Book:
The Troubled Pregnancy: Legal Wrongs and Rights in ReproductionAuthor:
J. K. MasonPages:
346Format:
pdfLanguage:
EnglishISBN10:
0521616247Mason looks at the legal response to those aspects of the troubled pregnancy which require or involve medico-legal intervention. The unwanted pregnancy is considered particularly in the light of the Abortion Act 1967, s.1(1)(d) and the related action for so-called wrongful birth due to faulty ante-natal care. The unexpected or uncovenanted birth of a healthy child resulting from failed sterilisation is approached through an analysis of the seminal case of McFarlane and associated cases involving disability in either the neonate or the mother. The disabled neonate's right to sue for its diminished life is discussed and the legal approach to the management of severe congenital disease is analysed - thus following Baroness Hale in believing that care of the newborn is an integral part of pregnancy. Aspects are considered from historical and comparative perspectives, including coverage of experience in the USA, the Commonwealth and Europe. 
Book:
Law in Times of Crisis: Emergency Powers in Theory and PracticeAuthor:
Oren GrossPages:
516Format:
pdfLanguage:
EnglishISBN10:
0521833515The terrorist attacks of September 11, 2001, and the ensuing 'war on terror' have focused attention on issues that have previously lurked in a dark corner at the edge of the legal universe. This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions, bringing together insights gleaned from the Roman republic and Jewish law through to the initial responses to the July 2005 attacks in London. Three models of emergency powers are used to offer a conceptualization of emergency regimes, giving a coherent insight into law's interface with and regulation of crisis and a distinctive means to evaluate the legal options open to states for dealing with crises.
Book:
Law, Anthropology, and the Constitution of the Social: Making Persons and ThingsAuthor:
Alain PottagePages:
324Format:
pdfLanguage:
EnglishISBN10:
0521831784This book is the product of a collaboration between leading theorists in law and anthropology. It develops an innovative analysis of legal practices. Specifically, it focuses on how law produces persons and things, and develops new approaches to the question of ownership. These approaches are of particular value in understanding the cultural impact of biotechnology. At the same time they illuminate the history of western law, and develop thought-provoking comparisons between western law and Islamic law.
Book:
Driving Innovation: Intellectual Property Strategies for a Dynamic WorldAuthor:
Michael A. GollinPages:
432Format:
pdfLanguage:
EnglishISBN10:
0521701694While not readily apparent from the title, this comprehensive book should be read by all in-house counsel in technology and other companies with IP assets. It covers IP basics and addresses history, public policy and strategic management from a global perspective. I did not expect to come across so many practical insights.
Book:
Constitutional Rights in Two Worlds: South Africa and the United StatesAuthor:
Mark S. KendePages:
336Format:
pdfLanguage:
EnglishISBN10:
0521171768The South African Constitutional Court has issued internationally prominent decisions abolishing the death penalty, enforcing socio-economic rights, allowing gay marriage and promoting equality. These decisions are striking given the country's Apartheid past and the absence of a grand human rights tradition. By contrast, the U.S. Supreme Court has generally ruled more conservatively on similar questions. This book examines the Constitutional Court in detail to determine how it has functioned during South Africa's transition and compares its rulings to those of the U.S. Supreme Court on similar rights issues. The book also analyzes the scholarly debate about the Constitutional Court taking place in South Africa. It furthermore addresses the arguments of those international scholars who have suggested that constitutional courts do not generally bring about social change. In the end, the book highlights a transformative pragmatic method of constitutional interpretation - a method the U.S. Supreme Court could employ.
Book:
The Relationship Rights of ChildrenAuthor:
James G. DwyerPages:
378Format:
pdfLanguage:
EnglishISBN10:
0521862248James Dwyer is perhaps the foremost scholar on children's rights in the United States. This book only adds to his accomplishments. The current legal system does more to protect parents who abuse and neglect their children than it does to protect the children. We force children to be in relationships that are to their detriment that they would never choose for themselves.Dwyer's ideas may seem radical, but his methodical arguments leave little doubt at their conclusion. To his credit he addresses counterarguments to his position that are substantive, rather than merely strawmen. In the process he gives one of the best overviews of the topic individual autonomy that I have seen.For anyone who works to protect children, this book is required reading. When it comes to doing what is best children, our society talks a good game but does little service. The system is fundamentally flawed: this book shows the flaws and how to fix them.
