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`A surprising gem' Wisden Cricketers' Almanack 'In summertime village cricket is the delight of everyone' the English judge Lord Denning famously wrote, in a case brought by someone who clearly disagreed with him. The case was just one example of how the game of cricket cannot always avoid the law. Neighbours or passers-by get hit by stray cricket balls, protesters interrupt matches, players get into fights, take drugs, and sue each other for libel. Court and Bowled examines a number of stories where cricket or cricketers gave rise to a legal dispute. Some involved the giants of the game such as Grace, Botham and Imran. Others involved village cricketers of more modest talents who were unable to keep the peace between themselves. Some cases were of critical importance to the game, such as Kerry Packer's High Court action in the late 1970s. Others were rather more trivial, such as spectators indulging in lewd attention-seeking behaviour. All of the stories demonstrated something common to both cricket matches and court cases: behind the intrigue, entertainment and theatrics of both there are always real people and real human stories. The book is written in a clear, accessible style, free of legal technicalities. It has been updated for the paperback edition to include the tragic death of Phillip Hughes, the perjury trial of Chris Cairns and the ball-tampering incident involving Faf du Plessis.
This book provides a comprehensive resource for medical professionals on the various legal aspects involved in conducting clinical research. It encompasses legal and ethical issues such as duty of care, research malpractice and negligence, standards of care, informed consent, liability issues for Institutional Review Boards (IRB), conflicts of interest, insider trading and the disclosure and withholding of clinical trial results. It will also provide legal guidance on research contracts, setting up clinical trials and common legal pitfalls encountered in medical research.
Bioethics: Legal and Clinical Case Studies is a case-based introduction to ethical issues in health care. Through seventy-eight compelling scenarios, the authors demonstrate the practical importance of ethics, showing how the concerns at issue bear on the lives of patients, health care providers, and others. A range of central topics are covered, including informed consent, medical futility, reproductive ethics, privacy, cultural competence, and clinical trials. Each chapter includes a selection of important legal cases as well as clinical case studies for critical analysis. The case studies are often presented as moral dilemmas, and are conducive to rich discussion. A companion website offers a curated collection of relevant legal precedents as well as additional case studies and other resources.
It is a pleasure to write this Foreword to the second, expanded edition of Ian Blackshaw's well-respected book on the extra-judicial settlement of sports disputes through mediation and arbitration. Prof Blackshaw is a master of his subject who explains in clear and straightforward terms the various forms of alternative dispute resolution (ADR) methods available for dealing with a wide range of different kinds of sports disputes, which are on the increase, not least because of the huge sums of money that are nowadays at stake in sport at the elite level. As I have written elsewhere, "[t]he unique investment of competitive egos, emotions, expec- tions, and money in international sports almost guarantees a dividend of highly charged disputes.... . [and] [t]he structure for resolving them is complex. " Dispute resolution, is one of the most critical issues which overshadow the sports arena. As Prof Blackshaw rightly points out however, ADR is "not a panacea" for settling all kinds of sports disputes, and so the role of the courts must not be underestimated. This is true in both Europe and the United States of America, where I practice and teach international sports law. The expanded version of this book includes a more in-depth study of the functions and role of the Court of Arbitration for Sport (CAS), based in Lausanne, Switzerland, and also a review of the contribution of CAS to an emerging so-called `Lex Sportiva'.
Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements Editors Tullio Treves, Laura Pineschi, Attila Tanzi, Cesare Pitea, Chiara Ragni, Francesca Romanin Jacur A project of the Universities of Milan, Bologna and Parma co-? nanced by the Italian Ministry of University and Research T. M. C. ASSER PRESS The Hague Foreword iv Published by T. M. C. ASSER PRESS P. O. Box 16163, 2500 BD The Hague, The Netherlands T. M. C. ASSER PRESS' English language books are distributed exclusively by Cambridge University Press, The Edinburgh Building, Shaftesbury Road, Cambridge CB2 2RU, UK, or, for customers in the USA, Canada and Mexico: Cambridge University Press, 100 Brook Hill Drive, West Nyack, NY 10994-2133, USA The publication of this book was supported by the ? nancial contribution of the Italian Ministry of University and Research (MIUR) and of the Universities of Milano, Bologna and Parma, within the framework of a research project of national interest (PRIN 2005, n. 2005124407). ISBN 978-90-6704-273-4 All rights reserved. (c) 2009, T. M. C. Asser Press, The Hague, The Netherlands, and the Authors This publication is protected by international copyright law. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior wr- ten permission of the copyright owners.
