bluuebunny/crossref_metadata_2025 huggingface dataset:
The Impact of Due Process
Authors: Choongh Satnam
Published: November 2023

In the opening chapter it was argued that the main concern of the Philips Commission was to ensure that the law catered for ‘police needs’, and that PACE achieves this by granting the police extensive powers relating to stop and search, arrest, detention and interrogation. However, in the debate which accompanied the passage of the Act, its proponents argued that PACE represented a net gain for suspects because it granted them a comprehensive set of rights and protections. Following its implementation, some commentators and researchers have claimed that the suspect’s position has indeed improved: that the right to legal advice, the protection provided by the creation of the custody officer, and the introduction of taperecording have exposed the police to the glare of legal scrutiny and thus succeeded in bringing their practices in line with the dictates of the law.
The Suspect’s Perspective
Authors: Choongh Satnam
Published: November 2023

Researchers in the United States have for some time exhibited great interest in finding out whether citizens view police and court procedures as fair and just, and in identifying the criteria or framework which citizens use in making such evaluations. This academic activity has been in marked contrast to the situation in England, however, where no attempt has been made systematically to seek out and report the views of suspects and defendants or to estimate what proportion of them feel that they are fairly treated. The present study was in part prompted by this gap in the socio-legal literature, and the previous chapters have used the suspect’s ‘voice’ in describing and analysing various aspects of police behaviour and procedure. The purpose of this chapter is to explore the suspect’s perspective in greater detail, and to determine the influence of various factors on suspects’ overall evaluations of their treatment.
A Reserve Army: Women and the Drug Market
Authors: Maher Lisa
Published: November 2023

Within the street-level drug economy in Bush wick, options for income generation can be located within three distinct, yet overlap ping and inter-dependent spheres: drug-business hustles, non-drug hustles, and sex work. Drug-business hustles (Johnson et al., 1985) form the ‘core ‘ or primary labour market, and non-drug hustles and sex work constitute a ‘periphery ‘ or secondary labour market. Women are virtually absent from the drug business, under-represented in non drug hustles and grossly over-represented in sex work. In this chapter I focus on opportunities for income generation arising out of drug business hustles, while the next two chapters examine non-drug hustles and sex work.Drug-business hustles refer to the transfer of goods and/or services directly related to the distribution and consumption of illicit drugs.1 In Bush wick, drug-business hustles are further distinguished by their location within a structural framework or organization: in theory at least, they offer the prospect of advancement and a potential ‘career ‘ path. Non-drug hustles are defined as acts of income generation which, while they may provide revenue for the drug economy, are not directly related to distributing and selling drugs.
Intersectionalities: Gender-Race-Class
Authors: Maher Lisa
Published: November 2023

Opportunities for labour-market participation in the informal economy are not empty slots waiting to be filled by those with the requisite skill. As we have seen, who fills these slots and how certain slots come to be associated with a particular status influences the creation and maintenance of employment hierarchies and social hierarchies more generally. But little is known about the ways in which multiple dimensions of identity1 interact to produce divisions of labour and, in particular, how convergences of race/ethnicity and sex/gender con tribute to labour-market segmentation.Labour-market segmentation and labour process theories have typically focused on class. The economic determinism inherent in these analyses has tended to eclipse the role of other dimensions of social stratification such as sex/gender, race/ethnicity, age, and immigrant status in accounting for the over-representation of certain groups among the ranks of what has been described as an ‘industrial reserve army of labor ‘ (Bravermann, 1975).
The Reproduction of Inequalities
Authors: Maher Lisa
Published: November 2023

The women portrayed in this book are part of a highly visible and heavily stigmatized population. They are among the poorest and most exploited of workers in the drug economy. Their lives are anchored in a complex geography which to outsiders presents as a ‘stark tableau of pathology and vice ‘ (Stansell, 1982:321). These women live and labour by their wits in a world marked by violence, victimization, and mutual exploitation. While they have ‘chosen ‘ sex work, they have not done so under conditions of their own choosing. Their choices are neither those of ‘equal competitors in an open market with equal opportunities to invest in human capital and advance in the labour market ‘ nor those of ‘deranged isolated individuals ‘ (Sullivan, 1989:247). Rather, they are choices shaped by a collective consciousness in which gendered and raced meanings of ‘crime as work ‘ form an integral part of the habitus (Bourdieu, 1977) of street level drug users.1 These schemata of ‘perception, appreciation and action ‘ (Wacquant, 1992:16) serve both to condition and to contextualize their criminal agencies.
Regional Protection of Human Rights: The Inter-American Achievement
Authors: Harris David
Published: November 2023

