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Legal Accents, Legal Borrowing: The International Problem-Solving Court Movement
by James L. NolanA wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.
Legal Accountability and Britain's Wars 2000-2015 (Routledge Research in International Law)
by Peter RoweThis book discusses the manner in which Britain’s wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that ‘the Armed Forces are under legal siege.’ The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners’ courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.
Legal Agreements on Smart Contract Platforms in European Systems of Private Law (Law, Governance and Technology Series #56)
by Jasper VerstappenBlockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.
Legal Aid in Crisis: Assessing the Impact of Reform
by Sarah Moore Alex NewburyOriginally introduced as a form of social welfare with near-universal eligibility, legal aid in the UK is now framed as a benefit external to the legal system and understood in primarily economic terms. This book is the first to evaluate the recent reforms of UK legal aid from a social policy perspective and assess their impact on family law courts and advocacy. Written by experts in the field, it focuses on the rise in people representing their own legal case and argues that the reforms effectively ‘delawyerise’ disputes, producing a more inquisitorial justice system and impacting the litigants, court system, staff and process. Arguing for a more holistic concept of the reforms, the book will be of relevance to students, academics, policy-makers, judges, campaigners and social workers, not just in England and Wales, but in other jurisdictions instituting cuts to their legal aid budgets, such as Australia, Scotland, France, and the Netherlands.
Legal Analysis and Writing
by William H. PutmanLEGAL ANALYSIS AND WRITING, 4TH EDITION helps readers analyze statutes and cases and draft supporting legal memoranda. In addition to the fundamentals of good writing, legal or otherwise, the book illustrates how paralegals analyze and brief cases, identify key facts and legal issues, and apply case law and counteranalysis to legal matters, and more. Going beyond mere explanations, the book shows readers how to apply concepts to hypothetical situations, draft legal memoranda and correspondence, and scrutinize legal citations and Web research, to develop a thorough understanding of the analytical and writing responsibilities paralegals undertake. Legal Analysis and Writing, 4th Edition is a robust resource for any paralegal writing course and includes a host of available supplemental tools designed to enhance learning while simplifying instructor preparation.
Legal Analysis: The Fundamental Skill
by David S. Romantz Kathleen Elliott VinsonThe third edition of Legal Analysis: The Fundamental Skill continues to teach students the critical skills of legal reasoning. This popular book introduced the CREAC paradigm to law students. The third edition builds on the basics of the CREAC paradigm and explains how to use CREAC in a variety of additional ways. The book is a practical and clear guide that explains the many ways lawyers analyze the law. The authors demystify legal analysis through step-by-step explanations of the different levels of critical thinking to thoroughly explain and apply the law to a client's case. New examples and exercises are also included.
Legal Analytics: The Future of Analytics in Law
by Namita Singh Malik, Elizaveta A Gromova, Smita Gupta and Balamurugan BalusamyLegal Analytics: The Future of Analytics in Law navigates the crisscrossing of intelligent technology and legal field in building up new landscape of transformation. Legal automation navigation is multidimensional wherein it intends to construct streamline communication, approval and management of legal task. Evolving environment of technology has emphasized need for better automations in legal field from time to time. Although legal scholars took long to embrace Information revolution of legal field. •Describes the historical development of law and automation •Analyses the challenges and opportunities in law and automation •Studies the current research and development in the convergence of Law, Artificial Intelligence and Legal Analytics •Explores the recent emerging trends and technologies that are used by various legal System globally for Crime Prediction & Prevention •Examines the applicability of legal analytics in forensic investigation •Investigates the impact of legal analytics tools and techniques in judicial decision making •Analyses deep learning techniques and its scope in accelerating legal analytics in developed and developing countries • Provides the in-depth analysis of implementation, challenges and issues in the society related to legal analytics The book is primarily aimed at graduates, postgraduates in law & technology, computer science and information technology. Legal practitioners and academicians will also find this book helpful.
Legal And Ethical Issues For Health Professions
by Elsevier IncWith coverage of both legal and ethical issues, this text gives you the foundation to handle common health care challenges in everyday practice. Legal and Ethical Issues for Health Professions, 4th Edition includes practice cases specifically developed for key allied health programs along with enhanced pedagogical content. Additionally, it features a variety of exercises to help reinforce content from the book, as well as updated coverage of medical records, privacy, patient consent and abuse, the impact of inter professional team work, and key industry trends.
