Social law and Medical law Books

Book SynopsisThis book considers how societal influences, such as religion, nationalism and culture, impact abortion law and access. It provides an accessible, informative and engaging text for academics, policy makers and readers interested in abortion politics.Trade Review"This book makes a significant contribution to our understanding of the global politics of abortion, and to shaping our advocacy strategies. It shows how reproductive justice helps to bridge the gap between the Global North and South." Marlene Gerber Fried, Professor of Philosophy and Director, Hampshire College"With clarity and an impressively wide reach, this book shows how abortion politics are shaped by local contexts but connected by broader, global contexts about morality, equality, control and reproductive freedom. An indispensable addition to the scholarship." Fiona de Londras, Law School, University of BirminghamTable of ContentsIntroduction Criminalisation The biomedicalisation of abortion Abortion discourses: Religion, culture, nation International interventions Activism Is choice enough? Engaging with reproductive justice Conclusion

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Book SynopsisThe central focus of this collection of essays is the role and place of freedom of religion in the protection and promotion of world order. The volume offers competing models of world order from a global perspective and highlights the lack of consensus and considerable variety of practice and belief around the globe as to the definition of religious freedom and where and whether freedom of religion is regarded as the first freedom in the world. The leading theories of freedom of religion are discussed and provide an understanding of freedom of religion beyond the nation state. The liberal view at the global level is also examined and observations are included regarding the need to rethink secularism in the light of present circumstances and within the global context.Table of ContentsContents: Introduction. Part I Theories of Freedom of Religion: Local or Global?: Does it matter what religion is?, Christopher L. Eisgruber and Lawrence G. Sager; Equal liberty, nonestablishment, and religious freedom, Cécile Laborde; Freedom of conscience as religious and moral freedom, Michael J. Perry; A new global paradigm for religious freedom, Rafael Domingo; Religious freedom, American-style, Elizabeth Shakman Hurd. Part II Freedom of Religion around the Globe: Freedom of Religion in Asia: Hegemony, imperialism, and the construction of religion in East and Southeast Asia, Thomas David Dubois; Religious renaissance in China today, Richard Madsen; Secularization theories and the study of Chinese religions, Michael Szonyi; ‘Smash temples, build schools’: comparing secularism in India and China, Peter van der Veer; State and religious diversity: can something be learnt from the Indian model of secularism?, Rajeev Bhargava; A leap of faith: the construction of Hindu majoritarianism through secular law, Ratna Kapur. Freedom of Religion in Islam/Middle East: Religious freedom in Islam: a global landscape, Daniel Philpott; Judging in God’s name: state power, secularism and the politics of Islamic law in Malaysia, Tamir Moustafa; Juristocracy vs. theocracy: constitutional courts and the containment of sacred law, Ran Hirschl; Immunity or regulation? Antinomies of religious freedom, Saba Mahmood and Peter G. Danchin. Freedom of Religion in Europe: From Communist to Muslim: European human rights, the Cold War and religious liberty, Samuel Moyn; Eurasian integration and the clash of values, Alexander Lukin; Chaos in Ukraine: the churches and the search for leadership, Nicholas E. Denysenko. Part III Case Studies: Peace at daggers drawn? Boko Haram and the state of emergency in Nigeria, Daniel E. Agbiboa; From social hostility to social media: religious pluralism, human rights and democratic reform in Africa, M. Christian Green; Global tangles: laws, headcoverings and religious identity, Seval Yildirim; Case studies: Japan, Brazil and Nigeria, Brian J. Grim. Part IV Global Secularism: is a Fundamental Re-Definition of Secularism Necessary?: How to define secularism, Charles Taylor; Secularism: its content and context, Akeel Bilgrami. Name index.

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Book SynopsisThis volume deals with the domestic effects of judgments of the European Court of Human Rights as a challenge to the various levels of legal orders in Europe. The starting point is the divergent impact of the ECtHR's jurisdiction within the Convention States. The volume seeks new methods of orientation at the various legal levels, given the fact that the Strasbourg case law is increasingly important for most areas of society. Topical tendencies in the case law of the Court are highlighted and discussed against the background of the principle of subsidiarity. The book includes a detailed analysis of the scope, reach, consequences and implementation of the Court's judgments and of the issue of concomitant damages. At the same time the volume deals with the role of domestic jurisdictions in implementing the ECtHR's judgments. Distinguished Judges, legal academics and practitioners from various Council of Europe States are among the contributors to this volume, which succeeds in bringing dTable of ContentsJudgments of the European Court of Human Rights - Effects and Implementation

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Book SynopsisSex for Sale in Scotland examines the various methods that were used to police female prostitution in Edinburgh and Glasgow between 1900 and 1939, with particular emphasis on the experiences of the women involved.

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Book SynopsisSex for Sale in Scotland examines the various methods that were used to police female prostitution in Edinburgh and Glasgow between 1900 and 1939, with particular emphasis on the experiences of the women involved.

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Book SynopsisUnderstanding Victimology: An Active-Learning Approach explains what the field of victimology isâincluding its major theoretical perspectives and research methodsâand provides insight into the dynamics of various offline and online crimes from the victimsâ vantage point. It is the only textbook to provide numerous innovative active learning exercises to enhance and reinforce student learning, and it addresses important contemporary topics that have thus far not been covered by other victimology texts, including identity theft, hate crimes, and terrorism. This unique and relevant work is ideal for students, academics, and practitioners who are interested in a comprehensive introduction to victimology.Trade Review'This is the most dynamic victimology text on the market. It is truly intersectional and comprehensive in its treatment of victims, contains hands-on active learning exercises that increase understanding and empathy, and provides great information for future practitioners of every stripe. I've been looking for this text for 20 years.' – Elicka Peterson Sparks, Department of Government and Justice Studies, Appalachian State UniversityTable of Contents 1. Introduction to Victimology. 2. Theories of Victimization. 3. Victims’ Rights and Remedies. 4. Hybrid and Online Victimization. 5. Personal and Property Victimization. 6. Rape, Sexual Assault, and Kidnapping. 7. Intimate Partner Violence. 8. School and Work Victimization. 9. Victimization of Special Populations. 10. Hate Crimes and Terrorism.

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Book SynopsisMost workers on temporary, zero hours and involuntary part-time contracts in the UK are women. Many are also carers. Yet employment law tends to exclude such women from family-friendly rights. Drawing on interviews with women in precarious work, this book exposes the everyday problems that these workers face balancing work and care. It argues for stronger and more extensive rights that address precarious workers’ distinctive experiences. Introducing complex legal issues in an accessible way, this crucial text exposes the failures of family-friendly rights and explains how to grant these women effective rights in the wake of COVID-19.Trade Review"Emily Grabham’s vivid portrayal of women’s struggle to care for their families and to survive on precarious work offers a fresh and compelling approach to family friendly rights." Judy Fudge, McMaster UniversityTable of Contents1. Introduction 2. Starting and Surviving in Precarious Work 3. Providing Care: Daily Routines and Experiences 4. Care Networks 5. “Rocking the Boat”: Talking About Care in a Precarious Job 6. How Employers Responded 7. What Women Did Next 8. Care-Friendly Rights for Precarious Workers Appendix: How the Research Was Conducted

