bluuebunny/crossref_metadata_2025 huggingface dataset:
JUDICIAL CONFIGURATIONS
Authors: Munday Roderick
Published: February 2003

This paper follows upon the author’s earlier paper in the preceding issue of the Journal which drew attention to the Court of Appeal’s growing practice of delivering composite judgments. It examines some of the wider issues cast up when courts ring the textual changes, adopting different permutations, and considers the somewhat tendentious matter of ‘judicial style’, a subject dear to some comparatists’ hearts. It explores the knotty question, glossed over even by many writers on precedent: what exactly is the virtue of the concurring judgment? It also considers how the quality of judgments may be affected by collaborative composition in a comparative context, taking in what little comparative evidence there is to inform the debate. It is futile to pretend that this paper offers final answers to any of these questions, for they raise issues of disconcerting complexity. Yet, to pass them over in silence would be scandalous.
RECONCEPTUALISING THE EXPRESS TRUST
Authors: Parkinson Patrick
Published: February 2003

This article argues that the express trust should be understood as a species of obligation rather than as a means of organising the ownership of property. Two propositions seem fundamental to the traditional understanding of the trust as an aspect of property law. Firstly, in the nature of the trust, there must be a separation of legal and beneficial ownership. Secondly, there must be trust property. Neither is necessarily true. With many discretionary trusts and other recognised types of express trust it is impossible to locate the beneficial estate. Furthermore, the requirement for there to be trust property is, on closer analysis, a requirement of certainty of obligation in relation to specific subject-matter within which the trust property can be located.

The article explores the implications of understanding the trust as a species of obligation. It allows all express trusts, including charitable trusts, to be explained as resting on the same fundamental concepts. The trust in the common law world may still be distinguished from contract and from the civil law forms of the trust. This new conceptualisation also illuminates what is the irreducible core content of the trust. The article concludes with a new definition of the express trust.
THE RELEVANCE OF BAD CHARACTER
Authors: Redmayne Mike
Published: February 2003

An important rule of criminal evidence is that evidence of a defendant’s previous misconduct (evidence of bad character) is prima facie inadmissible. The usual justification for this rule is that, in most cases, such evidence is either irrelevant or likely to have an unduly prejudicial effect on the fact-finder. This article questions this justification. After reviewing the psychological research on character, it examines statistical data on recidivism. The statistics suggest that those with previous convictions are much more likely to offend than are those without a criminal record, which implies that evidence of bad character will usually be sufficiently probative to justify its admission as proof of guilt. The remainder of the article examines various criticisms which can be levelled at this argument, in particular, that the recidivism data are misleading and that the way in which fact-finders reason renders evidence of bad character uninformative.
The Office of the Lord Chancellor. By Diana Woodhouse. [Oxford: Hart Publishing. 2001. viii, 292 (Bibliography) 6 and (Index) 5 pp. Hardback. £22.00 net. ISBN 1–84113–021–4.]
Authors: Johnston Angus
Published: February 2003

It seems that it is becoming increasingly difficult to keep the Lord Chancellor out of the headlines. The fact that this publicity has often related to matters which some dismiss as trivial should not blind us to the serious substance which underlies such attention and concern. Some aspects of the roˆle of the Lord Chancellor have received greater scrutiny than others in recent years: discussions concerning the judicial appointments system and the personal judicial position of the Lord Chancellor have been frequent, as has criticism of his party fund-raising exploits and expensive taste in wallpaper. However, an overall picture of the function, tasks and powers of the Lord Chancellor has been more difficult to draw together, particularly in the light of developments in recent times which have conferred greater responsibility upon the Lord Chancellor and his Department. Diana Woodhouse’s admirable and critical book seeks to provide both such an overview and proposals for possible (and arguably very necessary) reforms.
APPEALS
Authors: O’Keefe Roger
Published: February 2003

Appeals in cases noted in earlier numbers of the Journal
have now been disposed of as shown: Aneco Reinsurance Underwriting Ltd. v.
Johnson & Higgins Ltd., noted [2000] C.L.J. 446. Appeal dismissed:
[2001] UKHL 51. Turner v. Grovit, noted [2000] C.L.J. 45.
Question on the interpretation of the Brussels Convention of 1968 referred by the House of Lords
to the European Court of Justice: [2001] UKHL 65, noted [2002] 1 All E.R. 960.
Policing in a Changing Constitutional Order. By Neil Walker. [London: Sweet & Maxwell. 2000. xxiii, 297 (Bibliography) 25 and (Index) 24 pp. Paperback. £34.95 net. ISBN 0–421–63370–0.]
Authors: Forsyth Christopher
Published: February 2003

This book rests on what may well seem to most lawyers to be a self-evident truth: that “[a]ll policing systems are profoundly influenced by the constitutional order in which they are situated” (p. 1). But the author states that for many, particularly sociologists, this would be a debatable or false proposition. These would consider either that “occupational culture [was] the primary determinant of police behaviour” or would at any rate stress the discrepancy between the “legal ideal and profane reality” (p. 1, footnote 1). These latter propositions appear to be as self-evident as the first one: we live in a fallen world and so there will always be a gap between “legal ideal and profane reality” and who can doubt that police culture influences police behaviour.
Criminal Law: Theory and Doctrine. By A.P. Simester and G.R. Sullivan. [Oxford: Hart Publishing. 2000 lxix, 651, (Bibliography) 19 and (Index) 23. Paperback. £22.50 net. ISBN 1 901362–60–4.]
Authors: Virgo Graham
Published: February 2003

