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Medical Malpractice Legislation: Reforms in Civil Law Systems (Young Feltrinelli Prize in the Moral Sciences)
By Carlo Maria Masieri. 2024
This book aims to analyse the legal tools that the legislatures of France, Germany and Italy adopted in order to…
regulate medical malpractice.In the mid-1970s, a reform movement started in the United States, where there was considerable concern about then ongoing medical malpractice crises. Since the beginning of the current century, France, Germany and Italy have passed statutes that aim to reform medical liability rules. Thus, it is first interesting to assess whether any medical malpractice crises have been identified in these systems and, second, how these have been faced through the passing of new statutes on the continent. Accordingly, the first chapter explores the idea of medical malpractice crisis and its relationship with the insurance market, also considering the reflections of American scholars. It then reconstructs the French, German and Italian legal frameworks, as well as their insurance and litigation contexts, reviewing and commenting on the quantitative evidence that was collected before the reforms. The second chapter briefly summarises the debate on medical malpractice reforms in France, Germany and Italy. It then analyses the statutes that have been passed, distinguishing between reforms that consolidate case law and reforms that introduce innovative solutions, sometimes repealing court-developed doctrines. In particular, the chapter examines in a comparative perspective the diff erent options adopted in these civil law countries with regard to the rules on liability, burden of proof, statute of limitations and damages. Moreover, the chapter examines the reforms of insurance, procedural and evidence law, to the extent they affect medical malpractice cases. The third chapter reviews and analyses the current available data related to medical malpractice litigation and insurance after the reforms adopted in France, Germany and Italy, in order to find out evidence of their effectiveness and efficiency. It also highlights some aspects of medical malpractice law that still belong to the domain of the judiciary. It finally points out which problems may be addressed by the legislatures and what further data should be collected in the future.This work may interest legal scholars, healthcare providers, insurers and policymakers.Food, Philosophy, and Intellectual Property: Fifty Case Studies
By Enrico Bonadio, Andrea Borghini. 2024
This is a book about food, philosophy, and intellectual property rights.Taken separately, these are three well-known subjects, but it is…
uncommon to consider them together. The book comprises 50 case studies, organized around eight themes: images; genericity and descriptiveness; language traps; procedures; menus, recipes, and creativity; boundaries; biotech; and empowerment. The introductory chapter frames the selection of cases and encourages readers to look beyond them, envisaging new lenses to look at food vis-à-vis intellectual property. The terrain encompassed is wide-ranging and reaches out to fine-grained aspects of food products, recipes, and cooking. Conceived for a wide scope of readers, the volume ultimately interrogates the links between food and cultural identity, bringing to the fore the ethical, political, and aesthetic worth of culinary arts and gastronomic experiences.This accessible book will be of value to scholars, students, practitioners, and others with interests in the areas of intellectual property, food law, and food studies.Rampage: Macarthur, Yamashita, And The Battle Of Manila
By James M. Scott. 2018
“Illuminating.… An eloquent testament to a doomed city and its people.” —The Wall Street Journal In early 1945, General Douglas MacArthur prepared…
to reclaim Manila, America’s Pearl of the Orient, which had been seized by the Japanese in 1942. Convinced the Japanese would abandon the city, he planned a victory parade down Dewey Boulevard—but the enemy had other plans. The Japanese were determined to fight to the death. The battle to liberate Manila resulted in the catastrophic destruction of the city and a rampage by Japanese forces that brutalized the civilian population, resulting in a massacre as horrific as the Rape of Nanking. Drawing from war-crimes testimony, after-action reports, and survivor interviews, Rampage recounts one of the most heartbreaking chapters of Pacific War history.Elusive Victory: The Arab-israeli Wars, 1947-1974
By Trevor N. Dupuy. 1978
From the prologue, "All wars have political causes, all have political origins. However, the series of conflicts between Israelis and…
Arabs since 1948 have their roots farther back in history than most of the wars of recent times, and their causes are a complicated mixture of political, ideological, and religious differences that are not easily susceptible to negotiation and resolution."Fair Shake: Women and the Fight to Build a Just Economy
By Naomi Cahn, June Carbone, Nancy Levit. 2024
A stirring, comprehensive look at the state of women in the workforce—why women&’s progress has stalled, how our economy fosters…