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Book Synopsis"Our calling is to drop our egos, commit to removing barri­ers, and treat our learners with the unequivocal respect and dignity they deserve." --Mirko Chardin and Katie Novak When it comes to the hard work of reconstructing our schools into places where every student has the opportunity to succeed, Mirko Chardin and Katie Novak are absolutely convinced that teachers should serve as our primary architects. And by "teachers" they mean legions of teachers working in close collaboration. After all, it’s teachers who design students’ learning experiences, who build student relationships . . . who ultimately have the power to change the trajectory of our students’ lives. Equity by Design is intended to serve as a blueprint for teachers to alter the all-too-predictable outcomes for our historically under-served students. A first of its kind resource, the book makes the critical link between social justice and Universal Design for Learning (UDL) so that we can equip students (and teachers, too) with the will, skill, and collective capacity to enact positive change. Inside you’ll find: Concrete strategies for designing and delivering a culturally responsive, sustainable, and equitable framework for all students Rich examples, case studies, and implementation spotlights of educators, students (including Parkland survivors), and programs that have embraced a social justice imperative Evidence-based application of best practices for UDL to create more inclusive and equitable classrooms A flexible format to facilitate use with individual teachers, teacher teams, and as the basis for whole-school implementation "Every student," Mirko and Katie insist, "deserves the opportunity to be successful regardless of their zip code, the color of their skin, the language they speak, their sexual and/or gender identity, and whether or not they have a disability." Consider Equity by Design a critical first step forward in providing that all-important opportunity. Also From Corwin: Hammond/Culturally Responsive Teaching & the Brain: 9781483308012 Moore/The Guide for White Women Who Teach Black Boys: 9781506351681 France/Reclaiming Professional Learning: 9781544360669 Trade Review"Many teachers and educators are struggling with the concept that ′teaching is a political act.′ Many want to know, "′s that my responsibility to teach about social issues that are often controversial?′ Equity by Design will allow educators to be reflective and introspective. It is a practical, realistic and useful guide and workbook." -- Paul Forbes"Social justice should be the pursuit of every school, institution, organization and individual. The authors have demonstrated how UDL (Universal Design for Learning) can be the technique by which social justice is achievable. Their text makes clear that simply having a social justice lens or desire is insufficient; action is what is needed. From culturally responsive teaching, to restorative justice, to the design process, to navigating holidays, Novak and Chardin provide clear rationales, practical strategies, explicit examples, and next step actions for every educator interested in a just society." -- Wendy Murawski"Equity by Design is critically relevant for educators of today’s youth, the leaders of our future global society, to understand how our work influences their place in the world." -- Lisa Graham"This book offers a powerful and concrete pathway for educators to incorporate social justice in curriculum development, teaching strategies and practices. Readers meet an array of educators who put these ideas into practice and learn many ideas for creating an equitable and inclusive school." -- Becki Cohn-Vargas"Equity by Design will promote usefulness for teachers and students through its research based foundation and practical applications. It is thought provoking!" -- Melanie Sitzer Hedges"Equity by Design is a must-read for anyone engaged in educating young people. It does a phenomenal job of identifying the barriers that many students face, as well as how educators can help students overcome these barriers." -- Melissa Miller"Now, more than ever, equitable education is of the utmost importance. Equity by Design is a great tool for getting those hard conversations started. -- Kelsey PretzerTable of ContentsPrologue Acknowledgments About the Authors CHAPTER 1 • Universal Design as an Instrument of Change The Power and Promise of Universal Design for Learning Connecting UDL and Social Justice Concrete Examples and Strategies Implementation Spotlight by Dr. Linda Nathan and Ms. Carmen Torres Implementation Spotlight by Ian Wilkins CHAPTER 2 • Laying the Groundwork for Social Justice in Our Classrooms and Learning Communities Concept Stabilization: Defining Social Justice in Your Context Concept Calibration: Now That We’ve Defined It, What Does It Look Like? Implementation Spotlight by Alice Cohen Identity Development: Who Are We, and What Do We Believe? Implementation Spotlight by Brian Wright Implementation Spotlight by Robert Porter Equity Audit Take Action and Next Steps Implementation Spotlight by Michael S. Martin CHAPTER 3 • Social Justice Through Collaboration and Community Intentional Learning Communities Implementation Spotlight by Kari Thierer Evidence-Based Intentional Learning Going Beyond Access Cogen Dialogues Implementation Spotlight by Pamela Chu-Sheriff Optimizing Student Voice CHAPTER 4 • Personalized Learning for Equity The Design Process Implementation Spotlight by Angeline UyHam and Khari Milner Universal Design as Design Thinking The Power of Student Voice Implementation Spotlight by Andratesha Fritzgerald Supporting Executive Function Through UDL Implementation Spotlight by Amanda Hughes CHAPTER 5 • Identity, Mirrors, and Funds of Knowledge Implementation Spotlight by Arthur Lipkin, EdD Embracing Funds of Knowledge Funds of Knowledge Activities Implementation Spotlight by Joni Degner Facilitating Conversations That Peek Into Mirrors and Windows Implementation Spotlight by Tammie Reynolds Exploring Identity and Diversity Through Writing Implementation Spotlight by Christina Farese CHAPTER 6 • Cultural Responsiveness and Equity UDL as a Framework for Culturally Responsive Teaching and Learning Sustaining Culture Through Relationships Implementation Spotlight by Juan Gallardo Sustaining Culture Through Community Implementation Spotlight by Kristie Jackson Implementation Spotlight by Angel Tucker Implementation Spotlight by Samantha Feinberg Culturally Responsive Curriculum Design Implementation Spotlight by Lissette Castillo Agyeman How to Navigate Holidays in an Equitable Way Implementation Spotlight by Mona M. Abo-Zena and Christina Brown CHAPTER 7 • Restorative Justice and Restorative Practices Restorative Practice to Uphold High Expectations Restorative Practice Continuum Implementation Spotlight by Talisa Sullivan Restorative Practice in Action Implementation Spotlight by Adina Davidson and Annie Leavitt Implementation Spotlight by Dr. Sarah Couplet CHAPTER 8 • A Student’s Journey The Early Years Encounters With Authority Appendix A Appendix B: UDL Progression Rubric References

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Book SynopsisDisrupting the cycle starts with you. No matter how conscientious we are, we carry implicit bias… which quickly turns into assumptions and then labels. Labels define our interactions with and expectations of students. Labels contribute to student identity and agency. And labels can have a negative effect beyond the classroom. It’s crucial, then, that teachers remove labels and focus on students’ strengths—but this takes real work at an individual, classroom, and schoolwide scale. Removing Labels urges you to take an active approach toward disrupting the negative effects of labels and assumptions that interfere with student learning. This book offers: 40 practical, replicable teaching techniques—all based in research and best practice—that focus on building relationships, restructuring classroom engagement and management, and understanding the power of social and emotional learning Suggestions for actions on an individual, classroom, and schoolwide level Ready-to-go tools and student-facing printables to use in planning and instruction Removing Labels is more than a collection of teaching strategies—it’s a commitment to providing truly responsive education that serves all children. When you and your colleagues take action to prevent negative labels from taking hold, the whole community benefits.Table of ContentsForeword Publisher’s Acknowledgments Introduction: Interrupting the Cycle Begins With You Section 1. Individual Approaches Technique 1. Learning Names the Right Way Technique 2. Interest Surveys Technique 3. Banking Time Technique 4. 2 × 10 Conversations Technique 5. Affective Statements Technique 6. Impromptu Conferences Technique 7. Empathetic Feedback Technique 8. Reconnecting After an Absence Technique 9. Labeling Emotions Technique 10. Solving Problems (Do the Next Right Thing) Section 2. Classroom Approaches Technique 11. Creating a Welcoming Classroom Climate Technique 12. Class Meetings Technique 13. Classroom Sociograms Technique 14. The Mask Activity Technique 15. Asset Mapping Technique 16. Peer Partnerships Technique 17. Five Different Peer Partnerships Technique 18. Self-Assessment in Collaborative Learning Technique 19. Equitable Grouping Strategies Technique 20. Gradual Release of Responsibility Instructional Framework Technique 21. Teaching With Relevance in Mind Technique 22. Jigsaw Technique 23. Accountable Talk Technique 24. Making Decisions Technique 25. Alternatives to Public Humiliation Technique 26. When Young Children Label Others—The Crumple Doll Technique 27. When Older Students Label Others—Insults and Epithets Technique 28. Trauma-Sensitive Classroom Design Technique 29. The Dot Inventory Technique 30. Culturally Sustaining Pedagogies Technique 31. Schoolwide Inclusive Practices Technique 32. Student Empowerment Technique 33. Collective Responsibility Technique 34. Recognizing and Responding to Implicit Bias Technique 35. Racial Autobiography Technique 36. Social Capital Technique 37. A Welcoming Front Office Technique 38. Community Ambassadors Technique 39. The Master Schedule Technique 40. Distributed Leadership Coda References Index

