bluuebunny/crossref_metadata_2025 huggingface dataset:
Assessing scientific literacy skill perceptions and practical capabilities in fourth year undergraduate biological science students
Authors: Cartwright Nadia M , Liddle Danyelle M , Arceneaux Benjamin , Newton Genevieve , Monk Jennifer M
Published: August 2020

In a fourth year undergraduate nutritional toxicology course that included an instructional emphasis on scientific literature critique activities and assessments, we determined the change in students’ (n=144) scientific literacy (SL) skills. The change in students’ perceived and practical SL skills were determined by the completion of two surveys, administered at the start and end of the semester. Additionally, we conducted a follow-up SL survey at the end of the subsequent academic semester (i.e., four months later) to determine if students retained any improvements in their SL skills. Over the semester, students showed improvements in their perceived capabilities of all SL skill parameters assessed (P<0.05); however, the most significant gains were apparent in the areas of i) knowledge application (specifically identifying novel problems or research questions and using new information to address unfamiliar problems or knowledge gaps), and ii) knowledge translation and communication (translating complex information from the scientific literature into clear and understandable terms). There was no change in students TOSLS score between the start and end of the semester (P>0.05). In the follow-up SL survey students showed further improvements in their perceptions of the SL skills for 7 or the 10 parameters assessed compared to the end of the previous semester (P<0.05), however, there remained no change in their practical SL skills assessed using TOSLS. Collectively, these data demonstrate that students’ perceptions of their SL capabilities may not align with their practical capabilities.
De uitbreiding van de sluitingsbevoegdheid in artikel 174a Gemeentewet en de taak van de burgemeester als sheriff
Authors: van der Vorm B.
Published: August 2020

De uitbreiding van de sluitingsbevoegdheid in artikel 174a Gemeentewet en de taak van de burgemeester als sheriff

In het verband van de aanpak van ondermijnende misdaad zal de sluitingsbevoegdheid, die is neergelegd in artikel 174a, eerste lid, Gemeentewet, worden uitgebreid met twee nieuwe sluitingsgronden. Op deze wijze kunnen woningen ook worden gesloten indien de openbare orde door ernstig geweld of geweld wordt verstoord. Hoe moet deze uitbreiding worden aangemerkt? Is het vooral een instrument voor de burgemeester als openbare-ordehandhaver of als sheriff? In dit redactioneel wordt betoogd om een wettelijke taak voor de burgemeester in de bestuurlijke aanpak van misdaad te ontwikkelen.
Een analyse aan de hand van het faillissementsstrafrecht van de strafrechtelijke risico’s voor ondernemers ten tijde van de coronacrisis
Authors: Oosterhof S.B. , Dudok van Heel F.A.
Published: August 2020

Een analyse aan de hand van het faillissementsstrafrecht van de strafrechtelijke risico’s voor ondernemers ten tijde van de coronacrisis

Ondernemers die financieel werden getroffen door de gevolgen van de coronacrisis konden vanaf april 2020 aanspraak maken op diverse financiële steunmaatregelen van de overheid. De regering kondigde direct aan hard te zullen optreden tegen misbruik van deze noodmaatregelen. In dit artikel worden op grond van het faillissementsstrafrecht de risico’s geanalyseerd voor ondernemers en ondernemingen die, ondanks aan hen uitgekeerde noodsteun, failliet worden verklaard.
The Genius of the Common Law
Authors: Ackner Lord
Published: August 2020

The Genius of the Common Law
The Judicial Approach to Injunctions in Letters of Credit and Performance Bond Transactions: The Fraud Exception Re-examined.
Authors: Odeke Ademuni
Published: August 2020

The Judicial Approach to Injunctions in Letters of Credit and Performance Bond Transactions: The Fraud Exception Re-examined.
MORE LAW - LESS ORDERLINESS
Authors: Durand Andrew
Published: August 2020

MORE LAW - LESS ORDERLINESS
THE PROMISED CONSTITUTION OF THE PROMISED LAND:THE ISRAELI CONSTITUTIONAL EXPERIENCE
Authors: Sigal Z , Rehany A S
Published: August 2020

THE PROMISED CONSTITUTION OF THE PROMISED LAND:THE ISRAELI CONSTITUTIONAL EXPERIENCE
FAMILY JUSTICE AND FAMILY VALUES ACCORDING TO LORD DENNING
Authors: Freeman M D A
Published: August 2020

FAMILY JUSTICE AND FAMILY VALUES ACCORDING TO LORD DENNING
PROVOCATION: TO BE OR NOT TO BE AN ATTRIBUTED CHARACTERISTIC
Authors: Parsons Simon
Published: August 2020

PROVOCATION: TO BE OR NOT TO BE AN ATTRIBUTED CHARACTERISTIC
UNCONSCIONABILITY AS A UNIFYING CONCEPT IN EQUITY
Authors: Pawlowski Mark
Published: August 2020

This article seeks to examine the extent to which a unified concept of unconscionability can be used to rationalise related doctrines of equity, in particular, in the areas of (1) unconscionable bargains, undue influence and duress (2) proprietary estoppel (3) knowing receipt liability and (4) relief against forfeitures. The conclusion is that such a process of amalgamation may provide a principled doctrinal basis for equity’s intervention which has already found favour in the English courts.
DOUBLE INVOICING IN INTERNATIONAL TRADE: THE FRAUD AND NULLITY EXCEPTIONS IN LETTERS OF CREDIT – ARE THE AMERICA ACCORD AND THE UCP 500 CROOKS’ CHARTERS!?
Authors: Odeke Ademuni
Published: August 2020

