Law Books

Book SynopsisHealth Rights is a multidisciplinary collection of seminal papers examining ethical, legal, and empirical questions regarding the human right to health or health care. The volume discusses what obligations health rights entail for governments and other actors, how they relate to and potentially conflict with other rights and values, and how cultural diversity bears on the formulation and implementation of health rights. The paramount importance of such questions is illustrated, among other things, by the catastrophic health situation in developing countries and current debates about the TRIPS Agreement and health care reform in the United States. The volume is divided into five main parts which focus on philosophical questions about the bases for the right to health or health care; links between health and human rights; global bioethics and public health ethics; intellectual property rights in pharmaceuticals; and finally health rights issues arising in specific contexts such as HIV/Trade Review'Selgelid’s and Pogge’s collection leads a well structured path through the complex matter of the foundations of health rights and the practical complexities that are encountered in their realization. Health Rights offers a useful and balanced insight into a debate that is philosophically and politically challenging, and ethically indispensable.' Medicine, Health Care and PhilosophyTable of ContentsContents: Introduction; Part I Philosophical Bases for the Right to Health and/or Healthcare: Equality and rights in medical care, Charles Fried; The right to health and the right to health care, Tom L. Beauchamp and Ruth R. Faden; Rights to health care and distributive justice: programmatic worries, Norman Daniels; The right to a decent minimum of health care, Allen E. Buchanan; Broadening the bioethics agenda, Dan W. Brock; The dark side of human rights, Onora O'Neill; Exploring the philosophical foundations of the human rights approach to international public health ethics, Kristen Hessler. Part II Links Between Health and Human Rights: Health and human rights, Jonathan M. Mann, Lawrence Gostin, Sofia Gruskin, Troyen Brennan, Zita Lazzarini and Harvey Fineberg; Health and human rights, Sofia Gruskin and Daniel Tarantola. Part III Global Bioethics and Public Health Ethics: Human rights, Stephen P. Marks; Medicine and public health, ethics and human rights, Jonathan M. Mann; Bioethics and international human rights, David C. Thomasma; Global disparities in health and human rights: a critical commentary, Solomon R. Benatar; The lingua franca of human rights and the rise of a global bioethic, Lori P. Knowles; New malaise: bioethics and human rights in the global era, Paul Farmer and Nicole Gastineau Campos; Improving global health: counting reasons why, Michael J. Selgelid. Part IV Intellectual Property Rights in Pharmaceuticals: Patents and medicines: the relationship between TRIPS and the human right to health, Philippe Cullet; Affordable access to essential medication in developing countries: conflicts between ethical and economic imperatives, Udo Schüklenk and Richard E. Ashcroft; Patents and access to drugs in developing countries: an ethical analysis, Sigrid Sterckx; Medicines for the world: boosting innovation without obstructing free access, Thomas Pogge. Part V Health Rights in Context: HIV/AIDS, Tuberculosis, and Gender: Human rights and public health ethics: responding to the global HIV/AIDS pandemic, Jonathan Cohen, Nancy Kass and Chris Beyrer; Structural barriers and human rights related to HIV prevention and treatment in Zimbabwe, J.J. Amon and T. Kasambala; Tuberculosis control and directly observed therapy from the public health/human rights perspective, A.K. Hurtig, J.D.H. Porter and J.A. Ogden; Gender, health and human rights, Rebecca J. Cook; The incompatibility of the United Nations' goals and conventionalist ethical relativism, Loretta M. Kopelman; Name index.