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Book SynopsisIt's hard to imagine eight million people trying to avoid dog refuse on the streets of New York City on a daily basis. Likewise, it's harder not to imagine New Yorkers from all walks of life picking up after their canines. Using plastic bags or trendy, mechanized devices, pet owners have become a unified force in cleaning up the sidewalks of the Big Apple. Not long ago, picking up after your Poodle, Puli, or Pekinese was not a basic, civic duty. Initially, many politicians thought the idea was absurd. Animal rights activists were unanimously opposed. The American Society for the Prevention of Cruelty to Animals condemned the proposed legislation because it would impose undue hardship on dog owners. New York's Poop Scoop Law chronicles the integration of dog owners, a much-maligned subculture, into mainstream society by tracing the history of the legislation that the York's City Council shelved twice before then Mayor Ed Koch was forced to go to the state level for support. Brandow shows how a combination of science and politics, fact and fear, altruism and self-interest led to the adoption and enforcement of legislation that became a shining success. Mayors from around the globe were baffled and wanted to know how pushy and arrogant New Yorkers found the new initiative practical and trendy.

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Book SynopsisThe religion clauses of the First Amendment provide that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...." In modern times the Supreme Court has frequently construes these clauses to create, in Thomas Jefferson''s oft-quoted metaphor, a "wall of separation between church and state". The Court''s decisions have precipitated substantial opposition and, in particularly since the election of Ronald Reagan to the Presidency in 1980, a concerted and partly successful effort to change its separatist constructions of the religion clauses. This volume summarises the doctrinal debates and shifts on the religion clauses that have occurred on the Court during this period. It summarises and examines as well the legal effect of each of the 56 decisions the Court has handed down concerning church and state since 1980.

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Book SynopsisA manifesto for the future of Indigenous Education in CanadaIn Reclaiming Anishinaabe Law Leo Baskatawang traces the history of the neglected treaty relationship between the Crown and the Anishinaabe Nation in Treaty #3, and the Canadian government’s egregious failings to administer effective education policy for Indigenous youth—failures epitomized by, but not limited to, the horrors of the residential school system.Rooted in the belief that Indigenous education should be governed and administered by Indigenous peoples, Baskatawang envisions a hopeful future for Indigenous nations where their traditional laws are formally recognized and affirmed by the governments of Canada. Baskatawang thereby details the efforts being made in Treaty #3 territory to revitalize and codify the Anishinaabe education law, kinamaadiwin inaakonigewin. Kinamaadiwin inaakonigewin considers education wholistically, such that it describes ways of knowing, being, doing, relating, and connecting to the land that are grounded in tradition, while also positioning its learners for success in life, both on and off the reserve.As the backbone of an Indigenous-led education system, kinamaadiwin inaakonigewin enacts Anishinaabe self-determination, and has the potential to bring about cultural resurgence, language revitalization, and a new era of Crown-Indigenous relations in Canada. Reclaiming Anishinaabe Law challenges policy makers to push beyond apologies and performative politics, and to engage in meaningful reconciliation practices by recognizing and affirming the laws that the Anishinaabeg have always used to govern themselves.Table of Contents Introduction Chapter 1 Colonization and Other Political Discontents Chapter 2 Indigenous Laws and the State Chapter 3 Kinamaadiwin Inaakonigewin Chapter 4 Reconciliation as Recognition and Affirmation Reflections

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Book SynopsisThis volume deals with important social-science issues of law and legal control pertaining to disasters and hazards in a variety of contexts. The orientation of this volume is driven by relevant recent occurrences, such as hurricanes Katrina and Irene in the United States; the 2010 BP oil spill, and the 2011 Japanese earthquake and tsunami. Thematically diverse within the province of the social and behavioral sciences related to law and law-related problems, the chapters in this volume are not restricted in terms of theoretical approach and methodological orientation. Topics addressed include: legal controls pertaining to disaster prevention, response, and mitigation; regulations and policies concerning hazardous conditions; and crime and the control thereof in post-disaster situations.Table of ContentsList of Contributors. Introduction: Disasters and Hazards in Socio-Legal Studies. Disaster Myth or Reality: Developing a Criminology of Disaster. ? “Not only Injurious to Individuals, but Dangerous to the State”: A Theory of Disaster Crime. ? Disaster, War, and Drugs: Policy Levers and Rebuilding Communities. ? Federalism, Law, and the Ethics of Disaster Evacuations. Policing Disasters: The Role of Police in the Pre-Disaster Planning and Post-Disaster Responses. Transforming Oil Activism: From Legal Constraints to Evidenciary Opportunity. Environmental Policy for Chemical Pollution in Taiwan: The An-Shun Plant Case. The Federal Disaster: The Failed Logic of Disaster Prevention in New Orleans. New Orleans: Post-Disaster Dual Dualism in Labor Markets and Development. The Prison City of New Orleans: Law's Responses to the Disaster of Hurricane Katrina. Perceived Risk, Criminal Victimization, and Community Integration: Mental Health in the Aftermath of Hurricanes Katrina and Rita. Disasters, Hazards and Law. Sociology of crime, law and deviance. Sociology of crime, law and deviance. Copyright page.

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Book SynopsisSocial Care Charging is a guide to charges for care under the Care Act 2014. The book offers detailed and practical advice to assist anyone who needs to understand the complexities of the law and guidance surrounding paying for care, including deferred payment agreements, when houses or assets are disregarded, deprivation of assets and top-ups. It sets out many of the scenarios commonly arising around charging, and answers key questions, including: * Who needs to be assessed? * How are financial assessments conducted? * What capital is included and what capital is subject to disregards? * What income is included and what income is subject to disregards? * What is the standard for deprivation of assets? * When can a top-up be paid for care under the Care and Support (Choice of Accommodation) Regulations 2014? * When does a person have an entitlement to a deferred payment agreement and when does a local authority have discretion to offer one? * What is the process for recovering debts owed under the Care Act 2014? All the essential statutes and regulations are included in the Appendices for easy reference.Table of Contents1: Introduction 2: Assessment of finances 3: Capital 4: Capital disregards 5: Income 6: Income disregards 7: Direct payments 8: Deprivation of assets 9: Top-ups 10: Deferred payment agreements 11: Debt recovery. Appendices

