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Common Law and Civil Law Perspectives on Tort Law
by Mauro Bussani Anthony Sebok Marta InfantinoThe book provides scholars, lawyers and law students with a comparative overview of the law of civil liability for injuries arising outside of contract in five major legal systems in the common law and civil law traditions: England, the United States, France, Germany and Italy. The book analyzes a select number of foundational issues that lie at the core of tort law in all the jurisdictions surveyed, and takes them as points of comparison for appreciating commonalities and differences between the common law and the civil law traditions, as well as within these traditions. The analysis covers the structure and context of tort law architectures, the role of negligence and the continuum between fault and strict liability, rules on recovery for personal injuries, non-economic losses and for pure economic losses, tests and approaches to causation, medical malpractice and products liability regimes. As such, the book provides an updated and enriched framework for understanding the rules, the theories, the styles of reasoning and the tort law cultures across the Atlantic.
Common Law and Civil Law Perspectives on Tort Law
by Mauro Bussani Marta Infantino Anthony SebokThe book provides scholars, lawyers and law students with a comparative overview of the law of civil liability for injuries arising outside of contract in five major legal systems in the common law and civil law traditions: England, the United States, France, Germany and Italy. The book analyzes a select number of foundational issues that lie at the core of tort law in all the jurisdictions surveyed, and takes them as points of comparison for appreciating commonalities and differences between the common law and the civil law traditions, as well as within these traditions. The analysis covers the structure and context of tort law architectures, the role of negligence and the continuum between fault and strict liability, rules on recovery for personal injuries, non-economic losses and for pure economic losses, tests and approaches to causation, medical malpractice and products liability regimes. As such, the book provides an updated and enriched framework for understanding the rules, the theories, the styles of reasoning and the tort law cultures across the Atlantic.
Reconstructing the World Trade Organization for the 21st Century: An Institutional Approach
by Kent JonesThe institutional shortcomings of the World Trade Organization (WTO) became apparent during the Doha Round of Trade negotiations that began in 2001 and which aimed to improve the success of developing countries' trading by lowering trade barriers and adjusting other trade rules. This "development agenda" meant different things to rich and poor countries. In addition, many of the circumstances that supported success in General Agreement on Tariffs and Trade (GATT) negotiations of 1947 were no longer present after the WTO was founded in 1995. In Reconstructing the World Trade Organization for the 21st Century, Kent Jones examines the difficulties of the WTO in completing multilateral trade negotiations and possible ways to restore its ability to do so. The problem lies in the institutional structure it inherited from the GATT, which was designed for a more limited scope of trade negotiations among a relatively small number of wealthier, industrialized countries. Jones presents an institutional model of the GATT/WTO system, which describes why such an organization exists and how it is supposed to accomplish its goals. Institutional reforms will be necessary to restore the WTO's ability to complete global trade agreements, including a more flexible application of the consensus rule, a common understanding among all members about the limits of domestic policy space that is subject to negotiation, and clearer rules on reciprocity obligations. The popularity of bilateral and regional trade agreements, which have emerged as the alternative to WTO agreements, presents a threat to the WTO's relevance in trade negotiations, but also an opportunity to "multilateralize" new and deeper trade integration in future WTO agreements. Aid for trade may also play an instrumental role in bringing more developing countries into WTO disciplines. Above all, WTO members must develop new ways to find common ground in order to negotiate for mutual gains from trade.
