bluuebunny/crossref_metadata_2025_split huggingface dataset:
The unresolved problem of recklessness
Authors: Williams Glanville 
Published: April 2006

We seem to be stuck fast over recklessness. The model direction in Caldwell is almost universally deplored, particularly in respect of its operation in cases like Elliott v C and R (Stephen Malcolm) but the lords show no sign of repenting, even though in both of the cases last cited expressions of disapproval ascended to them from a Divisional Court. Lord Roskill, an out-and-outer on the point, asserted that the model direction applies ‘throughout the criminal law unless Parliament has otherwise ordained in a particular case’, which if accepted would reverse the present decisions that the direction does not apply to offences of malice, as most offences against the person still are.We urgently need action, which could be achieved by legislation or, much more quickly, by the lords themselves if they were so inclined.
Sir Henry Maine: 1822-1888
Authors: Cocks Raymond 
Published: April 2006

The centenary of Maine’s death prompts the questions: why is he remembered and what is his significance for us today? In part the answer is simple. He wrote well, and his books such as Ancient Law are a pleasure to read. It is frankly a relief to turn to his works after reading the remarkable but laboured chapters of that other nineteenth century jurist, John Austin (1 790-1859).But going beyond his style and assessing his intellectual merits and the modern uses of his ideas is a more complicated matter. If his jurisprudential ideas are compared with those of, say, Bentham and Austin it is clear that there is an initial contrast in the way their respective theories are categorised. When the latter two thinkers are considered it is useful to refer to Benthamite and Austinian forms of jurisprudence.
The concept of defectiveness in the Consumer Protection Act 1987: a critical analysis
Authors: Stoppa Alessandro 
Published: April 2006

The concept of defectiveness is undoubtedly of crucial importance in the structure of the Consumer Protection Act 1987. The definition of the term ‘defect’, upon which will depend the actionability ofdamage caused by a product, is set out in s 3, which reads as follows:(1) Subject to the following provisions of this section, there is a defect in a product for the purposes of this Part if the safety of the product is not such as persons generally are entitled to expect; and for those purposes ‘safety’, in relation to a product, shall include safety with respect to products comprised in that product and safety in the context of risks of damage to property, as well as in the context of risks of death or personal injury.
Consent after the House of Lords: Taking and leading astray the Law of Theft
Authors: Davies Mitchell C. 
Published: April 2006

The objectives of the Criminal Law Revision Committee when drafting the radical reforms proposed by the 1966 Theft Bill were described by a contemporary commentator2 as being: ‘. . . to do away with the more embarrassing and restrictive technicalities of the existing law . . .’In the same place it was observed that the Committee faced a choice between creating a specific definition of the various theft offences and their elements, or one whose generality would allow it to evolve to meet the challenges presented by ever more complex and sophisticated dishonest dealing.
Damages for breach of the equitable duty of confidence
Authors: Capper David 
Published: April 2006

Protection of confidential information has two main juridical bases, contract and equity. Where the defendant is or was the employee or agent of the plaintiff he may be subject to an express or implied contractual duty not to use the latter’s confidential information without his consent Other defendants who receive such information knowing or believing it to be confidential, either from the plaintiff himself or a thiid party, may be subject to an equitable duty of like kindThe purpose of this article is to examine the range and scope of compensatory remedies for breach of the equitable duty of confidence. The term ‘damages’ is sometimes used generically to describe these remedies which are several and different from one another in certain respects? albeit difficult to pinpoint exactly.
Corporate criminality: four models of fault
Authors: Gobert James 
Published: April 2006

‘Corporation - an ingenious device for obtaining individual profit without individual
responsibility.’(A Bierce The Devil’s Dictionary, 1958)The problem of how to hold a company criminally accountable for the harm produced in the course of its business activity continues to vex the English judiciary. The attempt to apply conventional criminal law to companies has not been a resounding success. This was perhaps predictable, as the relevant rules and doctrines had been developed in cases involving human defendants. Their transposition to an inanimate organizational entity such as a company was never going to be easy. Not only did the judges fail to rise to the challenge, however, they managed to construe the relevant law in a regressive manner that has all but insulated large companies from criminal liability.
My brother's keeper? Liability for acts of third parties
Authors: Howarth David. 
Published: April 2006

