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Expert Witnessing in Forensic Accounting: A Handbook for Lawyers and Accountants (Expert Witnessing)
by Zeph Telpner Michael MostekFrom opposing the local CPA to tackling the Big Five - Everything you need to know about accounting in the courtroomWith the recent boom in litigation and malpractice charges concerning tax, accounting, financial litigation, and fraud disputes, more and more accounting professionals are being hired as expert witnesses. Yet, few lawyers have
Expert Witnessing: Explaining and Understanding Science
by Carl MeyerCommunication problems between science and the courts are widely deplored and sometimes exploited by a variety of groups. The U.S. Supreme Court has twice tightened the law of evidence to control the flow of information, but amazingly little has been written to analyze the nature of the problem and reduce the barriers. Expert Witnesses: Explaining and Understanding Science results from the first-hand experience of the contributors-who include scientists, expert witnesses, litigators, and a judge-that the cultural and interdisciplinary communications barriers between science and the law can be greatly reduced to everybody's advantage if the parties understand and respect each other's needs and positions.
Expertise in Regulation and Law (Applied Legal Philosophy)
by Edmond GaryThis collection of essays examines the multi-faceted roles of experts and expertise in and around contemporary legal and regulatory cultures. The essays illustrate the complexity intrinsic to the production and use of expert knowledge, particularly during transition from specialist communities to other domains such as policy formulation, regulatory standard setting and litigation. Several themes pervade the collection. These include the need to recognize that: expert knowledge and opinion is often complex, controversial and contested; there are no simple criteria for resolving disagreements between experts; appeals to 'objectivity' and 'impartiality' tend to be rhetorical rather than analytical; contests in expertise are frequently episodes in larger campaigns; there are many different models of expertise and knowledge; processes designed to deal with expert knowledge are unavoidably political; questions around who is an expert and what should count as expertise are not always self-evident; and the evidence rarely 'speaks for itself'.
Experts, Networks and International Law
by Joanna Harrington Holly Cullen Catherine RenshawHighlighting how the challenges raised by globalization - from environmental management to financial sector meltdowns - have encouraged the emergence of experts and networks as powerful actors in international governance, the contributions in this collection assess the methods and effectiveness of these new actors. Unlike other books that have focused on networks or experts, this volume brings these players together, showing how they interact and share the challenges of establishing legitimacy and justifying their power and influence. The collection shows how experts and networks function in different ways to address diverse problems across multiple borders. The reader is provided with a broader and deeper practical understanding of how informal authority actually operates, and of the nature of the relationship between different actors involved in policymaking. Through a range of case studies, the contributions in this collection explain how globalization is reshaping traditional forms of power and authority.
Explaining Disease: Philosophical Reflections on Medical Research and Clinical Practice (European Studies in Philosophy of Science)
by Raffaella CampanerThis interdisciplinary monograph in philosophy of medicine examines models of explanation in health science and their relation with current medical trends, such as personalized and person-centered medicine. Medicine has provided challenging case studies for the general philosophy of science that have prompted rethinking of a wide range of philosophical notions – such as scientific law, theory and evidence – and contributed to the elaboration of pluralistic approaches to modeling, causality and explanation. The health sciences have increasingly recognized the role of philosophy of medicine as both a field of conceptual and methodological reflection, capable of addressing practical issues, and hence relevant for a proper understanding of the construction of medical knowledge, modeling practices, therapeutic strategies and preventive decisions.'Explaining Disease' contains various case studies in medicine to describe the assumptions underpinning the construction of explanatory models of diseases. It shows the impact different explanatory strategies can have on practical matters, which in turn affect clinical evaluation and therapy and public health decisions. The book concludes with a few open-ended reflections to foster more thorough consideration of the role of philosophy of medicine can play its dialogue with the health sciences. [this sounds wrong. Either: of the role of philosophy of medicine in its dialogue with the sciences, or: of the role philosophy of medicine can play in its dialogue with the health sciences.