The substantive guarantee of the inter-American system for the protection of human rights is found in the American Declaration of the Rights and Duties of Man 1948 and the American Convention on Human Rights 1969. The supervisory institutions are the Inter-American Commission on Human Rights and the American Court of Human Rights. The system is a creature of the OAS, whose 1948 Statute contains references to human rights and whose political organs play a part in the operation of the system.
The Protection of Indigenous Rights in the Inter-American System
Authors: Hannum Hurst
Published: November 2023

Indigenous, native, or tribal peoples exist in every region of the world, but they are perhaps most visible—and have become most politically active in the Americas. Indeed, the European settlement of the Western Hemisphere and resulting displacement and marginalization of the peoples living on the continent at the time has become a classic example of colonization. Today, approximately 400 indigenous groups of varying sizes remain in the Americas, comprising more than 30 million people—roughly 10 per cent of the population of the entire continent.
Procedural Shortcomings in the Defense of Human Rights: An Inequality of Arms
Authors: Vivanco Jose Miguel , Bhansali* lisa l.
Published: November 2023

Despite the transitions to democracy that have taken place over the past fifteen years, grave human rights violations continue to occur in Latin America and the Caribbean. Further most democratically-elected, civilian governments have failed to establish accountability for past and present violations; in fact, the region’s judiciaries are in crisis, and impunity is too often the norm for human rights violations and common crimes alike. Given this reality, a regional system of human rights protection is more needed than ever.
Policing The Risk Society
Authors: Ericson Richard V , Haggerty Kevin D
Published: November 2023

In this provocative new book, Richard Ericson and Kevin Haggerty contend that the police have become information brokers to institutions such as insurance companies and health and welfare organizations that operate based on a knowledge of risk. In turn, these institutions influence the ways that police officers think and act. A critical review of existing research reveals the need to study police interaction with institutions as well as individuals. These institutions are part of an emerging "risk society" where knowledge of risk is used to control danger. The authors examine different aspects of police involvement; the use of surveillance technologies and the collection of data on securities, careers and different social, ethnic, age and gender groups. They conclude by looking at how police organizations have been forced to develop new communications rules and technologies to meet external demands for knowledge of risk. This is the first book in this field to include detailed evidence of some of the central tenets of the risk society. It also includes a sophisticated examination of the risk society theory that will advance readers' knowledge considerably. With this book, the authors revolutionize the study of policing, and their work will impact heavily on scholars in criminology, social theory, and communications as well as policing and the public.
Community Policing and Risk Communications
Authors: Ericson Richard V , Haggerty Kevin D
Published: November 2023

The community policing model provides a rationale and a justification for the policing of risk society. Community policing rejects previous models of policing, including militarism (order maintenance), legalism (law enforcement), and professionalism (public service). In community policing the police are expected to work with local institutions and organizations to help them look after their own risk management.
Risk Institutions
Authors: Ericson Richard V , Haggerty Kevin D
Published: November 2023

Risk discourse is a product of institutions. Risks exist only in institutional knowledge about them. Each institution strives to freeze risks in time in the hope of creating a sense of structure and coherence about them and of making them more understandable and certain. To know a risk is to know how an institution classifies and establishes what the risk means and how it is to be responded to. To know an institution is to know how it selects and defines risks in ways that support and stabilize the institution.
Risk and Social Change
Authors: Ericson Richard V , Haggerty Kevin D
Published: November 2023

Risk society is not the result of abrupt change. Rather, chance has been subject to taming processes over a long period (Hacking 1990). For our purposes, however, it is not fruitful to try to pinpoint the origins of risk society with regard to time, place, and cause. Instead we will look more generally at some of the antecedents of the contemporary emphasis on bureaucratic surveillance and risk management.
Tracing Territories
Authors: Ericson Richard V , Haggerty Kevin D
Published: November 2023

A defining characteristic of the state is its claim to a monopoly on the legitimate use of force within its territory. Despite risk society ‘s fragmented sources of institutional power, the state remains dominant in matters of internal territorial security and in the use of force required to sustain such security. Although some of the state ‘s fiscal and knowledge based forms of power are rivalled by globalizing institutions in the private sector, the state still claims territorial monopolies: ‘All modern states have a more or less successful monopoly of control of the means of violence within their own territories. No matter how great their economic power, industrial corporations are not military organizations (as some of them were during the colonial period), and they cannot establish themselves as political/legal entities which rule a given territorial area ‘ (Giddens 1990: 71).
Securities
Authors: Ericson Richard V , Haggerty Kevin D
Published: November 2023

Policing the risk society involves policing forms of risk that transcend space and time. In Part IV we consider risks to securities, careers, and identities as nonterritorial dimensions of risk society that the police participate in.

