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Disability and Equality Law in Britain: The Role of Reasonable Adjustment
by Anna LawsonThe concept of reasonable adjustment (alternatively known as reasonable accommodation) is rapidly gaining significance for countries throughout Europe and beyond. Directive 2000/78 required all EU Member States to ensure that, by the end of 2006 at the latest, reasonable accommodation obligations would operate to protect disabled people from unequal treatment in the context of employment. The new United Nations Convention on the Rights of Persons with Disabilities will require ratifying States to impose such obligations in a broad range of situations.This book provides a detailed and critical analysis of the current and potential role of reasonable adjustment duties in British law. It explores the notion of the anticipatory reasonable adjustment duty - a notion which is, in many respects, distinctively British. It probes the relationship between reasonable adjustment and other concepts, including indirect discrimination and positive discrimination. Drawing particularly on US debates, potential sources of resistance to the duties are exposed and an attempt is made to suggest pre-emptive counter strategies. Attention is also given to issues of legal reform and rationalisation - issues of immense topicality and importance in view of the recent British move towards a single Equality Act.In short, this book examines the current and potential role of reasonable adjustment duties in Britain. It will be of interest to lawyers, policy-makers and students working in the field of disability rights. It will also be of interest to all those concerned with the operation and development of equality law and policy more generally, both in Britain and beyond.
Disabled People and the Right to Life: The Protection and Violation of Disabled People’s Most Basic Human Rights
by Luke Clements Janet ReadThe most basic of human rights, the right to life, is the focus of this book. 'Human rights' has increasingly come to be seen as a significant framework, both to aid understanding of the experiences of those who face oppression, and to underpin social, legal and political measures to counter it. Disabled People and the Right to Life uses this framework to explore how disabled people’s right to life is understood in different national contexts and the ways in which they are – or are not – afforded protection under the law, emphasizing the social, cultural and historical forces and circumstances which have promoted disabled people’s right to life or legitimated its violation. Written by an international panel of contributors including individuals holding public office, academics from the fields of law, social policy, disability studies and bioethics as well as practitioners and activists attempting to further disabled people’s human rights, this truly interdisciplinary book will be of interest to students and researchers of disability, law, social policy and human rights.
Disabled People and the Right to Life: The Protection and Violation of Disabled People’s Most Basic Human Rights
by Luke Clements Janet ReadThe most basic of human rights, the right to life, is the focus of this book. 'Human rights' has increasingly come to be seen as a significant framework, both to aid understanding of the experiences of those who face oppression, and to underpin social, legal and political measures to counter it. Disabled People and the Right to Life uses this framework to explore how disabled people’s right to life is understood in different national contexts and the ways in which they are – or are not – afforded protection under the law, emphasizing the social, cultural and historical forces and circumstances which have promoted disabled people’s right to life or legitimated its violation. Written by an international panel of contributors including individuals holding public office, academics from the fields of law, social policy, disability studies and bioethics as well as practitioners and activists attempting to further disabled people’s human rights, this truly interdisciplinary book will be of interest to students and researchers of disability, law, social policy and human rights.
Divine Teaching: An Introduction to Christian Theology (Blackwell Guides To Theology Ser.)
by Mark A. McIntoshThis innovative work is an introduction to Christian theology with a difference. Not only does it interpret, with clarity and energy, fundamental Christian beliefs but it also shows how and why these beliefs arose, promoting an understanding of theological reflection that encourages readers to think theologically themselves. From Irenaeus and Aquinas to Girard, from Augustine to Zizioulas and contemporary feminist thought, Divine Teaching explores the ways in which major thinkers in the Christian tradition have shaped theology through the wide variety of their encounters with God. It makes theological study adventurous and interactive, not necessarily requiring a faith commitment from all, but allowing readers a thoughtful involvement in the subject that takes seriously the Christian vision of God as the ultimate teacher of theology. Divine Teaching: An Introduction to Christian Theology is an imaginative and lively analysis of the Christian way of thinking, offering vivid and informing insight into the history and practice of Christian theology.