This article: First, (a) re-examines the fraud exception rule in letters of credit transactions with specific reference to the United City Merchants v Royal Bank of Canada (the American Accord) and against the background of a recent commonwealth decision accepting nullity as a new exception; (b) evaluates its impact on over/under invoicing under the WTO Agreement on Pre-shipment Inspection of Goods in International Trade (PSI); and (c) assesses its implication on the IMF Agreement on Exchange Control implemented in the UK by the IMF Agreement Regulations 1946 made under the IMF Agreement Acts 1945 as amended. Secondly, it argues that the current UCP 500 is outmoded and inadequate to meet current needs and is therefore in need of urgent revision. Thirdly, it recommends, inter alia, that in accordance with the said commonwealth decision, fraud by third parties should be recognised by English law as an independent and separate nullity exception. Fourth, and finally, it concludes that the status-quo acts as an unwitting Crooks’ Charter for money launderers, documentary fraudsters and other white collar crimes.
JEHOVAH’S WITNESSES – MEDICAL CARE, MINORS AND THE RELIGIOUS RITE/RIGHT
Authors: Ziebart David
Published: August 2020

Responsible and caring parents seek the best possible medical care for their children. In the case of parents who are Jehovah’s Witnesses their religious beliefs prohibit medical intervention which uses blood. This prohibition specifically includes the refusal of blood transfusions even where such a refusal may result in the death of the person concerned. Jehovah’s Witnesses as a result are often viewed with animosity or contempt, considered foolhardy and recklessly disregarding life, martyring themselves and their children. This article seeks to examine the religious origins of the blood prohibition and attempts to set the rationale for refusal in its religious context. It also explores the approach of the courts in the UK, the US and Canada to Jehovah’s Witnesses children (supported by their parents) including those who have expressed a wish to refuse such treatment or else have been too young to do so. It concludes with presenting such refusal as a religious right which it is argued engages article 9 of the European Convention on Human Rights (ECHR).
It all started with Gunner James
Authors: Harvey Cameron
Published: August 2020

It all started with Gunner James
Lord Denning: An Antipodean Appreciation
Authors: Kirby Michael J
Published: August 2020

Lord Denning: An Antipodean Appreciation
DISGORGEMENT DAMAGES FOR BREACH OF CONTRACT
Authors: Temple Adam
Published: August 2020

Gain-based damages for breach of contract are often viewed as anomalous, and lacking a clear rational basis. This article seeks to provide a theoretical basis for the requirement to disgorge profits gained through breach of contract.  By looking at the core contractual obligation, it can be seen that a contracting party has two ways in which they can fulfil their promises. They can pay damages where they fully compensate the other party, or they can perform. Where damages are inadequate, the contracting party must perform. Failure to perform in such circumstances should be prevented, and it is argued that disgorgement of profits is a suitable deterrent to such contract breakers. It is suggested that the law should act in this way to protect the facilitative institution of contract.
BACK TO THE FUTURE – NOT ROCKET SCIENCE: SOME THOUGHTS ON 20 YEARS OF CONSULTATIONS ON THE FUTURE OF THE BVC AND PUPILLAGE
Authors: Burton Frances
Published: August 2020

In the last two decades opportunities for exasperation in the vocational legal education constituency have been mounting as paper after paper has been published (and dutifully responded to by the various stakeholders) on reform of the Bar Vocational Course (“BVC”).  This has only recently been at least temporarily stemmed by the report of the newly created Bar Standards Board (“BSB”) on Deferral of Call in June 2007,1 albeit immediately followed by the announcement of further reviews of the BVC and pupillage.  This is not to mention a plethora of consultations and papers, which have gone before, including those earlier considered by the Standing Committee on Legal Education.
CALLING KOSOVO’S CONSTITUTION: A LEGAL REVIEW
Authors: Doli Dren , Korenica Fisnik
Published: August 2020

One of the world’s youngest constitutions, the Constitution of Kosovo not only summarises the international community’s prescribed obligations towards Kosovo’s polity and establishes the polity per se, but also determines Kosovo’s governing system and prescribes the rights and liberties of Kosovo’s citizens. The constitution also determines the extra rights of ethnic minorities and assigns guarantees for their participation in public life. The constitution, moreover, specifies its relationship with the Ahtisaari Plan and lays out the international civilian representative’s position in Kosovo. To better understand these attributes, this paper shall conduct both a legal review of the Kosovan Constitution and draw some conclusions about the governing system and model of democracy established by the constitution.
Patchett and another v Swimming Pool & Allied Trades Association Ltd [2009] EWCA Civ 717
Authors: Halladay John
Published: August 2020

SURVIVING A FALL INTO THE DEEP ENDIn spite of the vast increase in contracts entered into over the internet, there are still very few appellant level cases concerning this process.  It was therefore of great interest when the Court of Appeal gave its decision in Patchett and another v Swimming Pool & Allied Trades Association Ltd [2009] EWCA Civ 717.
TRAPPED IN LEGAL DISCOURSE: TRANSRACIAL ADOPTION IN THE UNITED STATES AND ENGLAND
Authors: Sargent Sarah
Published: August 2020