In this chapter we examine how the police help to manage risks to securities. Securities are symbolic instruments - financial instruments, certificates of ownership, credentials, and so on - that attest to credit, ownership, identity, and achievements. Securities give assurance of the fulfilment of obligations and guarantee against the risk of loss. Securities contribute to the foundation of trust that is essential for the routine flow of institutional relations. The police are an important part of how institutions establish trust and efficiency through their security instruments.
Careers
Authors: Ericson Richard V , Haggerty Kevin D
Published: November 2023

People ‘s life-course careers are managed by institutions responsible for insurance, education, employment, welfare, sport, criminal justice, health, and finance. These institutions register accomplishments and failures, credentials and demerits, routines and accidents, experienced throughout the life-course. This knowledge is used to profile careers and to etch them into the institutional class structure of risk society. Class is constructed in terms of groups of people who share a particular institutional classification: high school graduates, recipients of $5,000 lines of credit, Alzheimer ‘s patients, people with criminal records, and so on. These classes exist as definitional sets for institutional purposes, not as communities that share a self-defined common interest.
Knowledge Risk Management
Authors: Ericson Richard V , Haggerty Kevin D
Published: November 2023

The police face the risk of having their organization overwhelmed by both externally derived risk criteria and the sheer volume of knowledge work. They have a strong sense of organizational risk and insecurity because of external demands for knowledge; a perpetual feeling of having insufficient knowledge; and a reflexive awareness that there are always systemic faults that can be corrected through better communication rules, formats, and technologies. As Manning (1982: 122) observes, organizations are ‘resources for conceptualizing, assessing and coping strategically with perceived threats from the posited environment and in many respects therefore are political entities. ‘
The Chimera of Social Integration
Authors: Murphy W T
Published: November 2023

In the course of elaborating his attractive and influential sociology of practice, Pierre Bourdieu sends certain echoes through the self-styled interpretive sections of the social science community: But the contemporary reality is more complicated than this, and the kinds of concerns with proof which taxed Weber3 are concerns which today engender ambivalence. In endless revisionist sociologies, there is a vacuous or gestural plea to restore the perspective of agency (while at the same time seeking to preserve the distinct identity of sociology from, say, history). Yet in many respects this has become a moorless rhetoric, outside the academic disciplines and the mass media which ‘individualize’ many phenomena and thereby exhibit their own inner tension between the simulated immediacy of presentation which individualization permits and the quantitative (and deeply sociological) variables which come into play in assessing their success--sales, viewing figures, and all the other market indicators with which we are now familiar.
Introduction
Authors: Scope A
Published: November 2023

This monograph examines the legal regulation of the use during international armed conflict of naval weapons systems. It is concerned with the regulation of the employment of violent means of coercion, i.e. with ius in hello. There is no discussion, therefore, of ius ad helium or of the appropriate scope of self defence and associated questions. Nor does the work address the issue of whether the law of war subsists in the era of the Charter of the United Nations.Finally, there is no consideration of the potential use of naval weapons in United Nations or United Nations-authorized peace-keeping or peace enforcement operations as such.
Naval Mines
Authors: Farragut Admiral David G , Navy US
Published: November 2023

Due to the stealth by which they each operate and the general absence of accountability on the open ocean, it is difficult to ascertain whether naval mines or submarines have caused the greatest loss of life at sea and destruction of ships since the tum of the century. Beyond doubt, mines are the naval weapon which have been produced in the largest number4 and which have been dispersed over the widest area. In this century, they have been used in virtually all conflicts having a naval theatre of operations, from the Russo-Japanese War of 1904-05 to the Iraq-Kuwait War of 1990-91. Naval mines also played a vital role in the planning for, and deterrence of, conflict between NATO and the Soviet Union.
Anti-Ship Missiles
Authors: Booth Ken
Published: November 2023

Anti-ship missiles are the primary weapon of modern strike/surface naval warfare. That is, they are the weapon of choice by which an attack is carried out against a ship on the surface of the sea. An anti-ship missile attack may be launched from the shore, from aircraft (including helicopters), from submarines or from other surface ships. In 1991 it was reported that seventy-one countries possessed anti-ship missiles. This number will have since increased, particularly as Russia seeks to earn foreign hard currency through the sale of sophisticated anti-ship missiles. Seventeen countries produce anti-ship missiles. While the number of types of anti-ship missiles is difficult to determine, there are certainly over fifty.
Conclusions
Authors: Schachter Oscar
Published: November 2023