Divine Teaching: An Introduction to Christian Theology
by Mark A. McIntoshThis innovative work is an introduction to Christian theology with a difference. Not only does it interpret, with clarity and energy, fundamental Christian beliefs but it also shows how and why these beliefs arose, promoting an understanding of theological reflection that encourages readers to think theologically themselves. From Irenaeus and Aquinas to Girard, from Augustine to Zizioulas and contemporary feminist thought, Divine Teaching explores the ways in which major thinkers in the Christian tradition have shaped theology through the wide variety of their encounters with God. It makes theological study adventurous and interactive, not necessarily requiring a faith commitment from all, but allowing readers a thoughtful involvement in the subject that takes seriously the Christian vision of God as the ultimate teacher of theology. Divine Teaching: An Introduction to Christian Theology is an imaginative and lively analysis of the Christian way of thinking, offering vivid and informing insight into the history and practice of Christian theology.
Does Peacekeeping Work?: Shaping Belligerents' Choices after Civil War (PDF)
by Virginia Page FortnaIn the last fifteen years, the number, size, and scope of peacekeeping missions deployed in the aftermath of civil wars have increased exponentially. From Croatia and Cambodia, to Nicaragua and Namibia, international personnel have been sent to maintain peace around the world. But does peacekeeping work? And if so, how? In Does Peacekeeping Work? Virginia Page Fortna answers these questions through the systematic analysis of civil wars that have taken place since the end of the Cold War. She compares peacekeeping and nonpeacekeeping cases, and she investigates where peacekeepers go, showing that their missions are crucial to the most severe internal conflicts in countries and regions where peace is otherwise likely to falter. Fortna demonstrates that peacekeeping is an extremely effective policy tool, dramatically reducing the risk that war will resume. Moreover, she explains that relatively small and militarily weak consent-based peacekeeping operations are often just as effective as larger, more robust enforcement missions. Fortna examines the causal mechanisms of peacekeeping, paying particular attention to the perspective of the peacekept--the belligerents themselves--on whose decisions the stability of peace depends. Based on interviews with government and rebel leaders in Sierra Leone, Mozambique, and the Chittagong Hill Tracts in Bangladesh, Does Peacekeeping Work? demonstrates specific ways in which peacekeepers alter incentives, alleviate fear and mistrust, prevent accidental escalation to war, and shape political procedures to stabilize peace.
Dog Years: A Memoir
by Mark DotyWhy do dogs speak so profoundly to our inner lives? When Mark Doty decides to adopt a dog as a companion for his dying partner, he finds himself bringing home Beau, a large golden retriever, malnourished and in need of loving care, to join Arden, the black retriever. As Beau bounds back to life, the two dogs become Mark Doty's companions, his solace, and eventually the very life force that keeps him from abandoning all hope during the darkest days - their tenacity, loyalty and love inspiring him when all else fails.Dog Years is a remarkable work: a moving and intimate memoir interwoven with profound reflections on our feelings for animals and the lessons they teach us about life, love, and loss. Mark Doty writes about the heart-wrenching vulnerability of dogs, the positive energy and joy they bring, and the gift they bear us of unconditional love. A book unlike any other, Mark Doty's surprising meditation is radiantly unsentimental yet deeply affecting. Beautifully written, Dog Years is a classic in the making.
Dog Years: A Memoir
by Mark DotyWhy do dogs speak so profoundly to our inner lives? When Mark Doty decides to adopt a dog as a companion for his dying partner, he finds himself bringing home Beau, a large golden retriever, malnourished and in need of loving care, to join Arden, the black retriever. As Beau bounds back to life, the two dogs become Mark Doty's companions, his solace, and eventually the very life force that keeps him from abandoning all hope during the darkest days - their tenacity, loyalty and love inspiring him when all else fails.
Domestic Violence: Intervention, Prevention, Policies, and Solutions
by Richard L. DavisDomestic violence does not begin the day an adult heterosexual male decides to beat and batter an adult heterosexual female. Domestic violence is a complicated and multifaceted enigma that includes child, sibling, spousal, intimate partner, and elder abuse. Despite spending billions of dollars on domestic violence, the number of some categories of
Drafting Legislation: A Modern Approach
by Constantin Stefanou Helen XanthakiDrafting Legislation sets out to prove Sir William Dale's doctrine that the rules for drafting good quality legislation are the same in common and civil systems of law. Legislative solutions can therefore serve the drafter, the judge and the practitioner of any jurisdiction. The book discusses the general issue of quality in legislation from the legislative process to the actual drafting interpretation and enforcement. It also analyzes topics related to quality in legislation such as clarity, precision and disambiguity, plain language and gender-neutral language and assesses whether Sir William's view of universality in the definition and elements of quality in legislation is right or not. The volume is of critical interest to students and scholars of European law and the philosophy and theory of law.