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Book SynopsisThis book explores the interplay between regulation and emerging technologies in the context of synthetic biology, a developing field that promises great benefits, and has already yielded fuels and medicines made with designer micro-organisms. For all its promise, however, it also poses various risks. Investigating the distinctiveness of synthetic biology and the regulatory issues that arise, Alison McLennan questions whether synthetic biology can be regulated within existing structures or whether new mechanisms are needed. Adopting an interdisciplinary approach, McLennan draws on diverse areas of law, the science of synthetic biology and the history and sociology of science. She concludes that synthetic biology presents novel regulatory challenges relating to environmental risk, biosafety, biosecurity and intellectual property. These challenges arise from the uniqueness of the science, the nature of its communities of scientists (including citizen scientists or 'biobunks') and the uncertainty surrounding possible hazards. Some scientists see intellectual property protection as a way to push innovation forward (bioentrepreneurs), while others openly share synthetic biology tools such as BioBricks. By understanding the range of regulatory challenges, the book make a case for enhanced regulation that protects us from synthetic biology's risks, whilst capturing its potential to improve our world. Regulation of Synthetic Biology will be essential reading for academics and students in the social sciences and law, as well as for scientists working in synthetic biology, and policymakers in innovation, science and the regulation of these fields.Trade Review'In Regulation of Synthetic Biology, Alison McLennan provides a thoroughly-researched, incisive, and engaging account of a vitally-important field at the bleeding-edge of biology. From synthetic biology's origins at the intersection of life sciences and engineering, to the safety and security alarm bells it has set off among citizens and governments, to creative institutional attempts at self-government, McLennan weaves together complexities of science, ethics, law, and regulation into a fascinating story of runaway innovation and society's attempts to govern it.' --Andrew W. Torrance, University of Kansas and MIT Sloan School of Management, US'This book provides a comprehensive, clear and up-to-date overview of the legal and regulatory issues raised by the field of synthetic biology, covering topics such as biosafety, biosecurity and intellectual property. It also develops an original critical analysis of the report on the ethics of synthetic biology by the Presidential Commission for the Study of Bioethical Issues, and puts forward novel arguments for the formation of a new Synthetic Biology Agency.' --Jane Calvert, University of Edinburgh, UKTable of ContentsContents: Part I: The new world of synthetic biology: Possibilities, challenges and debates 1. Introduction 2. Making biology easy to engineer: The science of synthetic biology, the emergence of the field and its major applications 3. Science meets politics, activists and governance: Evaluating key positions in synthetic biology debates 4. New Directions? The United States Presidential Commission’s investigation of synthetic biology’s risks, benefits and oversight Part II: Regulating for the Risks 5. Environmental Risk: Uncertainty, precaution, prudent vigilance and adaptation 6. Synthetic Biology, Biosafety and ‘Biopunks’ 7. Biosecurity: Potential for deliberate misuse of synthetic biology Part III Regulating for the Benefits 8. How will patents affect synthetic biology? 9. Building with BioBricks: a commons for sharing synthetic biology research 10. Conclusion and Future Directions Bibliography Index

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Book SynopsisThe introduction of self-assessment for income tax collection in the late 1990s marked a striking moment of cultural convergence between the UK and the US. This book analyses the socio-political factors leading to and resulting from this fundamental change in the relationship between taxpayers and the Inland Revenue, using perspectives in comparative law and the new outlooks of modern tax and cultural theory. It will be of interest to those studying theories of compliance, cultural legal studies, and law and society.Trade Review'Ann Mumford has written a complex and intriguing book that seeks to challenge many of our assumptions on the tax collection and tax revenue process.' The Law and Politics Book ReviewTable of ContentsContents: Introduction; Ideology and Starting point, E.R.A. Seligman; Tax collection and enforcement in the modern US; Self-assessment and historical context; Self-assessment and incomprehensible tax laws; The Ramsay principle; Systems at work; Self-assessment: aftermath, and towards a theory of tax collection law; Bibliography; Index.

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Book SynopsisAs the twenty-first century unfolds, food safety regulation and the governance of regional and global biotechnology markets present new and more complex challenges for governments, agri-food industries and multilateral organizations. The contributors to this comprehensive volume detail the implications of globalization, free trade and regional market integration on the ability of national governments to regulate food safety in the food and biotechnology sectors. In the absence of a global government, the regulation of markets and industries depends on extensive regional and multilateral policy cooperation and regulatory harmonization to protect citizens, farmers and the collective good of nations. As the chapters in this book make clear, the solution to today's food safety problems depends on more than just setting the right regulatory policy and industry standards. On the contrary, food safety now depends on creating the right kinds of transatlantic, regional and multilateral regulatory institutions and policy networks of food safety authorities to establish and enforce global regulations and industry standards. By focusing on the transatlantic, regional and multilateral regulation and governance of food safety, this book offers valuable insight into one of the most pressing international problems of today and sheds light on much larger questions about governance in a global economy. Chapters cover a wide array of countries and regions, from North and South America to Europe, Africa and Asia. The complexity of this issue and the challenges facing national policymakers and networks of regulatory authorities make this volume a must-read for all those involved in the regulation of food and biotechnology industries and the policy institutions charged with regulating them.Trade Review'. . . the book does collate much useful information. . . relating to international food and agriculture trade policy.' -- Alan McHughen, Journal of Commercial Biotechnology'. . . a valuable source of information for all those involved in the regulation of food and biotechnology industries and the policy institutions charged with regulating them.' -- Winfried von Urff, Quarterly Journal of International Agriculture'. . . a useful reference book for those interested in an in-depth analysis of the transnational challenges involved in regulating food safety and in detailed information on the governance of agri-food industries in different parts of the world.' -- MOnica Kjollerstrom, Natural Resources ForumTable of ContentsContents: Foreword Cary Coglianese PART I: GLOBAL GOVERNANCE AND REGULATION OF FOOD SAFETY 1. Socio-Economic Foundations of Food Safety Regulation and the Governance of Global Agri-Food Industries Reba A. Carruth 2. Globalization and Food Safety in Global Agri-Food Industries Reba A. Carruth PART II: TRANSATLANTIC FOOD SAFETY REGULATION AND THE GOVERNANCE OF GLOBAL AGRI-FOOD INDUSTRIES 3. Transatlantic Governance of Agri-Food and Biotechnology Industries: Regulatory Cooperation and Competition in Food Safety Reba A. Carruth 4. Governance of Food Safety in the European Union Ariane König 5. Governance of Food Safety in the NAFTA Region: Regulatory Cooperation by the United States, Canada and Mexico Grace Skogstad and Reba A. Carruth 6. Globalization and the Emerging Rule of Law on Regulatory Standards: Transatlantic Corporate Compliance and Governance of Food Safety Linda R. Horton PART III: REGIONAL AND GLOBAL REGULATORY HARMONIZATION AND GOVERNANCE OF FOOD SAFETY 7. Governance of Food Safety in the Western Hemisphere Fernando Robles 8. Regulatory Development and Regional Institutional Reform for Food Safety in Africa Cheikh Ndiaye and Reba A. Carruth 9. Regulatory Standards and Food Safety in South Asia: The Growing Role of SAARC Reba A. Carruth 10. Food Safety Standards Harmonization in the Asia-Pacific Region Lee Ann Jackson PART IV: REGULATED COMPETITION IN GLOBAL FOOD AND AGRICULTURE INDUSTRIES 11. Governance of Biotechnology: Emerging Regulation of GM Crops and Livestock in Global Food Industries and Food Systems Jørgen Schlundt 12. Multilateral Governance of Food Safety in Global Food Industries and Food Systems: The Role of FAO, WHO and Codex Alimentarius in Regulatory Harmonization Genaro Garcia and Reba A. Carruth PART V: CONCLUSIONS 13. Regulated Competition and Food Safety in Global Agri-Food Industries Reba A. Carruth 14. Conclusions: Transatlantic and Multilateral Governance of Food Safety in Global Agri-Food Industries Reba A. Carruth Index

