Download or read book Caring for Justice written by Robin West and published by NYU Press. This book was released on 1999-03 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, mainstream feminist theory has repeatedly and urgently cautioned against arguments which assert the existence of fundamental—or essential—differences between men and women. Any biological or natural differences between the sexes are often flatly denied, on the grounds that such an acknowledgment will impede women's claims to equal treatment. In Caring for Justice, Robin West turns her sensitive, measured eye to the consequences of this widespread refusal to consider how women's lived experiences and perspectives may differ from those of men. Her work calls attention to two critical areas in which an inadequate recognition of women's distinctive experiences has failed jurisprudence. We are in desperate need, she contends, both of a theory of justice which incorporates women's distinctive moral voice on the meaning of justice into our discourse, and of a theory of harm which better acknowledges, compensates, and seeks to prevent the various harms which women, disproportionately and distinctively, suffer. Providing a fresh feminist perspective on traditional jurisprudence, West examines such issues as the nature of justice, the concept of harm, economic theories of value, and the utility of constitutional discourse. She illuminates the adverse repercussions of the anti-essentialist position for jurisprudence, and offers strategies for correcting them. Far from espousing a return to essentialism, West argues an anti- anti-essentialism, which greatly refines our understanding of the similarities and differences between women and men.
Download or read book A Caring Jurisprudence written by Susan M. Behuniak and published by Rowman & Littlefield Publishers. This book was released on 1999-08-31 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: In deciding the abortion and physician assisted suicide cases, a majority of the Justices of the United States Supreme Court drew on medical knowledge to inform their opinions while dismissing the distinctively different knowledge offered by patients. Following the legal norms derived from the ethic of justice, the CourtOs deference toward the Ouniversal,O Oimpartial,O and OreasonedO knowledge of the medical profession and its disregard of the Oparticular,O Oinvolved,O and OemotionalO knowledge of patients seemed inevitable as well as justified. But was it? This book argues that it is both possible and proper to develop a jurisprudence capable of incorporating the knowledge of patients. Drawing on feminist scholarship, this book proposes a model for a Ocaring jurisprudenceO that integrates the ethic of justice and the ethic of care to ensure that patientsO knowledge is included in judicial decision making.
Download or read book Caring for Families in Court written by Barbara A. Babb and published by Routledge. This book was released on 2019-01-15 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines — a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family’s story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court’s problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court’s effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.
Download or read book Caring for Justice written by Robin West and published by NYU Press. This book was released on 1999-03 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, mainstream feminist theory has repeatedly and urgently cautioned against arguments which assert the existence of fundamental—or essential—differences between men and women. Any biological or natural differences between the sexes are often flatly denied, on the grounds that such an acknowledgment will impede women's claims to equal treatment. In Caring for Justice, Robin West turns her sensitive, measured eye to the consequences of this widespread refusal to consider how women's lived experiences and perspectives may differ from those of men. Her work calls attention to two critical areas in which an inadequate recognition of women's distinctive experiences has failed jurisprudence. We are in desperate need, she contends, both of a theory of justice which incorporates women's distinctive moral voice on the meaning of justice into our discourse, and of a theory of harm which better acknowledges, compensates, and seeks to prevent the various harms which women, disproportionately and distinctively, suffer. Providing a fresh feminist perspective on traditional jurisprudence, West examines such issues as the nature of justice, the concept of harm, economic theories of value, and the utility of constitutional discourse. She illuminates the adverse repercussions of the anti-essentialist position for jurisprudence, and offers strategies for correcting them. Far from espousing a return to essentialism, West argues an anti- anti-essentialism, which greatly refines our understanding of the similarities and differences between women and men.
Download or read book Health Care Management and the Law written by Hammaker and published by Jones & Bartlett Learning. This book was released on 2017-03-02 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health Care Management and the Law-2nd Edition is a comprehensive practical health law text relevant to students seeking the basic management skills required to work in health care organizations, as well as students currently working in health care organizations. This text is also relevant to those general health care consumers who are simply attempting to navigate the complex American health care system. Every attempt is made within the text to support health law and management theory with practical applications to current issues.