Drafting Legislation: A Modern Approach
by Constantin StefanouDrafting Legislation sets out to prove Sir William Dale's doctrine that the rules for drafting good quality legislation are the same in common and civil systems of law. Legislative solutions can therefore serve the drafter, the judge and the practitioner of any jurisdiction. The book discusses the general issue of quality in legislation from the legislative process to the actual drafting interpretation and enforcement. It also analyzes topics related to quality in legislation such as clarity, precision and disambiguity, plain language and gender-neutral language and assesses whether Sir William's view of universality in the definition and elements of quality in legislation is right or not. The volume is of critical interest to students and scholars of European law and the philosophy and theory of law.
Driving Innovation: Intellectual Property Strategies For A Dynamic World (PDF)
by Michael A. GollinHow does IP balance the exclusive rights of innovators with public demand for access to their innovations? How can organizations manage IP strategically to meet their goals? How do IP strategies play out on the global stage? Driving Innovation reveals the dynamics of intellectual property (IP) as it drives the innovation cycle and shapes global society. The book presents fundamental IP concepts and practical legal and business strategies that apply to all innovation communities, including industry, non-profit institutions, and developing countries. Further, it draws on the author's broad experience, news headlines, and precedent-setting lawsuits relating to patents, trademarks, copyright, and trade secrets - from biotechnology to the open source movement. General readers and students will welcome the lively overview of this complex topic, while executives and practitioners can gain new insights and valuable approaches for putting ideas to work and navigating within or changing the global IP system to expand innovation.
Driving Offences: Law, Policy and Practice
by Sally CunninghamThis volume examines general driving offences, concentrating on those which punish risk-taking whilst driving, with the primary goal of increasing road safety. The focus is particularly on careless driving, dangerous driving, drink-driving and speeding, with a comparative approach incorporated into the discussion. Drawing on legal and psychological research, the book explains the legal definition of offences, discussing the policy behind the offences and examines how the law is applied in practice. It concludes with consideration of how the law in this area might be reformed - informed by the preceding discussion. This title will be a valuable resource tool for students, academics and practitioners working in the area of road safety.
Driving Offences: Law, Policy and Practice
by Sally CunninghamThis volume examines general driving offences, concentrating on those which punish risk-taking whilst driving, with the primary goal of increasing road safety. The focus is particularly on careless driving, dangerous driving, drink-driving and speeding, with a comparative approach incorporated into the discussion. Drawing on legal and psychological research, the book explains the legal definition of offences, discussing the policy behind the offences and examines how the law is applied in practice. It concludes with consideration of how the law in this area might be reformed - informed by the preceding discussion. This title will be a valuable resource tool for students, academics and practitioners working in the area of road safety.
Dual Income Tax: A Proposal for Reforming Corporate and Personal Income Tax in Germany (ZEW Economic Studies #39)
by SACHVERSTÄNDIGENRAT MPI für Geistiges Eigentum, Zentrum für EuropäischeIn its Annual Report 2003/2004, the German Council of Economic Experts launched a dual income tax as an option for a fundamental tax reform in Germany. In February 2005, the German government appointed the Council to prepare a detailed report on economic effects of a business tax reform, with special emphasis on a dual income tax. With regard to the latter, conceptual problems of tax law and of tax administration were to be addressed as well as possible transitional problems when implementing a dual income tax. This book presents an English version of the original report completed in April 2006.