In what circumstances, if any, can a person be held liable in tort for failing to prevent another person from causing harm?Different legal systems answer the question in different ways. In many US jurisdictions, for example, although theoretically there is a presumption against liability, a great number of categories of citizen (including doctors, bar-keepers and psychologists) are held responsible for the harm caused by others to whom, for example, they have prescribed medicines or served alcoholic drinks or offered advice.
Equitable fraud committed by third parties
Authors: Battersby Graham 
Published: April 2006

In the twin cases of Barclays Bank Plc v O’Brien and CIBC Mortgages Plc v Pitt the House of Lords consided for the first time an issue which has fresuently troubled the lower courts in recent years. In essence the issue can be boiled down to the following question:Where a debt owed by A to C is guaranteed by B, in what circumstances will the fact that A induced B to make the guarantee by misrepresentation, undue influence or other conduct of which Equity disapproves, render the guarantee voidable by B against C?(This simplified scenario, where A is the principal debtor, C the creditor, and B the guarantor, will be used in much of what follows). The contemporary significance of the question, and the difficulty which it has posed to the courts, are graphically shown by the fact that it has given rise to eleven reported decisions by the Court of Appeal in the last eight years.
Private law and the environment: nuisance in context
Authors: Steele Jenny 
Published: April 2006

Private nuisance is, on the face of it, an old-fashioned tort, whose agrarian, antidevelopmental roots may make its contemporary relevance seem limited. On the other hand, both nuisance and Rylands v Fletcher hold obvious attractions for litigants whose interests have suffered as a result of environmental change. The potential apotheosis of nuisance into a ‘Toxic Tort’ presents tort lawyers and environmental lawyers with a number of pressing questions concerning the nature and scope of private law in this context.This article will seek to assess in outline the positive potential of tort law in this respect, but it will also be argued that there may nevertheless be real conflicts between the law of tort and central elements of environmental law. The nature of those potential conflicts can only be understood if we clarify the form (or forms) of liability effected by relevant torts, and here the tort of nuisance poses particular problems. Once clarified, however, I would suggest that these conflicts can contribute to debates, not just about tort law, but also about the basic aspirations of environmental law and policy.
Shifting images: police-suspect encounters during custodial interrogations
Authors: Bryan Ian 
Published: April 2006

Under the Police and Criminal Evidence Act 1984 (PACE), the freedom enjoyed by the police to detain suspects in custody and to question them in order to obtain incriminating admissions, is made subject to the mandatory duty of the court to exclude any confession that was or may have been obtained by oppression or as a result of conduct likely to render the confession unreliable. The courts are assisted in this duty by the requirement for custodial interviews to be contemporaneously recorded either by verbatim notes or by audio tape.The requirement to make contemporaneous records appears to have been designed ‘to prevent the police from fabricating confessions or damaging statements [and] to prevent those who have in fact made admissions subsequently retracting them’. Backed by the statute, this requirement is more stringent than that provided for under the old Judges’ Rules.
A general right to a minimum wage in English law: an argument from generic consistency
Authors: Beyleveld Deryck , Villiers Charlotte 
Published: April 2006

Is there a general right to a minimum wage in English law? That we even ask this question might prompt a suspicion that we have taken leave of our senses. After all, no general right to a minimum wage exists in statutes or in the common law, and the situation is not altered by the incorporation of European Community (EC) law into domestic law by the European Communities Act 1972 -for, while it is true that the Social Chapter of the Maastricht Treaty may be interpreted as granting a general right to a minimum wage, the UK has opted out of this chapter?Certainly, the UK is party to international treaties and conventions - most notably the European Social Charter (ESC) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) - that expressly grant a general right to a minimum wage.
Ethics by the pervasive method — the case of contract
Authors: O'Dair D R F 
Published: April 2006