Criminal law textbooks have traditionally focussed on the exposition of criminal law doctrine, but with the growing emphasis in the academic literature on criminal law theory, there has been a need for a textbook which explicitly bridges the divide between doctrinal and theoretical approaches. Simester and Sullivan’s new book succeeds admirably in satisfying that need.
ENGLISH PUBLIC POLICY INTERNATIONALISED—AND CONVERSION CLARIFIED TOO
Authors: Tettenborn Andrew
Published: February 2003

Apart from the more high-profile questions of public and private international law noted above, Kuwait Airways also raised some nice issues about the often enigmatic English tort of conversion.
Rethinking English Homicide Law. Edited by Andrew Ashworth and Barry Mitchell. [Oxford: Oxford University Press. 2000. xx, 192 and (Index) 13 pp. Hardback. £40 net. ISBN 0–19–829904–4.]
Authors: Burnside J.P.
Published: February 2003

Academic criminal lawyers enjoy discussing the reform of English homicide law so much it almost seems wrong to suggest that Parliament should deprive them of the pleasure. The current volume originates in papers presented at the Oxford “Rethinking Homicide” conference and aims to reawaken interest in legislative reform. Perhaps we should be careful what we wish for. But certainly one could not wish for a more considered set of essays on the subject than this. Fusing empirical and theoretical reflections on murder, voluntary manslaughter, involuntary manslaughter and sentencing, the book matches its description whilst the inclusion of comparative material in each chapter successfully highlights the peculiar dilemmas of English homicide law and its possible futures.
HUMAN RIGHTS AND THE MANDATORY DEATH PENALTY IN THE PRIVY COUNCIL
Authors: Roe Thomas
Published: February 2003

At common law the penalty for murder was death. This simple rule came to apply to many territories of the Crown. It persisted, sometimes in modified form, in many territories now independent States. At independence such States adopted entrenched Constitutions heavily influenced by the European Convention on Human Rights (ECHR). The final appeal from several of these States lies to the Judicial Committee of the Privy Council.
Towards an International Criminal Procedure. By Christoph J.M. Safferling, [Oxford: Oxford University Press. 2001. xxii, 379, (Bibliography) 11 and (Index) 5pp. Hardback. £60.00 net. ISBN 0–19–924350–6.]
Authors: Olbourne Ben
Published: February 2003

With the establishment of the International Criminal Court (ICC), one of the most pressing tasks, as Safferling observes, is to identify the procedure that will govern its proceedings. The author’s thesis is that the elements of this procedure are to found in a “structural combination” of the principal domestic legal traditions—the common law and the Continental—“reconciled” as required by the dictates of international human rights law. The result, it is claimed, is a “unique legal order” that is consistent with the aims of criminal prosecution, is fair to the accused, and corresponds to the specific circumstances of the international context.
Tort Liability under Uncertainty. By Ariel Porat and Alex Stein. [Oxford: Oxford University Press. 2001. xii, 206 and (Index) 8 pp. Hardback. £50. ISBN 0–19–826797–5.]
Authors: Parker Benjamin
Published: February 2003

Over forty years have elapsed since Hart and Honore´ first lamented the uncertainties and confusions surrounding causation. There is little sign of improvement: only this year the Court of Appeal recognised that the application of orthodox principles of causation to mesothelioma (an asbestos-related disease) revealed “a major injustice crying out to be righted” (Fairchild v. Glenhaven Funeral Services Ltd. [2001] EWCA Civ 1881 [2002] 1 W.L.R. 1052, at [107]). The problem is particularly acute in tort claims for industrial injuries and medical negligence, where causal uncertainty is prevalent.
ASSISTED SUICIDE AND PERSONAL AUTONOMY
Authors: Thornton Rosy
Published: February 2003

The European Court of Human Rights recently confirmed that the exceptionless prohibition of assisted suicide under section 2(1) of the Suicide Act 1961, which had been unsuccessfully challenged by the applicant in the House of Lords because of its effects on persons physically unable to commit suicide unassisted by another (R. (Pretty) v. DPP, [2001] UKHL 61, [2001] 3 W.L.R. 1598, noted by Keown (2002) 61 C.L.J. 8), is compatible with the United Kingdom’s obligations towards the applicant under the European Convention on Human Rights: Pretty v. United Kingdom, judgment of 29 April 2002. As she had before the House of Lords, Mrs. Pretty put forward arguments under Articles 2, 3, 8, 9 and 14 of the Convention. Important differences between the decisions of the European Court of Human Rights and the House of Lords emerged only in the assessment of the merits of Mrs. Pretty’s case with regard to Article 8 and Article 14.
Law and Religion: Current Legal Issues 2001—Volume 4. Edited by Richard O’Dair and Andrew Lewis. [Oxford: Oxford University Press. 2001. xliii and 558 pp. Hardback. £70.00. ISBN 0–18–824550–2.]
Authors: Strong S.I.
Published: February 2003