In this book, esteemed television executive and Harvard lecturer Ken Basin offers a comprehensive overview of the business, financial, and legal structure of the U.S. television industry, as well as its dealmaking norms. Written for working or aspiring creative professionals who want to better understand the entertainment industry - as well as for executives, agents, managers, and lawyers looking for a reference guide - The Business of Television presents a readable, in-depth introduction to rights and talent negotiations, intellectual property, backend deals, licensing, streaming platforms, international production, and much more. The book also includes breakdowns after each chapter summarizing deal points and points of negotiation, a glossary, a list of referenced cases, and a wealth of real-world examples to help readers put the material into context.
In pharmaceutical patent law, the problem of lack of policy direction and inappropriate legal framework is widespread - particularly among jurisdictions with little to no pharmaceutical research or manufacturing. This book aims to inform public policy and influence debate through a comprehensive review of Hong Kong's pharmaceutical patent law. By demonstrating the need for a holistic review of pharmaceutical patent laws and evaluating Hong Kong's system in light of health policy, economic and social factors, Bryan Mercurio recommends changes to the legal framework and constructs a more efficient and effective system for Hong Kong. He thoroughly evaluates the international framework and best practice models to offer a global perspective to each issue before providing local context in the analysis. While the focus of the book is Hong Kong, the analysis on pharmaceutical patent law and policy extends to other jurisdictions facing issues on reforming their national system.
This book addresses the use and regulation of traditional drugs such as peyote, ayahuasca, coca leaf, cannabis, khat and Salvia divinorum. The uses of these substances can often be found at the intersection of diverse areas of life, including politics, medicine, shamanism, religion, aesthetics, knowledge transmission, socialization, and celebration. The collection analyzes how some of these psychoactive plants have been progressively incorporated and regulated in developed Western societies by both national legislation and by the United Nations Drug Conventions. It focuses mainly, but not only, on the debates in court cases around the world involving the claim of religious use and the legal definitions of "religion." It further touches upon issues of human rights and cognitive liberty as they relate to the consumption of drugs. While this collection emphasizes certain uses of psychoactive substances in different cultures and historical periods, it is also useful for thinking about the consumption of drugs in general in contemporary societies. The cultural and informal controls discussed here represent alternatives to the current merely prohibitionist policies, which are linked to the spread of illicit and violent markets. By addressing the disputes involved in the regulation of traditional drug use, this volume reflects on notions such as origin, place, authenticity, and tradition, thereby relating drug policy to broader social science debates.
"Law and Poverty: Perspectives from South Africa and Beyond" is a collection of essays by leading South African and international experts, as well as emerging young scholars. The collection focuses on key theoretical and strategic questions concerning the relationship between law and systemic poverty. The essays were first presented at a colloquium on Law and Poverty organised by the Stellenbosch Law Faculty, which took place from 29 to 31 May 2011. The range and richness of the essays illuminate the multifaceted nature and causes of poverty, as well as the possibility and limits of law in responding to the social injustice which poverty represents. By engaging with these questions, the book aims to deepen critical reflection and debate on law's ability to respond effectively to social and economic marginalisation. "The substantive content of law is influenced by how lawyers conceive and frame cases, by what theories we choose to advance, and what understanding of the legal process and the scope of judicial review we offer to the courts. Working on these questions is at best a modest contribution towards establishing a just society. But, as the learning, insight, imagination and intellectual daring on display in this collection of essays reveals, it is a contribution that should concern all those interested in the interrelationship between law and social justice." Prof Karl Klare, George J and Kathleen Waters Matthews Distinguished University Professor, Northeastern University School of Law The collection was edited by Sandra Liebenberg, HF Oppenheimer Chair in Human Rights Law at the University of Stellenbosch Law Faculty, and Geo Quinot, Professor of Law at Stellenbosch Law Faculty and Editor of the "Stellenbosch Law Review." Professors Liebenberg and Quinot co-direct a newly formed research and postgraduate training project on Socio-Economic Rights and Administrative Justice (SERAJ) based at the Stellenbosch Law Faculty.
From the creators of the UK's bestselling Law Express revision series. Maximise your marks for every answer you write with Law Express Question and Answer. This series is designed to help you understand what examiners are looking for, focus on the question being asked and make even a strong answer stand out.