The necessities of choice, the normative complexities of the law, the inadequacies of precedent and the great diversity of facts make it impossible to assume that the objective facts of prior State practice or the words of treaties will be enough for decisions when States differ substantially on the law. Specific conclusions pertaining to the regulation of the particular weapons system follow the analysis of the contemporary law in the relevant chapters of this monograph. Here a more encompassing and cohesive attempt is made to synthesize from those specifics so as to draw conclusions, albeit at times tentatively, that may be appropriate to naval weapons systems and the contemporary law of war viewed as a functioning whole.
Inadmissibility RatiOne Temporis
Authors: Amerasinghe C F
Published: November 2023

24.Time limits According to Article II of the Statute of the Tribunal:No … application shall be admissible, except under exceptional circumstances as decided by the Tribunal, unless … the application is filed within ninety days after … receipt of notice, after the applicant has exhausted all the remedies available within the Bank group, that the relief asked for … will not be granted. Regarding pension cases, Rule 22 of the Rules of the Tribunal provides that: Where an application is brought against a decision of the Pension Benefits Administration Committee of the Bank, the time limits prescribed in Article II of the Statute are reckoned from the date of the communication of the contested decision to the party concerned.
Discretionary Power
Authors: Amerasinghe C F
Published: November 2023

General i.72. The Tribunal recalls, of course, the distinction drawn in Gyamfi, WBAT Reports, Decision No. 28 [1986], between disciplinary actions and actions involving managerial discretion including, in particular, performance evaluation. In respect of the latter, ‘The final decision in this respect rests with the Respondent as long as the exercise of discretion is not discriminatory, improperly motivated, based on error of fact or otherwise tainted by abuse of power’ (paragraph 40). It is not, therefore, for the Tribunal to substitute its discretion for that of management in deciding the extent to which, if at all, the copper salvage episode could properly have an effect upon the Applicant’s performance rating and associated salary increase as determined by reference to managerial, in contrast to disciplinary, considerations.
Substantive Irregularity
Authors: Amerasinghe C F
Published: November 2023

Abuse of discretion i.29. The Applicant also contends that the Respondent’s salary action in 1990 is an impermissible abuse of discretion. The alleged abuse is expressed in terms particular to the circumstances of the Applicant’s case and starts from the premise that the Applicant was deprived of rights ‘which had been secured prior to the adoption of the new salary administration arrangements’ or of rights which were the subject of ‘specific promises’. The Tribunal is unable to identify the specific promises which the Applicant thus invokes. As already stated in paragraph 26 above, the undertakings given to him in 1985 and 1986 were expressly stated to be limited to two years; and the memoranda of 1988 and 1989 cannot be interpreted in the way which the Applicant asserts.
Performance
Authors: Amerasinghe C F
Published: November 2023

Evaluation i.34. Several contentions of the Applicant in this regard are not justified. In particular, the record does not support the suggestion that the Respondent intended to punish the Applicant for having made complaints. With respect to the Applicant’s contention that the management of his Department was in disarray, there is no evidence that, even if this were a fair characterization of conditions within his department, this undermined the validity of his performance evaluations. Such evaluations were generally done in due course and the delays that took place cannot in themselves be considered as constituting a procedural irregularity. It should be noted, furthermore, that a proper evaluation does not require that every person related to the Applicant’s work should be consulted.38…. The fact that the management was not satisfied with the Applicant’s performance is well established and the pertinent evaluations do not depart from applicable Staff Rules. The record does not provide any evidence that discretion might have been abused in this regard.
Recruitment
Authors: Amerasinghe C F
Published: November 2023

The Tribunal is of the view that the right to be considered for a regular appointment is not a fundamental or an essential element of the terms of employment of the Applicant. The reason is that any employee of the Bank who chooses to leave with a separation package is hardly likely to be anticipating reemployment or the conditions that the Bank would place upon such reemployment. That is particularly true in a case such as this, when the Applicant’s reemployment as a consultant took place some four years after she left the Bank, and when her reemployment was initiated by inquiries from the Bank rather than from her. The circumstances and terms under which a departing staff member is to be reemployed are too peripheral, speculative and remote to be regarded as fundamental and essential elements of his or her terms of employment.
Fixed-Term Contract
Authors: Amerasinghe C F
Published: November 2023

Expectancy i.39. The financial treatment given to the Applicant was not unfair because an ex-gratia payment covering the balance of his fixed-term appointment was offered and later combined with Special Leave. The Bank also paid the Applicant for the time worked on Special Leave. It follows that the Applicant did not suffer undue financial hardship in terms of what he could have reason ably expected under a three-year fixed-term con tract.
Termination
Authors: Amerasinghe C F
Published: November 2023