Reconstructing the World Trade Organization for the 21st Century: An Institutional Approach
by Kent JonesThe institutional shortcomings of the World Trade Organization (WTO) became apparent during the Doha Round of Trade negotiations that began in 2001 and which aimed to improve the success of developing countries' trading by lowering trade barriers and adjusting other trade rules. This "development agenda" meant different things to rich and poor countries. In addition, many of the circumstances that supported success in General Agreement on Tariffs and Trade (GATT) negotiations of 1947 were no longer present after the WTO was founded in 1995. In Reconstructing the World Trade Organization for the 21st Century, Kent Jones examines the difficulties of the WTO in completing multilateral trade negotiations and possible ways to restore its ability to do so. The problem lies in the institutional structure it inherited from the GATT, which was designed for a more limited scope of trade negotiations among a relatively small number of wealthier, industrialized countries. Jones presents an institutional model of the GATT/WTO system, which describes why such an organization exists and how it is supposed to accomplish its goals. Institutional reforms will be necessary to restore the WTO's ability to complete global trade agreements, including a more flexible application of the consensus rule, a common understanding among all members about the limits of domestic policy space that is subject to negotiation, and clearer rules on reciprocity obligations. The popularity of bilateral and regional trade agreements, which have emerged as the alternative to WTO agreements, presents a threat to the WTO's relevance in trade negotiations, but also an opportunity to "multilateralize" new and deeper trade integration in future WTO agreements. Aid for trade may also play an instrumental role in bringing more developing countries into WTO disciplines. Above all, WTO members must develop new ways to find common ground in order to negotiate for mutual gains from trade.
The Goldilocks Challenge: Right-Fit Evidence for the Social Sector
by Mary Kay Gugerty Dean KarlanThe social sector provides services to a wide range of people throughout the world with the aim of creating social value. While doing good is great, doing it well is even better. These organizations, whether nonprofit, for-profit, or public, increasingly need to demonstrate that their efforts are making a positive impact on the world, especially as competition for funding and other scarce resources increases. This heightened focus on impact is positive: learning whether we are making a difference enhances our ability to address pressing social problems effectively and is critical to wise stewardship of resources. Yet demonstrating efficacy remains a big hurdle for most organizations. The Goldilocks Challenge provides a parsimonious framework for measuring the strategies and impact of social sector organizations. A good data strategy starts first with a sound theory of change that helps organizations decide what elements they should monitor and measure. With a theory of change providing solid underpinning, the Goldilocks framework then puts forward four key principles, the CART principles: Credible data that are high quality and analyzed appropriately, Actionable data will actually influence future decisions; Responsible data create more benefits than costs; and Transportable data build knowledge that can be used in the future and by others. Mary Kay Gugerty and Dean Karlan combine their extensive experience working with nonprofits, for-profits and government with their understanding of measuring effectiveness in this insightful guide to thinking about and implementing evidence-based change. This book is an invaluable asset for nonprofit, social enterprise and government leaders, managers, and funders-including anyone considering making a charitable contribution to a nonprofit-to ensure that these organizations get it "just right" by knowing what data to collect, how to collect it, how it can be analyzed, and drawing implications from the analysis. Everyone who wants to make positive change should focus on the top priority: using data to learn, innovate, and improve program implementation over time. Gugerty and Karlan show how.
The Goldilocks Challenge: Right-Fit Evidence for the Social Sector
by Mary Kay Gugerty Dean KarlanThe social sector provides services to a wide range of people throughout the world with the aim of creating social value. While doing good is great, doing it well is even better. These organizations, whether nonprofit, for-profit, or public, increasingly need to demonstrate that their efforts are making a positive impact on the world, especially as competition for funding and other scarce resources increases. This heightened focus on impact is positive: learning whether we are making a difference enhances our ability to address pressing social problems effectively and is critical to wise stewardship of resources. Yet demonstrating efficacy remains a big hurdle for most organizations. The Goldilocks Challenge provides a parsimonious framework for measuring the strategies and impact of social sector organizations. A good data strategy starts first with a sound theory of change that helps organizations decide what elements they should monitor and measure. With a theory of change providing solid underpinning, the Goldilocks framework then puts forward four key principles, the CART principles: Credible data that are high quality and analyzed appropriately, Actionable data will actually influence future decisions; Responsible data create more benefits than costs; and Transportable data build knowledge that can be used in the future and by others. Mary Kay Gugerty and Dean Karlan combine their extensive experience working with nonprofits, for-profits and government with their understanding of measuring effectiveness in this insightful guide to thinking about and implementing evidence-based change. This book is an invaluable asset for nonprofit, social enterprise and government leaders, managers, and funders-including anyone considering making a charitable contribution to a nonprofit-to ensure that these organizations get it "just right" by knowing what data to collect, how to collect it, how it can be analyzed, and drawing implications from the analysis. Everyone who wants to make positive change should focus on the top priority: using data to learn, innovate, and improve program implementation over time. Gugerty and Karlan show how.