Explaining Guanxi: The Chinese Business Network
by Anthony Walker Ying Lun SoGuanxi, a system of Chinese business relationships, is often described, but is rarely fully understood. Though it seems intangible, there is no doubt that it has contributed significantly to the success of Chinese entrepreneurs and the places where they work. Translated loosely as ‘personal ties’, this simple explanation belies a complex and nuanced system. Guanxi has often been criticised as nepotism - unfair, inefficient, even corrupt, and generally detrimental to business and economic growth… but if it is that bad, how does it survive? This insightful book unravels the origins of Guanxi and provides a much-needed explanation of the phenomena. It investigates: why it was initiated and developed what function it serves how it is maintained why it is such a dominant phenomenon in Chinese business life Combining economics, law and culture, this clear and concise book looks to the future of Guanxi based on its history. Drawing on cultural, organizational and economic studies, it takes a multi-disciplinary approach, integrating these various topics into a coherent explanation of Guanxi ensuring that this illuminating book will be equally useful to students of Asian business as to practitioners working within this market.
Explaining Health Across the Sciences (Healthy Ageing and Longevity #12)
by Suresh I. S. Rattan Jonathan ShollThis edited volume aims to better understand the multifaceted phenomenon we call health. Going beyond simple views of health as the absence of disease or as complete well-being, this book unites scientists and philosophers. The contributions clarify the links between health and adaptation, robustness, resilience, or dynamic homeostasis, and discuss how to achieve health and healthy aging through practices such as hormesis. The book is divided into three parts and a conclusion: the first part explains health from within specific disciplines, the second part explores health from the perspective of a bodily part, system, function, or even the environment in which organisms live, and the final part looks at more clinical or practical perspectives. It thereby gathers, across 30 chapters, diverse perspectives from the broad fields of evolutionary and systems biology, immunology, and biogerontology, more specific areas such as odontology, cardiology, neurology, and public health, as well as philosophical reflections on mental health, sexuality, authenticity and medical theories. The overarching aim is to inform, inspire and encourage intellectuals from various disciplines to assess whether explanations in these disparate fields and across biological levels can be sufficiently systematized and unified to clarify the complexity of health. It will be particularly useful for medical graduates, philosophy graduates and research professionals in the life sciences and general medicine, as well as for upper-level graduate philosophy of science students.
Explaining Inequality
by Maurizio Franzini Mario PiantaInequalities in incomes and wealth have increased in advanced countries, making our economies less dynamic, our societies more unjust and our political processes less democratic. As a result, reducing inequalities is now a major economic, social and political challenge. This book provides a concise yet comprehensive overview of the economics of inequality. Until recently economic inequality has been the object of limited research efforts, attracting only modest attention in the political arena; despite important advances in the knowledge of its dimensions, a convincing understanding of the mechanisms at its roots is still lacking. This book summarizes the topic and provides an interpretation of the mechanisms responsible for increased disparities. Building on this analysis the book argues for an integrated set of policies addressing the roots of inequalities in incomes and wealth Explaining Inequality will be of interest to students, researchers and practitioners concerned with inequality, economic and public policy and political economy.
Explaining Right and Wrong: A New Moral Pluralism and Its Implications (Routledge Studies in Ethics and Moral Theory)
by Benjamin SachsExplaining Right and Wrong aims to shake the foundations of contemporary ethics by showing that moral philosophers have been deploying a mistaken methodology in their efforts to figure out the truth about what we morally ought to do. Benjamin Sachs argues that moral theorizing makes sense only if it is conceived of as an explanatory project and carried out accordingly. The book goes on to show that the most prominent forms of moral monism—consequentialism, Kantianism, and contractarianism/contractualism—as well as Rossian pluralism, each face devastating explanatory objections. It offers in place of these flawed options a brand-new family of normative ethical theories, non-Rossian pluralism. It then argues that the best kind of non-Rossian pluralism will be spare; in particular, it will deny that an action can be wrong in virtue of constituting a failure to distribute welfare in a particular way or that an action can be wrong in virtue of constituting a failure to rescue. Furthermore, it also aims to show that a great deal of contemporary writing on the distribution of health care resources in cases of scarcity is targeted at questions that either have no answers at all or none that ordinary moral theorizing can uncover.
Explaining Tort and Crime: Legal Development Across Laws and Legal Systems, 1850–2020
by Matthew DysonTracing almost 200 years of history, Explaining Tort and Crime explains the development of tort law and criminal law in England compared with other legal systems. Referencing legal systems from around the globe, it uses innovative comparative and historical methods to identify patterns of legal development, to investigate the English law of fault doctrine across tort and crime, and to chart and explain three procedural interfaces: criminal powers to compensate, timing rules to control parallel actions, and convictions as evidence in later civil cases. Matthew Dyson draws on decades of research to offer an analysis of the field, examining patterns of legal development, visible as motifs in the law of many legal systems.
