-order speech act complex. The result is a systematic and comprehensive theory of the interpretation, analysis and evaluation of arguments. This theory sheds light on the many faces of argumentative communication: verbal and non-verbal, monological and dialogical, literal and non-literal, ordinary and specialized. The book takes into consideration the major current comprehensive accounts of good argumentation (Perelman's New Rhetoric, Pragma-dialectics, the ARG model, the Epistemic Approach) and shows that these accounts have fundamental weaknesses rooted in their instrumentalist conception of argumentation as an activity oriented to a goal external to itself. Furthermore, the author addresses some challenging meta-theoretical questions such as the justification problem for Argumentation Theory models and the relationship between reasoning and arguing.The Cure in the Code: How 20th Century Law is Undermining 21st Century Medicine
Par Peter W. Huber. 2013
Never before have two revolutions with so much potential to save and prolong human life occurred simultaneously. The converging, synergistic…
power of the biochemical and digital revolutions now allows us to read every letter of life's code, create precisely targeted drugs to control it, and tailor their use to individual patients. Cancer, diabetes, Alzheimer's and countless other killers can be vanquished-if we make full use of the tools of modern drug design and allow doctors the use of modern data gathering and analytical tools when prescribing drugs to their patients.But Washington stands in the way, clinging to outdated drug-approval protocols developed decades ago during medicine's long battle with the infectious epidemics of the past. Peter Huber, an expert in science, technology, and public policy, demonstrates why Washington's one-size-fits-all drug policies can't deal with diseases rooted in the complex molecular diversity of human bodies. Washington is ill-equipped to handle the torrents of data that now propel the advance of molecular medicine and is reluctant to embrace the statistical methods of the digital age that can. Obsolete economic policies, often rationalized as cost-saving measures, stifle innovation and suppress investment in the medicine that can provide the best cures at the lowest cost.In the 1980s, an AIDS diagnosis was a death sentence, until the FDA loosened its throttling grip and began streamlining and accelerating approval of life-saving drugs. The Cure in the Code shows patients, doctors, investors, and policy makers what we must now do to capture the full life-saving and cost-saving potential of the revolution in molecular medicine. America has to choose. At stake for America is the power to lead the world in mastering the most free, fecund, competitive, dynamic, and intelligent natural resource on the planet-the molecular code that spawns human life and controls our health.Limits of Patentability
Par Ulrich Storz, Andreas Hübel, Aloys Hüttermann. 2012
SpringerBriefs in Biotech Patents presents timely reports on intellectual properties (IP) issues and patent aspects in the field of biotechnology.…
In this volume the limits of patentability are addressed, a question that is often raised when it comes to biotechnological inventions: The first section addresses current issues in the patentability of plants produced by essentially biological processes including the controversy between farmer's privilege and patent exhaustion with respect to seeds in the US. The second section examines the patentability of human embryonic stem cells in Europe and the US, also considering alternative technologies with respect to their practicability and patentability. The third section focuses on the patentability of genes and nucleic acids, especially the issue of patenting of encoding genes and nucleic acids.Ethical Challenges in Genomics Research
Par Paula Boddington. 2011
New developments in science and technology have resulted in shifting ethical challenges in many areas including in genomics research. This…
book enables those who are involved in genomics research, whether as researcher, participant or policy maker, to understand the ethical issues currently developing in this field and to participate actively in these important debates. A clear account is given of how science and technology are outstripping the capacity of previous ethical regulations to cope with current issues, together with practical illustrations of possible ways forward. Key ethical ideas are presented, drawing on the history of research regulation and on an account of the particular challenges arising in the field of genomics. The book uses a grounded, practical approach to explaining ethical concepts and issues which is geared to enhancing interdisciplinary dialogue. Its broad approach to ethical issues includes relevant considerations from social psychology and there is a particular emphasis on understanding the problems of ethical regulations and practice in the institutional and social context of research. A glossary and numerous text boxes explaining relevant terms and key ideas help to make the work an invaluable resource for both beginners and experts in the field.Exclusive Use in an Inclusive Environment
Par Philip De Man. 2016
This book aims to find a workable interpretation of the non-appropriation principle that is compatible with both the existing international…
space law framework and the move of the private space industry towards the mining of asteroids and other celestial bodies. It does so by analysing the rules on the use of orbits as limited natural resources as a concrete indication of how space resources can be exploited by one user while respecting the non-appropriation principle and the interests of other users in space. This analysis is complemented by a thorough review of the meaning of property rights in the context of the existing international space law regime. This allows the author to distinguish between the lawful exploitation and unlawful appropriation of resources in a manner that could pave the way for a workable asteroid mining regime that takes into account the needs of individual companies and the international community. Exclusive use in an inclusive environment frames the legal regime of the exploitation of natural resources in outer space as the most pressing example to date of the tension that arises between the rights of a single spacefaring actor and the interests of the broader international community. Though academic in its approach in dealing with one of the most fundamental issues of space law to date, the book has very practical ambitions. By offering a pragmatic interpretation of the space law principles that are likely to remain the legal foundations of asteroid mining for the foreseeable future, Exclusive use in an inclusive environment hopes to inform academics, practitioners and policymakers alike in their future attempts at working out a fair, equitable and effective management regime for the exploitation of natural resources in outer space.European Ship Recycling Regulation
