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Academic Ethics (The International Library of Essays in Public and Professional Ethics)
by Patrick KeeneyAcademic ethics are currently much in the news but there is a great deal of uncertainty, both as to what constitutes specifically academic ethics and about a number of issues that are taken to be issues of academic ethics. This collection of papers focuses on both questions, moving from consideration of the very idea of a University and what that entails, via attempts to locate the major current concerns, to particular issues relating to the University's relations with the corporate world, the professor's role, relations between student and teacher, credentialling, the demands of collegiality and plagiarism. The editors have provided both a full and reasoned introduction and a critical end-piece that attempt to bring some order to the often inchoate nature of this field, raising the further question of whether institutions should, or should not, frame formal codes of conduct. The selected papers are drawn from diverse sources and together provide one of the first comprehensive overviews of academic ethics.
Academic Freedom and the Law: A Comparative Study
by Eric BarendtAcademic Freedom and the Law: A Comparative Study provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States. Thebook outlines the various claims which may be made to academic freedom by individual university teachers and by universities and other higher education institutions, and it examines the justifications which have been put forward for these claims. Three separate chapters deal with the legal principles of academic freedom in the UK, Germany, and the USA. A further chapter is devoted to the restrictions on freedom of research which may be imposed by the regulation of clinical trials, by intellectual property laws, and by the terms of contracts made between researchers and the companies sponsoring medical and other research. The book also examines the impact of recent terrorism laws on the teaching and research freedom of academics, and it discusses their freedom to speak about general political and social topics unrelated to their work. This is the first comparative study of a subject of fundamental importance to all academics and others working in universities. It emphasises the importance of academic freedom, while pointing out that, on occasion, exaggerated claims have been made to its exercise.
Academic Freedom and the Law: A Comparative Study
by Eric BarendtAcademic Freedom and the Law: A Comparative Study provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States. Thebook outlines the various claims which may be made to academic freedom by individual university teachers and by universities and other higher education institutions, and it examines the justifications which have been put forward for these claims. Three separate chapters deal with the legal principles of academic freedom in the UK, Germany, and the USA. A further chapter is devoted to the restrictions on freedom of research which may be imposed by the regulation of clinical trials, by intellectual property laws, and by the terms of contracts made between researchers and the companies sponsoring medical and other research. The book also examines the impact of recent terrorism laws on the teaching and research freedom of academics, and it discusses their freedom to speak about general political and social topics unrelated to their work. This is the first comparative study of a subject of fundamental importance to all academics and others working in universities. It emphasises the importance of academic freedom, while pointing out that, on occasion, exaggerated claims have been made to its exercise.
Academic Freedom in the Wired World: Political Extremism, Corporate Power, and the University
by Robert O'NeilIn this passionately argued overview, a longtime activist-scholar takes readers through the changing landscape of academic freedom. From the aftermath of September 11th to the new frontier of blogging, Robert O'Neil examines the tension between institutional and individual interests. Many cases boil down to a hotly contested question: who has the right to decide what is taught in the classroom? O'Neil shows how courts increasingly restrict professorial judgment, and how the feeble protection of what is posted on the Internet and written in email makes academics more vulnerable than ever. Even more provocatively, O'Neil argues, the newest threats to academic freedom come not from government, but from the private sector. Corporations increasingly sponsor and control university-based research, while self-appointed watchdogs systematically harass individual teachers on websites and blogs. Most troubling, these threats to academic freedom are nearly immune from legal recourse. Insisting that new concepts of academic freedom, and new strategies for maintaining it are needed, O'Neil urges academics to work together--and across rigid and simplistic divisions between "left" and "right."