unproductive competition, and how we can fix the system that holds women back.In an era of supposed great equality, women are still falling behind in the workplace. Even with more women in the workforce than in decades past, wage gaps continue to increase. It is the most educated women who have fallen the furthest behind. Blue-collar women hold the most insecure and badly paid jobs in our economy. And even as we celebrate high-profile representation—women on the board of Fortune 500 companies and our first female vice president—women have limited recourse when they experience harassment and discrimination. Fair Shake: Women and the Fight to Build a Just Economy explains that the system that governs our economy—a winner-take-all economy—is the root cause of these myriad problems. The WTA economy self-selects for aggressive, cutthroat business tactics, which creates a feedback loop that sidelines women. The authors, three legal scholars, call this feedback loop &“the triple bind&”: if women don&’t compete on the same terms as men, they lose; if women do compete on the same terms as men, they&’re punished more harshly for their sharp elbows or actual misdeeds; and when women see that they can&’t win on the same terms as men, they take themselves out of the game (if they haven&’t been pushed out already). With odds like these stacked against them, it&’s no wonder women feel like, no matter how hard they work, they can&’t get ahead. Fair Shake is not a &“fix the woman&” book; it&’s a &“fix the system&” book. It not only diagnoses the problem of what's wrong with the modern economy, but shows how, with awareness and collective action, we can build a truly just economy for all.The Damascus Events: The 1860 Massacre and the Making of the Modern Middle East
By Eugene Rogan. 2024
An award-winning scholar&’s account of an ancient city&’s descent into unprecedented communal violence—an event that would mark the end of…
the old Ottoman order and the beginning of the modern Middle East On July 9, 1860, a violent mob swept through the Christian quarters of Damascus. For eight days, violence raged, leaving five thousand Christians dead, thousands of shops looted, and churches, houses, and monasteries razed. The sudden and ferocious outbreak shocked the world, leaving Syrian Christians vulnerable and fearing renewed violence. Drawn from never-before-seen eyewitness accounts of the Damascus Events, eminent Middle East historian Eugene Rogan tells the story of how a peaceful multicultural city came to be engulfed in slaughter. He traces how rising tensions between Muslim and Christian communities led some to regard extermination as a reasonable solution. Rogan also narrates the wake of this disaster, and how the Ottoman government moved quickly to retake control of the city, end the violence, and reintegrate Christians into the community. These efforts to rebuild Damascus proved successful, preserving peace for the next 150 years until 2011. The Damascus Events offers a vivid history, one that masterfully uncovers the outbreak of violence that unmade a great city and examines the possibility, even after searing conflict and unimaginable tragedy, of repair.Global Cybersecurity and International Law (Routledge Research in Information Technology and E-Commerce Law)
By Antonio Segura Serrano. 2024
This book offers a critical analysis of cybersecurity from a legal-international point of view.Assessing the need to regulate cyberspace has…
triggered the re-emergence of new primary norms. This book evaluates the ability of existing international law to address the threat and use of force in cyberspace, redefining cyberwar and cyberpeace for the era of the Internet of Things. Covering critical issues such as the growing scourge of economic cyberespionage, international co-operation to fight cybercrime, the use of foreign policy instruments in cyber diplomacy, it also looks at state backed malicious cyberoperations, and the protection of human rights against State security activities. Offering a holistic examination of the ability of public international law, the book addresses the most pressing issues in global cybersecurity.Reflecting on the reforms necessary from international institutions, like the United Nations, the European Union, the Council of Europe, and NATO, in order to provide new answers to the critical issues in global cybersecurity and international law, this book will be of interest to academics, students and practitioners.Turkey: The Second Republic (The Contemporary Middle East)
By Birol Başkan, Burak Bilgehan Özpek. 2024
Focused on the rise of the Justice and Development Party (AKP) over the last two decades, this book discusses and…
contextualizes key events and developments in Turkish politics, economics and foreign policy.The authors begin by exploring the longer-term historical trends that shaped the country, focusing on Ottoman and Republican legacies, culminating in the formation of the modern state in Turkey. This context, it is argued, is key in understanding the AKP’s emergence since 2002 as the preeminent political power. The book further argues that the AKP achieved this position due to political maneuvers aimed at undermining military influence within politics, its management of the economy and its approach to foreign policy. These three domains are dealt with in successive chapters to help explicate how the AKP built broad societal coalitions and consolidated its power. The book concludes by analyzing contemporary developments: in the face of mounting economic and political challenges, the fate of the AKP, and of Turkey, remain uncertain.Written in an accessible style and grounded in data-driven analysis, the book will appeal to journalists, policymakers, researchers and general audiences interested in the contemporary Middle East, Turkish political economy and international relations.Litigating Judicial Selection