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Book SynopsisPublic choice theory has become an increasingly significant aspect of public law scholarship. A more comprehensive knowledge of public institutions and their activities can illuminate our understanding of how legal rules shape the behavior of these institutions. This volume gathers together key papers highlighting the fundamental issues in the evolution of this subject. Besides providing an appreciation of the institutional complexity and potential weak points of democracies, public choice theory promises to show how political structures and processes shape outcomes for better or for worse. It thereby aids understanding and improvements to institutional design. Much of that design is expressed in the form of law, so the subject is of particular importance to legal scholars. This authoritative selection of articles provides a firm foundation to this important area of study.Trade Review'Dan Farber has assembled a diverse and challenging set of readings that lay out the grounds of agreement and disagreement in theories of public choice and law. This collection will be valuable to students and others seeking an introduction to this difficult and contentious subject.' -- John Ferejohn, Stanford University and New York University, USTable of ContentsContents: Acknowledgements Introduction Daniel A. Farber PART I INTEREST GROUP THEORIES 1. George J. Stigler (1971), ‘The Theory of Economic Regulation’ 2. William M. Landes and Richard A. Posner (1975), ’The Independent Judiciary in an Interest-Group Perspective’ 3. Einer R. Elhauge (1991), ‘Does Interest Group Theory Justify More Intrusive Judicial Review?’ PART II INSTITUTIONALIST AND AGENCY THEORIES 4. Tom Ginsburg (2002), ‘Ways of Criticizing Public Choice: The Uses of Empiricism and Theory in Legal Scholarship’ 5. Keith Krehbiel (2004), ‘Legislative Organization’ 6. Daryl J. Levinson (2005), ‘Empire-Building Government in Constitutional Law’ PART III PUBLIC CHOICE AND ADMINISTRATIVE LAW 7. Jerry L. Mashaw (1985), ‘Prodelegation: Why Administrators Should Make Political Decisions’ 8. McNollgast (1999), ‘The Political Origins of the Administrative Procedure Act’ 9. Terry M. Moe and William G. Howell (1999), ‘The Presidential Power of Unilateral Action’ PART IV PUBLIC CHOICE AND STATUTORY INTERPRETATION 10. Frank H. Easterbrook (1983), ‘Statutes’ Domains’ 11. William N. Eskridge, Jr. (1988), ‘Politics Without Romance: Implications of Public Choice Theory for Statutory Interpretation’ 12. Kenneth A. Shepsle (1992), ‘Congress Is a “They,” Not an “It”: Legislative Intent as Oxymoron’ 13. McNollgast (1994), ‘Legislative Intent: The Use of Positive Political Theory in Statutory Interpretation’ Name Index

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Book SynopsisThe purpose of this book is to examine, from an EU perspective, the numerous developments which have taken place in the regulation of sporting activity in the last decade.Uniquely, in addressing these developments, the book adopts an inter-disciplinary approach, involving law, economics and sociology. The chapters place the regulation of sport in the context of the EU regulatory structure which hitherto has emerged in a piece-meal fashion and thus warrants a more holistic approach. The chapters bring together several key themes which arise from the question of whether sport is special? This addresses a growing argument that sporting activity displays unique properties which require a distinct form of regulation that existing competition or free movement rules cannot provide. The book is divided into three parts which reflect the current policy, legislative and judicial discourses that exists in the regulation of sport.The Regulation of Sport in the European Union provides both an academic and practical review of EU law and policy as applied to sport, and as such, this comprehensive overview will be of great interest to EU law academics, economists and political scientists. It will also appeal to legal practitioners and to those with an interest in regulatory processes in the EU.Trade Review'Globalization not only means fans watching distant contests and leagues exporting their products elsewhere; it also means the ability of knowledgeable academics and policy-oriented fans to learn about how others confront similar challenges. North Americans who realize on reflection that the way we do things is not necessarily "natural" or "the only way" will enjoy and profit from the insightful comparative essays in this book. The so-called "European Model of Sport" is quite different than our own. There are significant parallels between the European effort to distinguish sport and commerce and our own efforts in regard to big-time collegiate sports. The unusual (for North American fans of typical sports leagues) issues with regard to auto racing are quite instructive. A truly horizon-expanding work.' -- Stephen F. Ross, Penn State Institute for Sports Law, Policy and Research, USTable of ContentsContents: Preface PART I: THE REGULATION OF ECONOMIC ACTIVITY IN SPORT 1. Is Sport Special? Erika Szyszczak 2. Free Movement of Persons and Sport Robin C.A. White 3. On Overlapping Legal Orders: What is the ‘Purely Sporting’ Rule? Stephen Weatherill 4. Competition and Free Movement Issues in the Regulation of Formula One Motor Racing Adam Cygan PART II: THE REGULATION OF ‘LABOUR’ MARKETS 5. Disciplinary Regulation of Sport: A Different Strand of Public Law? Tim Kerr 6. The Regulation of Sport in the European Union: Courts and Markets Luca Barani 7. Remuneration of Sports Stars: Implications for Regulation Richard Disney PART III: SPORT IN THE MULTI-MEDIA AGE 8. Commercial Freedom and Sport: Has Sport Lost its Sporting Edge? Barbara Bogusz 9. Fame and its Exploitation: The Legal Protection of Celebrity in the United Kingdom Jennifer Davis 10. Exploitation of Databases, Intellectual Property, Competition Law and the Sport Industry: A Missed Goal? Estelle Derclaye Index

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Book SynopsisThis highly regarded book is a comprehensive and up to date guide to mental health law in Scotland. Every aspect of mental health law is explained, including tribunal procedure, procedures for adults with incapacity, community care, patients' rights and legal remedies for when things go wrong. Mental health and incapacity law affect not just those subject to compulsory orders, but everyone with a mental health problem, dementia or a learning disability. This title is included in Bloomsbury Professional's Scottish Law, Scots Law Student and Scottish General Practice online service.Trade ReviewWhen I reviewed the 1st edition of Hilary Patrick’s “Mental Health, Incapacity and the Law in Scotland” I predicted that, within much of its extended area of coverage, “This book will be the authoritative starting-point for lawyers and non-lawyers alike for some years to come”. I was right. This 2nd edition, a decade later, is to be welcomed for several principal reasons...A full and authoritative exposition of mental health law...multi-dimensional coverage of an impressively wide range of topics. -- Adrian D Ward * The Journal of the Law Society of Scotland *Table of ContentsPART 1: INTRODUCTION AND BACKGROUND Chapter 1 – The law in context Chapter 2 – Statutory framework Chapter 3 – Key organisations Chapter 4 – Supporting the service user PART 2: MEDICAL TREATMENT AND CARE Chapter 5 – Patients’ rights Chapter 6 – Care in hospital Chapter 7 – Consent to treatment Chapter 8 – Patients unable to consent Chapter 9 – Restraint, force and detention Chapter 10 – Preparing for future incapacity PART 3: THE USE OF COMPULSION Chapter 11 – Compulsory measures Chapter 12 – Short-term detention Chapter 13 – Emergency detention Chapter 14 – Compulsory treatment orders Chapter 15 – Compulsory treatment orders: reviews, appeals and suspension Chapter 16 – Medical treatment Chapter 17 – Rights of patients subject to orders Chapter 18 – Restrictions on detained patients Chapter 19 – Hospital transfers Chapter 20 – Breach of orders, unauthorised absences and offences Chapter 21 – Transitional arrangements PART 4: THE TRIBUNAL Chapter 22 – Representation at the tribunal Chapter 23 – Tribunal procedure PART 5: ADULTS WITH INCAPACITY Chapter 24 – Adults with Incapacity Act Chapter 25 – Authorising welfare decisions Chapter 26 – Financial management PART 6: CARE IN THE COMMUNITY Chapter 27 – Community care Chapter 28 – Duty to provide services Chapter 29 – Paying for care PART 7: PEOPLE AT RISK Chapter 30 – People at risk PART 8: THE IMPACT OF MENTAL DISORDER Chapter 31 – Personal life Chapter 32 – Housing Chapter 33 – Education and employment Chapter 34 – Consumer rights Chapter 35 – Civil rights and public life PART 9: DISCRIMINATION Chapter 36 – Protection against discrimination PART 10: PEOPLE WITH ADDITIONAL NEEDS Chapter 37 – Respect for diversity Chapter 38 – Issues for people with dementia Chapter 39 – People with learning disabilities Chapter 40 – Refugees and asylum seekers Chapter 41 – Children and young people PART 11: CARERS Chapter 42 – Carers PART 12: CRIMINAL JUSTICE AND MENTAL DISORDER Chapter 43 – Criminal law and mental health Chapter 44 – Special measures for suspects and witnesses Chapter 45 – The criminal court process: from arrest to sentence Chapter 46 – The criminal court process: sentencing Chapter 47 – Care in prison and hospital transfers Chapter 48 – Impact of criminal justice orders and patients’ rights PART 13: CARE STANDARDS Chapter 49 – Health and care standards PART 14: WHEN THINGS GO WRONG Chapter 50 – Complaints Chapter 51 – Legal remedies Chapter 52 – Official enquiries APPENDICES Appendix 1 – European Convention on Human Rights Appendix 2 – UN Convention on the Rights of Persons with Disabilities and Optional Protocol