Academic Freedom Under Pressure?: A Comparative Perspective
by Margrit Seckelmann Lorenza Violini Cristina Fraenkel-Haeberle Giada RagoneIs academic freedom threatened? The book examines current challenges to academic freedom in Europe, focusing mainly on Italy and Germany. The cases discussed demonstrate that research and teaching are under pressure in European democracies: in Hungary and Poland due to political constraints, in other countries due to societal expectations. Considering different interrelated aspects, the four parts of the book explore many real and potential threats to universities, scientific institutions and researchers, ranging from the European dimension of freedom of the arts and sciences to comparative analysis of emerging challenges to academic freedom against the backdrop of the COVID-19 pandemic. They highlight threats to university autonomy from the economic orientation of university governance, which emphasizes efficiency, competition, and external evaluation, and from new rules concerning trigger warnings, speech restrictions, and ethics commissions. Detailed study of these complex threats is intended to stimulate scholarly reflection and elicit serious discussion at European and national level. The volume contributes to the search for a new role of universities and scientific institutions and is addressed to academics and political stakeholders.
Academic Politics and the History of Criminal Justice Education (Contributions in Criminology and Penology)
by Frank MornThe rise of academic criminal justice programs from their beginnings at the University of California in the 1930s through the split into academic and vocational models during the later decades are described in this work. Academic politics and politicians are emphasized. The academic infighting in developing programs, and input from various other disciplines to the field are described. The work is addressed to professors of criminal justice, criminology, sociology, political science, and education.
Academic Theories of Generation in the Renaissance: The Contemporaries and Successors of Jean Fernel (1497-1558) (History, Philosophy and Theory of the Life Sciences #22)
by Linda Deer Richardson Benjamin GoldbergThis volume deals with philosophically grounded theories of animal generation as found in two different traditions: one, deriving primarily from Aristotelian natural philosophy and specifically from his Generation of Animals; and another, deriving from two related medical traditions, the Hippocratic and the Galenic. The book contains a classification and critique of works that touch on the history of embryology and animal generation written before 1980. It also contains translations of key sections of the works on which it is focused. It looks at two different scholarly communities: the physicians (medici) and philosophers (philosophi), that share a set of textual resources and philosophical lineages, as well as a shared problem (explaining animal generation), but that nevertheless have different concerns and commitments. The book demonstrates how those working in these two traditions not only shared a common philosophical background in the arts curricula of the universities, but were in constant intercourse with each other. This book presents a test case of how scholarly communities differentiate themselves from each other through methods of argument, empirical investigation, and textual interpretations. It is all the more interesting because the two communities under investigation have so much in common and yet, in the end, are distinct in a number of important ways.
Accelerating Democracy: Transforming Governance Through Technology
by John O. McginnisSuccessful democracies throughout history--from ancient Athens to Britain on the cusp of the industrial age--have used the technology of their time to gather information for better governance. Our challenge is no different today, but it is more urgent because the accelerating pace of technological change creates potentially enormous dangers as well as benefits. Accelerating Democracy shows how to adapt democracy to new information technologies that can enhance political decision making and enable us to navigate the social rapids ahead. John O. McGinnis demonstrates how these new technologies combine to address a problem as old as democracy itself--how to help citizens better evaluate the consequences of their political choices. As society became more complex in the nineteenth century, social planning became a top-down enterprise delegated to experts and bureaucrats. Today, technology increasingly permits information to bubble up from below and filter through more dispersed and competitive sources. McGinnis explains how to use fast-evolving information technologies to more effectively analyze past public policy, bring unprecedented intensity of scrutiny to current policy proposals, and more accurately predict the results of future policy. But he argues that we can do so only if government keeps pace with technological change. For instance, it must revive federalism to permit different jurisdictions to test different policies so that their results can be evaluated, and it must legalize information markets to permit people to bet on what the consequences of a policy will be even before that policy is implemented. Accelerating Democracy reveals how we can achieve a democracy that is informed by expertise and social-scientific knowledge while shedding the arrogance and insularity of a technocracy.
