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Conciliation of Construction Industry Disputes
Par Brian Bond. 2024
Conciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25…
years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method. Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years. It is low cost, quick and has been hugely successful. It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication. The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each. Conciliation is described in detail and the reasons for its success are analysed. This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful. Drawing on his wide experience of resolving disputes by conciliation, Brian Bond illustrates the problems which can be encountered and how they may be overcome. This book will be useful reading for all involved in construction contracts, construction managers, lawyers and legal advisers, conciliators, those aspiring to become conciliators and anyone looking for an alternative dispute resolution method to a construction contracts dispute.Public health law has been a subject of much controversy and contestation, especially since the COVID-19 pandemic broke out. This…
timely book inquires into the foundational principles of a form of public health law that takes seriously the inherent dignity of the human person. Written from a multidisciplinary perspective, this illuminating study makes the case that the rule of law, just as much as population health, is an essential determinant of human well-being. Choosing the case of the Hong Kong Special Administrative Region of the People’s Republic of China, where life expectancy is among the highest in the world, yet whose well-established rule of law tradition is oft perceived to be under strain, in describing the central dilemmas of public health law, it makes an original contribution to our knowledge of comparative public health law and public health ethics. Situating Hong Kong’s public health law in the context of global health, The Law and Regulation of Public Health should appeal across the world to students and scholars of public health, medical law, public law, comparative law, and international law. It accessibly explains the law to epidemiologists and public health policymakers, and public health to jurists and legal practitioners. This book lucidly urges professionals of public health and law to reflect on how the myriad legal instruments and legal institutions should best be used to promote and protect public health in ways that are at once ethical and lawful. It is a must read for anyone who is interested in gaining insights into public health law and regulation in this highly internationalised Chinese Special Administrative Region.The American Legal Profession: The Myths and Realities of Practicing Law
Par Christopher P. Banks. 2022
This book is a tight and fresh analysis of the American legal profession and its significance to society and its…
citizens. The book’s primary objective is to expose, and correct, the principal misconceptions— myths— surrounding prelaw study, law school admission, law school, and the American legal profession itself. These issues are vitally important to prelaw advisors and instructors in light of the difficult problems caused by the Great Recessions of 2008 and 2020– 2021 and the disruptions caused by the COVID-19 pandemic. Aimed equally at prelaw advisors and potential law students, this book can be used as a supplement in the interdisciplinary undergraduate law-related instructional market, including courses that cater to majors/minors in political science and criminal justice in particular. It can also be used in career counselling, internships, and the extensive paralegal program market. New to the Second Edition • Expanded coverage to include paralegal and legal assistant training. • New material on women and minority law students who are transforming law schools and the profession. • Explores challenges to the legal profession posed by economic recession, COVID-19, high tuition rates, exploding student loan debt, internet technological advances, and global competitive pressures, including legal outsourcing and DIY legal services. • Updated data and tables along with all underlying research.The Evolution of Global Child Rights: Protecting the Vulnerable (SpringerBriefs in Public Health)
Par Kaitlyn Sacotte, Brandon Tomlin, Allison Judkins, Luca Brunelli. 2023
This compact book celebrates the 100th anniversary of the Geneva Declaration of the Rights of the Child, a critical document…
that has shaped the relationship of adults with children worldwide. The document declares that all children must be fed, healed, protected, and given a safe place in which to develop fully. The brief:provides background information about the Geneva declaration and the related Convention on the Rights of the Child; discusses a child's rights to human dignity; and identifies local and global threats to children’s rights as well as potential safeguards against these threats. Among the topics covered:A Brief History of Children’s RightsRethinking Healthcare for Children – Pivot to Human DignityChildren’s Right to Health in the US Child Welfare System: A Case StudyGlobal Stakeholders in the Evolution of the Rights of the ChildThe Evolution of Global Child Rights: Protecting the Vulnerable is essential reading for anyone who works with or cares about children to understand the historic and current context of the rights and role of children within our society including pediatric healthcare professionals, policy makers, child welfare professionals, and other global stakeholders on child health.Algorithmic Discrimination and Ethical Perspective of Artificial Intelligence (Accounting, Finance, Sustainability, Governance & Fraud: Theory and Application)