By null Herbert M. Kritzer. 2024
In the United States and elsewhere, the questions of who should serve as a judge and how these judges should…
be chosen are increasingly contested. In Litigating Judicial Selection, Herbert Kritzer examines these questions with a comprehensive analysis of judicial-selection litigation over time and place. With a data set of over 2,000 cases from around the world, Kritzer offers new insight into the judicial selection by way of in-depth statistical analysis and an extensive narrative description of several important case studies. This book should be read by anyone seeking insight into the way judges are selected in the twenty-first century.Massacre in the Clouds: An American Atrocity and the Erasure of History
By Kim A. Wagner. 2024
In this &“forensic, unflinching, devastating work of historical recovery&” (Sathnam Sanghera), Bud Dajo—an American atrocity bigger than Wounded Knee or…
My Lai, yet today largely forgotten—is revealed, thanks to the rediscovery of a single photograph. In March 1906, American soldiers on the island of Jolo in the southern Philippines surrounded and killed 1000 local men, women, and children, known as Moros, on top of an extinct volcano. The so-called &‘Battle of Bud Dajo&’ was hailed as a triumph over an implacable band of dangerous savages, a &“brilliant feat of arms&” according to President Theodore Roosevelt. Some contemporaries, including W.E.B. Du Bois and Mark Twain, saw the massacre for what it was, but they were the exception and the U.S. military authorities successfully managed to bury the story. Despite the fact that the slaughter of Moros had been captured on camera, the memory of the massacre soon disappeared from the historical record. In Massacre in the Clouds, Kim A. Wagner meticulously recovers the history of a forgotten atrocity and the remarkable photograph that exposed its grim logic. His vivid, unsparing account of the massacre—which claimed hundreds more lives than Wounded Knee and My Lai combined—reveals the extent to which practices of colonial warfare and violence, derived from European imperialism, were fully embraced by Americans with catastrophic results.Thinking About Medicine: An Introduction to the Philosophy of Healthcare
By David Misselbrook. 2024
This introduction to the philosophy of medicine surveys the landscape of western philosophy as it pertains to healthcare in an…
accessible way. Written by a doctor for doctors and other health professionals, framing the 'toolbox' of philosophy within the community of medicine, it encourages examination of the implicit assumptions made in the construction of medical knowledge and practice.Taking the reader step by step through the concepts that underpin modern philosophy, they will be challenged to reflect upon the premises within clinical practice which might benefit from scrutiny and challenge, including the nature of scientific knowledge, the limits of our biomedical model, the cultural and relational context, and the failure to recognise or manage adequately the fact/value distinction in medicine and healthcare.The book is an ideal textbook for students of medicine and medical philosophy and will also be of interest to bioethicists, medical sociologists, clinical commissioners and to practicing clinicians in medicine and the allied health professions seeking to improve their understanding of philosophy and ethics and sharpen their critical thinking skills.Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between…
the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.Energy Law and the Sustainable Development Goals: Host Government Instruments for Sustainability in Oil and Gas Operations (Routledge Research in Energy Law and Regulation)
By Eduardo G Pereira, Thomas L Muinzer, Patrick R Baker. 2024
The UN Sustainable Development Goals are an ambitious agenda for environmental sustainability, economic development, and social transformation. The SDGs include…
targets for governments, in partnership with private industry and communities, to improve access to affordable and reliable energy, reduce inequality, protect natural resources, and invest in transparent legal institutions and resilient infrastructure. Although transitioning energy systems towards a low-carbon future is a core aspect of the SDGs, the International Energy Agency anticipates that oil and gas will remain a significant component of the global energy mix for some time. Host Government Instruments are tools which governments use to grant oil and gas companies permission to develop state-owned resources. In addition to bringing substantial resources into governments, these HGIs often also include environmental commitments as well as commitments to local hiring, stakeholder engagement, and investment in economic development programmes. The different structures of HGIs and their precise terms and conditions are crucial determinants of the sustainability of oil and gas operations conducted thereunder. This book addresses how governments can use HGIs to advance the SDGs. Part I introduces the SDGs and the legal institutions and governance related to HGIs, including in relation to international energy development, international environmental treaties, the Paris Agreement, and human rights regimes. Part II examines specific provisions within HGIs and regulatory systems which relate to the oil and gas sector and SDGs. It provides case studies to illustrate approaches to HGIs and to identify opportunities for host governments and international oil and gas companies to advance the SDGs. The book concludes with a summary of recommendations regarding how host governments, in partnership with the oil and gas industry, can use HGIs to advance economic development and sustainability goals, and advances potential insights towards development of new and renewable resources.Piracy and the Making of the Spanish Pacific World (The Early Modern Americas)