Download or read book A Jurisprudence of the Body written by Chris Dietz and published by Springer Nature. This book was released on 2020-08-05 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a range of theoretical perspectives to consider fundamental questions of health law and the place of the body within it. Health, and more recently health law, has long been animated by discussions of particular bodies - whether they are disordered, diseased, or disabled - but each of these classificatory regimes claim some knowledge about the body. This edited collection aims to uncover and challenge the fundamental assumptions that underpin medico-legal knowledge claims about such bodies. This exploration is achieved through a mix of perspectives, but many contributors look towards embodiment as a perspective that understands bodies to be shaped by their institutional contexts. Much of this work alerts us to the idea that medical practitioners not only respond to healthcare issues, but also create them through their own understandings of ‘normality’ and ‘fixing’. Bodies, as a result, cannot be understood outside of, or as separate to, their medical and legal contexts. This compelling book pushes the possibility of new directions in health care and health justice. Chapter 5 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Download or read book Problems in Health Care Law written by Robert Desle Miller and published by Jones & Bartlett Learning. This book was released on 2004 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Duty of Care of International Organizations Towards Their Civilian Personnel written by Andrea de Guttry and published by Springer. This book was released on 2018-08-17 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the first comprehensive publication on the duty of care of internationalorganizations towards their civilian personnel sent on missions and assignments outsideof their normal place of activity. While the work of the civilian personnel of internationalorganizations often carries an inherent risk, the regulations, policies and practices of theemployer can help to address and mitigate that risk. In this book, the specific content and scope of the duty of care under international law is clarifiedby conducting an unprecedented investigation into relevant jurisprudence and legal sources.Included is a critical assessment of the policies of selected international organizations while aset of guiding principles on the duty of care of international organizations is also presented. This publication fills a gap in the existing academic literature on the topic and is aimedparticularly at academics and practitioners interested in the legal implications of the deploymentof civilian personnel abroad by international organizations. This includes scholarsand university-level students specializing in international law, international human rightslaw, the law of international organizations, labour law, EU law, international administrativelaw and the UN system, and practitioners, such as lawyers and consultants, representing oradvising international organizations or their personnel on the legal aspects of deployment. The book is also aimed at the senior management of international organizations and at theirofficers in charge of recruitment, human resources, training and security, in that it clarifiestheir legal obligations and provides concrete examples of the policies various internationalorganizations have in place for the protection of civilian personnel. Current and prospectivecivilian personnel of international organizations should also find the book useful forclarifying their rights and duties. Andrea de Guttry is Full Professor at the Dirpolis Institute of the Sant’Anna School ofAdvanced Studies in Pisa, Micaela Frulli is Associate Professor at the Dipartimento di ScienzeGiuridiche (DSG), University of Florence, Edoardo Greppi is Full Professor at the Dipartimentodi Giurisprudenza, University of Turin, and Chiara Macchi is Research Fellow at theDirpolis Institute of the Sant’Anna School of Advanced Studies in Pisa.
Download or read book Health Care and the Law written by Meg Wallace and published by Lawbook Company. This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Second edition of a textbook outlining and illustrating the basic principles of the law relating to health care. It explains how the legal system works and discusses specific legislation and case law relating to health care issues. Commencing with an introduction to the concepts and structure of law, the guide proceeds to examine those aspects of the law which particularly impinge on health care provision with pertinent cases highlighted for quick, clear reference. Contains an appendix of abbreviations used in law citations, and an index.
Download or read book Law and the American health care system written by Rand E. Rosenblatt and published by Foundation Press. This book was released on 2001 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title updates the original health care law casebook with new material on managed care, ERISA, and other judicial and legislative developments in the field. The complete set covers all major aspects of law and the American health care system.