Book:
Deporting Our Souls: Values, Morality, and Immigration PolicyAuthor:
Bill Ong HingPages:
236Format:
pdfLanguage:
EnglishISBN10:
0521864925In the past three decades, images of undocumented immigrants pouring across the southern border have driven the immigration debate and policies have been implemented in response to those images. The Oklahoma City bombings and the tragic events of September 11, both of questionable relevance to immigration policy have provided further impetus to implement strategies that are anti-immigration in design and effect. This book discusses the major immigration policy areas - undocumented workers, the immigration selection system, deportation of aggravated felons, national security and immigration policy, and the integration of new Americans - and the author suggests his own proposals on how to address the policy challenges from a perspective that encourages us to consider the moral consequences of our decisions. The author also reviews some of the policies that have been put forth and ignored and suggests new policies that would be good for the country economically and socially.
Book:
Licensing Digital Content: A Practical Guide for LibrariansAuthor:
Lesley Ellen HarrisPages:
184Format:
pdfLanguage:
EnglishISBN10:
0838909922With an increasing number of digital products available, librarians have become negotiators and interpreters. With this in mind, the author, an expert on copyright law, has written a new edition of this sensible guide to library license agreements. The writing style is like what she advocates for your library’s licenses—straightforward and clear. Far from making negotiations a scary process, the guide helps librarians understand their position and that of the content provider. Chapters cover topics such as “When to License,” “Key Digital Licensing Clauses,” and “Un-intimidating Negotiations.” Appendixes provide the text of relevant copyright law as well as a “Digital Licensing Clauses Checklist.” Also included are a glossary and a list of free online resources for further information. Recommended for any librarian who may have to negotiate a license agreement.
Book:
Overcriminalization. The Limits of the Criminal LawAuthor:
Douglas HusakPages:
248Format:
PDFLanguage:
EnglishISBN10:
019532871XThe United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Book:
Housing and Property Restitution Rights of Refugees and Displaced Persons: Laws, Cases, and MaterialsAuthor:
Scott LeckiePages:
592Format:
pdfLanguage:
EnglishISBN10:
0521858755Throughout history, ordinary people have been forced to flee their homes due to war, state-driven violence, human rights violations such as forced eviction, and natural and manmade disasters. For most of recorded history, those displaced never returned to their original homes and were forced to start new lives elsewhere.The past sixty years have been witness to a major historical shift whereby those who were forced to flee their homes against their will have been increasingly entitled by right to return to and repossess their homes, lands, and properties. This has become known as the process of housing, land, and property restitution.This book contains 240 laws and other regulations recognizing these rights at the international, regional, and national levels.
Book:
Property Law: Commentary and MaterialsAuthor:
Alison ClarkePages:
780Format:
PDFLanguage:
EnglishISBN10:
0521614899An innovative examination of the law's treatment of property, this student textbook provides a readable account of general property law principles. It draws on a wide range of materials on property rights in general, and the English property law system in particular, looking at all kinds of property, not just land. It includes the core legal source materials in property law along with excerpts from social science literature, legal theory, and economics, many of which are not easily accessible to law students. These materials are accompanied by a critical commentary, as well as notes, questions and suggestions for further reading.
Book:
The Changing International Law of High Seas FisheriesAuthor:
Francisco Orrego VicunaPages:
360Format:
PDFLanguage:
EnglishISBN10:
0521641934This book explains current problems of and pressures on fisheries in the high seas and how this situation is leading to important changes in the legal and environmental considerations governing this activity. Conventions and Agreements, particularly the 1982 Law of the Sea Convention and the 1995 Agreement on Straddling Stocks and highly migratory species, are discussed in detail together with the developments of state practice and actions undertaken by international organizations.