Accelerating Democracy: Transforming Governance Through Technology (PDF)
by John O. McginnisSuccessful democracies throughout history--from ancient Athens to Britain on the cusp of the industrial age--have used the technology of their time to gather information for better governance. Our challenge is no different today, but it is more urgent because the accelerating pace of technological change creates potentially enormous dangers as well as benefits. Accelerating Democracy shows how to adapt democracy to new information technologies that can enhance political decision making and enable us to navigate the social rapids ahead. John O. McGinnis demonstrates how these new technologies combine to address a problem as old as democracy itself--how to help citizens better evaluate the consequences of their political choices. As society became more complex in the nineteenth century, social planning became a top-down enterprise delegated to experts and bureaucrats. Today, technology increasingly permits information to bubble up from below and filter through more dispersed and competitive sources. McGinnis explains how to use fast-evolving information technologies to more effectively analyze past public policy, bring unprecedented intensity of scrutiny to current policy proposals, and more accurately predict the results of future policy. But he argues that we can do so only if government keeps pace with technological change. For instance, it must revive federalism to permit different jurisdictions to test different policies so that their results can be evaluated, and it must legalize information markets to permit people to bet on what the consequences of a policy will be even before that policy is implemented. Accelerating Democracy reveals how we can achieve a democracy that is informed by expertise and social-scientific knowledge while shedding the arrogance and insularity of a technocracy.
Accelerating E-Mobility in Germany: A Case for Regulation (SpringerBriefs in Law)
by Markus AdamThis book tackles the problem of the insufficient and expensive charging infrastructure in Germany. It assesses the lack of charging infrastructure for electric vehicles with regard to regulatory and competition law, as well as economic aspects. The legal solutions proposed here could ultimately serve to offer e-motorists around the country highly efficient and competitively priced charging options.
Accelerating Sustainability Using the 80/20 Rule
by Gareth KaneAre your sustainability efforts making as much impact as they could be?With our collective way of life rubbing up against the natural limits of the planet, it does not take a genius to see that it is time to scrape the mud off our boots and find a shorter, smarter path towards sustainability – a way to maximize our effectiveness and inspire leaps forward in sustainability, rather than incremental steps. The 80/20 rule says that, in many situations, a small number of inputs determine the vast majority of our desired results. If we identify these “vital few” inputs in our sustainability efforts, and focus on them, we can maximize our effectiveness and accelerate progress rapidly. This book will help you to think about sustainability from an 80/20 perspective with practical applications for: product and service development; supply chains; materiality, indicators and quantitative analysis; waste, energy efficiency, water conservation and transport; employee engagement and sustainability strategy. If you want to focus on what works, deliver better results, waste less time on “switch it off” stickers and ineffective “standard practice” and start making a real difference, then this book is for you!
Accelerating Sustainability Using the 80/20 Rule
by Gareth KaneAre your sustainability efforts making as much impact as they could be?With our collective way of life rubbing up against the natural limits of the planet, it does not take a genius to see that it is time to scrape the mud off our boots and find a shorter, smarter path towards sustainability – a way to maximize our effectiveness and inspire leaps forward in sustainability, rather than incremental steps. The 80/20 rule says that, in many situations, a small number of inputs determine the vast majority of our desired results. If we identify these “vital few” inputs in our sustainability efforts, and focus on them, we can maximize our effectiveness and accelerate progress rapidly. This book will help you to think about sustainability from an 80/20 perspective with practical applications for: product and service development; supply chains; materiality, indicators and quantitative analysis; waste, energy efficiency, water conservation and transport; employee engagement and sustainability strategy. If you want to focus on what works, deliver better results, waste less time on “switch it off” stickers and ineffective “standard practice” and start making a real difference, then this book is for you!
Acceptable Risk in Biomedical Research: European Perspectives (International Library of Ethics, Law, and the New Medicine #50)
by Sigmund SimonsenThis book is the first major work that addresses a core question in biomedical research: the question of acceptable risk. The acceptable level of risks is regulated by the requirement of proportionality in biomedical research law, which state that the risk and burden to the participant must be in proportion to potential benefits to the participant, society or science. This investigation addresses research on healthy volunteers, children, vulnerable subjects, and includes placebo controlled clinical trials. It represents a major contribution towards clarifying the most central, but also the most controversial and complex issue in biomedical research law and bioethics. The EU Clinical Trial Directive, the Council of Europe’s Oviedo Convention (and its Additional Protocol), and national regulation in member states are covered. It is a relevant work for lawyers and ethicists, and the practical approach makes a valuable tool for researchers and members of research ethics committees supervising biomedical research.
Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge
by Charles Lawson, Michelle Rourke and Fran HumphriesAddressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.
Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge
by Charles Lawson Michelle Rourke Fran HumphriesAddressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.
Access and Cartel Cases: Ensuring Effective Competition Law Enforcement (Hart Studies in Competition Law)
by Helene AnderssonThis book examines the legislative patchwork surrounding access to the European Commission's cartel case files. Recent legislative changes have increased the value of the files and have also highlighted the inherent tension between a number of competing interests affecting their accessibility. The Commission is undoubtedly caught between a rock and a hard place, charged with the task to ensure due process, transparency and effectiveness while at the same time promoting both public and private enforcement of the EU competition rules. The author considers how best to ensure a proper balance between the legitimate, but often diverging interests of parties, third parties and national competition authorities in these cases. The book provides a unique and comprehensive presentation of the EU legislation and case law surrounding access to the Commission's cartel case files. The author examines the question of accessibility from three different perspectives: that of the parties under investigation, cartel victims, and national competition authorities. The author also considers the EU leniency system and whether any legislative changes could make the attractiveness of the system less dependent on the possibilities of cartel victims to access the evidence contained in the Commission's case files.
Access and Cartel Cases: Ensuring Effective Competition Law Enforcement (Hart Studies in Competition Law)
by Helene AnderssonThis book examines the legislative patchwork surrounding access to the European Commission's cartel case files. Recent legislative changes have increased the value of the files and have also highlighted the inherent tension between a number of competing interests affecting their accessibility. The Commission is undoubtedly caught between a rock and a hard place, charged with the task to ensure due process, transparency and effectiveness while at the same time promoting both public and private enforcement of the EU competition rules. The author considers how best to ensure a proper balance between the legitimate, but often diverging interests of parties, third parties and national competition authorities in these cases. The book provides a unique and comprehensive presentation of the EU legislation and case law surrounding access to the Commission's cartel case files. The author examines the question of accessibility from three different perspectives: that of the parties under investigation, cartel victims, and national competition authorities. The author also considers the EU leniency system and whether any legislative changes could make the attractiveness of the system less dependent on the possibilities of cartel victims to access the evidence contained in the Commission's case files.
Access and Other Rights over Rural Land (Land and Estate Management)
by Natalie GeenThis short book introduces the main rights private citizens or companies may have or acquire over farms and estates, including utility-company wayleaves and easements, private easements, public rights of way, compulsory purchase, restrictive covenants and common rights. The book will equip the reader with a fundamental knowledge and understanding of these rights, their frameworks and issues that can arise when rights are exercised or disputed. It shows that the free movement of land can be restricted by the rights a third party may hold over the land. An understanding of these topics is vital to students and trainees of land management and agriculture. The book is also a handy reference text for farmers, land managers and estate owners who may encounter a range of rights affecting land they manage, and wish to get the best support from their adviisers. It is a valuable primer for other professionals working with farm and land managers, such as accountants and agronomists, to understand the impacts rights over land can have on their clients
The Access Audit Handbook: An inclusive approach to auditing buildings
by (CAE) Centre for Accessible EnvironmentsOur buildings and environments should be inclusive to all, but how can we assess this? The Access Audit Handbook is an indispensable tool for auditing the accessibility of buildings and services. This book offers straightforward advice about undertaking access audits and explains how they make buildings, environments and services more inclusive. Following the audit, the book explains how each of the various report formats works best to communicate recommendations in the content of current legislation, funding requirements and best practice in building management. Well established as the best resource for conducting access audits, the third edition of The Access Audit Handbook is fully up to date with the latest legal and technical standards as well as developments in equipment and building maintenance. Featuring advice on: Commissioning an access audit Audit methodology Making recommendations Report writing The practical guidance is supported by case studies, worked examples and checklists.