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Book SynopsisThis volume brings together leading research articles in to the theory, research findings and applications of modern dispute resolution. The articles relate to a wide variety of settings and cover the primary processes of negotiation, mediation and arbitration, as well as exploring combinations and hybridization of those processes. Also included are articles on the search for ''value-added'' or ''pie-expanding'' creative solutions; the choosing of strategies, based on game theory, economics and social and cognitive psychology; how foundational theories have been altered or modified, depending on contexts, and numbers of parties and issues; and what issues are raised by the ''privatization of justice''. The articles span both the ''science'' and ''art'' of dispute resolution, consider the relationship of peace to justice and include both empirical (descriptive) and normative (prescriptive) assessments of how these processes of dispute resolution function.Table of ContentsContents: Introduction; Part I Foundations of Negotiation Theory and Practice: Toward another view of legal negotiation: the structure of problem solving, Carrie Menkel-Meadow; Chronicling the complexification of negotiation theory and practice, Carrie Menkel-Meadow; Why negotiations fail: an exploration of barriers to the resolution of conflict, Robert H. Mnookin; Shattering negotiation myths: empirical evidence on the effectiveness of negotiation style, Andrea Kupfer Schneider; When not to negotiate: a negotiation imperialist reflects on appropriate limits, Robert H. Mnookin; Machiavelli and the Bar: ethical limitations on lying in negotiation, James J. White; Negotiating with lawyers, men and things: the contextual approach still matters, Carrie Menkel-Meadow; Let's not make a deal: an empirical study of decision making in unsuccessful settlement negotiations, Randall L. Kiser, Martin A. Asher and Blakeley B. McShane. Part II Foundations of Mediation Theory and Practice: Mediation - its form and functions, Lon L. Fuller; Post-settlement settlements, Howard Raiffa; The many ways of mediation: the transformation of traditions, ideologies, paradigms, and practices, Carrie Menkel-Meadow; Mediation as parallel seminars: lessons from the student takeover of Columbia University's Hamilton Hall, Carol B. Liebman; Lawyers' representation of clients in mediation: using economics and psychology to structure advocacy in nonadversarial settings, Jean R. Sternlight; Mediator orientations, strategies and techniques, Leonard L. Riskin; Family mediation: the development of the regulatory framework in the United Kingdom, Marian Roberts; Nature preserve: the loop of understanding, Gary Friedman and Jack Himmelstein; Lawyer negotiations: theories and realities - what we learn from mediation, Carrie Menkel-Meadow; Environmental mediation and the accountability problem, Lawrence Susskind. Part III Foundations and Issues in Arbitration and Hybrid Processes: Is the US out on a limb? Comparing the US approach to mandatory consumer and employment arbitration to that of the rest of the world, Jean R. Sternlight; Pursuing settlement in an adversary culture: a tale of innovation co-opted or 'the law of ADR', Carrie Menkel-Meadow; Part IV Coda: Coda; Name index.

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Book SynopsisIn recent years, the changing nature of audiovisual services has had a significant impact on regulatory policy and practice. The adoption of digital technology means that broadcasting, cable, satellite, the Internet and mobile telephony are converging, enabling each of them to deliver the same kinds of content and allowing users to exercise much greater choice over the kind of material that they receive and when they receive it. The essays examine the implications for regulatory design, asking whether there is still a role for traditional-style state controls, or whether other techniques, such as competition in the market and self-regulation, are more appropriate. They also explore how, in the digital era, structural issues of media ownership and control become problems of access and interconnection between services and how content regulation focuses more on problems raised by the interactions between providers and users, the relationship between freedom of information and technologiesTable of ContentsContents: Introduction; Part I Convergence and Regulation: New challenges for European multimedia policy: a German perspective, Wolfgang Hoffmann-Riem; Regulatory convergence? Douglas W. Vick. Part II Techniques of Regulation: Television and the public interest, Cass R. Sunstein; Self regulation and the media, Angela J. Campbell; Controlling the new media: hybrid responses to new forms of power, Andrew Murray and Colin Scott; Shielding children: the European way, Michael D. Birnhack and Jacob H. Rowbottom. Part III Structural Regulation: Media Concentration and Ownership: Rethinking European Union competence in the field of media ownership: the internal market, fundamental rights and European citizenship, Rachael Craufurd Smith; The goal of pluralism and the ownership rules for private broadcasting in Germany: re-regulation or de-regulation? Peter Humphreys; Architectural censorship and the FCC, Christopher S. Yoo; Media structure, ownership policy, and the 1st Amendment, C. Edwin Baker; Control over technical bottlenecks - a case for media ownership law?, Thomas Gibbons. Part IV Issues in Regulating New Media: The regulation of interactive television in the United States and the European Union, Hernan Galperin and François Bar; The 'right to information' and digital broadcasting: about monsters, invisible men and the future of European broadcasting regulation, Natali Helberger; Access to content by new media platforms: a review of the competition law problems, Damien Geradin; Television as something special? Content control technologies and free-to-air TV, Andrew T. Kenyon and Robin Wright; Yahoo! Cyber-collision of cultures: who regulates?, Horatia Muir Watt; Spectrum auctions: yesterday's heresy, today's orthodoxy, tomorrow's anachronism: taking the next step to open spectrum access, Eli Noam; Spectrum flash dance: Eli Noam's proposal for 'open access' to radio waves, Thomas W. Hazlett; Name Index.

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