Par Sezer Bozkuş Kahyaoğlu, Muharrem Kılıç. 2024
This book delves into the complex intersection between artificial intelligence and human rights violations, shedding light on the far-reaching implications…
within the framework of discrimination and the pivotal role equality bodies play in combatting these issues. Through a collaborative effort between the Human Rights and Equality Institution of Türkiye (HREIT) and Hasan Kalyoncu University, the groundbreaking "International Symposium on the Effects of Artificial Intelligence in the Context of the Prohibition of Discrimination" took place on March 30, 2022, in Gaziantep. This book is the outcome of this symposium, bringing attention to the alarming issues of "bias and discrimination" prevalent in the application of artificial intelligence. With a commitment to Sustainable Development Goal 8.10 of safeguarding human rights in the digital realm and countering the adverse effects of artificial intelligence, this work is an essential contribution to the Human Rights Action Plan. Comprising an array of insightful chapters, this book offers an in-depth exploration of artificial intelligence technologies, encompassing a broad spectrum of topics ranging from data protection to algorithmic discrimination, the deployment of artificial intelligence in criminal proceedings to combating hate speech, and from predictive policing to meta-surveillance. It aims to serve as a call to action, urging societies and policymakers to acknowledge the potential threats posed by AI and recognize the need for robust legislative frameworks and ethical principles to ensure that international standards on human rights are upheld in the face of technological advancements.Digital International Relations
Par Andrey Baykov, Elena Zinovieva. 2023
The book is the beginning of new interdisciplinary research series at the intersection of international relations, diplomacy, law, economics, and…
politics on the basis of global digital transformation. Digital international relations form a new mode of interaction between states and in terms of solving the most pressing problems of modernity. Law, economics, diplomacy and education are selected as key areas of human activity that can become the sphere of perspective research of digital international relations. This book will interest diplomats, scholars of international relations, and of international law.The Palgrave International Handbook of Basic Income (Exploring the Basic Income Guarantee)
Par Malcolm Torry. 2023
This handbook brings together scholars from various disciplines and from around the world to examine the history, characteristics, effects, viability…
and implementation of basic income. The first edition of this book contributed a comprehensive treatment of multiple aspects of the basic income debate. This updated, expanded edition tackles new topics that are becoming increasingly prominent in the global debate. New chapters are devoted to recent research on the history of basic income; the development and peacemaking potential of basic income in conflict zones; municipal experiments in the United States; requirements for pilot projects and experiments; and the public health implications of basic income. Existing chapters on the implementation of basic income have also been substantially updated to take account of new research on microsimulation, land value tax, local currencies, and blockchain technology and cryptocurrency, along with new material on the increasing use of opinion polls and the difficulties related to that. New political and ethical perspectives on the role of trade unions and their increasing engagement with the basic income debate are also introduced, while the section on pilot projects and experiments has been updated to cover recent political developments. Fully updated to reflect new global developments in the basic income debate, this handbook will be of interest to researchers, teachers and research-oriented policymakers in a range of fields.Cases in Clinical Forensic Psychology
Par Margo C. Watt. 2024
Clinical forensic psychology is defined by the application of clinical psychology – assessment, diagnosis, treatment, and consultation – in legal…
contexts. The term captures the integration of clinical psychology as an applied professional discipline and forensic psychology as an experimental discipline. Cases in Clinical Forensic Psychology offers a series of case studies that allow readers to take an up-close and personal look at the criminal justice system in Canada. Clinical forensic psychologist Margo C.Watt examines the particulars of each case, including the biological, psychological, social, cultural, and legal factors. The book takes an evidence-based approach and highlights how the science of clinical forensic psychology informs all aspects of criminal cases: police investigative techniques, eyewitness testimony, pretrial publicity, jury selection and decision-making, forensic evaluations, psychological autopsies, mental health in corrections, and mo.re. Examining incidents ranging from false confessions to wrongful convictions to deaths in custody and the criminals who got away, Cases in Clinical Forensic Psychology questions how and why these events happened and considers what we can learn from them.Beyond Legal Positivism: The Moral Authority of Law (Law and Philosophy Library #143)
Par Whitley R. Kaufman. 2023
Legal Positivism has been the dominant school of legal philosophy for much of the last century, despite its many critics.…