Private Governance: Creating Order in Economic and Social Life
by Edward Peter StringhamFrom the first stock markets of Amsterdam,London, and New York to the billions of electronic commerce transactions today, privately produced and enforced economic regulations are more common, more effective, and more promising than commonly considered. In Private Governance, prominent economist Edward Stringham presents case studies of the various forms of private enforcement, self-governance, or self-regulation among private groups or individuals that fill a void that government enforcement cannot. Through analytical narratives the book provides a close examination of the world's first stock markets, key elements of which were unenforceable by law; the community of Celebration, Florida, and other private communities that show how public goods can be bundled with land and provided more effectively; and the millions of credit-card transactions that occur daily and are regulated by private governance. Private Governance ultimately argues that while potential problems of private governance, such as fraud, are pervasive, so are the solutions it presents, and that much of what is orderly in the economy can be attributed to private groups and individuals. With meticulous research, Stringham demonstrates that private governance is a far more common source of order than most people realize, and that private parties have incentives to devise different mechanisms for eliminating unwanted behavior. Private Governance documents numerous examples of private order throughout history to illustrate how private governance is more resilient to internal and external pressure than is commonly believed. Stringham discusses why private governance has economic and social advantages over relying on government regulations and laws, and explores the different mechanisms that enable private governance, including sorting, reputation, assurance, and other bonding mechanisms. Challenging and rigorously-written, Private Governance will make a compelling read for those with an interest in economics, political philosophy, and the history of current Wall Street regulations.
Quality and Safety in Anesthesia and Perioperative Care
Quality and Safety in Anesthesia and Perioperative Care offers practical suggestions for improving quality of care and patient safety in the perioperative setting. Chapters are organized into sections on clinical foundations and practical applications, and emphasize strategies that support reform at all levels, from operating room practices to institutional procedures. Written by leading experts in their fields, chapters are based on accepted safety, human performance, and quality management science and they illustrate the benefits of collaboration between medical professionals and human factors experts. The book highlights concepts such as situation awareness, staff resource management, threat and error management, checklists, explicit practices for monitoring, and safety culture. Quality and Safety in Anesthesia and Perioperative Care is a must-have resource for those preparing for the quality and safety questions on the American Board of Anesthesiology certification examinations, as well as clinicians and trainees in all practice settings.
Quality and Safety in Anesthesia and Perioperative Care
by Keith J. Ruskin, Marjorie P. Stiegler and Stanley H. RosenbaumQuality and Safety in Anesthesia and Perioperative Care offers practical suggestions for improving quality of care and patient safety in the perioperative setting. Chapters are organized into sections on clinical foundations and practical applications, and emphasize strategies that support reform at all levels, from operating room practices to institutional procedures. Written by leading experts in their fields, chapters are based on accepted safety, human performance, and quality management science and they illustrate the benefits of collaboration between medical professionals and human factors experts. The book highlights concepts such as situation awareness, staff resource management, threat and error management, checklists, explicit practices for monitoring, and safety culture. Quality and Safety in Anesthesia and Perioperative Care is a must-have resource for those preparing for the quality and safety questions on the American Board of Anesthesiology certification examinations, as well as clinicians and trainees in all practice settings.
Integrative Men's Health (Weil Integrative Medicine Library)
by Myles D. Spar & George E. MunozAs a field, men's health is far behind women's health in terms of the availability of reliable, scientifically based information that men, their partners, and health care providers can rely on when seeking information and treatment. Moreover, integrative approaches are becoming more popular with men whose healthcare providers understand that most of the leading causes of morbidity and mortality in men, including cardiovascular disease, cancer, urologic disease, and sexual dysfunction, can be ameliorated using an integrative approach, with more emphasis on the patient-provider relationship, lifestyle change, and the use of proven complementary modalities. Integrative Men's Health provides an evidence-based perspective on the health problems that affect men and the ways in which such problems may be prevented or treated utilizing a broad armamentarium of approaches - from conventional tools to complementary modalities. All chapters take into consideration of all the factors that influence men's health including body, mind, and spirit in a way that neither rejects alternative approaches nor accepts any of them uncritically.