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Book SynopsisThis volume explores the relationship between law and economics principles and the promotion of social justice. By social justice, we mean a vision of society that embraces more than traditional economic efficiency. Such a vision might include, for example, a reduction of subordination and discrimination based on race, religion, gender, sexual orientation, age, disability or class; increased wealth dispersion throughout all sectors of society; a safe and healthy environment; worker rights; and, a flourishing political democracy. The volume chapters here fall into four main categories, Assumptions of Law & Economics; Law & Economics: Implications of Behavioralism; Economics and Corporate Governance: Finding the Holes; and, Gender, Class and Race: Implications of and Alternatives to the Dominant Economic Paradigm. In addition, most of the chapters invoke the lens of corporate law theory or the corporate context as part of their analysis of the intersection of economics and social justice.Table of ContentsPreface. List of Contributors. Introduction. Economics as a map in law and market economy. An anatomy of corporate legal theory. The single constituency argument in the economic analysis of business law. Corporate law and the rhetoric of choice. Faith Based Investing: are shares entitled to the residual?. Corporate social responsibility: Lessons from the South on law and business norms. The discourse of “contract” and the law of marriage. Behavioral biology, the rational actor model, and the new feminist agenda. Race to the top of the corporate ladder: What minorities do when they get there. Workplace racial discrimination and the professionals at the center of corporate hierarchies. Research in law and economics: A journal of policy. Law & economics: Toward social justice. Copyright page.

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Book SynopsisNow fully updated and with up-to-the-minute guidance, this is the only book you will need to make sense of the key elements of law involved in social work with children and families in England and Wales.Accessible and jargon-free, this everyday reference explains the fundamental concepts of parental responsibility and human rights, and the provisions of private and public law, including care proceedings and adoption. This second edition incorporates recent changes including the Working Together to Safeguard Children guidance for inter-agency working, the Children and Families Act 2014 and the Crime and Courts Act 2013 as well as the latest case law. Checklists, charts and highlighted points allow for easy reference, and illustrative case scenarios put the law into context.This comprehensive and easy-to-use guide will be an invaluable resource for practising social workers, as well as trainees, students and those studying for post-qualifying awards.Trade ReviewPraise for the second edition:'This book lives up to the high standards of the first edition, updated to take account of recent court judgments and the many changes to child and family legislation in England and Wales. Lynn Davis writes authoritatively and with crystal clarity. She explains the law helpfully, with direct relevance to real-life social work practice. The book is full of useful features such as key points for practice, readable summaries of court decisions, realistic and thought-provoking case studies and handy checklists. Every child and family team should have a copy in their office.' -- Dr Jonathan Dickens, School of Social Work, University of East AngliaThis is a stunningly good piece of work. Many whose work involves the law find it a horrible dark space, and practitioners can try to make do with a working knowledge or skirt around it - leading to unsafe work and poor practice. But here is a book that is friendly in tone and spot on with guidance that makes it all 'start to make sense'. You come away from Lynn's book wishing you could meet her. She is a wise presence who makes you feel you could venture out into this alien territory and her knowledge makes it all look easier than it is. With the destruction of legal advice services, we all need this knowledge now. It is the perfect overview with practical information and case-study snippets to help the reader to emerge with a real grasp of the legal system and its day-to-day implications and application. This should be manna for social workers, and it is also a great foundation stone for all of us involved with children and families. -- James Pirrie, Solicitor, Collaborative Lawyer, Arbitrator and Mediator, Family Law in Partnership, LondonChildren law and court proceedings are changing. The role of the social worker as an expert has been re-affirmed and clear, analysed and considered evidence from social workers is essential. We judges depend on social workers' professionalism and in my view it is vital for social workers to have an understanding of the law. No-one asks them to be lawyers but they must understand what the law is, its limitations and also the tests the court applies. This book is readable, practical and clear and allows the social worker to gain the essential knowledge they need to undertake their role in the court system. -- Christopher Simmonds- District Judge of the Principal Registry of the Family Division and Commissioner of the Judicial Appointments CommissionThis is an extremely timely publication with the onset of new legislation, revised statutory safeguarding guidance and significant changes to the family justice system. Davis declares that "the time is right for a newly confident social work profession to reclaim its rightful place in the court process.". Davis's coverage of the issues is both global yet intricate in her attention to detail and references to contemporary themes. An absolute must for social workers who want to be on the 'front foot' in their practice. -- Nushra Mansuri, Professional Officer, British Association of Social WorkersPraise for the first edition:'Social work practitioners and family lawyers will benefit from reading this work and gain even more from it if they are able to have a copy close to hand while at work.' -- Journal of Social Welfare & Family LawI highly recommend this book to students, newly qualified workers, frontline practitioners and their managers. It is a valuable tool to have in one's armoury for those involved in children and families social work. -- Children and Young People NowExceptional value for money. It covers the whole range of roles and responsibilities that local authorities address, and I have no doubt this content will assist all child care social workers acting as 'agents' of the local authority to practice efficiently, effectively and above all safely. I could go on - but go and buy the book and see for yourself. -- Professional Social WorkThis is a stunningly good piece of work. Many whose work involves the law find it a horrible dark space, and practitioners can try to make do with a working knowledge or skirt around it - leading to unsafe work and poor practice. But here is a book that is friendly in tone and spot on with guidance that makes it all 'start to make sense'. You come away from Lynn's book wishing you could meet her. She is a wise presence who makes you feel you could venture out into this alien territory and her knowledge makes it all look easier than it is. With the destruction of legal advice services, we all need this knowledge now. It is the perfect overview with practical information and case-study snippets to help the reader to emerge with a real grasp of the legal system and its day-to-day implications and application. This should be manna for social workers, and it is also a great foundation stone for all of us involved with children and families. -- James Pirrie, Solicitor, Collaborative Lawyer, Arbitrator and Mediator, Family Law in Partnership, LondonMost of the chapters are punctuated by relevant and recent case law examples... this book is a useful tool for social workers... This book is comprehensive in its coverage of the vast array of issues in children and families law and... is very readable, bringing the complexity of this terrain to life. -- Nushra Mansuri, Professional Officer, BASW * Professional Social Work *Table of ContentsAcknowledgements. Preface. Introduction. Part 1: Fundamentals. 1. Human Rights. 2. Key Points in Children and Families Law. 3. Parents, Parental Responsibility and Children's Autonomy. Part 2: Private Law. 4. Section 8 Orders, Specific Issues and Prohibited Steps. 5. Arrangements for Children (Residence) and Special Guardianship Orders. 6. Arrangements for Children (Contact). Part 3: The Local Authority's Support Role. 7. Children in Need. 8. Accommodation. Part 4: Child Protection. 9. Child Protection Investigations. 10. Emergency Action. Part 5: Care Proceedings. 11. Threshold Criteria. 12. Care Proceedings - Interim Stages. 13. Care Proceedings - Care Orders and Care Plans and Contact. 14. Care Plans. 15. Adoption Fundamentals and Adoption by Consent. 16. Placement Orders, Contested Adoptions and Contact. Appendices. 1A. Children Act - Key Sections by Number. 1B. Children Act - Key Sections by Subject. 2. Residence, Special Guardianship and Adoption at a Glance. 3. Contact Aide - Memoire. 4. Care and Accommodation at a Glance. 5. Summary of Duties to Looked After Children. 6. Emergency Protection Order Aide Memoire. 7. Care and Supervision Orders at a Glance. Index.