Book:
Migration and Refugee Law: Principles and Practice in AustraliaAuthor:
John VrachnasPages:
364Format:
PDFLanguage:
EnglishISBN10:
052171432XMigration and refugee law and policy is fundamentally concerned with the choices that we as a nation make regarding the people that we allow into our community and to share our resources. Migration and Refugee Law: Principles and Practice in Australia 2nd Edition provides an overview of the legal principles governing the entry of people into Australia. The 2nd edition encompasses legislative amendments and significant judicial decisions to 2007. As well as dealing with migration and refugee law today, the book analyses the policy and moral considerations underpinning this area of law. This is especially so in relation to refugee law, which is one of the most divisive social issues of our time. The book suggests proposals for change and how this area of law can be made more coherent and principled. This book is written for all people who have an interest in migration and refugee law.
Book:
Roman Law in ContextAuthor:
David JohnstonPages:
164Format:
PDFLanguage:
EnglishISBN10:
0521639611This book explains the rules of Roman law in the light of the society and economy in which it operated. The main topics discussed are the family and inheritance, property and the use of land, commercial transactions and the management of businesses, litigation and how easily the Roman citizen could assert his or her legal rights in practice. The book involves a minimum of legal technicality and is intended to be accessible to students and teachers of Roman history.
Book:
Inside Lawyers' EthicsAuthor:
Christine ParkerPages:
288Format:
PDFLanguage:
EnglishISBN10:
0521546648Legal ethics is often described as an oxymoron or contradiction in terms - lay people find the concept amusing and lawyers can find ethics impossible. This book is designed to help law students and new lawyers understand and modify their own ethical priorities.
Book:
Comparative Constitutionalism and Good Governance in the Commonwealth: An Eastern and Southern African PerspectiveAuthor:
Hatchard JohnPages:
388Format:
PDFLanguage:
EnglishISBN10:
0521118298The central role that effective governance plays in the economic and social development of a country is widely recognized. Using the example of the Commonwealth countries of eastern and southern Africa, this book analyzes the key issues in the process of developing, strengthening and consolidating the state's capacity to ensure the effective governance of its peoples. The book draws attention to the problems of constitutionalism and critically addresses legal issues involved in making constitutions "work" in practice.
Book:
Copyright and Multimedia Products: A Comparative AnalysisAuthor:
Irini A. StamatoudiPages:
336Format:
pdfLanguage:
EnglishISBN10:
0521049482Multimedia products have become highly successful. Yet they are often inadequately protected by existing national and international copyright schemes. This study is one of the first comprehensive, comparative analyses of multimedia works and copyright protection. Stamatoudi considers the nature of the multimedia work, and existing legislation, as well as collections and compilations, databases, audiovisual works and computer programs. Finally, she offers a model for a European legislative solution. Her work will interest academics and students, as well as lawyers and copyright policy makers.
Book:
Health Law and the European UnionAuthor:
Tamara K. HerveyPages:
540Format:
PDFLanguage:
EnglishISBN10:
0521605245How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.
Book:
Families and the European Union: Law, Politics and PluralismAuthor:
Clare McGlynnPages:
262Format:
PDFLanguage:
EnglishISBN10:
0521613353In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on the economic ambitions of the EU is forming the basis for the little-recognised and under-researched field of EU family law. This book examines three different aspects of family life - childhood, parenthood and partnerships - and critically analyses existing EU law in relation to each. It examines the emerging field of EU family law, providing a highly sceptical account of recent developments and a robust challenge to the arguments in favour of the codification of European civil law, including family law.
Book:
The Commercial Appropriation of PersonalityAuthor:
Huw Beverley-SmithPages:
404Format:
pdfLanguage:
EnglishISBN10:
0521052521Commercial exploitation of attributes of an individual's personality (name, voice and likeness) is characteristic of modern advertising and marketing. This volume provides a framework for analyzing the disparate aspects of the commercial appropriation of personality and traces its discrete patterns in the major common law systems. It considers whether a coherent justification for a remedy may be identified from a range of competing theories.