The Oxford Handbook of Culture and Psychology (Oxford Library of Psychology)
by Peter E. Nathan and Jaan ValsinerThe goal of cultural psychology is to explain the ways in which human cultural constructions -- for example, rituals, stereotypes, and meanings -- organize and direct human acting, feeling, and thinking in different social contexts. A rapidly growing, international field of scholarship, cultural psychology is ready for an interdisciplinary, primary resource. Linking psychology, anthropology, sociology, archaeology, and history, The Oxford Handbook of Culture and Psychology is the quintessential volume that unites the variable perspectives from these disciplines. Comprised of over fifty contributed chapters, this book provides a necessary, comprehensive overview of contemporary cultural psychology. Bridging psychological, sociological, and anthropological perspectives, one will find in this handbook: - A concise history of psychology that includes valuable resources for innovation in psychology in general and cultural psychology in particular - Interdisciplinary chapters including insights into cultural anthropology, cross-cultural psychology, culture and conceptions of the self, and semiotics and cultural connections - Close, conceptual links with contemporary biological sciences, especially developmental biology, and with other social sciences - A section detailing potential methodological innovations for cultural psychology By comparing cultures and the (often differing) human psychological functions occuring within them, The Oxford Handbook of Culture and Psychology is the ideal resource for making sense of complex and varied human phenomena.
The Oxford Handbook of Evidence-Based Management (Oxford Library of Psychology)
by Denise M. RousseauFrom medicine to education, evidence-based approaches aim to evaluate and apply scientific evidence to a problem in order to arrive at the best possible solution. Thus, using scientific knowledge to inform the judgment of managers and the process of decision-making in organizations, Evidence-based Management (EBMgt) is the science-informed practice of management. Written by leading experts in the study and practice of EBMgt, The Oxford Handbook of Evidence-based Management provides an overview of key EBMgt ideas and puts them in context of promoting evidence-based practice. Furthermore, it addresses the roles and contributions of practitioners, educators, and scholars -- the primary constituents of EBMgt -- while providing perspectives and resources for each. Divided into three sections (research, practice, and education), this handbook examines the realities of everyday management practice and the role EBMgt can play in improving managerial decision making and employee well being and instructs educators in their roles as designers of curricula and resources. As the first major volume to capture the spirit of this emerging movement, The Oxford Handbook of Evidence-based Management shows how practitioners can use high-quality knowledge gleaned from scientific research in order to make better use of available data and ultimately make more mindful decisions.
The Oxford Handbook of Personnel Assessment and Selection (Oxford Library of Psychology)
by Peter E. Nathan Neal SchmittEmployee selection has long stood at the practical forefront of industrial/organizational psychology. Today's social, business, and economic climates require ongoing adaptations by those who select organizations' personnel, and research on the topic helps gauge the impact of these adaptations and their implications for human performance and potential. The Oxford Handbook of Personnel Assessment and Selection codifies the wealth of new research surrounding employee selection (web-based assessments, social networking, globalization of organizations), situating them alongside more traditional practices to establish the best and most relevant research for both professionals and academics. Comprising chapters from authors in both the private sector and academia, this volume is organized into seven parts: (1) historical and social context of the field of assessment and selection; (2) research strategies; (3) individual difference constructs that underlie effective performance; (4) measures of predictor constructs; (5) employee performance and outcome assessment; (6) societal and organizational constraints on selection practice; and (7) implementation and sustainability of selection systems. While providing a comprehensive review of current research and practice, the purpose of this handbook is to provide an up-to-date profile of each of the areas addressed and highlight current questions that deserve additional attention from researchers and practitioners. This compendium is essential reading for industrial/organizational psychologists and human resource managers.