Legal Answer Book for Families, The
by Emily Doskow Marcia StewartAt one time or another, the law will touch your family's life, and it's important that you have swift access to the most up-to-date information available so that your family's interests are protected. From the rights of kids, to inheritance rules, find everything you need to deal with everyday legal issues in The Legal Answer Book for Families. With this legal reference, you'll get: - a clear overview of the laws that affect personal relationships and families of all kinds - reliable and concise answers to everyday legal questions - discussions of various legal documents relevant to your family, from marriage licenses to parenting agreements - a collection of Family Law Rules & Resources, with details for all 50 states Easy-to-use, concise, and clear, The Legal Answer Book for Families is the perfect addition to any family's collection of practical reference books.
Legal Approaches and Corporate Social Responsibility: Towards a Llewellyn’s Law-Jobs Approach (Routledge Research in Corporate Law)
by Adaeze OkoyeFrom the late 20th Century, a catalogue of high profile disasters and controversies has drawn attention to the changing relationship between corporations and society. This is taking place against the context of globalisation and this change has become the driving force for demands that corporations become socially responsible. Corporate social responsibility (CSR) has therefore emerged as a concept which attempts to encapsulate these demands for social responsibility. Yet at the heart of CSR is the debate about the role and relevance of law. This book will explore the proposition that CSR is a valid legal enquiry and will suggest a law-jobs approach which offers a potential general analytical perspective for examining such fluid concepts such as CSR in law. This approach is innovative because of the insistence of some users of CSR on placing law outside the parameters of CSR or giving it a very limited role; however, Okoye argues here that the very nature of CSR as seeking legitimacy for corporate power pushes to the fore the question of what role law can play. Law is an essential and important aspect of legitimacy and thus this work explores a legal theoretical approach that holds potential for a legal framework of CSR. This interdisciplinary book will be of great interest to students and scholars of corporate law and business studies in general.
Legal Architecture: Justice, Due Process and the Place of Law
by Linda MulcahyLegal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the internal design of the courthouse and courtroom are crucial to a broader and more nuanced understanding of the trial. Partitioning of the courtroom into zones and the restriction of movement within it are the result of turf wars about who can legitimately participate in the legal arena and call the judiciary to account. The gradual containment of the public, the increasing amount of space allocated to advocates, and the creation of dedicated space for journalists and the jury, all have complex histories that deserve attention. But these issues are not only of historical significance. Across jurisdictions, questions are now being asked about the internal configurations of the courthouse and courtroom, and whether standard designs meet the needs of modern participatory democracies: including questions about the presence and design of the modern dock; the ways in which new technologies threaten to change the dynamics of the trial and lead to the dematerialization of our primary site of adversarial practice; and the extent to which courthouses are designed in ways which realise their professed status as public spaces. This fascinating and original reflection on legal architecture will be of interest to socio-legal or critical scholars working in the field of legal geography, legal history, criminology, legal systems, legal method, evidence, human rights and architecture.
Legal Argumentation Theory: Cross-Disciplinary Perspectives
by Christian Dahlman Eveline FeterisThis book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence. It presents an overview of contributions representative of different academic and legal cultures, and different continents and countries. The book contains contributions on strategic maneuvering, argumentum ad absurdum, argumentum ad hominem, consequentialist argumentation, weighing and balancing, the relation between legal argumentation and truth, the distinction between the context of discovery and context of justification, and the role of constitutive and regulative rules in legal argumentation. It is based on a selection of papers that were presented in the special workshop on Legal Argumentation organized at the 25th IVR World Congress for Philosophy of Law and Social Philosophy held 15-20 August 2011 in Frankfurt, Germany.
Legal Aspects Around Satellite Constellations: Volume 2 (Studies in Space Policy #31)
by Annette FroehlichThis book is the highly anticipated sequel to the previous volume under the same title, dedicated to presenting a diverse range of timely and valuable contributions on the legal and policy related questions evoked by satellite constellations, including emerging mega-constellations. Given the proliferation of activities in the field of satellite constellations, and the critical roles they play in supporting and enabling communication, navigation, disaster monitoring, Earth observation, security and scientific activities, the insights of legal and policy experts from around the world have been gathered in this second volume to help expand the scientific literature in this precious field. Topics range from legal obstacles and opportunities facilitating small satellite enterprise for emerging space actors, international cooperation in the compatibility and interoperability of navigation systems, the designation of satellite constellations as critical space infrastructure, to an analysis of the paradigm shift which has occurred over the last decade to make the proliferation of small satellite constellations possible, and more.
