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The Cure in the Code: How 20th Century Law is Undermining 21st Century Medicine
By Peter W. Huber. 2013
Never before have two revolutions with so much potential to save and prolong human life occurred simultaneously. The converging, synergistic…
power of the biochemical and digital revolutions now allows us to read every letter of life's code, create precisely targeted drugs to control it, and tailor their use to individual patients. Cancer, diabetes, Alzheimer's and countless other killers can be vanquished-if we make full use of the tools of modern drug design and allow doctors the use of modern data gathering and analytical tools when prescribing drugs to their patients.But Washington stands in the way, clinging to outdated drug-approval protocols developed decades ago during medicine's long battle with the infectious epidemics of the past. Peter Huber, an expert in science, technology, and public policy, demonstrates why Washington's one-size-fits-all drug policies can't deal with diseases rooted in the complex molecular diversity of human bodies. Washington is ill-equipped to handle the torrents of data that now propel the advance of molecular medicine and is reluctant to embrace the statistical methods of the digital age that can. Obsolete economic policies, often rationalized as cost-saving measures, stifle innovation and suppress investment in the medicine that can provide the best cures at the lowest cost.In the 1980s, an AIDS diagnosis was a death sentence, until the FDA loosened its throttling grip and began streamlining and accelerating approval of life-saving drugs. The Cure in the Code shows patients, doctors, investors, and policy makers what we must now do to capture the full life-saving and cost-saving potential of the revolution in molecular medicine. America has to choose. At stake for America is the power to lead the world in mastering the most free, fecund, competitive, dynamic, and intelligent natural resource on the planet-the molecular code that spawns human life and controls our health.Limits of Patentability
By Ulrich Storz, Andreas Hübel, Aloys Hüttermann. 2012
SpringerBriefs in Biotech Patents presents timely reports on intellectual properties (IP) issues and patent aspects in the field of biotechnology.…
In this volume the limits of patentability are addressed, a question that is often raised when it comes to biotechnological inventions: The first section addresses current issues in the patentability of plants produced by essentially biological processes including the controversy between farmer's privilege and patent exhaustion with respect to seeds in the US. The second section examines the patentability of human embryonic stem cells in Europe and the US, also considering alternative technologies with respect to their practicability and patentability. The third section focuses on the patentability of genes and nucleic acids, especially the issue of patenting of encoding genes and nucleic acids.Ethical Challenges in Genomics Research
By Paula Boddington. 2011
New developments in science and technology have resulted in shifting ethical challenges in many areas including in genomics research. This…
book enables those who are involved in genomics research, whether as researcher, participant or policy maker, to understand the ethical issues currently developing in this field and to participate actively in these important debates. A clear account is given of how science and technology are outstripping the capacity of previous ethical regulations to cope with current issues, together with practical illustrations of possible ways forward. Key ethical ideas are presented, drawing on the history of research regulation and on an account of the particular challenges arising in the field of genomics. The book uses a grounded, practical approach to explaining ethical concepts and issues which is geared to enhancing interdisciplinary dialogue. Its broad approach to ethical issues includes relevant considerations from social psychology and there is a particular emphasis on understanding the problems of ethical regulations and practice in the institutional and social context of research. A glossary and numerous text boxes explaining relevant terms and key ideas help to make the work an invaluable resource for both beginners and experts in the field.Exclusive Use in an Inclusive Environment
By Philip De Man. 2016
This book aims to find a workable interpretation of the non-appropriation principle that is compatible with both the existing international…
space law framework and the move of the private space industry towards the mining of asteroids and other celestial bodies. It does so by analysing the rules on the use of orbits as limited natural resources as a concrete indication of how space resources can be exploited by one user while respecting the non-appropriation principle and the interests of other users in space. This analysis is complemented by a thorough review of the meaning of property rights in the context of the existing international space law regime. This allows the author to distinguish between the lawful exploitation and unlawful appropriation of resources in a manner that could pave the way for a workable asteroid mining regime that takes into account the needs of individual companies and the international community. Exclusive use in an inclusive environment frames the legal regime of the exploitation of natural resources in outer space as the most pressing example to date of the tension that arises between the rights of a single spacefaring actor and the interests of the broader international community. Though academic in its approach in dealing with one of the most fundamental issues of space law to date, the book has very practical ambitions. By offering a pragmatic interpretation of the space law principles that are likely to remain the legal foundations of asteroid mining for the foreseeable future, Exclusive use in an inclusive environment hopes to inform academics, practitioners and policymakers alike in their future attempts at working out a fair, equitable and effective management regime for the exploitation of natural resources in outer space.European Ship Recycling Regulation