As volume four of Current Legal Issues demonstrates, commentary on the interplay between law and religion in the UK is growing, although the subject still attracts nowhere near the level of attention it does in other countries. The newest addition to the literature constitutes a welcome advance to lawyers working or interested in the field. For example, many existing collections of essays on law and religion focus primarily on sociological issues. This compilation, on the other hand, contains many essays that stress truly legal dilemmas, although sociological, philosophical and other approaches to the question are still well represented among the thirty contributions.
SECURITY SERVICES, LEAKS AND THE PUBLIC INTEREST
Authors: Smith A.T.H.
Published: February 2003

Once upon a time, the Crown faced almost no difficulties in securing convictions for breaches of the Official Secrets Act 1911, particularly section 2. After the somewhat embarrassing decision to proceed had been taken, it was like shooting fish in a barrel. Occasionally, the jury revolted, as they did in Ponting [1985] Crim. L.R. 315, producing something like a perverse verdict in the face of the judicial direction that it was no defence that the defendant believed himself to be acting in the public interest. That decision, and the ruling of the House of Lords in the Spycatcher litigation [1990] 1 A.C. 109 to the effect that the former security service agent Peter Wright did not commit an actionable breach of confidence by making his allegations of improper practices within the services, prompted the government of the day to promote legislation that purported to impose life-long obligations of confidence upon members and former members of the security intelligence services. “Purported” because, with the enactment of the Human Rights Act 1998, it is now open to the courts inter alia to declare that Parliament has acted incompatibly with one of the rights protected by that Act.
Labour Law in an Era of Globalisation. Edited by Joanne Conaghan, Richard Michael Fischl, and Karl Klare. [Oxford: Oxford University Press, 2002. xxxii, 534 and (Index) 12pp. Hardback. £60. ISBN 0–19–924247–X.]
Authors: Hepple Bob
Published: February 2003

The conception of Labour law as a distinctive branch of legal studies was a product of the late 19th century and the first half of the 20th century. The underlying theories (such as British collective laissez faire and US industrial pluralism) and the categories of legal thinking (such as “employee” and “contract of employment”) were shaped in industrialised nation states where the typical subjects of the law were Fordist manufacturing companies employing full-time male workers in life-time jobs on standardised contracts often regulated by collective agreements with trade unions. That “classical” model of labour law is plainly untenable in the post-industrial 21st century world in which union density and collective bargaining coverage have dramatically declined, and the “contract of employment” has lost much of its analytical value as paid work is increasingly performed outside conventional employment relationships. The feminisation of the workforce is now an irreversible fact, with profound consequences for the division between “work” and “family”, between paid and unpaid work, and between “jobs” and “careers”. Perhaps, the most important changes are those resulting from modern globalisation: the liberalisation of trade and investment, the domination of transnational companies (TNCs), the growth of a worldwide networked society, and increasing global competition. A major consequence of this is the reduced power of nation states to regulate labour within their own borders or migration across frontiers, the growth of complex multivalent legal orders with murky boundaries between supranational, transnational, national and workplace legal norms, and the prevalence of “soft” law such as corporate codes of conduct.
ARE HEALTHY CHILDREN ALWAYS A BLESSING?
Authors: Elvin Jesse
Published: February 2003

InRees v. Darlington Memorial Hospital NHS Trust Ltd. [2002] EWCA Civ 88, [2002] 2 W.L.R. 1483, the Court of Appeal (Hale and Walker L.JJ., Waller L.J. dissenting) ruled that although the birth of a healthy but unplanned child brings blessings, it also brings costs, and that a disabled mother of such a child could be compensated for the extra costs of child care occasioned by her disability if the birth resulted from medical negligence.
International Monetary Law: Issues for the New Millenium. Edited by Mario Giovanoli. [Oxford: Oxford University Press. 2000. li, 515 and (Index) 22 pp. Hardback. £125 net. ISBN 0–19–829923–0.]
Authors: Alexander Kern
Published: February 2003

The financial crises that spread through East Asia, Russia and Latin America in the late 1990s have led to renewed calls for reform of the “international financial architecture” that would involve legal and institutional changes for the regulation of international financial markets. Since the end of the Bretton Woods system in the early 1970s, there have been over 100 financial crises while 132 of the 184 members of the International Monetary Fund have suffered varying degrees of banking fragility and distress. Although the term “banking crisis” and “financial crisis” are often used interchangeably, the IMF defines a financial crisis as a currency crisis, which is a speculative attack on the currency either causing a devaluation or forcing the authorities to spend large amounts of foreign exchange reserves to purchase its currency or to raise interest rates sharply. A banking crisis refers to actual or potential bank runs or failures, which induce banks to suspend the internal convertibility of their liabilities or to compel the government to intervene. Financial and banking crises often have systemic consequences, impairing markets’ ability to function effectively and may have major adverse effects on the economy. Many experts agree that adequate regulation at the domestic and international levels has not accompanied the progressive liberalisation of financial markets and, in particular, of short-term capital flows. It is a serious defect with the current system that the development of international monetary and financial law—at least in the areas of regulation and supervision—has only occurred haphazardly and principally as a result of a series of financial crises that began in the mid 1970s. Indeed, this book is a welcomed contribution to understanding many of the complex issues that arise in international monetary and financial law.
MAKING IT MORE LIKELYv.MAKING IT HAPPEN
Authors: Weir Tony
Published: February 2003