“Making the NABSW the villain of the story, making that group  responsible for why black children were disproportionately in the child welfare system, misses that organization’s real and substantial contribution to this debate: it tried to call attention to the ways black single mothers are targeted by the child protection systems, and tried to defend those mothers”.There are large numbers of ethnic minority children in state child care that are awaiting adoptive families. For many, these adoptive families never materialise. This is true in the United States as well as in England. Some argue that the solution is to promote transracial adoption—for white adoptive families to adopt ethnic minority children. The idea of transracial adoption is a highly emotive one, bringing together issues of race and adoption, both of which on their own can bring forth strong visceral reactions
A re-appraisal of The Haringey London Borough Council v C (A Child), E and Another
Authors: Egede Hephzibah
Published: August 2020

SHROUDED GENDER AND REPRODUCTIVE ISSUES IN CHILD WELFARE AND PROTECTION PROCEEDINGSThis commentary examines the case of Haringey London Borough Council v C (a child), E and another (referred subsequently in this article as the Haringey LBC case). The case focused on child protection issues under the Children Act 1989 (the 1989 Act) arising from a UK charity’s claims that it could provide infertile couples with miracle babies through supernatural means.
Annulment Funding Co Ltd v Cowey and another [2010] EWCA 711 First Plus Financial Group v Hewett [2010] EWCA Civ 312
Authors: Halladay John
Published: August 2020

RECENT PROBLEMS IN UNDUE INFLUENCEAfter the flood of litigation at the end of the 20th Century, it was hoped that the House of Lords decisions in O’Brien and Etridge would put an end to the uncertainties facing those wishing to take security over a family home.  But as seen in the recent Court of Appeal decisions in Annulment Funding Co Ltd v Cowey and another [2010] EWCA 711 (“Cowey”) and First Plus Financial Group v Hewett [2010] EWCA Civ 312 (“Hewett”), there still remain some interesting questions and potential problems for the unwary lender.
DIVORCE IN ENGLAND AND WALES: TIME FOR REFORM
Authors: Welstead Mary
Published: August 2020

The clamour of voices crying out for reform of the law relating to financial provision on divorce is regularly heard. The judiciary, the academic community, lawyers and prospective divorcees have all expressed concern about the problematic nature of the current law and the urgent need for change.1 Yet these same voices rarely draw attention to the major defects inherent in divorce law itself. The battle for divorce reform which dominated the family law debate during the latter part of the 20th century appears to have been abandoned, along with the decision in 2001 by Lord Irvine of Lairg, the then Lord Chancellor, not to bring into force the major reforms to divorce law contained in Part II of the Family Law Act 1996 (see below). There is now an uneasy and, for the most part, a silent acceptance that the majority of spouses who want to bring their relationship to a legal end will find a way of doing so. The fact that they might have to resort to a massaging of the law, which may at times border on outright dishonesty, to secure their freedom and the right to embark on a new legal relationship, is largely ignored. Indeed in many family law textbooks and family law courses, the topic of divorce is barely discussed. It is viewed as an administrative process with little legal content to it. The few cases which do come before the courts are given similar scant treatment, even when they draw attention to the fundamental problems in the current law, a law which is both outdated and confusing.
THE LIBYAN INTERVENTION: LEGITIMACY AND THE CHALLENGES OF THE ‘RESPONSIBILITY TO PROTECT’ DOCTRINE
Authors: Philips Edward
Published: August 2020

The potency of the phrase „The Arab Spring‟ remains undiminished by its over-use since a young Tunisian man, Mohamed Bouazizi, set himself on fire on 18 December 2010. In much the same way as the domino effect of the fall of the Berlin Wall, references to the Arab Spring provide a short-hand description of the wave of public demonstrations and violent reprisals that have occurred, and continue to occur, across the entire Middle East. The fall-out of these events have also spread beyond the region; for instance, the coup d’etat in Mali (21 March 2012) and even the protests attendant upon the presidential election of Vladimir Putin in Russia have all been ascribed to this climatic event. Crucially, the Arab Spring has also resulted in the adjustment and re-alignment of global politics and alliances. No better example of this is provided by the undignified scramble by US politicians on both sides of the political divide to sunder their long-standing political, economic and military support of the regime of Egypt‟s Murbarak. And, ultimately, it has required western powers to attempt reconciliation with political Islam, or at the least, with the alleged „moderate‟ powers of the Islamic Brotherhood, who appear to have achieved their long-sought political ambitions through the ballot box.
DAEJAN INVESTMENTS LTD V BENSON [2013] UKSC 14, [2013] 1 WLR 854, [2013] 2 ALL ER 375
Authors: Pettit P H
Published: August 2020