Psychosocial Palliative Care
by William S. Breitbart Yesne Alici International Psycho-Oncology International Psycho-Oncology SocietyOne of the most challenging roles of the psycho-oncologist is to help guide terminally-ill patients through the physical, psychological, and spiritual aspects of the dying process. Patients with cancer, AIDS, and other life-threatening illnesses are at increased risk for the development of major psychiatric complications, and have an enormous burden of both physical and psychological symptoms. Concepts of adequate palliative care must be expanded beyond the current focus on pain and physical symptom control to include the psychiatric, psychosocial, existential, and spiritual aspects of care. The psycho-oncologist, as a consultant to or member of a palliative care team, has a unique role and opportunity to fulfill this promise of competent and compassionate palliative care for those with life-threatening illnesses. Psychosocial Palliative Care guides the psycho-oncologist through the most salient aspects of effective psychiatric care of patients with advanced illnesses. This handbook reviews basic concepts and definitions of palliative care and the experience of dying, the assessment and management of major psychiatric complications of life-threatening illness, including psychopharmacologic and psychotherapeutic approaches, and covers issues such as bereavement, spirituality, cultural sensitivity, communication and psychiatric contributions to common physical symptom control. A global perspective on death and palliative care is taken throughout the text, and an Appendix provides a comprehensive list of international palliative care resources and training programs.
Psychosocial Palliative Care
by William S. BreitbartOne of the most challenging roles of the psycho-oncologist is to help guide terminally-ill patients through the physical, psychological, and spiritual aspects of the dying process. Patients with cancer, AIDS, and other life-threatening illnesses are at increased risk for the development of major psychiatric complications, and have an enormous burden of both physical and psychological symptoms. Concepts of adequate palliative care must be expanded beyond the current focus on pain and physical symptom control to include the psychiatric, psychosocial, existential, and spiritual aspects of care. The psycho-oncologist, as a consultant to or member of a palliative care team, has a unique role and opportunity to fulfill this promise of competent and compassionate palliative care for those with life-threatening illnesses. Psychosocial Palliative Care guides the psycho-oncologist through the most salient aspects of effective psychiatric care of patients with advanced illnesses. This handbook reviews basic concepts and definitions of palliative care and the experience of dying, the assessment and management of major psychiatric complications of life-threatening illness, including psychopharmacologic and psychotherapeutic approaches, and covers issues such as bereavement, spirituality, cultural sensitivity, communication and psychiatric contributions to common physical symptom control. A global perspective on death and palliative care is taken throughout the text, and an Appendix provides a comprehensive list of international palliative care resources and training programs.
Incorporating Rights: Strategies to Advance Corporate Accountability
by Erika GeorgeHuman rights have not been a central concern of corporate law. Corporate actors have not been a central concern of international human rights law. This book examines existing and emerging strategies that could conceivably close a global governance gap that places human rights at risk and puts commercial actors in the position of becoming complicit in human rights abuses or implicated in abuses when conducting business in emerging market economies or other complex environments. Corporate codes of conduct, sustainability reporting, and selected multi-stakeholder initiatives are presented as the building blocks of a system of strengthening "soft law" that could solidify to become binding baseline standards for better business practices. It explains the conditions that have given rise to constructive change as well as those methods and mechanisms with promise for ensuring that business enterprises incorporate human rights considerations into business operations. This book explores how capital and consumer markets could provide an additional or alternative form of enforcement to promote responsible business conduct. It provides comparative accounts of the creation of industry sector specific regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses after conflicts with concerned constituencies and affected communities. It considers market-based strategies to bring business practices into alignment with the responsibility to respect human rights and examines how corporate social responsibility initiatives could close the governance gap and how codes of conduct could come to regulate like real rules. It argues that regulation through information is essential to ensure that corporate conduct will be informed by human rights considerations and that business policies and practices will be implemented consistent with respect for human rights.