Redundancy i.35. The Tribunal does not accept the Applicant’s argument that his Bank service was terminated by virtue of redundancy. There are two kinds of appointments: one for an indefinite term and the other for a definite term. In the case of an appointment for a definite term, Staff Rule 7.01, paragraph 3.01, provides that it shall expire on the completion of the term, as specified in the staff member’s letter of appointment, as possibly amended. The Applicant’s letter of appointment, dated March 1, 1987, made him a ‘formal offer of a fixed-term appointment for a period of two (2) years’ and explicitly stated in the very first paragraph that ‘A fixed-term contract is not subject to automatic extension’.
Reorganization
Authors: Amerasinghe C F
Published: November 2023

See Sect. 7(a)
Miscellaneous
Authors: Amerasinghe C F
Published: November 2023

39. Nor does the Tribunal accept the argument that the Applicant’s right of privacy was compromised by the fact that his PPR was considered when disciplinary measures were taken. Performance reviews are intended to serve institutional objectives and, particularly, the improvement of performance so as to achieve the goals of the organization. In this regard, while the PPR may be protected by confidentiality, it cannot be considered a document protected by the right of privacy in the context of the Respondent’s disciplinary decisions. The Respondent will have the corresponding obligation of not allowing any misuse of such confidential information, for example by protecting the Applicant from having a PPR disclosed to third parties, but this is not alleged to have happened in this case.
Legal Aid Reform in France and the Republic of Ireland in the 1990s*
Authors: Cousins Mel
Published: November 2023

The comparative study of legal aid schemes has tended to focus on ‘leaders’ (i.e. those countries with more extensive legal aid schemes) and to ignore the ‘laggards’. Cappelletti’s study of legal aid, for example, was based on the assumption that the development of legal aid was tied to the modernisation of societies. Accordingly, those countries which did not have extensive legal aid schemes were seen as ‘Anachronisms in the Modem World’ (Cappelletti, Gordley and Johnson, 1975).
The Application of EC Law by National Courts
Authors: Jarvis Malcolm A
Published: November 2023

The decentralized system for the enforcement of European Community law, and the early development by the European Court of Justice (ECJ) of the dual doctrines of supremacy and direct effect, requires national courts of Member States to play a crucial role in the European legal order. Jarvis's book examines the application of European Community law by the national courts and assesses their increasingly important role in the judicial architecture of the Community. The author focuses on the application of the rules of the EC Treaty concerning the free movement of goods (Articles 30-36), one of the largest and most mature areas of substantive EC law. He has undertaken an exhaustive examination of relevant case law from the national courts of the United Kingdom, France and the Netherlands, while also covering the most significant developments in the courts of other Member States. Jarvis also examines the links between the huge corpus of case law and the implementation of EC law through Directives and national legislation. This ambitious book will be welcomed as a significant advance in our growing understanding of the importance of national courts in the EC legal order. From the authors Preface Selecting the appropriate balance in the title for this book was a difficult task. The dilemma was essentially whether the title should most reflect the emphasis in this work on the more general application of European Community law by national courts, or rather accent the specific area of the free movement of goods provisions within the EC Treaty. Since the issues arising from the application of the free movement of goods provisions by the national courts have such wide implications (being representative of the application of any of the other four freedoms and indeed the application of EC law by the national courts in general) it was felt that this should be reflected in the title. It is hoped that this work will add to the growing awareness of the pivotal role played by the national courts as the Community courts, whilst also providing a thought provoking analysis of the free movement of goods provisions in the EC Treaty
Article 30 And Imports
Authors: Jarvis Malcolm A
Published: November 2023

Article 30 of the EC Treaty governs the import of goods from other Member States. That Article provides for a strict prohibition on import restrictions in the following terms:Quantitative restrictions on imports and all measures having equivalent effect shall ... be prohibited between Member States.Two preliminary comments may be set out at this stage. Firstly, because of the fundamental importance of the principle of the free movement of goods, Article 30 has been strictly enforced.
Actually or potentially hindering intra Community trade
Authors: Jarvis Malcolm A
Published: November 2023

This final limb of the Dassonvilledefinition of measures having equivalent effect, namely that intra-Community trade be ‘actually or potentially’ hindered, has been the focus of great attention. It is the acceptance in this definition that even a potentialeffect on trade would be sufficient to bring Article 30 EC into play that has ensured an extremely broad scope for the application of Article 30 EC. Unfortunately, it has also ensured that the ECJ has encountered serious difficulties in maintaining a satisfactory and consistent body of case law. The striking breadth of the Dassonvilledefinition inevitably led to a need to locate the outer margins of the scope of Article 30 EC.
Article 36 Grounds of Justification
Authors: Jarvis Malcolm A
Published: November 2023

The EC Treaty provides for certain grounds which Member States may rely upon to justify infringements to the provisions concerning free movement of goods. Article 36 EC provides:The provisions of Articles 30 to 34 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.
Intellectual Property Rights
Authors: Jarvis Malcolm A
Published: November 2023