In this important case on the Landlord and Tenant Act 1985 (as amended by the Commonhold and Leasehold Reform Act 2002) the Supreme Court, by a bare majority, allowed the appeal against the decision of a Leasehold Valuation Tribunal (LVT) which had been affirmed by, first, the Upper Tribunal (Lands Chamber), and, secondly, by the Court of Appeal. Almost all long leases of flats contain an obligation on the landlord (or a service company) to provide services, such as repairing the exterior and common parts of the block, and a concomitant obligation on the tenants to pay service charges. The right of the landlord to recover such service charges depends on the terms of the particular lease, but the 1985 Act and the Service Charges (Consultation Requirements)(England) Regulations 2003 impose certain statutory requirements and restrictions on a landlord, which impinge on its ability to recover service charges. These requirements are designed to ensure that tenants of flats are not required (i) to pay for unnecessary services or services which are provided to a defective standard, and (ii) to pay more than they should for services which are necessary and have been provided to an acceptable standard.
IS IT TIME TO KILL OFF HAMPSHIRE LAND?
Authors: Alcock Alistair
Published: August 2020

In the early development of English Company Law it was doubted whether a company could be deemed to have the necessary “malice or motive” for most criminal and many tortious liabilities. This view was rejected by the Privy Council in Citizens’ Life Assurance Co Ltd v Brown, which led to the concept of a company having attributed to it personally (as against vicariously) the thoughts and actions of its “directing mind and will”. This was famously explained in a further House of Lords decision, Lennard’s Carrying Co Ltd v Asiatic Petroleum Co Ltd.
THE STORY OF RAPE: WRONGDOING AND THE EMOTIONAL IMAGINATION
Authors: Watt Bob
Published: August 2020

This is a response to John Gardner’s article – The wrongness of rape. It claims that Gardner is fundamentally or radically wrong; not by attacking his careful and well-constructed argument from the ‘inside’ – by attempting to demonstrate some logical flaw in his argument – but by attacking his world-view. He shows us a world which simply does not accord with reality as perceived in our everyday lives by most, or all, of us. Whilst many philosophers, and certainly most philosophers of law, analyse the world in the way exemplified by Gardner, it is to be hoped that they reserve this analysis to their professional lives and do not make the mistake of thinking that it is connected with reality. For them reason prevails with emotion being relegated to the status of a mere ‘epiphenomenon’; whilst, for most of us, our emotional life is at least as important as our rational life.This article is an invitation to Gardner and others to make a ‘paradigm shift’ in the sense proposed by Thomas Kuhn. Kuhn, in his explanation of the history of cosmology, showed how in order to explain the observed motion of the planets increasingly complicated systems of circular orbits were used (consisting of cycles, epicycles, epi-epicycles and so forth). These complex systems of orbits were used to explain the motion of the planets round the sun because people refused to believe that the planets could move in anything other than perfect circles. However, as the observational data grew it became clear that no system of circular orbits, no matter how complex, could explain the observations. When Johannes Kepler advanced the work of Nicolas Copernicus, Tycho Brahe and Galileo Galilei and showed that the orbit of Mars could be best modelled by showing that it was elliptical, the problem was solved. Similarly, it is averred that no system of purely rational explanation, such as that advanced by Gardner, can explain the wrongness of rape. The explanation needs to start from a different position by explicitly including emotion in the explanation.
NO BURQAS WE’RE FRENCH! THE WIDE MARGIN OF APPRECIATION AND THE ECtHR BURQA RULING
Authors: Edwards Susan
Published: August 2020

In the 1970s in parts of the Middle East and in the Gulf, (United Arab Emirates, Oman and Qatar especially), the burqa or niqab when worn was worn by women from tribal regions only. Otherwise known as a ‘batoola’ this garment is a head and face covering with an area of mesh covering the eyes, another variation is provided by a mask covering the face and nose. Jonathan Raban in 1979 observed such sights in London ‘...it was on the Earl’s Court Road that I first saw the strange beak shaped foil masks of Gulf women...’ There has been a modernist revival in these once rare face coverings for a multiplicity of reasons and correspondingly the wearing of them contain several meanings. The burqa is worn for political, religious and other reasons, but also although not exclusively it is a garment intended to keep women in subjection. Stuart Hall in interpreting the work of Frantz Fanon’s 1960’s writings on the burqa (then called the veil) for Algerian women, explained ‘no sign is fixed in its meaning’emphasising the fluidity of the burqa and also its capacity for appropriation by others. This is also true when considering the symbolic significance of the burqa today. Wearing it is defended as a right to choose, albeit in parts of Asia, for example in Afghanistan in the tribal regions, the burqa is a requirement for women. Whilst in some parts of Africa and the Middle East wearing the burqa is expressly prohibited. In the West and on the streets of London (following recent patterns of migration) the burqa is an increasingly common sight, and whilst it might have been worn by a woman who was subject to the norms of her own society and merely visiting the United Kingdom, many women who choose to settle in the United Kingdom and desire United Kingdom nationality are also wearing the burqa. This demonstration and visible representation of otherness has created anxiety, provoked public debate and criticism, and in France and Belgium, prohibition.
DOES THE JUDGMENT OF THE CJEU IN GAZPROM BRING ABOUT CLARITY ON THE GRANT OF ANTI-SUIT INJUNCTIONS UNDER THE BRUSSELS I REGULATION?
Authors: Sundaram Jae
Published: August 2020