Exploding Data: Reclaiming Our Cyber Security in the Digital Age
by Michael ChertoffA former Secretary of Homeland Security examines our outdated laws regarding the protection of personal information, and the pressing need for change. Nothing undermines our freedom more than losing control of information about ourselves. And yet, as daily events underscore, we are ever more vulnerable to cyber-attack. In this bracing book, Michael Chertoff makes clear that our laws and policies surrounding the protection of personal information, written for an earlier time, are long overdue for a complete overhaul. On the one hand, the collection of data—more widespread by business than by government, and impossible to stop—should be facilitated as an ultimate protection for society. On the other, standards under which information can be inspected, analyzed, or used must be significantly tightened. In offering his compelling call for action, Chertoff argues that what is at stake is not so much the simple loss of privacy, which is almost impossible to protect, but of individual autonomy—the ability to make personal choices free of manipulation or coercion. Offering vivid stories over many decades that illuminate the three periods of data gathering we have experienced, Chertoff explains the complex legalities surrounding issues of data collection and dissemination today, and charts a path that balances the needs of government, business, and individuals alike. &“Surveys the brave new world of data collection and analysis…The world of data as illuminated here would have scared George Orwell.&”―Kirkus Reviews &“Chertoff has a unique perspective on data security and its implications for citizen rights as he looks at the history of and changes in privacy laws since the founding of the U.S.&”—Booklist
Exploitation and Developing Countries: The Ethics of Clinical Research
by Jennifer S. Hawkins and Ezekiel J. EmanuelWhen is clinical research in developing countries exploitation? Exploitation is a concept in ordinary moral thought that has not often been analyzed outside the Marxist tradition. Yet it is commonly used to describe interactions that seem morally suspect in some way. A case in point is clinical research sponsored by developed countries and carried out in developing countries, with participants who are poor and sick, and lack education. Such individuals seem vulnerable to abuse. But does this, by itself, make such research exploitative? Exploitation and Developing Countries is an attempt by philosophers and bioethicists to reflect on the meaning of exploitation, to ask whether and when clinical research in developing countries counts as exploitative, and to consider what can be done to minimize the possibility of exploitation in such circumstances. These reflections should interest clinical researchers, since locating the line between appropriate and inappropriate use of subjects--the line between exploitation and fair use--is the central question at the heart of research ethics. Reflection on this rich and important moral concept should also interest normative moral philosophers of a non-Marxist bent. In addition to the editors, the contributors are Richard J. Arneson, Alisa L. Carse, Margaret Olivia Little, Thomas Pogge, Andrew W. Siegel, and Alan Wertheimer.
Exploitation, Ethics and Law: Violating the Ethos of the Doctor-Patient Relationship (Biomedical Law and Ethics Library)
by Suzanne Ost Hazel BiggsFocusing on a matter of continuing contemporary significance, this book is the first work to offer an in-depth exploration of exploitation in the doctor-patient relationship. It provides a theoretical analysis of the concept of exploitation, setting out exploitation’s essential elements within the authors’ account of wrongful exploitation. It then presents a contextual analysis of exploitation in the doctor-patient relationship, considering the dynamics of this fiduciary relationship, the significance of vulnerability, and the reasons why exploitation in this relationship is particularly wrongful. Two case studies – sexual exploitation and assisted dying – are employed to assess what the appropriate legal, ethical and regulatory responses to exploitation should be, to identify common themes regarding the doctor’s behaviour (such as the use of undue influence as a conduit through which to take advantage of and misuse patients), and to illustrate the effects of exploitation on patients. A recurring question addressed is how exploitation in the doctor-patient relationship is and should be dealt with by ethics, regulators and the law, and whether exploitation in this relationship is a special case. The book provides a critical, interdisciplinary evaluation of exploitation in the doctor-patient relationship that will be of interest to health care lawyers, bioethicists, legal academics and practitioners, health care professionals and policymakers.
Exploitation, Resettlement, Mass Murder
by Alex J. KayConvinced before the onset of Operation "Barbarossa" in June 1941 of both the ease, with which the Red Army would be defeated and the likelihood that the Soviet Union would collapse, the Nazi regime envisaged a radical and far-reaching occupation policy which would result in the political, economic and racial reorganization of the occupied Soviet territories and bring about the deaths of 'x million people' through a conscious policy of starvation. This study traces the step-by-step development of high-level planning for the occupation policy in the Soviet territories over a twelve-month period and establishes the extent to which the various political and economic plans were compatible.