E-discovery: A Technical Guide to Digital Investigation and Litigation Support
by Karen A. SchulerOne of the hottest topics in computer forensics today, electronic discovery (e-discovery) is the process by which parties involved in litigation respond to requests to produce electronically stored information (ESI). According to the 2007 Socha-Gelbmann Electronic Discovery Survey, it is now a $2 billion industry, a 60% increase from 2004, projected to double by 2009. The core reason for the explosion of e-discovery is sheer volume; evidence is digital and 75% of modern day lawsuits entail e-discovery.A recent survey reports that U.S. companies face an average of 305 pending lawsuits internationally. For large U.S. companies ($1 billion or more in revenue)that number has soared to 556 on average, with an average of 50 new disputes emerging each year for nearly half of them. To properly manage the role of digital information in an investigative or legal setting, an enterprise--whether it is a Fortune 500 company, a small accounting firm or a vast government agency--must develop an effective electronic discovery program. Since the amendments to the Federal Rules of Civil Procedure, which took effect in December 2006, it is even more vital that the lifecycle of electronically stored information be understood and properly managed to avoid risks and costly mistakes. This books holds the keys to success for systems administrators, information security and other IT department personnel who are charged with aiding the e-discovery process.*Comprehensive resource for corporate technologists, records managers, consultants, and legal team members to the e-discovery process, with information unavailable anywhere else*Offers a detailed understanding of key industry trends, especially the Federal Rules of Civil Procedure, that are driving the adoption of e-discovery programs*Includes vital project management metrics to help monitor workflow, gauge costs and speed the process
Earth Matters: Indigenous Peoples, the Extractive Industries and Corporate Social Responsibility
by Ciaran O'Faircheallaigh Saleem AliIndigenous peoples have historically gained little from large-scale resource development on their traditional lands, and have suffered from its negative impacts on their cultures, economies and societies. During recent decades indigenous groups and their allies have fought hard to change this situation: in some cases by opposing development entirely; in many others by seeking a fundamental change in the distribution of benefits and costs from resource exploitation. In doing so they have utilised a range of approaches, including efforts to win greater recognition of indigenous rights in international fora; pressure for passage of national and state or provincial legislation recognising indigenous land rights and protecting indigenous culture; litigation in national and international courts; and direct political action aimed at governments and developers, often in alliance with non-governmental organisations (NGOs). At the same time, and partly in response to these initiatives, many of the corporations that undertake large-scale resource exploitation have sought to address concerns regarding the impact of their activities on indigenous peoples by adopting what are generally referred to as "corporate social responsibility" (CSR) policies. This book focuses on such corporate initiatives. It does not treat them in isolation, recognising that their adoption and impact is contextual, and is related both to the wider social and political framework in which they occur and to the activities and initiatives of indigenous peoples. It does not treat them uncritically, recognising that they may in some cases consist of little more than exercises in public relations. However, neither does it approach them cynically, recognising the possibility that, even if CSR policies and activities reflect hard-headed business decisions, and indeed perhaps particularly if they do so, they can generate significant benefits for indigenous peoples if appropriate accountability mechanisms are in place. In undertaking an in-depth analysis of CSR and indigenous peoples in the extractive industries, the book seeks to answer the following questions. What is the nature and extent of CSR initiatives in the extractive industries and how should they be understood? What motivates companies to pursue CSR policies and activities? How do specific political, social and legal contexts shape corporate behaviour? What is the relationship between indigenous political action and CSR? How and to what extent can corporations be held accountable for their policies and actions? Can CSR help bring about a fundamental change in the distribution of benefits and costs from large-scale resource exploitation and, if so, under what conditions can this occur? Earth Matters gathers key experts from around the world who discuss corporate initiatives in Alaska, Ecuador, Australia, Canada, Peru, Papua New Guinea, Indonesia and Russia. The book explores the great diversity that characterises initiatives and policies under the name of "corporate social responsibility", the highly contingent and contextual nature of corporate responses to indigenous demands, and the complex and evolving nature of indigenous–corporate relations. It also reveals much about the conditions under which CSR can contribute to a redistribution of benefits and costs from large-scale resource development. Earth Matters will be essential reading for those working in and studying the extractive industry worldwide, as well as those readers looking for a state-of-the-art description of how CSR is functioning in perhaps its most difficult setting.