Canada has become the first G7 country to legalize cannabis, and the world is watching. The primary concern facing the Liberal government as it seeks to fulfill its 2015 campaign promise to "legalize, regulate, and restrict access to marijuana" is whether it can be done without making the situation worse. As the Liberal platform pointed out, the current regime lets illegal cannabis fall into the hands of minors, pours large profits into organized crime, and traps many people in the criminal justice system for what is arguably a victimless crime. While the legalization of marijuana in Canada begins with a straightforward change of the criminal code, its ramifications go far beyond this. Legalization will have a serious impact on the country's international treaty commitments, interprovincial relations, taxation and regulatory regimes, and social and health policies. The essays in this book address these outcomes from three main perspectives: the decades-long political path to legalization; the assumptions that underwrite the new policy, in particular the desire to stamp out the black market; and how legalization in Canada looks in an international context. Bringing together analysis by policy makers and scholars, including the architect of marijuana legislation in Portugal - a trailblazing jurisdiction - High Time provides an urgent and necessary overview of Canada's Cannabis Act.
Ideal for quick reference, this pocket-sized (120x80mm), spiral-bound book in the popular Nursing & Health Survival Guide series puts all the crucial information about patient consent at your fingertips. There is an obligation for practitioners to obtain valid consent from their patients before examination, routine personal care or therapeutic treatment. However, the law relating to consent is complex. Situations may arise where a patient requires urgent treatment, yet is either unwilling or unable to give their consent, or there are concerns over the form and context of the consent. All you need to know on: the underlying principles of consent; consent and the adult patient; consent and the adult who lacks capacity; children and consent; young people and consent.
This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions. Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law. Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts.
This fully revised fourth edition of a well-respected textbook seeks to build social workers' confidence in legal interpretation and implementation - practitioners must not only know the law; they must also have a critical appreciation of its implications for human rights, civil liberties and social justice. With a focus on promoting knowledge and skills in recognising, locating and articulating legal issues, it also demonstrates how the law can be used to inform practice standards and deliver positive outcomes for service users. This is essential reading for Social Work Law modules at undergraduate and postgraduate level. Practitioners and educators will also find it an invaluable resource to guide them through a complex, yet vital, aspect of their work.
For all the diversity of views within the animal protection movement, there is a surprising consensus about the need for more severe criminal justice interventions against animal abusers. More prosecutions and longer sentences, it is argued, will advance the status of animals in law and society. Breaking from this mold, Professor Justin Marceau demonstrates that a focus on 'carceral animal law' puts the animal rights movement at odds with other social justice movements, and may be bad for humans and animals alike. Animal protection efforts need to move beyond cages and towards systemic solutions if the movement hopes to be true to its own defining ethos of increased empathy and resistance to social oppression. Providing new insights into how the lessons of criminal justice reform should be imported into the animal abuse context, Beyond Cages is a valuable contribution to the literature on animal welfare and animal rights law.
Get up to date on 2018 healthcare law and newly relevant issues The Law of Tax-Exempt Healthcare Organizations 2018 Supplement provides complete and comprehensive practitioner updates and analysis in a single volume. Tackling complex legal issues with plain-English explanations and the appropriate citations, this guide is a must-have resource for organizations and their advisors. The companion website provides extensive appendices for further reference, as well as helpful downloadable tables that facilitate a more efficient approach to practice. Healthcare law is a complex field, and keeping up with the frequent changes to federal law is itself a full time job. This book eliminates the need for extended research time by collecting all of the newest and relevant guidelines into one place. Get up to date on the latest IRS forms, guidance, and procedures Interpret complex legal issues correctly and appropriately Reference relevant federal guidelines quickly and easily Access extensive appendices and tables to streamline application As the field evolves and new issues arise, practitioners need a working knowledge of the legal implications behind organizational activities, structure, practices, and more. This most recent annual supplement to The Law of Tax-Exempt Healthcare Organizations is a must-have resource for anyone in the field.
This book provides a critical examination of contemporary approaches to environmental regulation in the UK and the European Union. It also explores how regulation has evolved in response to a number of factors, including industrial development and improved scientific knowledge, while considering the radical next steps that need to be taken in response to existing challenges. Developments in Environmental Regulation draws its focus on the effects of risk-based approaches to the environmental regulation of business and industry, including its impact on sustainable economic growth. The book also considers the challenges and potential opportunities that surround the UK's withdrawl, or `Brexit', from the European Union. This edited collection has been written by a group of highly experienced regulatory specialists whose insightful perspectives on key areas of environmental regulation are situated at the core of this work. This book will appeal to students and academics, policy-makers and environmental practitioners interested in understanding how environmental policy and regulation is applied and how it can be adapted to its political context.
Insightful, enlightening and thought-provoking, leading Premier League lawyer Daniel Geey lifts the lid on the inner workings of modern football.
Whether it is a manager being sacked, the signing of a new star player, television rights negotiations, player misconduct or multi-million-pound club takeovers, lawyers remain at the heart of all football business dealings. Written by leading Premier League lawyer Daniel Geey, who has dealt with all these incidents first hand, this highly accessible book explores the issues – from pitch to boardroom – that shape the modern game and how these impact leagues, clubs, players and fans.