By Kristie Flannery. 2024
Piracy and the Making of the Spanish Pacific World offers a new interpretation of Spanish colonial rule in the Philippine…
islands. Drawing on the rich archives of Spain’s Asian empire, Kristie Patricia Flannery reveals that Spanish colonial officials and Catholic missionaries forged alliances with Indigenous Filipinos and Chinese migrant settlers in the Southeast Asian archipelago to wage war against waves of pirates, including massive Chinese pirate fleets, Muslim pirates from the Sulu Zone, and even the British fleet that attacked at the height of the Seven Years’ War. Anti-piracy alliances made Spanish colonial rule resilient to both external shocks and internal revolts that shook the colony to its core.This revisionist study complicates the assumption that empire was imposed on Filipinos with brute force alone. Rather, anti-piracy also shaped the politics of belonging in the colonial Philippines. Real and imagined pirate threats especially influenced the fate and fortunes of Chinese migrants in the islands. They triggered genocidal massacres of the Chinese at some junctures, and at others facilitated Chinese integration into the Catholic nation as loyal vassals.Piracy and the Making of the Spanish Pacific World demonstrates that piracy is key to explaining the surprising longevity of Spain’s Asian empire, which, unlike Spanish colonial rule in the Americas, survived the Age of Revolutions and endured almost to the end of the nineteenth century. Moreover, it offers important new insight into piracy’s impact on the trajectory of globalization and European imperial expansion in maritime Asia.This volume presents an anthology of 19 seminal studies, some for the first time in English, that explore the history…
and tradition of the ancient relationship between Samaritans and Jews.The book is arranged into three parts: Methods, Traditions, and History; Samaritan and Jewish Pentateuchs; and Studies in Bible and Tradition, each of which is chronologically ordered. It represents a collection of the author’s previous publications on the relationship between Samaritans and Jews, expanding and supplementing the conclusions of her published books. Recent archaeological developments on Mount Gerizim have demonstrated that our paradigms for writing the ancient histories of the kingdoms and provinces of Samaria and Judah in the Iron II, Persian, and Hellenistic periods must change. These developments also affect how we evaluate and read ancient literary traditions, and several chapters offer challenging new perspectives on well-known themes, narratives, and compositions in this subject area.Samaritans and Jews in History and Tradition: Changing Perspectives 10 will be of interest to students and scholars of biblical studies, theology, comparative religion, the ancient Near East, and in particular, Samaritan and Jewish studies.A History of the Muslim World: From Its Origins to the Dawn of Modernity
By Michael A. Cook. 2024
A panoramic history of the Muslim world from the age of the Prophet Muḥammad to the birth of the modern…
eraThis book describes and explains the major events, personalities, conflicts, and convergences that have shaped the history of the Muslim world. The body of the book takes readers from the origins of Islam to the eve of the nineteenth century, and an epilogue continues the story to the present day. Michael Cook thus provides a broad history of a civilization remarkable for both its unity and diversity.After setting the scene in the Middle East of late antiquity, the book depicts the rise of Islam as one of the great black swan events of history. It continues with the spectacular rise of the Caliphate, an empire that by the time it broke up had nurtured the formation of a new civilization. It then goes on to cover the diverse histories of all the major regions of the Muslim world, providing a wide-ranging account of the key military, political, and cultural developments that accompanied the eastward and westward spread of Islam from the Middle East to the shores of the Atlantic and the Pacific.At the same time, A History of the Muslim World contains numerous primary-source quotations that expose the reader to a variety of acutely insightful voices from the Muslim past.Zhou Enlai: A Life
By Jian Chen. 2024
The definitive biography of Zhou Enlai, the first premier and preeminent diplomat of the People’s Republic of China, who protected…