National intellectual property legislation, by its very nature, tends to contribute to a partitioning of the market along national lines. The very existence of such legislation inevitably restricts the free movement of goods and confiicts with the principle of market integration. At first sight, it would appear that the EC Treaty upholds the validity of national intellectual property rights.
Remedies for Breach of Rules on the Free Movement of Goods Before National Courts
Authors: Jarvis Malcolm A
Published: November 2023

The question of remedies for breaches of EC law before national courts has taken centre-stage in recent years. This issue is of enormous practical importance given its position as the last link in the process towards effective and uniform application of EC law. The application of EC law by national courts may be seen in three stages. The first stage requires the national courts to accord provisions of EC law supremacy and direct effect in the national legal system.
Getting The Measure Of Public Services: Community Competition Rules and Public Service Broadcasting
Authors: Smith* R Craufurd
Published: November 2023

Throughout their history public service broadcasters have been highly dependent on the state to provide a regulatory framework which would offer them a degree of protection from commercial competition. Many states initially granted their public broadcasters monopolies in the provision of radio and television services, but support is now more likely to be limited to financial assistance by way of government subventions or licence fee revenues and guaranteed access to terrestrial frequencies. Any loss of faith on the part of national governments in the need for state-assisted public services consequently poses a serious threat to the survival of public broadcasters, and it is little wonder that they invest considerable time and energy in seeking to maintain political support for their particular objectives and style of broadcasting.
Future Regulation Of Telecommunication Infrastructure in the EU
Authors: Reville* Nicholas
Published: November 2023

The Holy Grail of European policy on telecommunications (telecoms) infrastructure is to create a regulatory environment in which any user of it can receive any service from any operator using any technology.1 In the meantime, most European Member States have agreed that their nationally state-owned or controlled telecoms operators will relinquish their monopoly of basic telephony services from 1 January 1998. To facilitate the liberalization of the European telecoms market by that date the European Commission (the Commission) will unveil plans in January 1997 for a single pan--European telephone code as part of a move to harmonize the numbering system across the EU. To create a ‘European telephony numbering space ‘ the Commission wishes to take over the management and allocation of numbers from national regulators. It will also urge the introduction of common numbers across the EU for services such as free phones and motoring breakdown organizations.
Data Production And Press Freedom
Authors: Rasaiah Santha , Newell* David
Published: November 2023

‘The mere words ‘regulation of data protection ‘ have a curiously soporific effect. The sensible reaction of any normal person faced with the riveting combination of computer processing, European legislation, legal argument over interpretation and implementation, mechanistic rules, and ever more elaborate guidance would be to rush on, screaming, to something-anything--more exciting. This is a course of action with which media organizations, their lawyers, and the media which they represent not only sympathize but also deeply envy. They too wish that they did not have to grapple with data protection legislation. But they do and they must. Unlike the normal citizen, there is even a chance that they might escape some of the worst effects of data protection controls. Unless that chance becomes a reality, the new data protection regime could devastate the media. More than that, it should be an issue of concern to all. The most fundamental issues of freedom of expression, freedom of information, press freedom, and conflicting rights of individuals are indiscriminately enmeshed within the closing net of data protection legislation.
The European Human Rights Convention and Media Law
Authors: Lester Lord , Schiffrin Natalia
Published: November 2023

The two major cases decided by the European Court of Human Rights relevant to media law in 1996 were both against the United Kingdom.. The cases, brought under the European Convention on Human Rights ‘ Article 10 guarantee of freedom of expression,illustrate the historic tension within the Court over this important provision. These two cases (and the other minor decisions of the year) follow previously established patterns developed by the Court, which is usually generous in its approach to political speech and the rights of the press, and restrictive on morality, race hate speech, national security, and the reputation of the judiciary.
Libel Law
Authors: Shillito* Richard , Barendt Eric
Published: November 2023

This year saw the long-awaited enactment of the Defamation Act 1996, although not entirely in the same form as the Bill discussed in last year ‘s Review. At the time of writing, most sections of the Act have yet to be brought into force, so comment on the practical effect of the legislation would be premature. The significance of one controversial section, allowing MPs to waive Parliamentary Privilege, which was brought into force on passing of the Act, could not in the event be fully assessed, because a libel action which would have come to trilal as a result of the enactment of the section was settled out of court. In the courts, the impact of the Derbyshire and John decisions in particular has continued to be felt in cases involving privilege and assessment of damages respectively, some of which are discussed below.
Media Reporting Restrictions
Authors: Nicol Andrew , Rogers Heather
Published: November 2023

