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Combines original empirical data with theoretical and normative analysis of access to justice in the Court of Protection.
Questions as to the mental capacity of an individual to consent to sex are an increasingly important aspect of legal scholarship and professional practice for those working in care. Recent case law has added new layers of complexity, requiring that a person must be able to understand that the other person needs to consent and can withdraw that consent. While this has been welcomed for asserting the importance of the interpersonal dynamics of sex, it has significant implications for practice and for the day-to-day lives of people with cognitive impairments. This collection brings together academics, practitioners and organizations to consider the challenges posed by the current legal framework, and future directions for law, policy and practice.
Health and healthcare are vitally important to all of us, and academic interest in the law regulating health has, over the last 50 years, become an important field of academic study. An analysis of the development of, changes in, and scope of health law and ethics to date, is both timely and of interest to students and scholars alike, along with an exploration of its likely future development. This work brings together contributions from leading and emerging scholars in the field. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that health law and ethics has developed. The chapters are both autobiographical, reflecting up...
This best-selling undergraduate textbook from leading academics Kirsty Horsey & Erika Rackley gives a comprehensive grounding in tort law and carefully chosen learning features help students to become engaged and critical thinkers. This lively and though-provoking account allows students to understand rather than simply learn the law. The problem questions in each chapter help students to understand how the law works in its practical context and to begin to consider potential issues and debates. Carefully chosen features such as 'counterpoint' and 'pause for reflection' boxes enable students to think more deeply and critically about the law. Online resources The text is accompanied by extensive online resources, which include: - Downloadable annotated judgments, statutes, and problem questions - Outline answers to questions in the book - Annotated web links to external web resources and videos - Flashcard glossary of legal terms used in the book - Additional content on elements of a claim in the tort of negligence and on product liability - Test bank of 200 questions and answers for lecturers' use in assessing students
Jamie Donnelly is a high school junior who leads a carefree, idyllic life in suburban Southern New Jersey. He has skipped through life relying on his quick wit, good looks and natural intelligence. His life changes suddenly when he suffers a cerebral aneurysm and then becomes the first person in the world to have revolutionary technology surgically implanted. Jamie faces his ultimate challenge when he is forced to take on a powerful group of people, including a presidential candidate, who see the technology as a way to dominate US politics and business. A diverse group of friends bring their individual talents to help Jamie, as he is running for his life trying to solve the mystery of who is behind the conspiracy. His ordeal forces him to grow from an immature teen to a resourceful, responsible man who not only learns more about himself, but gains a deeper appreciation of the people around him.
Explores how society's privileging of autonomy and of civil and political freedoms, fails to uphold the human rights of those with cognitive disability.
How Tobin Siebers' foundational work in disability studies resonates in the field today
Presenting diverse understandings of the origins and development of social welfare law, this globally informed Research Handbook embraces the inherent contradictions and complexities within the field. It emphasises the importance of ethical research and inclusivity and recognises the value of historical and contemporary methodologies.
This book offers new perspectives on two key themes: the criminal law of sexual consent and the temporalities of law. It uses detailed feminist analysis to investigate how the kinds of time produced by statutes and court decisions are vital to constructing the gendered, liberal, legal subject. By shedding light upon a contested and multi-faceted legal issue, it demonstrates that more expansive temporalities are the precondition for a richer, relational understanding of consent.This book's fresh approach to sexual consent is developed using the law of England and Wales but is relevant to all jurisdictions where consent is an element of sexual offences law. Its distinctive approach to legal temporalities has the potential to be applied to other areas of law, providing insight into both current law and possibilities for reform.
This book explores the series of issues that emerge at the intersection of disability, care and family law. Disability studies is an area of increasing academic interest. In addition to a subject in its own right, there has been growing concern to ensure that mainstream subjects diversify and include marginalised voices, including those of disabled people. Family law in modern times is often based on an "able-bodied autonomous norm" but can fit less well with the complexities of living with disability. In response, this book addresses a range of important and highly topical issues: whether care proceedings are used too often in cases where parents have disabilities; how the law should respon...