On 13 May 2015 the CJEU delivered the much anticipated judgment in Gazprom OAO v Republic of Lithuania. The CJEU had before it issues relating to the grant of anti-suit injunctions by member state courts/arbitral tribunals to enforce arbitration agreements, and also, most importantly if the Brussels I Regulation would apply to the case at hand. The case gains in significance, as the Advocate General (AG) had in December 2014, while giving his opinion on the matter had proceeded to apply a ‘future law’ on a matter pending before the courts, strongly recommended that the CJEU reconsider its judgment handed down in Allianz v West Tankers(The Front Comor). Earlier, in the West Tankers case the CJEU ruled that it was incompatible with the Brussels Regulation for the court of a EU Member State to grant an injunction restraining a party from commencing or continuing court proceedings brought in breach of an arbitration agreement. In reaching this decision, the CJEU held that if proceedings were to come within the scope of the Brussels I Regulation, then a preliminary issue concerning the validity of an arbitration agreement also came within the scope of the Regulation.
POWER OF PERSUASION
Authors: Bray Richard
Published: August 2020

Sir Louis Blom-Cooper has had a distinguished career as QC, Chairman of Inquiries, advocate of Human Rights and campaigning author. This book is a collection of essays on topical and controversial issues. As one would expect of the author, he constantly expresses individual views and challenges orthodox opinion. The essays cover such diverse subjects as judicial review, Human Rights, the need for a new Homicide Act, trial by jury, criminal sentencing and penal policy, media freedom and regulation of the Press and include a number of diverting tales from his life at the Bar and pen-portraits of leading judges. It is only possible within the scope of this review to comment on some of the essays.
GORDON GOLDBERG
Authors: Edwards Susan
Published: August 2020

Gordon Goldberg, LLB, MA, Barrister, (1938-2015) former Reader in Law and Master of Moots at the University of Buckingham  died on 13 June 2015. The University received many tributes from Alumni and former academic colleagues. We cannot print them all but we are sure our readers would wish to share in some of them.
THE NUREMBERG TRIALS AND THEIR LEGACY FOR THE RIGHTS OF PATIENTS AND RESEARCH SUBJECTS
Authors: Weindling Paul
Published: August 2020

When does clinical research designed to save lives and advance medicine become assault and murder? In the twentieth century the line between legitimate research on human subjects and criminal assault has been variously drawn. The demands of the researcher and the voice of the research subject and patient have received varying recognition. With the upswing of clinical research in the early twentieth century and some dramatic breakthroughs in medicine there was a tendency to heroise the researcher in the ‘fight’ against disease. In Nazi Germany, there were strong pressures to conduct research on lives deemed worthless in the hope of producing valuable breakthroughs in medical research to benefit the nation and race. After all, if the mentally ill and racially inferior Jews and Gypsies were going to be killed, their bodies might still serve a useful purpose. After WW2 the Nuremberg Trials were conducted on the basis of ‘crimes against humanity’, and by documenting wartime atrocities did much to safeguard human rights and dignity. After the four-power International Military Tribunal at Nuremberg came the trial against 20 Nazi doctors and three SS administrators: this concluded with a declaration on the conduct of research based on the autonomy and consent of the research subject.
THE MODEL FOR A PATH FORWARD. A PROPOSAL FOR A MODEL LAW DEALING WITH CYBER-SQUATTING AND OTHER ABUSIVE DOMAIN NAME PRACTICES
Authors: Plotkin James
Published: August 2020

The internet has revolutionized the way we interact with information and each other. Among the internet’s many applications, e-commerce ranks at the top. Businesses derive significant value from a robust online presence which arguably begins with a strong domain name.Websites are identified by internet protocol (IP) addresses which consist of sets of numbers. The Domain Name System (DNS) is the internet’s address book. Its function is to allow internet users to identify websites with more memorable indicia than a set of numbers such as words, phrases and acronyms. Given that businesses often devote significant resources to growing brand recognition and the goodwill associated with their trademarks, many of them tend to register domain names under those trademarks. Domain names (unlike trademarks) are unique which further increases a trademark holder’s interest in securing ones that consumers would likely associate with its goods or services.Cyber-squatters seek to profit from the DNS by engaging in a form of “online speculation”.  They register domain names that are either identical or confusingly similar to trademarks and then attempt to sell the domain name(s) to a legitimate trademark holder for a profit.The current regulatory framework dealing with cyber-squatting comprises of: 1) The Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Dispute Resolution Policy (UDRP) and variants thereof; 2) The American Anticybersquatting Consumer Protection Act (ACPA); and 3) National trademark laws. This paper argues that while partially effective, the current framework is lacking.A review of UDRP panel statistics reveals a steady flow of complaints since 2000 with a marked upswing from 2005 forward. The WIPO Arbitration and Mediation Center, the largest UDRP resolution provider, receives between 1700-2600 complaints per year relating to cyber-squatting. Cyber-squatting is therefore clearly an issue that requires further or better regulation.The UDRP, ACPA and trademark statutes all suffer from significant shortcomings. This paper seeks to identify those shortcomings and propose a potential solution: a model law relating to cyber-squatting and other abusive domain name practices. The model law would create specific causes of action for cybersquatting and the abusive practice known as “reverse-domain name hijacking”. It would also comport certain key provisions to aid in the harmonization of an internationally accepted body of “domain name law”.While a model law approach itself suffers from certain shortcomings (most notably the requirement that it be adopted in a significant number of states to become effective), this paper demonstrates that those shortcomings are far outweighed by its benefits.
EDITORIAL INTRODUCTION
Authors: Egede Hephzibah , Hatchard John
Published: August 2020