Its central tenet has long been that there is no necessary connection between law and morality. This book provides a broad but clear and jargon-free account of the central objections to the theory and why those objections are sufficient to show that legal positivism is no longer tenable. This includes a broad critique of the purported distinction method of legal positivism, the idea of ‘conceptual analysis,’ as well as a detailed assessment of the most influential of all legal positivist theories, that of H.L.A. Hart. The book also provides a defense of the natural law school, which holds in contrast to legal positivism that the authority of law arises from its intrinsic connection to morality. The author demonstrates that most of the criticism of the natural law school arises from a caricatured account of that doctrine, for instance the idea that it requires substantive theological commitments or particular conceptions of human nature. In contrast, the author presents an account of natural law theory that is grounded in a commitment to moral truth, but not to any theological beliefs. The nature of law can only be understood in terms of its moral function, to provide a clear set of moral rules that are required for a society to function effectively.Funding of justice has significant consequences for the enforcement of rights and impacts directly on access to justice and the…
right to a fair trial as constitutional rights. Access to justice in turn essentially impacts on the effective enjoyment of any other constitutional right, since having the actual means to access a court in case of a potential breach strengthens that right. Public funding, such as legal aid, has come under pressure due to the reality of financial austerity measures and the tightening public budgets in many countries. This has contributed to privatization and marketisation of funding in ever more jurisdictions. Private forms of funding include inter alia litigation insurance, third-party litigation finance and crowdfunding, as well as different forms of assigning or selling claims. As public funding is in decline and as market liberalization in the field of justice increases, crucial questions related to the rule of law, access to justice and social and economic development, in the intersection between states, citizens and business are raised. For example, potential questions of conflict of interest and how to ensure a basic level of equality of access to funding, whilst at the same time protecting market freedom. Some of the contributions in the volume deal with the consequences of privatization of funding of justice on access to justice from a general, principled and theoretical perspective. Other contributions deal with specific regulatory developments or issues at the EU level, alternatively at the local level in specific jurisdictions. Further contributions deal with crucial issues of funding of justice in environmental matters, that are increasingly relevant and topical in practice.No-Body Homicide Cases: A Practical Guide to Investigating, Prosecuting, and Winning Cases When the Victim Is Missing
Par Thomas A. Tad DiBiase. 2024
A practical guide for police, death investigators, and prosecutors, No-Body Homicide Cases: A Practical Guide to Investigating, Prosecuting, and Winning…
Cases When the Victim is Missing, Second Edition takes an expansive look at both the history of no-body murder cases and the best methods to investigate, solve, and bring them to court. How do you prove someone guilty of murder when the best and primary piece of evidence—the victim’s body—is missing? Exclusively dedicated to the investigation and prosecution of no-body homicide cases, this fully updated Second Edition provides the author’s insight gained from investigating, consulting on, and trying scores of no-body cases throughout the United States. Taking readers step-by-step from the first days of a homicide investigation through the trial, the book explores the history of confessions and discloses the investigative techniques police must use to catch these cunning killers. Chapters review methods criminals have used to dispose of bodies, delving into the psychological profile of the type of defendant who murders someone, then hides the body. Since the last edition published, the number of no-body murder cases investigated has skyrocketed, with more than 50 percent of all no-body murder cases tried and prosecuted have occurred since the year 2000. New to this edition is a chapter on a full, singular high-profile case from start to finish, to illustrate the entire no-body investigative and adjudication process. A sample arrent warrant for a no-body murder case is provided in addition to Chapter 12 updating the prior edition’s nearly 400 case summaries provided to the current figure, as of this publication, of 576 no-body murder trials in U.S. history. No-Body Homicide Cases, Second Edition continues to serve as an essential resource and the "how-to" manual for investigating, prosecuting, and winning no-body murder cases.Recent studies on competition law and digital markets reveal that accumulating personal information through data collection and acquisition methods benefits…