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Book SynopsisPrevious collections of essays on equity and trusts law have focused on doctrinal issues, only occasionally giving a policy gloss or suggestion of social context and impact. Although a critical approach can be glimpsed in journal articles and student texts, this collection of essays draws together both feminist and critical material.It is unique in being written by feminists, in dealing with equity and trusts as a whole and in being written in the critical tradition.Table of Contents1. The Fiction of Equity 2. Equity's Darling? 3. The WAQF in Trust 4. Understanding Equity's Secret Understandings 5. Weaving Along the Borders: Public and Private, Women and Banks 6. The Revival of Equitable Doctrine in Scots Law-A Space for Gender Concerns? 7. Property Rights for Home-Sharers: Equity Versus A Legislative Framework? 8. Governing From a Distance: The Significance of the Capital Income Distinction in Trusts 9. Trusting in the Prudent Woman of Business: Risk, Reconciliation and the Trustees' Standard of Care on Investment 10. Equitable Remedies: Cypher Wives, Weak Women and 'Equity's Special Tenderness' 11. Equitable Principles of Confidentiality and Whistleblowing 12. Our Property in Trust: Things to Make and Do

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Book SynopsisThis book examines immigration law from a gender perspective. It shows how immigration law situates gender conflicts outside the national order, projecting them onto non-western countries, exotic cultures, clandestine labour and criminal organizations. In doing so, immigration law sustains the illusion that gender conflicts have moved beyond the pale of European experience. In fact, the classical feminist themes of patriarchy, the gendered division of labour and sexual violence are still being played out at the heart of Europe's societies, involving both citizens and migrants.This collection of essays demonstrates how the seemingly marginal perspective of immigration law highlights Europe's unresolved gender conflicts and how a gender perspective can help us to rethink immigration law.Trade Review"This book provides a refreshing approach to issues relating to women subject to immigration law...it effectively confirms that immigration law can be rejuvenated through the feminist lens and shows how the experiences of migrant women can advance feminist thinking...This book deserves the attention of anyone interested in gender, law and migration." - Vanessa Bettinson and Alwyn Jones, Jounal of Immigration, Asylum and Nationality Law, Vol 22, no 2. Table of ContentsPart I: Global Context Border Rights and Rites. Generalizations, Stereotypes and Gendered Migration. Citizenship, Noncitizenship and the Status of the Foreign Domestic. Gendered Borders and United States' Sovereignty Part II: European Perspectives Gendered Violence in 'New Wars': Challenges to the Refugee Convention. Problematizing Trafficking for the Sex Sector: A Case of Eastern European Women in the EU. A Migrant World of Services. Gender, Migration and Class: Why 'live-in' Domestic Workers are not Compensated for Overtime? The Case of Mrs Boultif: The Right to Domicile of Women with a Migrant Partner in European Immigration Law Part III: National Case Studies Transnational Contingency: The Domestic Work of Migrant Women in Austria. Response and Responsibility: Domestic Violence and Marriage Migration in the UK. French Immigration Laws: The Sans-Papires Perspectives. Crossing Borders: Gender, Citizenship and Reproductive Autonomy in Ireland. Socio-Political and Legal Representations of Migrant Women Sex Labourers in Italy: Between Discourse and Praxis.

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Book SynopsisDrawing upon Foucauldian analyzes of governmentality, the authors contend that social housing must be understood according to a range of political rationalities that saturate current practice and policy. They critically address the practice of dividing social from private tenure; situating subjects such as the purpose and financing of social housing, the regulation of its providers and occupiers and its relationship to changing perceptions of private renting and owner-occupation, within the context of an argument that all housing tenures form part of an understanding of social housing. They also take up the ways in which social housing is regulated through the invocation and manipulation of obscure notions of housing ‘need’ and ‘affordability’, and finally, they consider how social housing has provided a focus for debates about sustainable communities and for concerns about anti-social behaviour. Regulating Social Housing provides a rich and insightful analysis that will be of value to legal scholars, criminologists and other social scientists with interests in housing, urban studies and contemporary forms of regulation.Trade Review"This important work epitomises the strengths of soci-legal research. It moves beyond a law-in-context approach, drawing on social theory to inform and elaborate upon interpretations of statute and case law and their implications for social housing." - Helen Carr, Kent Law School, University of Kent "The real strength of the book lies in the application of Cowan and McDermont's theoretical analysis to their chosen topics... Regulating Social Housing is admirably ambitious in its scope and will repay close reading by anyone who wants to further their understanding of current housing policies, regulation theory, or key arguments about the construction of social housing." - Sarah Blandy, Housing Studies 22:4 (July 2007) "The success of the book is in drawing out a number of themes through subject-specific chapters... There is much here that housing academics and the wider community of socio-legal scholars will find of value, and it is the sort of book that readers will find themselves referring back to, time and again." - Emma Laurie, Legal Studies Vol. 27 No. 2 (July 2007)Table of ContentsOn Social Housing, Decline, Regulation and Government. Constructing the Domain. Needing Need. On Money. Regulatory Truths. The 'Social' Contract. Private Renting. Owner-Occupation. Conclusion

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Book SynopsisCommunity Care and the Law is the pre-eminent legal text on adult social care law. Its contributors are leading experts in the field and the lead author, Professor Luke Clements, was the expert adviser to the Parliamentary Committee that scrutinised the Bill that became the Care Act 2014. The seventh edition has involved a comprehensive revision of this established text to provide an up-to-date analysis of the law relating to the rights of adults in need and carers in England. Community Care and the Law is the leading text for lawyers, policy-makers, local authority and voluntary sector advisers and carers. The book presents this complex area of law with clarity but without over-simplification. It provides a detailed route map through the law and offers practical guidance on how it impacts on procedures and services. There is a comprehensive coverage of local authority duties and powers, to adults in need and to carers - including assessments, care planning, ordinary residence, care and support services, direct payments, NHS responsibilities, housing, safeguarding and the rights of asylum-seekers. The remedies chapter has a step by step guide to complaints, ombudsman and judicial review procedures. This seventh edition has been fully updated throughout and includes: * an updated section concerning the well-being principles including reference to the UN Convention on the Rights of Persons with Disabilities General Comment (2017) on Article 19 (the right to independent living * a new chapter focussing specifically on the Eligibility Criteria * coverage of recent secretary of state ordinary residence determinations clarifying the new rules relating to supported living and shared lives as specified accommodation for ordinary residence purposes * substantially reworked text covering the new (October) 2018 NHS Continuing Healthcare Framework Guidance * an updated information, data protection and confidentiality chapter referencing the Data Protection Act 2018 and the General Data Protection Regulation Community Care and the Law contains extensive cross referencing for easy navigation. The appendices include the text of the key provisions of the Care Act 2014 and other relevant legislation.