This special edition contains papers from the conference proceedings of the University of Buckingham Centre for Extractive Energy Studies (UBCEES) as well as contributions from members of the Advisory Board.
PARLIAMENTARY PRIVILEGE IN R V WHITE (LORD HANNINGFIELD) 2016 ALL EQUAL BEFORE THE LAW?
Authors: Thomson Murdoch
Published: August 2020

Enshrined within the Bill of Rights of 1689, parliamentary privilege continues to act as a guarantor of democracy and parliamentary supremacy, by providing a shield from unwarranted interference from the executive, the courts and others. Central to the constitutional arrangement of the United Kingdom, the functions and works of Parliament is of paramount importance. Parliamentarians, including Members of the House of Commons and the House of Lords, when conducting public duties must be safeguarded to ensure the discharge of such parliamentary business is conducted to the highest possible standard without fear or favour but with professional integrity.
PUBLIC GOODS AND CRIMINALISATION
Authors: Slater James
Published: August 2020

Theories of criminalisation seek to identify the criteria by which behaviour is legitimately criminalised. This article believes that their success in so doing is best assessed if they examine the question of criminalisation in light of four desirable features for any such theory. These desirable features, which this article will term desiderata for short, are as follows:Desideratum 1: a theory of criminalisation should offer an evaluative framework that justifies the form of legal regulation known as the criminal law.Desideratum 2: a theory of criminalisation’s evaluative framework under Desideratum 1 should allow for a coherent and defensible account of the criminal law as morally censorious, thereby articulating something distinctive about the criminal law as a form of legal regulation.Desideratum 3: a theory of criminalisation should display a coherent understanding of how its evaluative framework under Desideratum 1 integrates with a theoretical account of the purpose, and legitimacy, of the state. Desideratum 4: a theory of criminalisation’s evaluative framework under Desideratum 1 should distil criminal from non-criminal behaviour in principled and defensible way. Given that the defence of each desideratum would arguably generate an article apiece, the aims of this article are consequently more modest. It is aimed at those who already accept one or more of them. It will demonstrate the success, in satisfying the desiderata, of a theory of criminalisation embedded in the notion of public goods. It shall call this theory the public goods account (the ‘PGA’). The PGA is not an entirely new theory, as elements of it can be found in the writings of a number of theorists.However, by expanding on, exploring and assessing these elements in light of the desiderata, this article offers further support to a theory of criminal law embedded in the notion of public goods. In order to understand the PGA, it is necessary to begin this article with a section outlining the nature of public goods. Subsequent sections will then address how the PGA satisfies each desideratum, in the order they are set out above.
Administration of Justice in Malaysia
Authors: Tan Sri Dato' Abdul Hamid Omar Y.A.A.
Published: August 2020

Administration of Justice in Malaysia
Codification of the Criminal Law
Authors: Smith J C
Published: August 2020

Codification of the Criminal Law
Comparing the transformative potentials of the FCCC and the CCD: An ecofeminist exploration
Authors: Wilkinson Cross Kate
Published: August 2020

This article undertakes a critical comparison and analysis of two environmental regimes – the UN Framework Convention on Climate Change and the UN Convention to Combat Desertification, Particularly in Africa – to explore their transformative potential. Drawing on Karen Warren’s ecofeminist ethics, the author compares and contrasts the ways in which these two regimes engage with the underlying institutional, structural, social and conceptual frameworks which ecofeminists argue contribute to the environmental degradation and the exploitation suffered by marginalised groups. She examines how marginalised communities have been involved in the evolution of the two regimes, the differing approaches towards science and technology, as well as the integration of differentiation within the two regimes. The author concludes that while both regimes have transformative potential, they both continue to affirm an ideological perspective that disembeds humanity from the environment, while at the same time commodifying nature in order to protect it.
MONEY LAUNDERING, PUBLIC BENEFICIAL OWNERSHIP REGISTERS AND THE BRITISH OVERSEAS TERRITORIES: THE IMPACT OF THE SANCTIONS AND MONEY LAUNDERING ACT 2018 (UK)
Authors: Hatchard John
Published: August 2020

The revelations from the Panama Papers have highlighted the potential use of off-shore shell and shelf companies based in the British Overseas Territories and Crown Dependencies to facilitate money laundering, tax evasion, the financing of terrorism and other serious and organised crime. The use of such companies has enabled the natural person(s) who ultimately owned or controlled the company to remain concealed behind a nominee director(s) and nominee shareholder(s). This has led to international interest and pressure to increase the transparency in the beneficial ownership of such companies.
Does the failure to provide equitable access to treatment lead to action by NHS organisations: the case of biologics for South Asians with inflammatory bowel disease?
Authors: Farrukh Affifa , Mayberry John Francis
Published: August 2020