Earth Matters: Indigenous Peoples, the Extractive Industries and Corporate Social Responsibility
by Ciaran O'Faircheallaigh Saleem AliIndigenous peoples have historically gained little from large-scale resource development on their traditional lands, and have suffered from its negative impacts on their cultures, economies and societies. During recent decades indigenous groups and their allies have fought hard to change this situation: in some cases by opposing development entirely; in many others by seeking a fundamental change in the distribution of benefits and costs from resource exploitation. In doing so they have utilised a range of approaches, including efforts to win greater recognition of indigenous rights in international fora; pressure for passage of national and state or provincial legislation recognising indigenous land rights and protecting indigenous culture; litigation in national and international courts; and direct political action aimed at governments and developers, often in alliance with non-governmental organisations (NGOs). At the same time, and partly in response to these initiatives, many of the corporations that undertake large-scale resource exploitation have sought to address concerns regarding the impact of their activities on indigenous peoples by adopting what are generally referred to as "corporate social responsibility" (CSR) policies. This book focuses on such corporate initiatives. It does not treat them in isolation, recognising that their adoption and impact is contextual, and is related both to the wider social and political framework in which they occur and to the activities and initiatives of indigenous peoples. It does not treat them uncritically, recognising that they may in some cases consist of little more than exercises in public relations. However, neither does it approach them cynically, recognising the possibility that, even if CSR policies and activities reflect hard-headed business decisions, and indeed perhaps particularly if they do so, they can generate significant benefits for indigenous peoples if appropriate accountability mechanisms are in place. In undertaking an in-depth analysis of CSR and indigenous peoples in the extractive industries, the book seeks to answer the following questions. What is the nature and extent of CSR initiatives in the extractive industries and how should they be understood? What motivates companies to pursue CSR policies and activities? How do specific political, social and legal contexts shape corporate behaviour? What is the relationship between indigenous political action and CSR? How and to what extent can corporations be held accountable for their policies and actions? Can CSR help bring about a fundamental change in the distribution of benefits and costs from large-scale resource exploitation and, if so, under what conditions can this occur? Earth Matters gathers key experts from around the world who discuss corporate initiatives in Alaska, Ecuador, Australia, Canada, Peru, Papua New Guinea, Indonesia and Russia. The book explores the great diversity that characterises initiatives and policies under the name of "corporate social responsibility", the highly contingent and contextual nature of corporate responses to indigenous demands, and the complex and evolving nature of indigenous–corporate relations. It also reveals much about the conditions under which CSR can contribute to a redistribution of benefits and costs from large-scale resource development. Earth Matters will be essential reading for those working in and studying the extractive industry worldwide, as well as those readers looking for a state-of-the-art description of how CSR is functioning in perhaps its most difficult setting.
EC Free Movement of Capital, Corporate Income Taxation and Third Countries: Four Selected Issues
by Daniël S. Smit & Ben J. KiekebeldFree movement of capital is at the heart of the Single Market and is one of its “four freedoms”. It enables integrated, open, competitive and efficient European financial markets and services. For citizens it means the ability to perform many operations abroad, as diverse as opening bank accounts, buying shares in non-domestic companies, investing where the best return is, and purchasing real estate. For companies it principally means being able to invest in and own other European companies and take an active part in their management. With all its benefits, the free movement of capital brings with it an array of thorny issues. This timely work explores several of the most critical, focusing on the practical ability of national law to satisfy the relevant EU requirements
Eckpunkte der Parteistellung: Wegweiser für Gesetzgebung und Vollziehung (Forschungen aus Staat und Recht #154)
by Wolfgang WesselyDie Anerkennung subjektiv-öffentlicher Rechte zählt zu den wesentlichen Errungenschaften des modernen Rechtsstaates. Wieweit unter rechtsstaatlichen Gesichtspunkten der Umfang prozessualer Mitwirkungsrechte reichen muss bzw. wie diese auszugestalten sind, wird nicht eindeutig beantwortet. Unter Berücksichtigung verfassungs- und gemeinschaftsrechtlicher Vorgaben unternimmt der Autor den Versuch, den möglichen Gestaltungsspielraum für den einfachen Gesetzgeber zu analysieren, wobei die Notwendigkeit der Einräumung von Parteistellung in einem bestimmten Verfahren sowie die verfahrensrechtliche Ausgestaltung im Mittelpunkt stehen. Besonderes Augenmerk wird auf die Grenzen der Zulässigkeit der Beschneidung prozessualer Mitwirkungsrechte trotz materieller Betroffenheit bzw. der Möglichkeit der Vorwegnahme anstehender Interessensabwägungen auf Gesetzesebene gerichtet. Schließlich wendet sich die Arbeit der einfachgesetzlichen Ausgestaltung der Parteistellung im österreichischen Verwaltungsverfahrensrecht (AVG) zu.