Exploiting People for Profit: Trafficking in Human Beings
by Simon Massey Glynn RankinThis book provides a short, comprehensive, critical analysis of trafficking in human beings. Despite the size and scope of this criminal activity, there remains a need for an accurate, objective, contemporary examination of this threat as the nature of this crime and the strategies developed to counter it are fluid. Trafficking harms not only the lives of those trafficked but equally families and communities, as well as national economies and social cohesion. As this crime spans the spectrum of social science disciplines and fields of study, together with its increasing exposure in the media, this has led to a sharp increase in interest in this topic within the academic community and amongst policy makers, criminal justice practitioners and the wider public. This book draws on current research, the authors’ expert knowledge and insight into current counter-trafficking practices to provide a critical analysis of the crime and strategies to counter its prevalence.
Exploiting the Limits of Law: Swedish Feminism and the Challenge to Pessimism
by Eva-Maria Svensson Åsa GunnarssonMoving beyond the question of whether an area of scholarly investigation can truly be characterized as 'legal', Exploiting the Limits of Law combats the often unhelpful constraints of law's subject-matter and formal processes. Through a process of reflection on the limits of law and repeated efforts to redraw them, this book challenges the general sense of pessimism among feminists and others about the usefulness of law as an instrument of change. The work combines theoretical analysis of the law's boundaries with investigation of the practical settings for changing legal and policy environments. Both the empirical focus of this volume, and its underlying theoretical concern with the limits of the law and its gender implications, render it of interest to legal scholars throughout the world, whether of EU law, feminism, social policy or philosophy.
Explorations in Difference: Law, Culture, and Politics (Routledge Revivals)
by Jonathan Hart Richard W. BaumanFirst published in 1996, Explorations in Difference explores how contemporary debates over identity and difference come into play within the workings of cultural, legal, and political institutions. The book brings together a variety of perspectives on the meanings and implications of difference in the context of postmodern theory. It is divided into two parts: ‘Theoretical Accounts’, which establishes a context for postmodern inquiries into difference, and ‘Instances’, which provides application to particular issues. Highly interdisciplinary, Explorations in Difference continues to have lasting relevance and will appeal to those with an interest in postmodern difference and its implications.
Explorations in Ethics: Meta, Normative, And Applied
by David KasparExplorations in Ethics is a collection of essays with a speculative bent. Its twelve contributors attempt to take ethics thinking in new directions. Ethics is fundamentally a speculative discipline. We sometimes lose sight of that because of our current scholarly practices, which include reliance on a set of traditional works in ethics, deferring to the scholarly literature, drawing from the evidential sources afforded us. This volume breaks the mold. It is committed, first and foremost, to exploring new ground in a methodologically sound way whilst respecting and building on the literature where needed. The contributors range from world renowned ethicists to early-career scholars. The ethical standpoints represented are various and the overall aim of this collection is to stimulate fresh thinking.
Exploring Agency in the Mahabharata: Ethical and Political Dimensions of Dharma
by Sibesh Chandra Bhattacharya Vrinda Dalmiya Gangeya MukherjiThe Mahabharata, one of the major epics of India, is a sourcebook complete by itself as well as an open text constantly under construction. This volume looks at transactions between its modern discourses and ancient vocabulary. Located amid conversations between these two conceptual worlds, the volume grapples with the epic’s problematisation of dharma or righteousness, and consequently, of the ideal person and the good life through a cluster of issues surrounding the concept of agency and action. Drawing on several interdisciplinary approaches, the essays reflect on a range of issues in the Mahabharata, including those of duty, motivation, freedom, selfhood, choice, autonomy, and justice, both in the context of philosophical debates and their ethical and political ramifications for contemporary times. This book will be of interest to scholars and researchers engaged with philosophy, literature, religion, history, politics, culture, gender, South Asian studies, and Indology. It will also appeal to the general reader interested in South Asian epics and the Mahabharata.