When the gods looked down and spied lusty Ares entangled with lovely Aphrodite in the net which her grimy husband used to entrap them, there arose on Mount Olympus “unquenchable laughter”—in Homer’s words “asbestos gelos”. In the modern world, however, asbestos is no laughing matter: inhale the fibres of that mineral wool and you may contract asbestosis, a debilitating lung disease, or, as was discovered 30 years later, mesothelioma, a fatal cancer. Asbestosis is cumulative—you get worse the more you inhale—so that everyone who culpably fails to protect you contributes to your ultimate condition. Mesothelioma is quite different, for it is most likely caused by a single fibre: of course the more you inhale, the greater the risk of getting that fatal fibre, but until you get it, exposure makes you no more likely to get it, and once you have got it, you are a dead man, and further exposure makes no difference. Thus if you get mesothelioma after being exposed to fibres in six successive employments, each employer has contributed to the risk of your getting the disease, but the disease itself is due to only one of them. To ascertain in which employment the fatal fibre struck is, however, quite impossible and will likely remain so whatever advances are made in medical science, since the symptoms take up to forty years to manifest themselves, and before then no one can tell whether, much less when, the victim has been hit.
The English Poor Laws, 1700–1930. By Anthony Brundage. [Basingstoke: Palgrave Macmillan. 2001. vii and 185 pp. Hardback. £49.50. ISBN 0–333–68271–8.]
Authors: Stein M.A.
Published: February 2003

This latest addition to the Palgrave series on Social History in Perspective is a concise and systematic overview of the Poor Law system from the beginning of the 18th century through to its demise in 1930. Well written, The English Poor Law is intended as an introduction to the subject for students of law, history, and/or society, and therefore offers a very short account. Fortunately, the knowledgeable Professor Brundage (whose earlier books include an analysis of the New Poor Law and a biography of one of its facilitators, Edwin Chadwick) provides first-rate end notes and an extensive bibliography. In consequence, those wishing to learn more of this interesting topic have been afforded the means for additional research.
DISHONEST ASSISTANCE: GUILTY CONDUCT OR A GUILTY MIND?
Authors: Pedain Antje
Published: February 2003

Chancery lawyers have for many years awaited a definitive House of Lords ruling on the mental element required to make strangers to a trust liable for knowing or dishonest assistance in a breach of trust, and for knowing receipt of trust property. The appeal in Twinsectra Ltd. v. Yardley [2002] UKHL 12, [2002] 2 All E.R. 377 provided the opportunity for resolution of the issue in the former case but not the latter; the degree of knowledge required for a knowing receipt claim remains for final determination on another occasion.
A TALE OF TWO SUPREMACIES, FOUR GREENGROCERS, A FISHMONGER, AND THE SEEDS OF A CONSTITUTIONAL COURT
Authors: Perreau-Saussine Amanda
Published: February 2003

The phrase “hierarchy of norms” sounds alien or continental to the ears of most British constitutional lawyers: generations have been taught that, in order to respect the sovereignty of Parliament, they should compare statutes only in temporal terms, preferring a more recent statute over incompatible older ones. In Thoburn v. Sunderland City Council and related appeals [2002] EWHC 195 (Admin), [2002] 3 W.L.R. 247, four greengrocers and a fishmonger, backed by the UK Independence Party, unsuccessfully invoked this doctrine of implied repeal to challenge the validity of the UK’s messy implementation of European Metrication Directives. If obiter dicta by Laws L.J. are followed, it will be not for our political representatives but for our courts to decide whether to prefer older statutes protecting “constitutional rights” over more recent statutes, and to rank constitutional rights.
THE SCOPE OF CONSENT IN ARTICLE 7(1) OF THE TRADE MARKS DIRECTIVE
Authors: Aplin Tanya
Published: February 2003

When does a proprietor of a trade mark consent to goods bearing that mark being placed on the market in the EEA? Article 7(1) of the Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Members States relating to trade marks [1989] O.J. L040/1 raises this question, the answer to which is critical since consent will “exhaust” the proprietor’s trade mark rights in respect of those goods, subject to the operation of Article 7(2). In Silhouette International Schmiedt GmbH & Co. KG v. Hartlauer Handelsgesellschaft mbH [1998] E.T.M.R. 539 the ECJ held that Article 7(1) does not support international exhaustion: this is where trade mark rights cannot be used to prevent imports into the EEA of goods placed on the market anywhere in the world under the trade mark. In Zino Davidoff v. A & G Imports Ltd. [2002] 2 W.L.R. 321 the ECJ gave a preliminary ruling on the interpretation of “consent” in Article 7(1). A broad or uncertain interpretation of consent to the marketing of goods in the EEA would have undermined the rule against international exhaustion established in Silhouette. The ECJ in Davidoff opted for a narrow and well-defined interpretation of “consent” within Article 7(1).
MIND THE GAP… : CHILD PROTECTION, STATUTORY INTERPRETATION AND THE HUMAN RIGHTS ACT
Authors: Miles Joanna
Published: February 2003