By Urs Daniel Engels. 2012
This study provides an in-depth analysis of the Hong Kong Ship Recycling Convention as adopted in May 2009 and a…
thorough analysis of the overall status quo of ship recycling regulations. It investigates the lack of sufficient ratifications of the Convention from both a legal and an economic perspective. The first part of the study focuses on the history of the Convention's entry-into-force provision and the rationale behind it. Due to the fact that this provision provides a considerable additional obstacle to the Convention's becoming legally binding, in the second part the focus of the work shifts to unilateral action in this field. An overview of the legal environment of European ship recycling legislation is followed by an analysis and evaluation of a number of proposals by the European Commission attempting to tackle the problems of current ship recycling procedures. With a particular emphasis on (planned) European measures in this regard, the analysis' overall message is one of cautious optimism.Judicial Review of Legislation
By Gerhard van der Schyff. 2009
Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example.…
Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review's justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.The Law of Business Organizations: A Concise Overview of German Corporate Law
By Martin Schulz, Oliver Wasmeier. 2012
This book gives a concise introduction to the German law of business organizations and is meant to help business practitioners…
and international students to familiarize themselves with its key concepts and legal issues. After outlining some characteristic features of the German legal system the book describes the various types of German business organizations with a special focus on the German Limited Liability Company (GmbH) and the German Stock Corporation (AG). The book discusses some typical problems faced by companies engaged in cross-border activities and also provides a brief outline of some recent developments in European company law with a special focus on the new multinational corporate form of the European Company (SE).The Planning Theory of Law
By Damiano Canale, Giovanni Tuzet. 2012
This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that…
took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro's Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The contributions clearly highlight the difference of the continental and civil law perspective from the common law background of Shapiro but at the same time the volume tries to bridge the gap between the two. The essays provide a critical reading of the planning theory of law, highlighting its merits on the one hand and objecting to some parts of it on the other hand. Each contribution discusses in detail a chapter of Shapiro's book and together they cover the whole of Shapiro's theory. So the book presents a balanced and insightful discussion of the arguments of Legality.Environmental Change and Food Security in China
By Jenifer Huang Mcbeath, Jerry Mcbeath. 2010
With 22 percent of the world's population but only 7 percent of its arable land, China's food situation is a…
matter of global concern. This volume is the first to introduce comprehensively the threats to China's system of food production, distribution, and consumption. It analyzes broad challenges of population growth, urbanization, and extraordinarily rapid economic development. Then it focuses on degradation of China's land, water and air, water sufficiency, and evidence of climate change effects as they adversely affect the food system. The study investigates plant diseases and pests which take a large toll on agricultural production and also considers alien invasive species. Normal bureaucratic routines of agricultural, land, water, climatological, and environmental agencies are inadequate to counter these challenges, and the regime has launched large projects (e.g., the South-North Water Diversion Project) and conducted national campaigns (e.g., re- and afforestation programs) which are unprecedented in their scope. Also, China has invested more heavily in agricultural biotechnology research than any other developing country. These responses have insured self-sufficiency in food staples to the present. The volume evaluates several future problems and issues in China's approach to food security. Despite attempts to tighten coordination of policy and improve enforcement, as seen in efforts to resolve the tainted products crisis of 2007, the increased autonomy of local governments often frustrates green and clean ambitions of the state. Although the regime has tolerated environmental and other NGOs, allowed the media greater latitude to report bad news, and permitted protests that do not challenge the communist party's authority, still civil society is weak. While economic development has lifted more than 200 million from poverty, rural/urban inequality increases, pushing the poor into China's cities, and access to food remains a problem for many.Ethics in Psychiatry: European Contributions