The Access Audit Handbook: An inclusive approach to auditing buildings
by (CAE) Centre for Accessible EnvironmentsOur buildings and environments should be inclusive to all, but how can we assess this? The Access Audit Handbook is an indispensable tool for auditing the accessibility of buildings and services. This book offers straightforward advice about undertaking access audits and explains how they make buildings, environments and services more inclusive. Following the audit, the book explains how each of the various report formats works best to communicate recommendations in the content of current legislation, funding requirements and best practice in building management. Well established as the best resource for conducting access audits, the third edition of The Access Audit Handbook is fully up to date with the latest legal and technical standards as well as developments in equipment and building maintenance. Featuring advice on: Commissioning an access audit Audit methodology Making recommendations Report writing The practical guidance is supported by case studies, worked examples and checklists.
The Access of Individuals to International Justice (Collected Courses of the Academy of European Law)
by Antônio Augusto Cançado TrindadeThis book contends that the right of access to justice (at national and international levels) constitutes a basic cornerstone of the international protection of human rights, and conforms a true right to the Law. It amounts, lato sensu, to the right to the realization of justice. In such understanding, it comprises not only the formal access to a tribunal or judge, but also respect for the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution of judgments. On its part, the right to an effective domestic remedy is a basic pillar of the rule of law in a democratic society. In its part, the right of international individual petition, together with the safeguard of the integrity of international jurisdiction, constitute the basic foundations of the emancipation of the individual vis-à-vis his own State. This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens. Furthermore, the very notion of "victim" (encompassing direct, indirect and potential victims) has been the subject of a considerable international case-law. Victims have had their cause vindicated in situations of utmost adversity, if not defencelessness (e.g., abandoned or "street children", undocumented migrants, members of peace communities in situations of armed conflict, internally displaced persons, individuals in infra-human conditions of detention, surviving victims of massacres).
Access-Right: The Future of Digital Copyright Law
by Zohar EfroniCopyright law has become the subject of general concerns that reach beyond the limited circles of specialists and prototypical rights-holders. The role, scope and effect of copyright mechanisms involve genuinely complex questions. Digitization trends and the legal changes that followed drew those complex matters to the center of an ongoing public debate. In Access-Right: The Future of Digital Copyright Law, Zohar Efroni explores theoretical, normative and practical aspects of premising copyright on the principle of access to works. The impetus to this approach has been the emergence of technology that many consider a threat to the intended operation, and perhaps even to the very integrity, of copyright protection in the digital setting: It is the ability to control digital works already at the stage of accessing them by means of technological protection measures. The pervasive shift toward the use of digital technology for the creation, dissemination, exploitation and consumption of copyrighted material warrants a shift also in the way we perceive the structure of copyright rules. Premising the copyright order on the concept of digital access first calls for explaining the basic components of proprietary access control over information in the abstract. The book then surveys recent developments in the positive law, while showing how the theoretical access-right construct could explain the logic behind them. Finally, the book critically analyzes existing approaches to curbing the resulting problems of imbalance and overprotection, which are said to disadvantage users. In conclusion, the book advocates for a structural overhaul of our current regulative apparatus. The proposed reform involves a series of changes in the way we define copyright entitlements, and in the way in which those entitlements may interrelate within a single, coherent scheme.
Access to Affordable Medicines: Developing Responses under the TRIPS Agreement and EC Law (Europainstitut Wirtschaftsuniversität Wien Schriftenreihe Europainstitut Wirtschaftsuniversität Wien Publication Series #25)
by Katharina GamharterTo ensure access to affordable medicines, particularly in developing countries, is one of the great challenges faced by the international community. At the 2001 Doha Ministerial Conference, the groundbreaking "Declaration on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and Public Health” was adopted. In its aftermath, new legal instruments were developed both at WTO and EC level. While the focus at the WTO lay on how countries with insufficient or no manufacturing capacity for pharmaceuticals could make effective use of compulsory licensing, the EC adopted a regulation to promote differential pricing for needed medicines. The authoress focuses on these responses developed under the TRIPS Agreement and in the EC. The book provides a comprehensive analysis of the new legal instruments and highlights contrasts and interlinkages between the pursued strategies.
Access to Justice: Beyond the Policies and Politics of Austerity
by Ellie Palmer Tom Cornford Audrey Guinchard Yseult MariqueBuilding on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.
Access To Justice: Beyond The Policies And Politics Of Austerity
by Ellie Palmer Tom Cornford Yseult Marique Audrey GuinchardBuilding on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.