The media have only modest rights of access to court documents. In the High Court RSC Order 63 rule 4(1) gives any person the right to inspect ‘the copy of any writ of summons or other originating process ‘ and any judgment or order given or made in court. A statement of claim specially endorsed on the writ is part of the writ and so open to inspection. This can sometimes lead libel plaintiffs to opt for a bland general indorsement of the writ with the words complained of set out in a separate statement of claim. This will not attract a right of inspection even if it is served simultaneously with the writ.
Broadcasting And Cable Services
Authors: Ballard* Tony
Published: November 2023

1996 saw a new Charter for the BBC in May, a new Broadcasting Act in July, invitations to apply for the new digital multiplex licences in October, and the re-regulation of conditional access systems for digital television in December. Government policy still offers public-service broadcasting as a beacon for broadcasters to navigate by as they are blown by economic forces in directions which are increasingly difficult to discern, but how long it will continue to do so is beginning to be a matter for legitimate debate, as the maintenance of public service broadcasting seems increasingly to pose paradoxes and difficulties.
A New ‘Seascape’ for Obligations: Reclassification on the Basis of Measure of Damages
Authors: Stapleton Jane
Published: November 2023

Even those sceptical of the wider claims of restitution scholars should con cede that they have fruitfully focused our attention on the classification and interrelation of private law obligations. They have reminded us that, for the same reasons we need language to communicate, we need to classify obliga tions in order to handle effectively the analysis of their complex nature. But just as with languages, there is no ‘correct’ or ‘best’ classification of obliga tions, a lesson which astute studies of comparative law can continue to teach us.
Private Law, Economic Rationality and the Regulatory State
Authors: Deakin Simon
Published: November 2023

Within the theory of private law, a central role has been accorded to the process of classification. Classification arises at the level of determining the scope and nature of particular areas of civil obligation and, more generally, as part of the process of delimiting the sphere of private law itself. In the work of Ernest Weinrib, these two aspects of legal classification are intertwined: his claim that private law exhibits a coherent internal classification of obliga tions is part of a wider argument to the effect that private law should be seen as autonomous from other areas of law, and in particular from public law.
Conceptual and Methodological Issues
Authors: Hoyle Carolyn
Published: November 2023

Chapter 1 described the intention of the Thames Valley study to unite different theoretical approaches to satisfy a range of aims. An eclectic approach to methods was deemed to be necessary in order to achieve theoretical triangulation. Hence, I chose not to restrict myself to using either positivist or interpretative methods, but to adopt a pragmatic approach to data collection. It was decided to use any appropriate method in as accurate a way as possible: to unite holistic analysis, which is characteristic of the positivists, and atomistic analysis, characteristic of the interpretive sociologies.
The Situational Determinants of Police Decision-Making
Authors: Hoyle Carolyn
Published: November 2023

In Chapter 4 it was argued that officers’ responses to incidents of domestic violence are shaped by the organization of policing: the way in which they are trained; their organizational goals; technology; resources; the style of policing and procedural law. These might be referred to as ‘structures’, but they are inevitably influenced by, and, in turn, influence, sub-cultural norms, values, and beliefs. This chapter draws on observation of officers on patrol, and interviews with officers and (less often) victims.
Interrogating the Role of the Victim
Authors: Hoyle Carolyn
Published: November 2023

Feminists in the 1970s, on recognizing the enormity of the problem of domestic violence, were outraged at the state’s apparent lack of interest. However they were concerned not only, or even primarily, with the inadequate response of the criminal justice system, but with the causes of domestic violence-the unequal power relations between men and women, and women’s political and economic subordination.
Cross-Cultural Perceptions of Disability: Policy Implications of Divergent Views
Authors: Renteln Alison Dundes
Published: November 2023

The existence of persons with varying degrees of abilities is a normal part of all societies in all historical periods. Societies vary as to which particular disabilities matter, the extent to which individuals with those particular traits are stigmatized, and the types of restrictions placed on disabled persons’ participation in social life. This chapter is concerned with cross-cultural differences in the manner in which societies interpret disability. Disability encompasses those traits regarded as deviating from a culturally constructed norm. Cross-cultural analysis of disability is liberating because it shows that stigma is not necessarily associated with ‘difference’ and that different disabilities evoke differing responses depending upon the cultural context. In this chapter, I examine the implications of cultural relativism for theorizing about disability.
The Potential of Disability Non-discrimination Laws
Authors: Herr Stanley S
Published: November 2023