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Book Synopsis'Poor people get hit by cars too; they get evicted; they have their furniture repossessed; they can't pay their utility bills. But they do not have personal legal problems in the law school way. Nothing that happens to them breaks up or threatens to break up a settled and harmonious life. Poor people do not lead settled lives into which the law seldom intrudes; they are constantly involved with the law in its most intrusive forms. ... Poverty creates an abrasive interface with society; poor people are always bumping into sharp legal things. The law school model of personal legal problems, of solving them and returning the client to the smooth and orderly world in television advertisements, doesn't apply to poor people.' Stephen Wexler 'Practising Law for Poor People' The Yale Law Journal. Vol. 79: 1049, 1970. This book is concerned with the legal problems encountered by people whose lives are disadvantaged: disabled people, carers, homeless people, people on low incomes, people falling foul of immigration law ... it is a long list. People in this position often experience multiple and synchronous legal problems ('clustered problems') for which the traditional 'single issue' lawyering approach is ill equipped. Such people - to cite Stephen Wexler - 'do not lead settled lives into which the law seldom intrudes; they are constantly involved with the law in its most intrusive forms'. Their legal challenges don't come in single discrete packages (eg a personal injury claim, a house purchase, a divorce) but are multiple, interlinked and successional. No sooner has one problem been addressed than another is encountered. The research underpinning this work derives from a six-year study of the legal challenges experienced by disabled children and their families and of many more years trying (all too often unsuccessfully) to use the law to challenge the myriad social injustices that define the lot of those who live with disadvantage.

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Book SynopsisThis book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.Table of ContentsIntroduction.- Part One: Transparency.- The Extractive Industries Transparency Initiative (EITI) as a Human Rights Instrument: Potentials and Shortcomings.- United States Law and Conflict Minerals.- The 2017 EU Conflict Minerals Regulation: A Promising European Rite to Remove the Natural Resource Curse?.- Community Development Agreements as Tools for Local Participation in Natural Resource Projects in Africa.- Stabilization Clauses and Human Rights: The Role of Transparency Initiatives.- Improving Tax Strategy Transparency in the Extractive Industries Sector for the Advancement of Human Rights.- Part II: Participation.- The Evolving Duty to Consult and Obtain Free Prior and Informed Consent of Indigenous Peoples for Extractive Projects in the United States and Canada.- Asserting the Principle of Free, Prior and Informed Consent (FPIC) in Sub-Saharan Africa in the Extractive Industry Sector.- The Corporate Responsibility to Respect Consultation Rights in the Americas: How the Inter-American System Can Better Promote Free, Prior, and Informed Consent.- Free, Prior, and Informed Consent in the Philippines: A Fourth World Critique.- Norm Contestation and (Non-)Compliance: The Right to Prior Consultation and FPIC in the Extractive Industries.- State-Investor Contracts and Human Rights: Taking a Critical Look at Transparency and Participation.- Disruption and Institutional Development: Corporate Standards and Practices on Responsible Mining.- Part III: Resistance.- Taking Sides in Scientific Research? The Struggle for the Right to Participate in Public Decision-Making Related to a Mining Project in Brazil.- Building the Case for a Home-State Grievance Mechanism: Law Reform Strategies in the Canadian Resource Justice Movement.- Transnational Human Rights and Environmental Litigation: A Study of Case Law Relating to Shell in Nigeria.

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Book SynopsisThis book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter? The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view. As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction – social dumping being the prime example – special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues. The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.Table of ContentsIntroduction.- The EU and Social Rights and Market Competition: 65 years of History.- Cross-border Employment and Labour Law: The Legal Framework.- Cross-border Employment and Social Security: The Legal Framework.- The Other Side of the Coin: The Negative Consequences of the Internal Market.- Social Law Enforcement Across Borders: A Few Sticking Points and Reflections.- Conclusion.

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Book SynopsisDas Arbeitsvertragsrecht setzt sich aus einer Vielzahl an nicht abgestimmten, zunehmend unionsrechtlich determinierten Einzelgesetzen zusammen. Doch ist es wirklich ein kunstvoll geordnetes Chaos, ein Irrgarten des Rechts, wie es der 59. Deutsche Juristentag mit den berühmten Worten Pufendorfs meinte? Oder sollte nicht besser das Wort Chaos durch Vielfalt ersetzt werden, in welcher sich schlicht die facettenreichen Fragestellungen einer immer komplexer werdenden Arbeitswelt widerspiegeln? Mit einigen aktuellen Thematiken - angefangen von der Kettenbefristung zur Vertretung, der internationalen Zuständigkeit im arbeitsgerichtlichen Beschlussverfahren, dem Anwendungsvorrang unionaler Grundrechte, über das Arbeiten nach Wunsch, dem neuen Beschäftigtendatenschutz bis hin zur Bedeutung des § 174 BGB - haben sich die Teilnehmer der 2. Arbeitsrechtlichen Assistententagung im Juli 2012 kritisch auseinandergesetzt.

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Book SynopsisIm deutschen Recht entfalten Tarifnormen ihre unmittelbare und zwingende Wirkung zwar grundsätzlich nur zwischen den beiderseits Tarifgebundenen. Jedoch kennt dieser Grundsatz einige Ausnahmen. Teilweise erheben Tarifnormen bereits für sich genommen einen Geltungsanspruch über den Kreis der Verbandsmitglieder heraus, in anderen Fällen ordnet ein staatlicher Erstreckungsakt diese Wirkung an. Es stellt sich jeweils die Frage, wie weit die Freiheit der Außenseiter reicht, ihre Arbeitsbeziehungen in selbstbestimmter Wahrnehmung der eigenen Interessen zu gestalten. Felix Hartmann führt den Außenseiterschutz konsequent auf ein privatrechtlich-mandatarisches Grundverständnis der Tarifautonomie zurück. Er setzt sich dabei auch mit den Vorgaben des Europarechts und mit Tarifsystemen anderer mitgliedstaatlicher Rechtsordnungen auseinander. Auf diese Weise kommt er für eine Vielzahl von Praxisproblemen zu neuen Lösungen.

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Book Synopsis

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Book SynopsisDas essential gibt einen Überblick über die unterschiedlichen Aufenthaltstitel und -statuten sowie über die Auswirkungen dieser Differenzierungen auf die Beschäftigung von Flüchtlingen. Es werden mögliche Problemfelder in den jeweiligen Phasen eines Beschäftigungsverhältnisses aufgezeigt und die arbeitsrechtlichen Instrumente zur ihrer praxisorientierten Handhabung vorgestellt. Soweit es bei der Beschäftigung von Flüchtlingen zu sozialversicherungs- und steuerrechtlichen Besonderheiten kommt, werden diese beleuchtet. Für die dritte Auflage wurden insbesondere die Neuerungen des Fachkräfteeinwanderungsgesetzes und der Ukraine-Aufenthalts-Übergangsverordnung eingearbeitet sowie die Informationen zu den Fördermöglichkeiten der Flüchtlingsbeschäftigung vertieft.

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Book Synopsis

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Book Synopsis

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Book SynopsisMamta Rao focuses on laws for women and children, including the Protection of Women from Domestic Violence Act and Hindu Succession (Amendment) Act, 2005. She also examines child protection laws like the Commission for Protection of Child Rights Act, 2005, covering issues such as child labor and trafficking.

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Book SynopsisBelgium and the Netherlands - the Low Countries - are the first countries in the world to have legalized euthanasia. Physicians who terminate life at the patient's request no longer have to fear criminal prosecution. However, end-of-life legislation in the Low Countries has provoked diverse responses and sparked vigorous and divisive ethical debate. For some, the new legislation has become a shining example; for others it is a lamentable materialization of a culture of death. A"Euthanasia and Palliative Care in the Low CountriesA" provides an overview and comparison of the legal specifics of the Belgian and Dutch Euthanasia Acts, a discussion of palliative care initiatives and an ethical examination of the new legislation. In addition, the book provides an in-depth analysis of the arguments used in the end-of-life debate and a critical examination of the positions taken by the churches. The book concludes with an overview of how Christian health-care institutions accommodate to this new legal situation.

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Book Synopsis

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