“The problem is more with what the [Children] Act does not say than with what it does”: Hale L.J., Court of Appeal at para. [50]. Therein lay the problem addressed in Re S (Minors) (Care Order: Implementation of Care Plan) [2002] UKHL 10, [2002] 2 W.L.R. 720; reversing in part [2001] EWCA Civ 757, [2001] 2 F.L.R. 582. This case involves key issues in child protection under the Children Act 1989 and provides further guidance regarding the courts’ interpretation of legislation under the Human Rights Act 1998.
INTERNATIONAL TORTS AND CHOICE OF LAW IN AUSTRALIA
Authors: Olbourne Ben
Published: February 2003

InJohn Pfeiffer Pty. Ltd. v. Rogerson (2000) 201
C.L.R. 552, the High Court of Australia had reconsidered the choice of law rules for
“intra-national torts”, i.e. torts involving elements occurring in more than
one Australian state. There, the Court rejected the rule of double actionability derived from
Phillips v. Eyre (1870) L.R. 6 Q.B. 1 in preference for the rule that all
questions of substance should be governed by the lex loci delicti. In Régie National des Usines Renault v. Zhang (2002) 187 A.L.R. 1, the High Court was asked to extend this preference to international torts as well. It did so emphatically. Except as regards a limited number of specific torts, for which the Court expressly reserved its consideration, the Australian common law rule is now that the substantive elements of tort actions are to be determined in accordance with the law of the place of the act or omission giving rise to the action.
PROFESSIONAL PRIVILEGE AND THE TAX MAN
Authors: Tiley John
Published: February 2003

R. (on the application of Morgan Grenfell & Co. Ltd.) v. Special Commissioner of Income Tax [2002] UKHL 21, [2002] 3 All E.R. 1 is an exercise in statutory interpretation in which different courts came to diametrically opposite views. The Revenue were trying to decide how MG, the taxpayer, should be assessed in relation to certain transactions and so asked MG to supply certain documents. MG declined, in part because these documents consisted of advice which MG had obtained from leading counsel and solicitors about whether the scheme behind the transactions would work; so the issue was the scope and nature of legal professional privilege (“LPP”). The Revenue asked for—and obtained—the consent of the Presiding Special Commissioner (His Honour Stephen Oliver Q.C.) for the issue of a notice by them to MG under Taxes Management Act 1970, s. 20(1), which allows an inspector by notice in writing “to require a person to deliver to him such documents as are in the person’s possession or power and which … contains information relevant to any tax liability of that person”. MG applied for judicial review to quash the notice, failing before the Divisional Court ([2000] S.T.C. 965, Buxton L.J. and Penry-Davey J.) and the Court of Appeal ([2001] EWCA 329, [2001] S.T.C. 497, Schiemann, Sedley L.JJ. and Blackburne J.), so that all six judges were for the Revenue; MG must therefore have been both delighted and perhaps surprised when a unanimous House of Lords, led by Lord Hoffmann, decided in its favour.
FINITELY RAMIFIED GRAPH-DIRECTED FRACTALS, SPECTRAL ASYMPTOTICS AND THE MULTIDIMENSIONAL RENEWAL THEOREM
Authors: Hambly B. M. , Nyberg S. O. G.
Published: February 2003

We consider the class of graph-directed constructions which are connected and have the property of finite ramification. By assuming the existence of a fixed point for a certain renormalization map, it is possible to construct a Laplace operator on fractals in this class via their Dirichlet forms. Our main aim is to consider the eigenvalues of the Laplace operator and provide a formula for the spectral dimension, the exponent determining the power-law scaling in the eigenvalue counting function, and establish generic constancy for the counting-function asymptotics. In order to do this we prove an extension of the multidimensional renewal theorem. As a result we show that it is possible for the eigenvalue counting function for fractals to require a logarithmic correction to the usual power-law growth.

AMS 2000 Mathematics subject classification: Primary 35P20; 58J50. Secondary 28A80; 60K05; 31C25
STABILITY AND BIFURCATION IN A DELAYED RATIO-DEPENDENT PREDATOR–PREY SYSTEM
Authors: Xiao Dongmei , Li Wenxia
Published: February 2003

Recently, ratio-dependent predator–prey systems have been regarded by some researchers as being more appropriate for predator–prey interactions where predation involves serious searching processes. Due to the fact that every population goes through some distinct life stages in real-life, one often introduces time delays in the variables being modelled. The presence of time delay often greatly complicates the analytical study of such models. In this paper, the qualitative behaviour of a class of ratio-dependent predator–prey systems with delay at the equilibrium in the interior of the first quadrant is studied. It is shown that the interior equilibrium cannot be absolutely stable and there exist non-trivial periodic solutions for the model. Moreover, by choosing delay $\tau$ as the bifurcation parameter we study the Hopf bifurcation and the stability of the periodic solutions.

AMS 2000 Mathematics subject classification: Primary 34C25; 92D25. Secondary 58F14
PRODUCTS OF PAIRWISE TOTALLY PERMUTABLE GROUPS
Authors: Hauck P. , Martínez-Pastor A. , Pérez-Ramos M. D.
Published: February 2003

In this paper finite groups factorized as products of pairwise totally permutable subgroups are studied in the framework of Fitting classes.