Legal Aspects Of Special Education
by Kurt E. HulettFor every course in Special Education Law and Education Law, or as a perfect supplement to any Educational Administration course, Legal Aspects of Special Education was written by a practitioner to help teachers, administrators, and advocates understand special education law in everyday language- without excessive legalese or extraneous case law. Different in many ways from other special education law texts on the market, all of the elements of this text are intended to help its students obtain the most critical information about special education law and how it is applied in the real world. Some unique features include: a fascinating opening interview and then epilogue with Joe Ballard, a pioneer of the IDEA movement; a discussion of Response-to-Intervention (RTI) and the implication of IDEA 2004 for school districts; and a discussion of the history of special education and its link to the Civil Rights Movement. Additionally, the book provides case studies and application questions, critical thinking questions, the most current information on the laws including No Child Left Behind and the Individuals with Disabilities Education Act of 2004, and a discussion of major trends changing the laws, including that of autism.
Legal Aspects of Autonomous Systems: A Comparative Approach (Data Science, Machine Intelligence, and Law #4)
by Dário Moura Vicente Rui Soares Pereira Ana Alves LealAs computational power, the volume of available data, IT systems’ autonomy, and the human-like capabilities of machines increase, robots and AI systems have substantial and growing implications for the law and raise a host of challenges to current legal doctrines. The main question to be answered is whether the foundations and general principles of private law and criminal law offer a functional and adaptive legal framework for the “autonomous systems” phenomena.The main purpose of this book is to identify and explore possible trajectories for the development of civil and criminal liability; for our understanding of the attribution link to autonomous systems; and, in particular, for the punishment of unlawful conduct in connection with their operation. AI decision-making processes – including judicial sentencing – also warrant close attention in this regard.Since AI is moving faster than the process of regulatory recalibration, this book provides valuable insights on its redesign and on the harmonization, at the European level, of the current regulatory frameworks, in order to keep pace with technological changes.Providing a broader and more comprehensive picture of the legal challenges posed by autonomous systems, this book covers a wide range of topics, including the regulation of autonomous vehicles, data protection and governance, personality rights, intellectual property, corporate governance, and contract conclusion and termination issues arising from automated decisions, blockchain technology and AI applications, particularly in the banking and finance sectors.The authors are legal experts from around the world with extensive academic and/or practical experience in these areas.
Legal Aspects of Crowdfunding (Ius Comparatum - Global Studies in Comparative Law #55)
by Caroline KleinerThis book offers a comparative perspective on 18 countries’ legal regulation of crowdfunding. In the wake of the financial crises of 2008, use of this alternative financing method has increased substantially, in various forms. Whereas some states have adopted tailor-made regimes in order to regulate but also encourage this way of financing projects, allowing loans to be made by non-banking institutions, others still haven’t specifically addressed the subject. An analysis of these diverse legislative stances offers readers a range of legal solutions for managing crowdfunding activities with regard to e.g. protecting investors, imposing limits on project owners, and finally the role and duties of intermediaries, i.e., companies operating crowdfunding platforms. In addition, the content presented here provides a legal basis for states and supranational organizations interested in regulating this phenomenon to achieve more legal certainty.
Legal Aspects of Cruises (Ius Comparatum - Global Studies in Comparative Law #56)
by Cecilia Fresnedo de AguirreThis book presents a comparative study on various issues regarding legal aspects of cruises – mainly, the importance of the cruise business, the impact of cruise tourism, general and specific rules applicable to cruises, liability issues, cruise passengers as consumers, package travel, labor rules for cruise workers, relevant rules on ports (e.g. on taxes, costs and rates charged to cruises in different ports), rules on the environmental impact of cruises, jurisdiction, arbitration, and choice of law in cruise contracts, and general conditions used by companies offering cruise services – in order to identify the current sources of law on these matters and determine whether or not they are appropriate and sufficient. Combining a general report with individual national reports, the book offers not only a general overview, but also the perspectives of selected jurisdictions in the Americas, Europe and Asia, namely: Argentina, Belgium, Bulgaria, Germany, Japan, Poland, Romania, Spain, Turkey, the United States, and Uruguay.