Exploring Betty A. Reardon’s Perspective on Peace Education: Looking Back, Looking Forward (Pioneers in Arts, Humanities, Science, Engineering, Practice #20)
by Dale T. SnauwaertThis book presents commentaries by a leading international group of peace education scholars and practitioners concerning Reardon’s peace education theory and intellectual legacy. The guiding question throughout the book is: How can her foundational work be used to advance the theory and practice of peace education? In an attempt to find answers, the contributing authors explore three general areas of inquiry: (1) Theoretical Foundations of Peace and Human Rights Education; (2) Feminism and the Gender Perspective as Pathways of Transformation Toward Peace and Justice; and (3) Peace Education Pedagogy and Practices. A contemplative commentary by Reardon herself rounds out the coverage
Exploring Central and Eastern Europe’s Biotechnology Landscape
by Peter T. Robbins Farah HuzairAt a time when the human genome has been sequenced advances in the life sciences seem to have great potential for human health, industry and the environment throughout Central and Eastern Europe (CEE). Still, for some, potential risks and ethical dilemmas remain, surrounding issues such as the appropriate use of GM crops, stem cells, genetic information, the nature of intellectual property and other challenges that come with EU accession. This book is the first of its kind to bring together experts from across Europe to explore the landscape of current life science policy and industrial development in CEE, including implications for economies, regulatory and legal frameworks, health care, ethics and human rights. It will be essential reading for researchers and students in science and technology studies, development, sociology, politics and law, and those interested in life science development in transition economies.
Exploring Christian Ethics: Biblical Foundations for Morality
by Kyle D. FedlerAdopting a unique appraoch among inroductions to Christian ethics, Kyle Fedler's Exploring Christian Ethics guides students through the moral decision-making process by providing foundational material in both ethical theory and biblical ethics. First, Fedler introduces the reader to the discipline of ethics, then he explores the ways Scripture can be used responsibly in Christian ethics, and finally, he presents and analyzes the sections of Scripture that have been most influential in Christian morality and ethics.
Exploring Communication Ethics: A Socratic Approach
by Randy BobbittExploring Communication Ethics is a comprehensive textbook on the ethical issues facing communication professionals in today&’s rapidly changing media environment. Empowering students to respond to real-world ethical dilemmas by drawing upon philosophical principles, historical background, and the ethical guidelines of major professional organizations, this book is designed to stimulate class discussion through real-world examples, case studies, and discussion problems. Students will learn how to mediate between the best interests of their employers and their responsibilities toward other parties, and to consider how economic, technological, and legal changes in their industries affect these ethical considerations. It can be used as a core textbook for undergraduate or graduate courses in communication or media ethics, and provides an ideal supplement for specialist classes in public relations, professional communication, advertising, political communication, or journalism and broadcast media.
Exploring Corporate Human Rights Responsibilities in OECD Case Law (Interdisciplinary Studies in Human Rights #14)
by Markus Krajewski Otgontuya DavaanyamThis open access book consolidates a collection of scholarly papers presented at the academic conference titled "Corporate Human Rights Responsibility in OECD Case Law: Actors, Issues, Responsibilities, and Remedies", held on 4 and 5 May 2023. The conference was organized by the OECD Case Law Project at Friedrich-Alexander-Universität Erlangen-Nürnberg. The book is divided into three sections. The first examines how NCP cases interpret corporate responsibilities, including financial institutions, on human rights and environmental issues, focusing on climate change and conflict-affected zones. It also highlights how OECD cases address corporate accountability and its impact on the revised OECD Guidelines and the EU Corporate Sustainability Due Diligence Directive (CSDDD). The second section critically evaluates the NCP mechanism's effectiveness, assessing whether it provides substantive remedies and how well NCP mediation resolves disputes. It offers both quantitative and qualitative analysis of the grievance processes in line with UNGP effectiveness criteria. The third section explores the NCP’s role in global corporate responsibility frameworks, particularly its potential influence on shaping mandatory due diligence obligations through frameworks like the CSDDD, reinforcing corporate accountability in international business practices. Additionally, the book offers key recommendations for policymakers, NCP experts, and practitioners on improving the NCP system to ensure more meaningful outcomes for human rights violations.
Exploring Courtroom Discourse: The Language of Power and Control (Law, Language and Communication)
by Le ChengThis volume presents a combination of practical, empirical research data and theoretical reflection to provide a comparative view of language and discourse in the courtroom. The work explores how the various disciplines of law and linguistics can help us understand the nature of "Power and Control" - both oral and written - and how it might be clarified to unravel linguistic representation of legal reality. It presents and examines the most recent research and theories at national and international levels. The book represents a valuable contribution to the study and analysis of courtroom discourse and courtroom cultures more generally. It will be of interest to students and researchers working in the areas of language and law, legal theory, interpretation, and semiotics of law.