Featuring insider anecdotes and expert contributions, Done Deal provides football fans with a fresh and authoritative perspective on all off-field football matters.
Drawing upon a range of disciplinary perspectives, Health Law: Frameworks and Context adopts a theoretically informed and principles-based approach to examining health law. Appealing to students and academic scholars alike, the text moves beyond traditional medical law frameworks to provide a broader contextual understanding of the way in which law intersects with health. A clear and accessible style of writing combined with a sophisticated and nuanced approach takes this rich and challenging field to a new level of analysis. Written by respected academics within the field, Health Law: Frameworks and Context is an essential text for scholars and students looking to grasp the fundamental concepts of this rapidly expanding area of law, as well as those who wish to deepen their knowledge and understanding of health law in Australia and internationally.
This groundbreaking text provides an overview and assessment of green criminology as well as a call to action. Green Criminology draws attention to the ways in which the political-economic organization of capitalism causes ecological destruction and disorganization. Focusing on real-world issues of green crime and justice, chapters include political-economic examinations of ecological withdrawals, ecological additions, toxic towns, wildlife poaching and trafficking, environmental justice, environmental laws, and nongovernment environmental organizations. The book also presents an unintimidating introduction to research from the physical sciences on issues such as climate change, pollution levels, and the ecological footprint of humans, providing a truly interdisciplinary foundation for green criminological analysis. To help students succeed in the course-and to encourage them to see themselves as future green criminology researchers-end-of-chapter materials include: *Questions and Activities for Students that review topics students should be able to conceptualize and address*Lessons for Researchers that provide ideas about additional research that might be worthwhile to undertake
Reproductive science continues to revolutionise reproduction and propel us further into uncharted territories. The revolution signalled by the birth of Louise Brown after IVF in 1978, prompted governments across Europe and beyond into regulatory action. Forty years on, there are now dramatic and controversial developments in new reproductive technologies. Technologies such as uterus transplantation that may enable unisex gestation and babies gestated by dad; or artificial wombs that will completely divorce reproduction from the human body and allow babies to be gestated by machines, usher in a different set of legal, ethical and social questions to those that arose from IVF. This book revisits the regulation of assisted reproduction and advances the debate on from the now much-discussed issues that arose from IVF, offering a critical analysis of the regulatory challenges raised by new reproductive technologies on the horizon.
Written by a working journalist with over 20 years' experience, Law for Journalists is designed to equip you with a solid understanding of the day-to-day legal principles and practices you will need throughout your career. Suitable for use on courses accredited by the NCTJ and BCTJ, this book is packed full of practical tips and suggestions, making it a must-have guide to media law for journalism students, trainees and working journalists alike. New to this edition: Discussion of the first cases brought since the Defamation Act 2013 came into force, highlighting how the new provisions are being interpreted by the courts. Increased coverage of broadcast and online journalism, and social media. More detailed focus on the ethical codes of practice used by Ofcom and IPSO.
Ending Zero Tolerance answers the calls of grassroots communities pressing for integration and increased education funding with a complete rethinking of school discipline. In the era of zero tolerance, we are flooded with stories about schools issuing draconian punishments for relatively innocent behavior. One student was suspended for chewing a Pop-Tart into the shape of a gun. Another was expelled for cursing on social media from home. Suspension and expulsion rates have doubled over the past three decades as zero tolerance policies have become the normal response to a host of minor infractions that extend well beyond just drugs and weapons. Students from all demographic groups have suffered, but minority and special needs students have suffered the most. On average, middle and high schools suspend one out of four African American students at least once a year. The effects of these policies are devastating. Just one suspension in the ninth grade doubles the likelihood that a student will drop out. Fifty percent of students who drop out are subsequently unemployed. Eighty percent of prisoners are high school drop outs. The risks associated with suspension and expulsion are so high that, as a practical matter, they amount to educational death penalties, not behavioral correction tools. Most important, punitive discipline policies undermine the quality of education that innocent bystanders receive as well-the exact opposite of what schools intend. Derek Black, a former attorney with the Lawyers' Committee for Civil Rights Under Law, weaves stories about individual students, lessons from social science, and the outcomes of courts cases to unearth a shockingly irrational system of punishment. While schools and legislatures have proven unable and unwilling to amend their failing policies, Ending Zero Tolerance argues for constitutional protections to check abuses in school discipline and lays out theories by which courts should re-engage to enforce students' rights and support broader reforms.
Who controls how one's identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity-a little-known law, often wielded by celebrities-to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity's emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right's subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right's origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from "wrongful publicity." This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes' images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
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