Legal Aspects of Economic Integration in Africa
by Richard Frimpong OppongRichard Frimpong Oppong challenges the view that effective economic integration in Africa is hindered by purely socio-economic, political and infrastructural problems. Inspired by the comparative experiences of other regional economic communities and imbued with insights from constitutional, public and private international law, he argues that even if the socio-economic, political and infrastructural challenges were to disappear, the state of existing laws would hinder any progress. Using a relational framework as the fulcrum of analyses, he demonstrates that in Africa's economic integration processes, community-state, inter-state and inter-community legal relations have neither been carefully thought through nor situated on a solid legal framework, and that attempts made to provide legal framework have been incomplete and, sometimes, grounded on questionable assumptions. To overcome these problems and aid the economic integration agenda that is essential for Africa's long-term economic growth and development, the author proposes radical reforms to community and national laws.
Legal Aspects of Health Care Administration
by George D. Pozgar Nina M. SantucciThe most trusted resource in healthcare law is this classic text from George Pozgar, now completely revised. With new case studies in each chapter, The 12th edition continues to serve as an ideal introduction to the legal and ethical issues in the healthcare workplace. The 12th edition presents a wide range of health care topics in a comprehensible and engaging manner that will carefully guide your students through the complex maze of the legal system. This is a book they will hold on to throughout their careers. In addition to new cases, news clippings,the 12th edition introduces new real life experiences in the form of Reality Checks.
Legal Aspects of Health Care Administration
by George D. PozgarOne of the most trusted resources on health care law, Legal Aspects of Health Care Administration, Fourteenth Edition is an ideal introduction to to the legal and ethical issues in the healthcare workplace, exploring a wide range of health care topics - from tort reform and healthcare ethics to patient rights and managed care. Written in a comprehensible and engaging manner, this indispensable text will carefully guide your students through the complex maze of the legal system and will serve them throughout their professional lives.With over 40 years of experience as an administrator, consultant, and surveyor across 650 hospitals, author George D. Pozgar provides a uniquely accessible tool for grasping the legal complexities of health care through an array or real-life case studies, precedent-making court cases, and key statistical data. Case studies detailing real world legal issues in healthcare settings prepare students for the realities of healthcare administration.Court cases help illustrate and explain both the origin of laws and policies, as well as their current day applications in the healthcare field.Discussion of past and current healthcare reform and policy changes provide context for the current legal issues in healthcare.New coverage of COVID-19, including examples of COVID-19 related lawsuitsExpanded coverage of Patient Consent, Rights, and Responsibilities (now covered in two separate chapters)Integrated and comprehensive coverage of current Human Resources topics in a single chapter that examines labor relations, employment rights and responsibilities, and more..Navigate eBook access (included with the printed text) provides online or offline access to the digital text from a computer, laptop, or mobile device. Undergraduate and graduate courses in healthcare ethics, healthcare management, healthcare law and ethics in Health Administration, Nursing, and Allied Health programs. © 2023 | 680 pages
Legal Aspects of Implementing the Cartagena Protocol on Biosafety
by Marie-Claire Cordonier Segger Frederic Perron-Welch Christine FrisonThis book, the first in a new series that focuses on treaty implementation for sustainable development, examines key legal aspects of implementing the Cartagena Protocol on Biosafety to the UN Convention on Biological Diversity (CBD) at national and international levels. The volume provides a serious contribution to the current legal and political academic debates on biosafety by discussing key issues under the Cartagena Protocol on Biosafety that affect the further design of national and international law on biosafety, and analyzing recent progress in the development of domestic regulatory regimes for biosafety. It also examines the legal, political, economic, and practical challenges and solutions encountered in recent efforts to develop and implement domestic biosafety regulations, with a focus on developing countries. In the year of the fifth UN Meeting of the Parties to the Cartagena Protocol on Biosafety, at the signature of a new Nagoya-Kuala Lumpur Protocol on Liability and Redress, this timely book examines recent developments in biosafety law and policy.