Aims: The purpose of this study was to identify whether NHS Trusts where discrimination in the delivery of care to patients from the South Asian community had been demonstrated had taken any actions to address the issue over the subsequent year.Methods:   Freedom of information requests were sent to three trusts which had provided evidence of disparate provision of biologic therapy to patients with Crohn’s disease, their associated Clinical Commissioning Groups and Healthwatch organisations to seek evidence they had remedied the situation. Requests were also sent to the Care Quality Commission, NHS Improvement and the Equality and Human Rights Commission seeking examples where they had responded to inequitable delivery of care related to ethnicity.Results: No organisation had any evidence of responses to the situation, many unable to accept its existence.Conclusion: Legal duties are discussed and the only remedy appears to be through the tort of negligence.
The Fédération Equestre Internationale Speaks for the Horse Who Has No Voice and the Court of Arbitration for Sport Listened: Equine Welfare and Anti-Doping in Equestrianism
Authors: Donnellan Dr Laura
Published: August 2020

The strict liability standard employed by the Fédération Equestre Internationale (FEI) in equine doping cases has been a source of contention among academics, riders and trainers. The FEI Disciplinary Tribunal and the Court of Arbitration for Sport (CAS) have consistently upheld the standard and no alternative has been considered. At the core of the application of the strict liability standard has been the protection of the equine athlete. With the dual aims of the protection of equine athletes and equality between competitors, the FEI imposes a provisional equine suspension when a horse’s sample records an adverse analytical finding. The standard of strict liability and the imposition of provisional suspensions together put the welfare of the horse to the fore. While the intentions of the FEI have been based on this noble premise, ambiguities and inconsistencies have undermined the effectiveness of the Equine Anti-Doping and Controlled Medication Regulations (EADCMRs).
The Judges and the Vigilant State
Authors: Simpson A W B
Published: August 2020

The Judges and the Vigilant State
The Official Secrets Act 1989: the Right Balance?
Authors: Stevens Irving
Published: August 2020

The Official Secrets Act 1989: the Right Balance?
Artificial Intelligence, Expert Systems and Law
Authors: Susskind Richard
Published: August 2020

Artificial Intelligence, Expert Systems and Law
Truly a Charter for Mistresses
Authors: Welstead Mary
Published: August 2020

Truly a Charter for Mistresses
Consumer Redress - An Overview
Authors: Borrie Gordon
Published: August 2020

Consumer Redress - An Overview
"Standing" for Pressure Groups and the Representative Plaintiff
Authors: Hough Barry
Published: August 2020

"Standing" for Pressure Groups and the Representative Plaintiff
Pensions and Retirement on the Agenda
Authors: Desmond Helen
Published: August 2020

Pensions and Retirement on the Agenda
Valuation and Hedging of Sports Futures Wagers
Authors: Lamb Reinhold , O'Brien Thomas J.
Published: August 2020

This study investigates, in a conceptual way, the intrinsic valuation of sports futures wagers and, given the absence of a viable secondary market, strategies for locking in pre-expiration value by hedging with the existing set of futures wagers, proposition wagers, and game wagers. An interesting finding is that effective hedging with game wagers generally involves games of teams other than the futures team, in addition to the futures-team’s games. The paper also shows how to use current game odds and futures odds to find the implicit projected odds on future games, conditional on the match-ups to be determined by the outcomes of current games.
Never Tell Me the Odds: The Stingy Odds for Leicester City to Win the English Premier League
Authors: Hood Matthew , Chittenden William , Jewell R. Todd
Published: August 2020

The crowning of Leicester City FC as English Premier League champions in 2016 is arguably the biggest upset in the history of professional sports. The pre-season odds posted for LCFC to win the EPL were 5,000:1, worse than finding Elvis alive. In our model, they win just once per 70,000 simulations; thus, bettors could expect a return of just 0.071 of the stake when betting on Leicester City. This is similar to the expected return of betting on all of the long-shots in our simulations; however, the expected value of bets on favorites averages 0.864. We find that the betting market is segmented for favorites and long-shots; while the market for favorites resembles a normal betting market, the market for long-shots is like a lottery.
Self-resolving Information Markets: An Experimental Case Study
Authors: Ahlstrom-Vij Kristoffer , Williams Nick
Published: August 2020

On traditional information markets (TIMs), rewards are tied to the occurrence (or non-occurrence) of events external to the market, such as some particular candidate winning an election. For that reason, they can only be used when it is possible to wait for some external event to resolve the market. In cases involving long time-horizons or counterfactual events, this is not an option. Hence, the need for a self-resolving information market (SRIM), resolved with reference to factors internal to the market itself. In the present paper, we first offer some theoretical reasons for thinking that, since the only thing that can be expected to be salient to all participants on a SRIM is the content of the question bet on, a convention will arise of taking that question at face value, and betting accordingly, in which case trading behaviour on SRIMs can be expected to be identical to that on TIMs. This is the ‘face value’ hypothesis. If this hypothesis holds, SRIMs have the potential of incorporating the accuracy of TIMs while shedding their limitations in relation to long-term predictions and the evaluation of counterfactuals. We then report on a laboratory experiment that demonstrates that trading behaviour can indeed come out highly similar across SRIMs and TIMs. As such, the study can be thought of as an experimental case study on SRIMs. Finally, we discuss some limitations of the study, and also points towards fruitful areas of future research in light of our results.
Predictability of Indian Exchange Rates
Authors: Datta Radhika Prosad , Bhattacharyya Ranajoy
Published: August 2020