his country against the excesses of his boss—Chairman Mao.Zhou Enlai spent twenty-seven years as premier of the People’s Republic of China and ten as its foreign minister. He was the architect of the country’s administrative apparatus and its relationship to the world, as well as its legendary spymaster. Richard Nixon proclaimed him “the greatest statesman of our era.” Yet Zhou has always been overshadowed by Chairman Mao. Chen Jian brings Zhou into the light, offering a nuanced portrait of his complex life as a revolutionary, a master diplomat, and a man with his own vision and aspirations who did much to make China, as well as the larger world, what it is today.Born to a declining mandarin family in 1898, Zhou received a classical education and as a teenager spent time in Japan. As a young man, driven by the desire for China’s development, Zhou embraced the communist revolution as a vehicle of China’s salvation. He helped Mao govern through a series of transformations, including the disastrous Great Leap Forward and Cultural Revolution. Yet, as Chen shows, Zhou was never a committed Maoist. His extraordinary political and bureaucratic skill, combined with his centrist approaches, enabled him to mitigate the enormous damage caused by Mao’s radicalism.When Zhou died in 1976, the PRC that we know of was not yet visible on the horizon; he never saw glistening twenty-first-century Shanghai or the broader emergence of Chinese capitalism. But it was Zhou’s work that shaped the nation whose influence and power are today felt in every corner of the globe.Beyond the Binary: Gender and Legal Personhood in Islamic Law
By Saadia Yacoob. 2024
A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit…
www.luminosoa.org to learn more. One of the most hotly debated issues in contemporary Muslim ethics is the status of women in Islamic law. Whereas Muslim conservatives argue that gender-differentiated legal rulings reflect complementary gender roles, Muslim feminists argue that Islamic law has subordinated women and is thus in need of reform. The shared assumption on both sides, however, is that gender fundamentally shapes an individual’s legal status. Beyond the Binary explores an expansive cross section of topics in ninth- to twelfth-century Hanafi legal thought, ranging from sexual crimes to consent to marriage, to show that early Muslim jurists imagined a world built not on a binary distinction between male and female but on multiple intersecting hierarchies of gender, age, enslavement, lineage, class, and other social roles. Saadia Yacoob offers a restorative reading of Islamic law, arguing that its intersectional and relational understanding of legal personhood offers a productive space for Muslim feminists to move beyond critique and instead think with and through the Islamic legal tradition.The Boy From Clearwater: Book 2
By Pei-Yun Yu. 2024
The "glorious" sequel to Freeman Award-winning The Boy from Clearwater After his imprisonment in Green Island, Kun-lin struggles to pick…
up where he left off ten years earlier. He reconnects with his childhood crush Kimiko and finds work as an editor, jumping from publisher to publisher until finally settling at an advertising company. But when manhua publishing becomes victim to censorship, and many of his friends lose their jobs, Kun-lin takes matters into his own hands. He starts a children’s magazine, Prince, for a group of unemployed artists and his old inmates who cannot find work anywhere else. Kun-lin’s life finally seems to be looking up... but how long will this last? Forty years later, Kun-lin serves as a volunteer at the White Terror Memorial Park, promoting human rights education. There, he meets Yu Pei-Yun, a young college professor who provides him with an opportunity to reminisce on his past and how he picked himself up after grappling with bankruptcy and depression. With the end of martial law, Kun-lin and other former New-Lifers felt compelled to mobilize to rehabilitate fellow White Terror victims, forcing him to face his past head-on. While navigating his changing homeland, he must conciliate all parts of himself––the victim and the savior, the patriot and the rebel, a father to the future generation and a son to the old Taiwan––before he can bury the ghosts of his past. P R A I S E ★ "Yu, Zhou, and King bear glorious witness to little-known tragic history by empathetically spotlighting an everyday superhero who survived—and thrives." –Booklist (starred) ★ "An accessible, timely account of Taiwan’s struggles for democracy and human rights as experienced through a personal lens." –Kirkus (starred) "Triumphant and rewarding." –ForewordThe United States Marine Corps played a leading role in the war against Japan from Pearl Harbor in December 1941…
until VJ Day on September 2, 1945. Living up to its motto the "First to Fight," the 1st Marine Division landed on the Japanese-occupied island of Guadalcanal in the south Pacific on August 7, 1942 and fought its way up the central Solomon Island to Cape Gloucester in the territory of New Guinea.In October 1942, the Marine Corps captured Tarawa Atoll and so began their advance across the central Pacific, fighting many famous and bloody battles such as Saipan, Tinian, Guam, Iwo Jima, and finally the 82-day epic struggle for Okinawa. These victories came at high cost, with 19,737 Marine killed and 67,207 wounded.This classic Images of War title presents a graphic overview of the Corps' legendary campaign in text and contemporary images. The author expertly describes the full range of Marine Corps weaponry and explains their organization, tactics, and fighting doctrine.