AMS 2000 Mathematics subject classification: Primary 20D10; 20D40
THE BEST-CONSTANT PROBLEM FOR A FAMILY OF GAGLIARDO–NIRENBERG INEQUALITIES ON A COMPACT RIEMANNIAN MANIFOLD
Authors: Brouttelande Christophe
Published: February 2003

The best-constant problem for Nash and Sobolev inequalities on Riemannian manifolds has been intensively studied in the last few decades, especially in the compact case. We treat this problem here for a more general family of Gagliardo–Nirenberg inequalities including the Nash inequality and the limiting case of a particular logarithmic Sobolev inequality. From the latter, we deduce a sharp heat-kernel upper bound.

AMS 2000 Mathematics subject classification: Primary 58J05
A COUNTEREXAMPLE TO METRIC DIFFERENTIABILITY
Authors: Kirchheim Bernd , Magnani Valentino
Published: February 2003

We show that the metric version of Pansu’s differentiability result for Lipschitz maps fails; this illustrates an interesting difference between Euclidean domains and domains that are non-abelian stratified groups.

AMS 2000 Mathematics subject classification: Primary 26B05. Secondary 22E25
BORNOLOGICAL COUNTABLE ENLARGEMENTS
Authors: Tweddle Ian , Saxon S. A.
Published: February 2003

We show that for a non-flat bornological space there is always a bornological countable enlargement; moreover, when the space is non-flat and ultrabornological the countable enlargement may be chosen to be both bornological and barrelled. It is also shown that countable enlargements for barrelled or bornological spaces are always Mackey topologies, and every quasibarrelled space that is not barrelled has a quasibarrelled countable enlargement.

AMS 2000 Mathematics subject classification: Primary 46A08; 46A20
HIGHER-RANK GRAPHS AND THEIR $C^*$-ALGEBRAS
Authors: Raeburn Iain , Sims Aidan , Yeend Trent
Published: February 2003

We consider the higher-rank graphs introduced by Kumjian and Pask as models for higher-rank Cuntz–Krieger algebras. We describe a variant of the Cuntz–Krieger relations which applies to graphs with sources, and describe a local convexity condition which characterizes the higher-rank graphs that admit a non-trivial Cuntz–Krieger family. We then prove versions of the uniqueness theorems and classifications of ideals for the $C^*$-algebras generated by Cuntz–Krieger families.

AMS 2000 Mathematics subject classification: Primary 46L05
DISTRIBUTION OF GAPS BETWEEN THE INVERSES $\mathrm{mod} q$
Authors: Cobeli C. , Vâjâitu M. , Zaharescu A.
Published: February 2003

Let $q$ be a positive integer, let $\mathcal{I}=\mathcal{I}(q)$ and $\mathcal{J}=\mathcal{J}(q)$ be subintervals of integers in $[1,q]$ and let $\mathcal{M}$ be the set of elements of $\mathcal{I}$ that are invertible modulo $q$ and whose inverses lie in $\mathcal{J}$. We show that when $q$ approaches infinity through a sequence of values such that $\varphi(q)/q\rightarrow0$, the $r$-spacing distribution between consecutive elements of $\mathcal{M}$ becomes exponential.

AMS 2000 Mathematics subject classification: Primary 11K06; 11B05; 11N69
CONSTRUCTION OF LIE SUPERALGEBRAS $D(2,1;\alpha)$,\$G(3)$ AND $F(4)$ FROM SOME TRIPLE SYSTEMS
Authors: Kamiya Noriaki , Okubo Susumu
Published: February 2003

We have constructed Lie superalgebras $D(2,1;\alpha)$, $G(3)$ and $F(4)$ from $U(-1,-1)$-balanced Freudenthal–Kantor triple systems in a natural way.

AMS 2000 Mathematics subject classification: Primary 17A40; 17B60
A RESULT ON SEMI-ARTINIAN RINGS
Authors: Dinh Hai Quang , Smith Patrick F.
Published: February 2003

It was shown by Huynh and Rizvi that a ring $R$ is semisimple artinian if and only if every continuous right $R$-module is injective. However, a characterization of rings, over which every finitely generated continuous right module is injective, has been left open. In this note we give a partial solution for this question. Namely, we show that for a right semi-artinian ring $R$, every finitely generated continuous right $R$-module is injective if and only if all simple right $R$-modules are injective.

AMS 2000 Mathematics subject classification: Primary 16D50. Secondary 16P20; 16P60
EIGENVALUES OF SOME NON-LOCAL BOUNDARY-VALUE PROBLEMS
Authors: Infante Gennaro
Published: February 2003

Working on a suitable cone of continuous functions, we give new results for integral equations of the form $\lambda u(t)=\int_{G}k(t,s)f(s,u(s))\,\mathrm{d} s:=Tu(t)$, where $G$ is a compact set in $\mathbb{R}^{n}$ and $k$ is a possibly discontinuous function that is allowed to change sign. We apply our results to prove existence of eigenvalues of some non-local boundary-value problems.