Legal Aspects of Marine Protected Areas in the Mediterranean Sea: An Adriatic and Ionian Perspective (IMLI Studies in International Maritime Law)
by Tullio Scovazzi Mitja Grbec Ilaria TaniProviding a comprehensive analysis of the current legal basis for the establishment and further development of area-based conservation tools in the Mediterranean Sea, this book explores provisions under international law and the relevant region frame works to explore transboundary marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) implemented at sub-regional level. Under the European Union’s 2030 Biodiversity Strategy, EUmember States will be responsible for designating the additional protected and strictly protected areas, either by expanding or completing the so-called ‘NATURA 2000’ Network or under national protection schemes through the establishment of national MPAs, including possible transboundary MPAs and OECMs established in accordance with the provisions of the relevant regional seas conventions. This book provides a discussion of the juridical status of the Adriatic and Ionian Seas as parts of a wider enclosed or semi-enclosed Mediterranean Sea, followed by an assessment of the interrelation between global, regional, sub-regional and national legal frameworks on MPAs and OECMs. It offers a comprehensive analysis of the legal basis regarding the establishment of national and, where appropriate, transboundary MPAs and OECMs. Discussing relevant examples of good practice related to transboundary and MPAs, the book will provides an overview of the challenges and opportunities related to the establishment of a transboundary Mediterranean Specially Protected Area of Mediterranean Importance (SPAMI), based on the provisions of the relevant Protocol to the Barcelona Convention, as well as on the challenges and opportunities related to the establishment of a transboundary international marine park and on the feasibility of the establishment of one or more Particularly Sensitive Sea Areas (PSSAs) within the Adriatic and Ionian Seas, and beyond. The book will be of interest to policy makers, practitioners and academics with an interest in public international law, law of the sea and sustainable ocean governance.
Legal Aspects of Mental Capacity
by Bridgit C. DimondThe Mental Capacity Act (2005) regulates decision making processes on behalf of adults who are unable to give informed consent, due to a loss in mental capacity (be that from birth, or due to an illness or injury at some point in their lives). Since the Act's original conception the new Court of Protection is now firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards. Thoroughly updated to take account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond's authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act, and how it applies to their professional responsibilities. A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005 Relevant for a wide range of practitioners and students within health and social care Highly readable and easily accessible, even for those with no legal background Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students patient services managers and carers working with those who lack the capacity to make their own decisions.
Legal Aspects of Privately Financed Infrastructure Projects (PFIPs) in China: The Case for International Standards
by Shuang LiangThis book discusses the reform and improvement of Chinese legislation on Privately Financed Infrastructure Projects (PFIPs), the goal being to help its implementation in China satisfy international standards. In this regard, current Chinese laws are found to be insufficient when it comes to reducing risks to PFIPs, due to certain shortcomings. Therefore, the corresponding legislation must be reformed and improved.The Legislative Guide and Model Provisions drafted by UNCITRAL are discussed as the international standards that can effectively guide this reform; other countries’ laws on PFIPs provide supplementary reference material.Given the rapid rise in the use of PFIPs in China, this book offers a strong theoretical basis for improving Chinese legislation. It also provides general suggestions that can be applied to the reform of laws on PFIPs in any country.
Legal Aspects of Public Procurement (Cornerstones of Public Procurement)
by Michael Flynn Kirk W. Buffington Richard PenningtonLegal Aspects of Public Procurement, Third Edition provides a glimpse into the relationships between the legal, ethical, and professional standards of public procurement, outlining not only the interconnections of federal, state, and local law but also best practice under comprehensive judicial standards. The book addresses the ever-changing legal structures that work in conjunction and define the public procurement profession, providing recommended guidance for how practitioners can engage in the function while staying ethically aligned. Instead of trying to address every issue at the heart of public procurement, however, the book seeks to establish the history and spirit of the law, outlining how practitioners can engage proactively and willingly to not only perform their function, but to also become advocates for procurement law modernization. This third edition features new chapters on competitive sealed proposals and contract administration, as well as a thoroughly revised and updated chapter on procurement of information technology to better relate to an increasingly digital world. Promoting a start-to-finish guidance of the procurement process, Legal Aspects of Public Procurement explores the relationships between solicitation, proposals, contract administration, and the cutting-edge aspects of technology procurements, providing a theoretical and case-study driven foundation for novice and veteran practitioners alike.