The competition for limited health care resources is intensifying. We urgently need an acceptable method for deciding how they should be allocated. But the goods that health care produces are of very different kinds. Health care can extend the lives of children and of older people. It can make it possible for a person to walk, when without health care that person would be permanently bedridden; and it can reduce the pain and distress of people who are terminally ill. How can we possibly decide which of these - and many more - diverse achievements of health care are more deserving than others? We need a common unit by which we might be able to measure these very different goods. The Quality-Adjusted Life Year, or QALY, is the most developed proposal for such a unit of measure. In this book a distinguished team of ethicists and economists defend the core of the QALY proposal: that health care resources should be used so as to produce more years of life, of the highest possible quality. This leads to a discussion of such fundamental questions as whether all lives are of equal value, whether health care should be allocated on the basis of need and whether the QALY approach incorporates an adequate account of fairness or justice. The result is the most thorough account yet of the ethical issues raised by the use of the QALY as a basis for allocating health care resources.

4. Services and facilities for intellectually disadvantaged people

This book is both a powerful personal memoir and the definitive history of an organization that helped change American society. Jack Greenberg was a key figure at the NAACP Legal Defense and Educational Fund (LDF) for some thirty-five years. Most of the cases we associate from that period--school integration, equal employment, fair housing, voter registration--were LDF cases, either argued by Greenberg himself or litigated under his direction. Greenberg represented Martin Luther King, Jr., in Birmingham and won for him the right to march from Selma to Montgomery. Under Greenberg's leadership, the LDF forced the University of Mississippi to admit James Meredith and integrated the University of Alabama when George Wallace stood in the schoolhouse door. Greenberg won the cases in which the Supreme Court repudiated the "all deliberate speed" doctrine, which had made school desegregation intolerably slow. Through the 1970s and 1980s, LDF tackled most of the important cases that enforced the new civil rights legislation of the 1960s involving public accommodations, employment, education, and health care, and started the campaigns for prisoners' rights and against capital punishment. More than a history of the litigation that made the LDF so important, the book offers unique insights into its strategies, courtroom techniques, values, and personal relationships. Filled with stories only Greenberg could tell of his experiences with Thurgood Marshall, Martin Luther King, Jr., Marian Wright Edelman, Lani Guinier, Roy Wilkins, Vernon Jordan, Charlayne Hunter-Gault, Lyndon Johnson, and scores of others, Crusaders in the Courts is an epic saga of a critical period in American history as well as the poignant personal story of the evolution of a white Jewish lawyer into a major civil rights advocate.

Focus in the media on the risks posed to ordinary people has become increasingly strong in recent years - particularly on those risks popularly perceived to be posed by the mentally ill. But how justified is this concern? How do we best manage so-called dangerous people? In Will They Do It Again? Herschel Prins considers the issue of public protection within a broad context of risk in society generally, examining the concerns arising in contemporary society from dealing with uncertainty. It is argued that public fear over the danger posed by the mentally ill is at odds with the evidence, and that much of the concern is focused on a small number of high-profile cases. Prins goes on to examine such cases where management of the mentally ill has failed and sets out suggestions for improvements in practice. Will They Do It Again? cuts through popular misunderstanding and media hype over risk to give a clear, unbiased picture of the real risks to society from the mentally ill and how best they can be contained and managed, and will prove invaluable to a range of practitioners involved in the fields of criminal justice and psychiatry.

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights , Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

"Over the years of the developing judicial review of ministerial and governmental decisions, Louis Blom-Cooper was a leading advocate who grew up with the advent of a distinctive brand of public law. His range of public activities, both inside and out of the courtroom, saw him dubbed by his colleagues as a polymath practitioner. They included chairmanship of plural public inquiries in child abuse and mental health, media contributions and innovation in penal reform. This book is a collection of his essays, prefaced by a self-examination of his unorthodox philosophy towards the law in action. It covers a variety of socio-legal topics that express his ambition to inform the public on the workings of the legal system. This involves a discussion of the history of Britain's unwritten and, in the author's view, insufficiently interpreted constitution. It reflects a commitment to the European Convention on Human Rights and portrays its international origins. It also opines on crime and punishment in the functioning of the courts and elsewhere, and the political shift from the penal optimism of the 1970s to the reactionary punitiveness of the post-1990s. The essays conclude with a miscellany of affairs, reflecting on professional practices and the author's judicial heroes Lord Reid and Lord Bingham."--Bloomsbury Publishing.