Download or read book Dynamics of Law in Nursing and Health Care written by Mary Dolores Hemelt and published by Reston. This book was released on 1982 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Problems in Health Care Law written by Robert Miller and published by Jones & Bartlett Learning. This book was released on 2006 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic text has been extensively updated and restructured to use the "problems" approach which analyzes underlying, conflicting public policies and the legal solutions for those problems. It continues to be the helpful one-volume overview of healthcare law that it and its predecessor, Problems in Hospital Law, have been since 1968. Topics covered include: organizational, physical, and staffing resources; relationships with patients including both medical decision-making issues and the handling of medical information; financing of health care services; and liability issues.
Download or read book The Oxford Handbook of U S Health Law written by I. Glenn Cohen and published by Oxford University Press. This book was released on 2017 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, how it compares to the experience ofother countries, and the legal framework for the patient experience. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law.
Download or read book Antonin Scalia s Jurisprudence written by Ralph A. Rossum and published by University Press of Kansas. This book was released on 2016-12-12 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the new afterword Ralph Rossum covers Antonin Scalia’s entire career and discusses the thirty-eight major opinions since the original 2006 publication, including District of Columbia v. Heller, his dissent in the Obamacare cases of NFIB v. Sebelius and King v. Burwell, his important recess appointments case of NLRB v. Noel Canning, his procedural decisions on the Fourth Amendment and the Confrontation Clause, his equal protection (racial preference) opinions, and Hein v. Freedom from Religion Foundation. Lionized by the right and demonized by the left, Supreme Court Justice Antonin Scalia is the high court's quintessential conservative. Witty, outspoken, often abrasive, he is widely regarded as the most controversial member of the Court. This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire twenty-year Supreme Court tenure. Ralph Rossum focuses on Scalia's more than 600 Supreme Court opinions and dissents-carefully wrought, passionately argued, and filled with well-turned phrases-which portray him as an eloquent defender of an "original meaning" jurisprudence. He also includes analyses of Scalia's Court of Appeals opinions for the D.C. circuit, his major law review articles as a law professor and judge, and his provocative book, A Matter of Interpretation. Rossum reveals Scalia's understanding of key issues confronting today's Court, such as the separation of powers, federalism, the free speech and press and religion clauses of the First Amendment, and the due process and equal protection clauses of the Fourteenth Amendment. He suggests that Scalia displays such a keen interest in defending federalism that he sometimes departs from text and tradition, and reveals that he has disagreed with other justices most often in decisions involving the meaning of the First Amendment's establishment clause. He also analyzes Scalia's positions on the commerce clause and habeas corpus clause of Article I, the take care clause of Article II, the criminal procedural provisions of Amendments Four through Eight, protection of state sovereign immunity in the Eleventh Amendment, and Congress's enforcement power under Section 5 of the Fourteenth Amendment. The first book to fully articulate the contours of Scalia's constitutional philosophy and jurisprudence, Rossum's insightful study ultimately depicts Scalia as a principled, consistent, and intelligent textualist who is fearless and resolute, notwithstanding the controversy he often inspires.
Download or read book UBuntu and the Law written by Nyoko Muvangua and published by Fordham Univ Press. This book was released on 2012 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the uBuntu jurisprudence of South Africa, as well as the most cutting-edge critical essays about South African jurisprudence on uBuntu. Can indigenous values be rendered compatible with a modern legal system? This book raises some of the most pressing questions in cultural, political, and legal theory.
Download or read book The Library s Legal Answer Book written by Mary Minow and published by American Library Association. This book was released on 2003-01-23 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: With coverage of all the issues of the day—filters, fair use, copyright, Web publishing and Internet use, software sharing, ADA compliance, free speech, privacy, access, and employment and liability issues—you will have a "librarian's J.D." in short order!
Download or read book Health Care Law and Policy Readings Notes and Questions written by Clark C. Havighurst and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