Conflicts in a Conflict: A Conflict of Laws Case Study on Israel and the Palestinian Territories
by Michael Karayanni Center for International Legal EducationConflicts in a Conflict outlines and analyzes the legal doctrines instructing the Israeli courts in private and civil disputes involving the Occupied Palestinian Territories of the West Bank and the Gaza Strip, since 1967 until the present day. In doing so, author, Michael Karayanni sheds light on a whole sphere of legal designs and norms that have not received any thorough scholarly attention, as most of the writings thus far have been on issues pertaining to international law, human rights, history, and politics. For the most part, Israeli courts turned to conflict of laws, or private international law to address private disputes implicating the Palestinian Territories. After making a thorough investigation into the jurisdictional designs of the West Bank and the Gaza Strip, both before and after the Oslo Peace Accords, Conflicts in a Conflict comes to focus on traditional topics such as adjudicative jurisdiction, choice of law, and recognitions and enforcement of judgments. Related issues such as the foreign sovereign immunity claim of the Palestinian Authority before Israeli courts as well as the extent to which Palestinian plaintiffs were granted access to justice rights, are also outlined and analyzed. This book's compelling thesis is the existence of a close relationship between conflict of laws doctrines as they developed over the years and Israeli policies generally in respect of the Palestinian Territories. This study of the conflict of laws in a war setting and conflict of laws in a jurisdictionally ambiguous location, will greatly serve scholars and practitioners in similarly troubled and complex legal situations elsewhere.
Sounding American: Hollywood, Opera, and Jazz (Oxford Music / Media)
by Jennifer FleegerSounding American: Hollywood, Opera, and Jazz tells the story of the interaction between musical form, film technology, and ideas about race, ethnicity, and the nation during the American cinema's conversion to sound. Contrary to most accepted narratives about the conversion, which tend to explain the competition between the Hollywood studios' film sound technologies in qualitative and economic terms, this book argues that the battle between disc and film sound was waged primarily in an aesthetic realm. Opera and jazz in particular, though long neglected in studies of the film score, were extremely important in defining the scope of the American soundtrack, not only during the conversion, but also once sound had been standardized. Examining studio advertisements, screenplays, scores, and the films themselves, author Jennifer Fleeger concentrates on the interactions between musical form and film technology, arguing that each of the major studios appropriated opera and jazz in a unique way in order to construct its own version of an ideal American voice. Traditional histories of Hollywood film music have tended to concentrate on the unity of the score, a model that assumes a passive spectator. Sounding American claims that the classical Hollywood film is essentially an illustrated jazz-opera with a musical structure that encourages an active form of listening and viewing in order to make sense of what is ultimately a fragmentary text.
The Oxford Handbook of U.S. Health Law (Oxford Handbooks)
The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, and how it compares to the experience of other countries. It explores the legal framework for the patient experience, from access through treatment, to recourse (if treatment fails), and examines emerging issues involving healthcare information, the changing nature of healthcare regulation, immigration, globalization, aging, and the social determinants of health. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law.
Hidden in Plain Sight: The Social Structure of Irrelevance
by Eviatar ZerubavelMany of us take for granted that what we perceive is a completely accurate representation of the world around us. Yet we have all had the experience of suddenly realizing that the keys or glasses that we had been looking for in vain were right in front of us the whole time. The capacity of our sense organs far exceeds our mental capabilities, and as such, looking at something does not guarantee that we will notice it. Our minds constantly prioritize and organize the information we take in, bringing certain things to the foreground, while letting others - that which we deem irrelevant - recede into the background. What ultimately determines what we perceive, and what we do not? In this fascinating book, noted sociologist Eviatar Zerubavel argues that we perceive things not just as human beings but as social beings. Drawing on fascinating examples from science, the art world, optical illusions, and all walks of life, he shows that what we notice or ignore varies across cultures and throughout history, and illustrates how our environment and our social lives - everything from our lifestyles to our professions to our nationalities - play a role in determining how we actually use our senses to access the world. A subtle yet powerful examination of one of the central features of our conscious life, this book offers a way to think about all that might otherwise remain hidden in plain sight.