In this paper we determine the extent of predictability of India’s major spot exchange rates by using the Lyapunov exponent. We first determine whether the series is fractal (self-similar) in nature.  If it is indeed so, then next we determine whether the underlying dynamics of the system is deterministic or stochastic. If the dynamics is found to be deterministic then we calculate the Largest Lyapunov Exponent (LLE) to determine whether the series has deterministic chaos. Finally we use the inverse of the Lyapunov exponent to estimate the time period for which out of sample predictions for the series make sense. We find that India’s major spot exchange rates are: a) fractal in nature, b) chaotic with a high embedding dimension and c) The inverse of the LLE gives us a time frame in which any meaningful predictions can be made. These results are interpreted in two ways. First, exploiting the efficient market interpretation of randomness we conclude that since available information is fairly rapidly internalized, chaotic behaviour is mainly due to the unforeseen nature of the pool of new information affecting the systems at such short intervals of time. Second, anti-cyclical central bank interventions are conjectured to be the source of determinism in otherwise almost random movements.
HOW TO PAY TRADERS IN INFORMATION MARKETS: RESULTS FROM A FIELD EXPERIMENT
Authors: Luckner Stefan , Weinhardt Christof
Published: August 2020

The results of recent studies on prediction markets are encouraging. Prior experience demonstrates that markets with different incentive schemes predicted uncertain future events remarkably accurately. In this paper, we study the impact of different monetary incentives on prediction accuracy in a field experiment. In order to do so, we compare three groups of traders, corresponding to three treatments with different payment schemes, in a prediction market for the FIFA World Cup 2006. Somewhat surprisingly, our results show that performance-related payment schemes do not necessarily increase the prediction accuracy. Due to the risk aversion of traders the competitive environment in a rank-order tournament leads to the best results in terms of prediction accuracy.
PUBLIC INFORMATION BIAS AND PREDICTION MARKET ACCURACY
Authors: Gruca Thomas S , Berg Joyce E.
Published: August 2020

How do prediction markets achieve high levels of accuracy? We propose that, in some situations, traders in prediction markets improve upon publicly available information. Specifically, when there is a known bias in publicly available information, markets provide an incentive for traders to “de-bias” this information. In such a situation, a prediction market will provide a more accurate forecast than the public information available to traders. We test our conjecture using real-money prediction markets for seven local elections in the United States. We find that the prediction market forecasts are significantly more accurate than those generated using the pre-election polls.Previous versions of this paper were presented at the Workshop on The Growth of Gambling and Prediction Markets, the ISBM Conference on Prediction Markets in Marketing: Issues, Challenges and Research Opportunities, the DIMACS Workshop on Markets as Predictive Devices, and the 17th Annual AMA Advanced Research Techniques Forum. The authors thank the participants for their insights which have helped improve this research
COMPARING PREDICTION MARKET PRICES AND OPINION POLLS IN POLITICAL ELECTIONS
Authors: Page Lionel
Published: August 2020

The basic idea of this note is simple. Fundamentally, opinion polls are estimates of the final vote shares of candidates. These estimates are characterised by uncertainty. This uncertainty is the link between prediction market prices and the opinion polls. The simple reason for this is that the price in a prediction market indicates the probability that a given candidate will win a share of the vote greater than a given threshold (usually 50%).As soon as one is able to estimate the distribution of the final possible share of the vote given an opinion poll, a comparison is possible between the opinion poll and the prediction market.  The estimation of this distribution is the main (non-trivial) problem of this exercise.
THE RELATIVE IMPORTANCE OF STRENGTH AND WEIGHT IN PROCESSING NEW INFORMATION IN THE COLLEGE FOOTBALL BETTING MARKET
Authors: Durham Greg , Santhanakrishnan Mukunthan
Published: August 2020

Griffin and Tversky (1992) suggest that individuals, when formulating posterior probabilities based on the available evidence, tend to overreact to a new piece of evidence’s strength while underreacting to the relative importance of its weight.  We test this prediction using the college football betting market, a market that is commonly employed in tests for efficiency and rationality.  Using average points in excess of the spread and streak against the spread as measures for strength and weight, respectively, we find that bettors overreact to strength and underreact to weight.  These results are consistent with the predictions of Griffin and Tversky, as well as with the findings of Sorescu and Subrahmanyam (2006) and Barberis, Shleifer, and Vishny (1998) in financial market settings.  Our work also provides insight into how behavioral biases might affect price-formation processes in other markets.The authors thank Tod Perry, Omar Shehryar, and Kumar Venkataraman for their careful feedback and thoughtful suggestions.  The authors are also grateful for comments from seminar participants at the 2008 Midwest Finance Association meetings in San Antonio and 2008 Southwestern Finance Association meetings in Houston, as well as from seminar participants at Montana State University.  (The authors are responsible for any outstanding errors in this paper.)
HANSON’S AUTOMATED MARKET MAKER
Authors: Berg Henry , Proebsting Todd A.
Published: August 2020

From Hanson’s “market scoring rule,” we derive all the necessary formulae to implement a corresponding automated market maker for a prediction market.  The market maker has many desirable qualities and always stands ready to trade, thus providing liquidity to markets.  The formulae cover all transactions for buying and selling market contracts.  In addition, we address practical concerns like how to correctly treat rounding errors and how to prevent errors that allow traders to cheat the market, and provide a practical numerical example.  We have used Hanson's automated market maker to run many markets at Microsoft.