Free to wear whatever they want? The Muslim veil and school symbolism in the law and politics of the USA

2013 ◽  
Vol 3 (3) ◽  
pp. 227
Author(s):  
Herman Tutehau Salton
Keyword(s):  
Law And Politics ◽  
The Usa ◽  
The Law

scholarly journals Selling international law enforcement: Elite justifications and public values

2020 ◽  
Vol 7 (3) ◽  
pp. 205316802095678
Author(s):  
Melissa M. Lee ◽  
Lauren Prather
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Public Support ◽  
International Order ◽  
Third Party ◽  
Public Values ◽  
Norm Enforcement ◽  
The Usa ◽  
The Law ◽  
Order Increase

International law enforcement is an understudied but indispensable factor for maintaining the international order. We study the effectiveness of elite justifications in building coalitions supporting the enforcement of violations of the law against territorial seizures. Using survey experiments fielded in the USA and Australia, we find that the effectiveness of two common justifications for enforcement—the illegality of a country’s actions, and the consequences of those actions for international order—increase support for enforcement and do so independently of two key public values: ideology and interpersonal norm enforcement. These results imply elites can build a broad coalition of support by using multiple justifications. Our results, however, highlight the tepidness of public support, suggesting limits to elite rhetoric. This study contributes to the scholarship on international law by showing how the public, typically considered a mechanism for generating compliance within states, can impede or facilitate third-party enforcement of the law between states.

An Ethicolegal Analysis of Involuntary Treatment for Opioid Use Disorders

2020 ◽  
Vol 48 (4) ◽  
pp. 735-740
Author(s):  
Farhad R. Udwadia ◽  
Judy Illes
Keyword(s):  
Police Officers ◽  
Standard Of Care ◽  
Opioid Use ◽  
Ethical Concerns ◽  
Prescription Drug Monitoring Programs ◽  
The Usa ◽  
The Law ◽  
Court Mandated ◽  
Ethical Critique

Supply-side interventions such as prescription drug monitoring programs, “pill mill” laws, and dispensing limits have done little to quell the burgeoning opioid crisis. An increasingly popular demand-side alternative to these measures – now adopted by 38 jurisdictions in the USA and 7 provinces in Canada — is court-mandated involuntary commitment and treatment. In Massachusetts, for example, Part I, Chapter 123, Section 35 of the state's General Laws allows physicians, spouses, relatives, and police officers to petition a court to involuntarily commit and treat a person whose alcohol or drug abuse poses a likelihood of serious harm. This paper explores the ethical underpinnings of this law as a case study for others. First, we highlight the procedural and substantive standards of Section 35 and evaluate the application of the law in practice, including the frequency with which it has been invoked and outcomes. We then use this background to inform an ethical critique of the law. Specifically, we argue that the infringement of autonomy and privacy associated with involuntary intervention under Section 35 is not currently justified on the grounds of a lack of evidenced benefits and a risk of significant of harm. Further ethical concerns also arise from a lack of standard of care provided under the Section 35 pathway. Based on this analysis, we advance four recommendations for change to mitigate these ethical shortcomings.

Product Liability

2020 ◽  
Author(s):  
Fairgrieve Duncan ◽  
Richard Goldberg
Keyword(s):  
Strict Liability ◽  
Product Liability ◽  
Case Law ◽  
The European Union ◽  
Financial Loss ◽  
Liability Law ◽  
The Usa ◽  
The Law ◽  
The Uk ◽  
The Impact

Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.

scholarly journals What’s the lender liability risk for soil pollution in the People’s Republic of China? An evaluation of China’s new Soil Pollution and Control Law in the light of the USA and UK regimes

2019 ◽  
Vol 21 (3) ◽  
pp. 173-188
Author(s):  
Lloyd Andrew Brown
Keyword(s):  
Soil Pollution ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Usa ◽  
The Law ◽  
Lender Liability ◽  
Management Advice ◽  
And Control ◽  
People's Congress

On 1 January 2019, following a presidential order confirming its adoption by the Fifth Session of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China (PRC), the Law of the People’s Republic of China on Soil Pollution and Control 2019 (SPC) was introduced into law. Succinctly, the SPC was enacted to deal with the vast amount of soil pollution that currently exists in China. This article’s central thesis is that, following a comparative analysis of the regulatory regimes in the USA and UK, the law creates environment-related risks for lenders. In particular, the article is concerned with the risk of lender liability, that is, where the lender itself is made directly liable for the costs of soil pollution remediation. In light of the USA and UK regimes, risk management advice is provided for obviating any prospective lender liability that may be forthcoming from the SPC. As with the regulations in other countries, it appears that the degree of ‘control’ that lenders exercise over their clients must be limited to mitigate the possible transference of any direct liability under the PRC’s principles of property rights law.

Sign in / Sign up

Export Citation Format

Share Document