By Hanfried Helmchen, Norman Sartorius. 2010
Ethics in Psychiatry: (1) presents a comprehensive review of ethical issues arising in psychiatric care and research; (2) relates ethical…
issues to changes and challenges of society; (3) examines the application of general ethics to specific psychiatric problems and relates these to moral implications of psychiatry practice; (4) deals with recently arising ethical problems; (5) contains contributions of leading European ethicists, philosophers, lawyers, historians and psychiatrists; (6) provides a basis for the exploration of culture-bound influences on morals, manners and customs in the light of ethical principles of global validity.America's Unwritten Constitution: The Precedents and Principles We Live By
By Akhil Reed Amar. 2012
Despite its venerated place atop American law and politics, our written Constitution does not enumerate all of the rules and…
rights, principles and procedures that actually govern modern America. The document makes no explicit mention of cherished concepts like the separation of powers and the rule of law. On some issues, the plain meaning of the text misleads. For example, the text seems to say that the vice president presides over his own impeachment trialbut surely this cannot beright. As esteemed legal scholar Akhil Reed Amar explains inAmerica’s Unwritten Constitution, the solution to many constitutional puzzles lies not solely within the written document, but beyond itin the vast trove of values, precedents, and practices that complement and complete the terse text. In this sequel toAmerica’s Constitution: A Biography, Amar takes readers on a tour of our nation’sunwrittenConstitution, showing how America’s foundational document cannot be understood in textual isolation. Proper constitutional interpretation depends on a variety of factors, such as the precedents set by early presidents and Congresses; common practices of modern American citizens; venerable judicial decisions; and particularly privileged sources of inspiration and guidance, including theFederalistpapers, William Blackstone’sCommentaries on the Laws of England, the Northwest Ordinance of 1787, Lincoln’s Gettysburg Address, and Martin Luther King, Jr. ’s I Have a Dream” speech. These diverse supplements are indispensible instruments for making sense of the written Constitution. When used correctly, these extra-textual aids support and enrich the written document without supplanting it. An authoritative work by one of America’s preeminent legal scholars,America’s Unwritten Constitutionpresents a bold new vision of the American constitutional system, showing how the complementary relationship between the Constitution’s written and unwritten components is one of America’s greatest and most enduring strengths.Aristotle on Political Community
By David J. Riesbeck. 2016
Aristotle's claims that 'man is a political animal' and that political community 'exists for the sake of living well' have…
frequently been celebrated by thinkers of divergent political persuasions. The details of his political philosophy, however, have often been regarded as outmoded, contradictory, or pernicious. This book takes on the major problems that arise in attempting to understand how the central pieces of Aristotle's political thought fit together: can a conception of politics that seems fundamentally inclusive and egalitarian be reconciled with a vision of justice that seems uncompromisingly hierarchical and authoritarian? Riesbeck argues that Aristotle's ideas about the distinctive nature and value of political community, political authority, and political participation are coherent and consistent with his aristocratic standards of justice. The result is a theory that, while not free of problems, remains a potentially fruitful resource for contemporary thinking about the persistent problems of political life.Counter-hegemonic Resistance in China's Hong Kong: Visualizing Protest in the City
By Daniel Garrett. 2015
This book and associated collection of visual data and sociological observations examine how the Hong Kong Special Administrative Region …
SAR has been visually re-imagined transformed and utilized by its subalterns in the post-Handover period to reproduce their aspirations and demands for greater democracy and social justice while simultaneously contesting the hegemonic pressure exerted by China under the One Country Two Systems ideology It provides a rich visual description and narrative of how Hong Kong s many repressed social and political actors have struggled to make their voices heard under its competitive authoritarian political system The book addresses the growing scholarly interest in the visual analysis of global protests and social movements as salient sources of sociological data and on the creation of meaning By innovatively tackling the visual culture and visuality of subaltern resistance in Hong Kong it contributes to our understanding of contentious SAR-China politics and the New Social Movement and will be of great interest to Hong Kong resistance social movement and visual studies scholarsNew Media and Sport
By Katrien Lefever. 2011
During the past decade, the media landscape and the coverage of sports events have changed fundamentally. Sports fans can consume…