EcoDesign: Von der Theorie in die Praxis
by Eberhard Abele Reiner Anderl Herbert Birkhofer Bruno RüttingerDie TU Darmstadt setzte in Kooperation mit namhaften Industrieunternehmen EcoDesign nachhaltig in deren Unternehmenspraxis um. Der Forschungsbereich wurde von der DFG gefördert und erzielte praxisnahe und nachvollziehbare Ergebnisse: zukünftige rechtliche Rahmenbedingungen, Implementierung, Entwicklung umweltgerechter Energiespeicher, Arbeitsmittel für Investitionsgüter u.v.m. Plus: konkrete Fallbeispiele, Umsetzungsleitfaden für Anwender.
Economic Loss Caused by Genetically Modified Organisms: Liability and Redress for the Adventitious Presence of GMOs in Non-GM Crops (Tort and Insurance Law #24)
by Bernhard A. KochEuropean farmers should have a free choice between growing conventional or organic crops or cultivating genetically modified plants instead, to the extent permissible. While this goal can hardly be disputed, it is subject to a heated - bate throughout Europe whether such co-existence can ever be truly achieved in practice, as agriculture by its nature cannot be performed in completely isolated zones which guarantee the complete segregation of GM and non-GM production. Despite all due efforts, traditional agricultural products, particul- ly if grown in the vicinity of GM fields, may therefore still turn out to contain detectable traces of GMOs. To the extent primary ways to secure the separation between the various farming practices such as buffer zones or the like fail, secondary tools may be necessary in order to reestablish the balance of interests between the prod- ers. This is where tort law and alternative redress schemes come into play. As will be seen, European jurisdictions differ quite substantially when it comes to responding to the economic loss incurred by one farmer due to the p- missible pursuit of a novel production technique applied by another. This book not only tries to present those different approaches country by country, but also offers a comparison of the existing regimes as well as reflections on how such diversity may or may not need to be addressed on a European legislative level.
Economics of the Law: A Primer (Routledge Advanced Texts in Economics and Finance)
by Wolfgang WeigelThere is an ever-increasing interest in the question of how and why legal norms can effectively guide human action. This compact volume demonstrates how economic tools can be used to examine this question and scrutinize these legal norms. Indeed, this is one of the first text to be based on civil law instead of the more usual common law, situating the study of both private and public law within the framework of institutional economics, with recommendations for further reading and a list of key terms in each chapter. Besides the standard economic problems in property, tort, contract, crime and litigation, areas covered include: new institutional economics public choice constitutional law public administrations regulatory impact analysis. This book is essential reading for students in law schools and economics departments alike, particularly those engaged with the methodology of law and economics, applied economics and economic methods of legal policy.
Eigentumsschutz und Sozialversicherung: Eine rechtsvergleichende Analyse anhand der Rechtsprechung des Bundesverfassungsgerichts und des ungarischen Verfassungsgerichts (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #185)
by Pál SonnevendRechtsvergleichende Sicht: Die Arbeit untersucht mit der Anwendung der Eigentumsgarantie auf Rechtspositionen in der Sozialversicherung eine umstrittene dogmatische Figur. Ergebnis: das Bundesverfassungsgericht und das ungarische Verfassungsgericht halten zwar unterschiedliche Voraussetzungen des Eigentumsschutzes für maßgeblich, berücksichtigen aber ähnliche Gesichtspunkte. Plus: der Staat und die Erträge der Erwerbsarbeit von Versicherten.
Einführung in (Schriften der Mathematisch-naturwissenschaftlichen Klasse #19)
by Hans MohrZweifellos war das 20. Jahrhundert vor allem eine Epoche von Wissenschaft und Technik. Unter Wissenschaft versteht der Autor jene Disziplinen, die gesichertes kognitives Wissen hervorbringen, also in erster Linie die Naturwissenschaften, die Logik und die Mathematik. In seinem Buch zeigt er u. a. wie die Bündelung des Wissens in Form von Theorien erfolgt, nach welchen Kriterien der Stellenwert einer wissenschaftlichen Theorie beurteilt werden kann und warum die Quantentheorie die wichtigste Gedankenschöpfung des 20. Jahrhunderts gewesen ist.