Disability discrimination laws can be a potent tool to safeguard the rights and meet the needs of persons with intellectual disabilities. In the United States, the Americans with Disabilities Act of 1990 (ADA) is highly specific and has achieved results for groups and individuals. In Israel, the Equal Rights for Persons with Disabilities Law of 1998 (ERPDL), while relatively untested, combines both non-discrimination and self determination provisions. Many countries feature disability rights over sight agencies, such as the United Kingdom’s Disability Rights Commission (established in conjunction with the Disability Discrimination Act of 1995 (ODA)), or Sweden’s Disability Ombudsman that oversees disability non discrimination laws for the benefit of persons with intellectual and other disabilities.
Respecting Persons with Disabilities and Preventing Disability: Is there a Conflict?
Authors: Asch Adrienne , Gostin, Lawrence 0. , Johnson Diann M
Published: November 2023

I feel so cheated. You were so perfect, my little one the small life inside of me my tummy still flat, I knew you were growing the first flutter then a kick A boy or a girl? we wondered. But never would you be right the whole time you grew from pinpoint tiny to person-sized you were never right never perfect We rejoiced and planned we raised glasses to toast and cried tears of joy through autumn, then winter You kicked and stretched my tummy swelled But even then you were different even then you didn’t look like us or think like us Precious as you were, a life we created you weren’t the baby we waited for The showers, the painting, the preparation the excitement and anticipation we waited to meet and love the person we had already loved and dreamed of for months while you grew But all the time you were different not the normal, healthy child we prayed for and felt sure was coming.
The Economics of Equality: An Exploration of Country Differences
Authors: Noble John H
Published: November 2023

Adopted 20 December 1971, General Assembly Resolution 2856 (XXVI) proclaims the United Nations (UN) Declaration on the Rights of Mentally Retarded Persons and reaffirms ‘faith ... in the principles of peace, of the dignity and worth of the human person and of social justice ‘ Calling for national and international action to secure the same rights as other human beings, ‘to the maximum degree of feasibility’, among other things, the Resolution champions ‘a right to proper medical care and physical therapy and to such education, training, rehabilitation and guidance as will enable’ persons with mental retardation to realize their maximum potential.
Voices of Self-Advocates
Authors: Levitz Mitchell
Published: November 2023

Each of us has the right to dream and the right to try to make our dreams come true. This chapter is an account of some of my dreams and the challenges that I have faced as a person living with an intellectual disability making these dreams come true. Although the chapter largely discusses my personal challenges and some of the lessons I have learned along the way, I hope that the reader will consider how my life experiences can be applied to other people with similar kinds of challenges. I encourage you to use examples of my experiences to help erase negative stereotypes and improve public attitudes about persons with intellectual disabilities. I likewise hope that my thoughts and ideas will serve as a framework for advocates and policymakers around the world to improve the quality of life of people with intellectual disabilities.
The United Kingdom
Authors: Verhulst Stefaan
Published: November 2023

One major characteristic of the UK is its gradualism; despite all predictions of revolution and profound change, UK media development is generally slow but continuous. A recent report published by the Department of Trade and Industry (DTI) stated that the main characteristic of the so-called ‘Information Society’ is a general uncertainty about its shape. This uncertainty is only too obvious if the track records of other technologies are considered. Implementation of ISDN, EC-promoted unified telecoms, high definition television, UK cable television, a UK fibre-optic network, etc, has dragged on for years. The former Minister for Information and Technology predicted in 1982 that ‘by the end of the decade multi-channel cable television will be commonplace countrywide ... TV will be used for armchair shopping, banking, calling emergency services and many other services’.
The European Institutions
Authors: Verhulst Stefaan , Goldberg David
Published: November 2023

This chapter looks at legal responses to regulating the changing media in a European context, focusing on the two main intergovernmental organisations: the European Community and Union and the older, more inclusive Council of Europe. Apart from being of European importance, they are two of the main global drivers of policy and standards for the changing media. The Community’s overall approach alternates between treating the sector as a cultural good or as an economic commodity. The Council is rather less ambivalent: the media are simultaneously both the means for realising the human right of freedom of expression and a principal condition for consolidating democracy or bringing it about in certain areas of the European audio-visual area. Generally, the Council’s activities build a cumulative normative framework for media and communications based on certain, specific values. Indeed, as early as 1968,
Conclusions
Authors: Goldberg David , Prosser Tony , Verhulst Stefaan
Published: November 2023

If anything is clear from the material in this study it is that national and cultural differences remain of enormous importance in shaping both the changing media and their regulation; there has been no straightforward move to uniformity under the pressure of technological change.1 In this respect we would begin by echoing the point made recently by institutional approaches to politics and economics: namely, that approaches to policy development which see it as a process of resolving essentially technical tasks assumed to be similar in any market-oriented economy neglect the particular constraints of political and legal culture which may be of the utmost importance. One point of particular relevance is that convergence is at radically different stages in each of the countries studied, and that this has been the result of a number of factors including differences in legal and political structures.