the sports content of their choice, on the platform they prefer and at the time they want. Furthermore, thanks to electronic devices and Internet, content can now be created and distributed by every sports fan. As a result, it is argued that media regulation which traditionally contains rules safeguarding access to information and diversity would become redundant. Moreover, it is sometimes proposed to leave the regulation of the broadcasting market solely to competition law.This book, illustrates that media law is still needed, even in an era of abundance, to guarantee public's access to live and full sports coverage. Dealing with the impact of new media on both media and competition law this book will greatly appeal to academics and stakeholders from various disciplines, such as legal and public policy, political science, media and communications studies, journalism and European studies. Additionally it contains valuable information and points of view for policy makers, lawyers and international and intergovernmental organisations, active in media development. The book contains an up-to-date analysis and overview of the different competition authorities' decisions and media provisions dealing with the sale, acquisition and exploitation of sports broadcasting rights. Katrien Lefever is Senior Legal Researcher at IBBT - The Interdisciplinary Centre for Law and ICT (ICRI), KU Leuven, Belgium. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.The Implementation of the EU Services Directive
By Ulrich Stelkens, Wolfgang Weiß, Michael Mirschberger. 2011
The Services Directive is one of the cornerstones for the realization of the EU internal market and is fundamental to…
economic and legal experts, as well as to the general public. This book analyses in detail the different steps taken by each of the 27 EU Member States in the implementation process of the Services Directive. It provides not only detailed information about the changes in national law adopted by the Member States, but also facilitates a comparison of the different implementation strategies. It gives an insight in the heterogeneity or homogeneity of implementation concepts and shows how European legislation affects legislation that were originally nationally dominated, such as the law of national administration. Valuable for academics interested in European and administrative law and the transposition of European lawmaking into domestic law, as well as for civil servants in ministries, chambers of commerce, local governments and other comparable institutions having to implement the Directive.The Fundamental Concept of a Crime in International Criminal Law: A Comparative Law Analysis
By Iryna Marchuk. 2014
This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative…
law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.Internationalization of Law
By Marcelo Dias Varella. 2014
The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its…
traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.Family-Oriented Informed Consent
By Ruiping Fan. 2015
This volume addresses the proper character of patient informed consent to medical treatment and clinical research. The goal is critically…
to explore the current individually oriented approach to informed consent which grew out of the dominant bioethics movement that arose in the United States in the 1970s. In contrast to that individually oriented approach, this volume explores the importance of family-oriented approaches to informed consent for medical treatment and clinical research. It draws on both East Asian moral resources as well as a critical response to the ways in which the practice of informed consent has developed in the United StatesEconomic Sanctions under International Law
By Ali Z. Marossi, Marisa R. Bassett. 2015
Since the Second World War, States have increasingly relied upon economic sanctions programs, in lieu of military action, to exert…
pressure and generally to fill the awkward gap between verbal denunciation and action. Whether or not sanctions are effective remains a point of contention among policymakers. Frequently asked questions include whether any legal order constrains the use of sanctions, and, if so, what the limits on the use of sanctions are. This volume gathers contributions from leading experts in various relevant fields providing a seminal study on the limits of economic sanctions under international law, including accountability mechanisms when sanctioning States go too far. Where there are gaps in the law, the authors provide novel and important contributions as to how existing legal structures can be used to ensure that economic sanctions remain within an accepted legal order. This book is a most valuable contribution to the literature in the fields of international economic law, public international law and international dispute resolution. Ali Z. Marossi is an advisory board member of The Hague Center for Law and Arbitration. Marisa R. Bassett is Associate Legal Officer in the Office of the Prosecutor for the ICTY and former Associate at White & Case LLP.Sub-State Governance through Territorial Autonomy
By Markku Suksi. 2010
This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are…
identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the Åland Islands in Finalnd, Scotland in the United Kingdom, Puerto Rico in the United States of America, Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania. The current sub-state entities examined can be arranged in relation to Memel in a manner that indicates that Hong Kong and the Åland conform to the typical territorial autonomy, while Puerto Rico and Aceh should probably not be understood as territorial autonomies proper. At the same time, the territorial autonomies can be distinguished from federally organized sub-state entities.