consumers considerably. Free of charge, fast and personalised services and products are offered to consumers online. Collected data is now an indispensable part of online businesses to the point that a new economy, a data-driven sector, has emerged. Many markets such as the social network, search engine, online advertising and e-commerce are regarded as data-driven markets in which the utilisation of Big Data is a requisite for the success of operations. However, the accumulation and use of data brings competition law concerns as they contribute to market power in the online world, resulting in a few technology giants gaining unprecedented market power due to the Big Data accumulation, indirect network effects and the creation of online ecosystems. As technology giants have billions of consumers worldwide, data-driven markets are truly global. In these data-driven markets, technology giants abuse their dominant positions, but existing competition law tools seem ineffective in addressing market power and assessing abusive behaviour related to Big Data. This book argues that a novel approach to the data-driven sector must be developed through the application of competition law rules to address this. It argues that current and potential conflicts can be mitigated by extending the competition law assessment beyond the current competition law tools to offer a modernised and unified approach to the Big Data–related competition issues. Promoting new legal tests for addressing the market power of technology giants and assessing abusive behaviour in data-driven markets, this book advocates for cooperation between competition and data protection authorities. It will be of interest to students, academics and practitioners with an interest in competition law and data protection.The Right to Silence in Transnational Criminal Proceedings: Comparative Law Perspectives
Par Fenella M. Billing. 2016
This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect…
or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.Electronic Government: 15th IFIP WG 8.5 International Conference, EGOV 2016, Guimarães, Portugal, September 5-8, 2016, Proceedings (Lecture Notes in Computer Science #9820)
Par Efthimios Tambouris, Maria A. Wimmer, Delfina Sá Soares, Tomasz Janowski, Hans Jochen Scholl, Marijn Janssen, Bram Klievink, Ida Lindgren, Peter Parycek, Olivier Glassey. 2016
This book constitutes the refereed proceedings of the 15th IFIP WG 8.5 International Conference on Electronic Government, EGOV 2016, held…
in Guimaraes, Portugal, in September 2016, in conjunction with the 8th International Conference on eParticipation, ePart 2016. The 24 revised full papers presented were carefully reviewed and selected from 87 submissions. The papers are clustered under the following topical sections: foundations; benchmarking and evaluation; information integration and governance; services; evaluation and public values; EGOV success and failure; governance; social media; engagement; processes; policy-making; trust, transparency and accountability; open government and big/open data; smart government/governance/cities.In Judging Insanity, Punishing Difference, Chloé Deambrogio explores how developments in the field of forensic psychiatry shaped American courts' assessments…
of defendants' mental health and criminal responsibility over the course of the twentieth century. During this period, new psychiatric notions of the mind and its readability, legal doctrines of insanity and diminished culpability, and cultural stereotypes about race and gender shaped the ways in which legal professionals, mental health experts, and lay witnesses approached mental disability evidence, especially in cases carrying the death penalty. Using Texas as a case study, Deambrogio examines how these medical, legal, and cultural trends shaped psycho-legal debates in state criminal courts, while shedding light on the ways in which experts and lay actors' interpretations of "pathological" mental states influenced trial verdicts in capital cases. She shows that despite mounting pressures from advocates of the "rehabilitative penology," Texas courts maintained a punitive approach towards defendants allegedly affected by severe mental disabilities, while allowing for moralized views about personalities, habits, and lifestyle to influence psycho-legal assessments, in potentially prejudicial ways.From Newton's Sleep
Par Joseph Vining. 1994
What the presence of law tells us about our beliefs, our language, and the world around usIn a strikingly original…
work intended not only for practicing lawyers but for anyone interested in the modern dilemma of the loss of meaning, Joseph Vining invites us to reconsider law as a unique form of thought, inseparably connected to everything in the world that makes up human identity. Oliver Wendell Holmes asserted at the end of the nineteenth century that human law is ultimately a phenomenon in quantitative relations to its causes and effects, and many have been left with an impression of law as a set of processes and rules. Vining takes issue with this and with various reductionist attempts in scientific thought today to express the universe in a single mathematical description of forces, as well as with post-structuralist speculation that there are no valid truth claims, and that human inter-action can be reduced to analysis of power relationships. Law, he argues, is an independent discourse, not reducible to any other, that exists only in human interaction and reflects continuing human worth. Vining's search to reinstate the spiritual dimension in public discourse brings him head-on with a wide array of powerful academic forces: linguistics theory, political science, the new historicism, and the traditional teaching of law.This book consists of a collection of what Vining calls "amplifications" of the implied text of the law—impressions, commentaries, vignettes, poems, and dialogues—which illustrate aspects of conventional legal language and logic, and the subjects legal practice regularly deals with, such as promises, death, and crime. Throughout we see that law reaches deeply into the way we know ourselves and other persons, all of whom speak through law as law connects language to person and person to action. The texts generated by legal method constitute the living record of social acquaintance and contest, speaking across cultures and across centuries. It is the close reading of legal texts and contexts, Vining argues, that provides the present source of the transcendental in modern secular life. But unlike the other academic arts of interpretation, law alone is directly connected with the most real, the most particular and, at the same time, the most universal facts of social life.From Newton's Sleep casts doubt on the certainties past and present and creates new grounds for skepticism and conviction. The fragmentary form of the book mirrors its subject. It is intended to be picked up and read as occasion allows by lawyers and anyone interested in law.Estates and Constitution: The Parliament in Eighteenth-Century Hungary (Austrian and Habsburg Studies #30)