Par Urs Daniel Engels. 2012
This study provides an in-depth analysis of the Hong Kong Ship Recycling Convention as adopted in May 2009 and a…
thorough analysis of the overall status quo of ship recycling regulations. It investigates the lack of sufficient ratifications of the Convention from both a legal and an economic perspective. The first part of the study focuses on the history of the Convention's entry-into-force provision and the rationale behind it. Due to the fact that this provision provides a considerable additional obstacle to the Convention's becoming legally binding, in the second part the focus of the work shifts to unilateral action in this field. An overview of the legal environment of European ship recycling legislation is followed by an analysis and evaluation of a number of proposals by the European Commission attempting to tackle the problems of current ship recycling procedures. With a particular emphasis on (planned) European measures in this regard, the analysis' overall message is one of cautious optimism.Judicial Review of Legislation
Par Gerhard van der Schyff. 2009
Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example.…
Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review's justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.The Law of Business Organizations: A Concise Overview of German Corporate Law
Par Martin Schulz, Oliver Wasmeier. 2012
This book gives a concise introduction to the German law of business organizations and is meant to help business practitioners…
and international students to familiarize themselves with its key concepts and legal issues. After outlining some characteristic features of the German legal system the book describes the various types of German business organizations with a special focus on the German Limited Liability Company (GmbH) and the German Stock Corporation (AG). The book discusses some typical problems faced by companies engaged in cross-border activities and also provides a brief outline of some recent developments in European company law with a special focus on the new multinational corporate form of the European Company (SE).The Planning Theory of Law
Par Damiano Canale, Giovanni Tuzet. 2012
This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that…
took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro's Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The contributions clearly highlight the difference of the continental and civil law perspective from the common law background of Shapiro but at the same time the volume tries to bridge the gap between the two. The essays provide a critical reading of the planning theory of law, highlighting its merits on the one hand and objecting to some parts of it on the other hand. Each contribution discusses in detail a chapter of Shapiro's book and together they cover the whole of Shapiro's theory. So the book presents a balanced and insightful discussion of the arguments of Legality.Environmental Change and Food Security in China
Par Jenifer Huang Mcbeath, Jerry Mcbeath. 2010
With 22 percent of the world's population but only 7 percent of its arable land, China's food situation is a…
matter of global concern. This volume is the first to introduce comprehensively the threats to China's system of food production, distribution, and consumption. It analyzes broad challenges of population growth, urbanization, and extraordinarily rapid economic development. Then it focuses on degradation of China's land, water and air, water sufficiency, and evidence of climate change effects as they adversely affect the food system. The study investigates plant diseases and pests which take a large toll on agricultural production and also considers alien invasive species. Normal bureaucratic routines of agricultural, land, water, climatological, and environmental agencies are inadequate to counter these challenges, and the regime has launched large projects (e.g., the South-North Water Diversion Project) and conducted national campaigns (e.g., re- and afforestation programs) which are unprecedented in their scope. Also, China has invested more heavily in agricultural biotechnology research than any other developing country. These responses have insured self-sufficiency in food staples to the present. The volume evaluates several future problems and issues in China's approach to food security. Despite attempts to tighten coordination of policy and improve enforcement, as seen in efforts to resolve the tainted products crisis of 2007, the increased autonomy of local governments often frustrates green and clean ambitions of the state. Although the regime has tolerated environmental and other NGOs, allowed the media greater latitude to report bad news, and permitted protests that do not challenge the communist party's authority, still civil society is weak. While economic development has lifted more than 200 million from poverty, rural/urban inequality increases, pushing the poor into China's cities, and access to food remains a problem for many.Ethics in Psychiatry: European Contributions
Par Hanfried Helmchen, Norman Sartorius. 2010
Ethics in Psychiatry: (1) presents a comprehensive review of ethical issues arising in psychiatric care and research; (2) relates ethical…
issues to changes and challenges of society; (3) examines the application of general ethics to specific psychiatric problems and relates these to moral implications of psychiatry practice; (4) deals with recently arising ethical problems; (5) contains contributions of leading European ethicists, philosophers, lawyers, historians and psychiatrists; (6) provides a basis for the exploration of culture-bound influences on morals, manners and customs in the light of ethical principles of global validity.