AMS 2000 Mathematics subject classification: Primary 34B10. Secondary 34B18; 47H10; 47H30
PACKING STRIPS IN THE HYPERBOLIC PLANE
Authors: Marshall T. H. , Martin G. J.
Published: February 2003

A strip of radius $r$ in the hyperbolic plane is the set of points within distance $r$ of a given geodesic. We define the density of a packing of strips of radius $r$ and prove that this density cannot exceed

$$ \mathcal{S}(r)=\frac{3}{\pi}\sinh r\mathrm{arccosh}\biggl(1+\frac{1}{2\sinh^2r}\biggr). $$

This bound is sharp for every value of $r$ and provides sharp bounds on collaring theorems for simple geodesics on surfaces.

AMS 2000 Mathematics subject classification: Primary 51M09; 52C15. Secondary 51M04
ON THE EXISTENCE OF MULTIPLE PERIODIC SOLUTIONS FOR EQUATIONS DRIVEN BY THE $p$-LAPLACIAN AND WITH A NON-SMOOTH POTENTIAL
Authors: Gasiński Leszek , Papageorgiou Nikolaos S.
Published: February 2003

In this paper we examine periodic problems driven by the scalar $p$-Laplacian. Using non-smooth critical-point theory and a recent multiplicity result based on local linking (the original smooth version is due to Brezis and Nirenberg), we prove three multiplicity results, the third for semilinear problems with resonance at zero. We also study a quasilinear periodic eigenvalue problem with the parameter near resonance. We prove the existence of three distinct solutions, extending in this way a semilinear and smooth result of Mawhin and Schmitt.

AMS 2000 Mathematics subject classification: Primary 34C25
THE END OF THE SPANISH MATCH
Authors: PURSELL BRENNAN C.
Published: February 2003

This article suggests an alternative explanation for the failure of the so-called Spanish match in 1623. The Spanish monarchy was not unanimously against the marriage of the Infanta María to Prince Charles, and the marquis (later duke) of Buckingham was not the brilliant negotiator who was able to expose elaborate attempts by the Spanish to hide their alleged mendacity. Analysis of archival materials from England, Spain, and Germany indicates that Charles decided to abandon the match when he realized that it would not guarantee the restoration of his dispossessed brother-in-law, Elector Palatine Friedrich V, who had done everything in his power to prevent the marriage. When Charles signed the treaty anyway, the Spanish then began to make preparations for the wedding, preferring to postpone serious discussion of a solution to the Palatine crisis indefinitely. For Charles, however, the two issues were inseparable. For him the match was as important for securing the restitution of the Palatinate as for designating his future royal spouse. When he left Spain, he had already devised and initiated a plan to dissolve the match. In many ways both sides were equally guilty of delay, dissimulation, and deception.
THE DEATH OF CHARLES I
Authors: KELSEY SEAN
Published: February 2003

By the winter of 1648–9, demands for retributive justice on Charles I and his supporters had built to a crescendo. But regicide was generally regarded as an extremely bad idea, and the king's trial was contrived as a final bid for peaceful settlement, not a prelude to king-killing. In return for a place at the heart of a new constitutional order, Charles I was required to abdicate his negative voice by pleading to charges brought on the sole authority of the House of Commons. This was a high-risk strategy inspired and justified by the weakening of opposition to the trial in the House of Lords, the city of London and at Edinburgh, and by some of the encouraging signals emanating from deep within the royalist camp itself. However, in their anxiety to avoid having their ultimate sanction forced upon them, the commissioners of the high court of justice gave the king rather more opportunities to plead to the charges against him than was consistent with the maintenance of their own authority. Rather than persuading him to give in, they encouraged him to stand firm, with fatal consequences. Far from being a providential act of vengeance, or indeed the inexorable fate of a man predestined to martyrdom, the execution of Charles I was a highly adventitious occurrence – predictable, perhaps, yet contingent on a wide range of unpredictable circumstances.
IRISH POPULAR POLITICS AND THE MAKING OF THE WYNDHAM LAND ACT, 1901–1903
Authors: CAMPBELL FERGUS
Published: February 2003

The Wyndham Land Act was the most important land reform introduced by any British government during the period of the Act of Union (1801–1922); and this article provides a new interpretation of the origins of this revolutionary legislation. Whereas previous accounts attribute the Act to the initiative of the Irish chief secretary, George Wyndham, this article locates the legislation in the wider context of both popular and ‘high’ politics. The state of the land question in fin de siècle Ireland is examined, as is the United Irish League's extensive agitation for compulsory land purchase between 1901 and 1903. Finally, the impact of the agitation on the British government is considered, and the article demonstrates that the Wyndham Land Act was introduced as a result of the United Irish League's campaign for land reform.
WORKING-CLASS EXPERIENCE AND STATE SOCIAL WELFARE, 1908–1914: OLD AGE PENSIONS RECONSIDERED
Authors: PUGH MARTIN
Published: February 2003