Par István M. Szijártó. 2020
Across eighteenth-century Europe, political power resided overwhelmingly with absolute monarchs, with notable exceptions including the much-studied British Parliament as well…
as the frequently overlooked Hungarian Diet, which placed serious constraints on royal power and broadened opportunities for political participation. Estates and Constitution provides a rich account of Hungarian politics during this period, restoring the Diet to its rightful place as one of the era’s major innovations in government. István M. Szijártó traces the religious, economic, and partisan forces that shaped the Diet, putting its historical significance in international perspective.Small States and Big Powers: Portugal and Iceland’s Foreign Relations (The World of Small States #10)
Par Baldur Thorhallsson, Alice Cunha. 2023
Foreign policy is one of the most complex policies of every state, and Portugal and Iceland are no exception. The…
“Small States and Big Powers: Portugal and Iceland’s Foreign Relations” book analyses the importance of relations with big powers or regional and international organisations from a shelter theory perspective, detailing the degree of political, economic and societal shelter that they have provided to Portugal and to Iceland over time. Despite having followed distinct paths, Portugal and Iceland have some important similarities in their foreign policy, namely in relation to the European and the Atlantic dimensions and their participation in regional organisations. The book examines their decisions to join or not to join regional organisations, and both countries’ bilateral relations with other important parts of the world, namely Africa, the Nordic states and China. This book compares the foreign policies of Portugal and Iceland considering their commonly identified status as small states and place them within the shelter theory framework, and its findings indicate that both countries need to balance their international relations with shelter provided by different actors. Their size and political and economic capabilities matter in their bilateral and multilateral relations. It is therefore in both countries’ interest to maintain strong cooperation not only with big powers, but also regional and international organisations, depending on their field of action, in order to flourish politically, economically and socially.Gewalt unter der Geburt: Standard - Haftung - Sanktion? (MedR Schriftenreihe Medizinrecht)
Par Marie Von Hirschheydt. 2023
Dieses Buch schließt eine Lücke auf dem Gebiet der rechtlichen Auseinandersetzung im Bereich der Geburtshilfe und Geburtsmedizin. Hierbei eignet es…
sich als zivilrechtliches Nachschlagewerk des geburtshelferischen Wissens sowohl für Rechtsanwender als auch für alle an einer Geburt beteiligten Personen und betritt hierbei Neuland in Bezug auf die rechtliche Beurteilung von geburtshelferischen Interventionen. Unter Berücksichtigung der zivilrechtlichen, strafrechtlichen und rechtshistorischen Aspekte verdeutlicht dieses Werk die Notwendigkeit der intensiven und offenen Auseinandersetzung zwischen Recht und Medizin. Neben den juristisch möglichen Konsequenzen zeigt die Arbeit auch Lösungsansätze auf, wie die Geburtssituation für alle Beteiligten positiver wahrgenommen werden kann und eine Aufarbeitung mit schwierigen Geburten und somit Verbesserung der derzeitigen Situation in der Geburtshilfe bzw. Geburtsmedizin gelingen kann.&“In this precise primer on firearms practices and policies, progressive talk-show host Hartmann examines the history of routine gun usage…
and extreme gun violence and assesses the influence of gun ownership on contemporary political, economic, and social norms…A brief but powerful analysis of a searing national crisis.&” —BooklistThom Hartmann, the most popular progressive radio host in America and a New York Times bestselling author, looks at the real history of guns in America and what we can do to limit both their lethal impact and the power of the gun lobby. Taking his typically in-depth, historically informed view, Hartmann examines the brutal role guns have played in American history, from the genocide of the Native Americans to the enforcement of slavery (Slave Patrols are in fact the Second Amendment's &“well-regulated militias&”) and the racist post–Civil War social order. He shows how the NRA and conservative Supreme Court justices used specious logic to invent a virtually unlimited individual right to own guns, which has enabled the ever-growing number of mass shootings in the United States. But Hartmann also identifies a handful of powerful, commonsense solutions that would break the power of the gun lobby and restore the understanding of the Second Amendment that the Framers of the Constitution intended. This is the kind of brief, brilliant analysis for which Hartmann is justly renowned.