The debate over the popularity or otherwise of state social reform has been inhibited by the lack of contemporary sources. This article seeks to advance our understanding of working-class experience of the 1908 pensions scheme by utilizing the material in Post Office archives and the local press. It argues that the scheme was implemented in ways calculated to reassure the beneficiaries, that it promoted the independence of the elderly, that it reached more people than is usually thought, and that it helped to modify popular attitudes towards the state.
ENGLISH RUGBY UNION AND THE FIRST WORLD WAR
Authors: COLLINS TONY
Published: February 2003

The idea that war was a football match writ large was commonly expressed in Britain during the First World War. This article looks at the attitudes and actions of the English Rugby Football Union and its supporters before, during, and after the First World War to examine how such beliefs were utilized by sports organizations and the impact they had on the military and on society as a whole. Rugby union football was viewed both by its supporters and general observers alike as the most enthusiastic and committed sporting supporter of the war effort; the article explores rugby's overtly ideological stance as a means of shedding light on broader discussions about the cultural impact of the war, such as in the works of Paul Fussell and Jay Winter, and about the continued survival of traditional and Edwardian ideas of patriotism among the English middle classes in the immediate post-war period.
CIVIL–MILITARY RELATIONS IN THE EARLY WEIMAR REPUBLIC
Authors: MULLIGAN WILLIAM
Published: February 2003

The historiography on civil–military relations in the early years of the Weimar Republic has concentrated on issues such as the soldiers' councils, the threat of a radical left-wing uprising and the difficulties of demobilization. This article broadens the perspective on co-operation between the officer corps and the government, arguing that the collapse of the Kaiserreich provided an opportunity to remake the state. For very different reasons, liberal and socialist politicians and officers shared a community of interests in centralizing the Reich. Officers believed that a more centralized state was more effective in military and foreign policy terms. Whereas other incidents of co-operation were due to urgent necessity, the establishment of the Reichswehr Ministry showed that the new state could potentially serve the longer term agenda of the officer corps. However the plans for a centralized Reichswehr Ministry were opposed by those who held power in the federal states, particularly in southern Germany. With support from the National Assembly and the cabinet, opposition from the states was overcome. This episode in Weimar history shows that the view of antagonistic civil–military relations must be modified to take account of the ways in which the officer corps sought to exploit the possibilities opened up by the German revolution of 1918.
RAISING RACHMAN: THE ORIGINS OF THE RENT ACT, 1957
Authors: SIMMONDS ALAN G. V.
Published: February 2003

In 1957, against a background of political turmoil and international tension the Conservative government passed the Rent Act, a highly contentious piece of legislation designed to resolve the problem of housing shortages by removing the statutory restrictions on the rents of privately let accommodation which had been operative since the Great War. The government argued that by abolishing rent controls landlords would be encouraged to maintain, improve, and invest in private rented property and thereby increase its availability. The failure to achieve these objectives prompts an assessment of the Rent Act through an analysis of its origins. It is suggested that, although the government's rents policy was framed within a broad economic imperative, between 1955 and 1957 it became refracted through a number of political, administrative, and social constraints, ensuring that its central aim of creating a free market in rents could never be achieved. As such the Rent Act reaffirmed the strength of consensus politics as a major influence on the Conservative party's housing strategy.
POLITENESS AND THE INTERPRETATION OF THE BRITISH EIGHTEENTH CENTURY
Authors: KLEIN LAWRENCE E.
Published: February 2003

Politeness has assumed an important place in recent interpretations of eighteenth-century Britain by historians and historically minded scholars in other fields. The use of politeness as an analytic category has relied on varying assessments of the eighteenth-century semantic associations of the term, which included attentiveness to form, sociability, improvement, worldliness, and gentility. Scholars have used politeness in one or more of these senses to characterize distinctive aspects of eighteenth-century British culture: the comportment of the body in isolation and in social interaction; the material equipment of everyday life; the changing configurations and uses of domestic and public spaces; skills and aptitudes that both constituted personal accomplishment and shaped larger cultural enterprises such as religion, learning, the arts, and science; and important aspects of associational and institutional life. Thus, eighteenth-century Britain was polite in that a wide range of quite different activities have been identified as bearing the stamp of the eighteenth-century meanings of ‘politeness’. Furthermore, what made eighteenth-century Britain a polite society was not its horizontal division between polite and non-polite persons but rather the wide access of a range of persons to activities and competencies that contemporaries considered ‘polite’.
THE CENTURY OF SEX? GENDER, BODIES, AND SEXUALITY IN THE LONG EIGHTEENTH CENTURY
Authors: HARVEY KAREN
Published: February 2003

The past two decades have witnessed a burgeoning of the history of the body and sexuality. Seeking to historicize sex differences, historians have widely incorporated the study of the body and sexuality into the history of women and gender. This review considers the place of the body and sexuality in women's and gender history. Recent work posits the long eighteenth century as the century of change in the ways in which bodies were understood, sexuality constructed, and sexual activity carried out. Yet in turn, the incorporation of such new topics also reinvigorates older narratives of economic and political transformation. This historiographical review assesses this recent work, arguing that key facets of the historiography need to be reconsidered. Explanatory models of historical change need to incorporate issues such as life-cycle changes and historical persistence. Approaches to cultural exchange have to develop which can accommodate cultural diversity, and the complexities of cultural transmission. Finally, analyses of the material contexts of the body and sexuality – both corporeal and textual – need to be undertaken.