‘the duty of the law schools is to help its students to understand the ultimate significance of the lifework they have undertaken: to see the ultimate purpose of a lawyer's work… .’ [Brainard Currie]The Lord Chancellor's Advisory Committee on Legal Education and Conduct (ACLEC) has recently called upon academic law teachers of the undergraduate degree in law to take more of an interest in professional ethics. This means that academic law teachers can no longer set the subject aside as something to be dealt with during vocational legal education. Professional ethics must be taught pervasively, ie at each stage of legal education. This paper argues, however, that professional ethics must be taught pervasively in a further sense: even within the undergraduate curriculum, the task of educating tomorrow's lawyers in professional ethics cannot be left to one or more specialists in the subject.
Euthanasia, pain relief and double effect
Authors: Price David 
Published: April 2006

The law's overseeing of administrations of pain-relieving treatment with inevitable life-shortening consequences is of crucial significance in view of the dogmatic approach of English criminal law to active euthanasia. As Lanham states in respect of society's treatment of terminal physical pain:‘If the euthanasia option is not available, some other method will have to be found. In Britain and Australia that method involves palliative care and the hospice movement. By contrast, in the Netherlands active euthanasia is available and palliative care is poorly developed.’The recent prosecution in R v Cox made it abundantly clear that causing death in order to relieve a patient of further pain and suffering amounts to murder under current law. By contrast, knowingly shortening life through the administration of pain-killing drugs was recently declared to be lawful by Lord Goff in the House of Lords in Airedale NHS Hospital Trust v Bland.
Remarks on the philosophy and politics of public law
Authors: Frankenberg Günter 
Published: April 2006

To this very day, public law scholars seem to be concerned about the identity of their area of scientific interest. Many of them in many European legal cultures routinely labour, some even agonise over distinguishing public law from what appears to be a securely established field of private law. More than 20 years ago, 20 to 30 variations of the public/private-theme, usually elevated to the rank of ‘theories’, could be counted in German scholarship alone, none of them satisfying the desire to clarify, once and for all, the nature, purpose, and scope of public law.In this vein, law students are required to discuss at least the major demarcation theories so as, for instance, to establish jurisdiction of administrative courts, liability of the state, or the scope of constitutional rights.
Composing a judiciary: reflections on proposed reforms in the United Kingdom on how to change the voices of and the constituencies for judging
Authors: Resnik Judith 
Published: April 2006

I sit an ocean and a legal culture away. Asked to comment on reforms in England and Wales, my response is shaped by knowledge of the legal system of the United States, which shares aspirations similar with and has been much influenced by the judicial system of England and Wales, but is also very different from it.Yet judicial systems on both sides of the Atlantic (and in many other places) have to face difficult challenges. How can governments create, select, and equip a sufficient number of individual judges to respond to the tens of thousands of complainants who come before them?
Judicial authority in a changing South Africa
Authors: Corder Hugh 
Published: April 2006

‘Our legal system cannot be outclassed … There are attacks, incriminations and accusations that our judgments in law are not objective and independent … To say our courts are just and impartial is not saying much. The truth is that there are no courts anywhere in the world whose judges' … integrity is higher than ours.’H J Coetsee, Minister of Justice, 1986‘The South African Constitution is different [from those which formalise an historical consensus of values]: it retains from the past only what is defensible and represents a decisive break from, and a ringing rejection of, that part of the past which is disgracefully racist, authoritarian, insular, and repressive, and a vigorous identification of and commitment to a democratic, universalistic, caring and aspirationally egalitarian ethos expressly articulated in the Constitution.’Justice Mahomed, Constitutional Court, 1995Debates about the proper role and limits of judicial authority in the state are unusually heated, enduring and inconclusive. Talk about judicial review, the democratic deficit, the counter-majoritarian difficulty and the separation of powers matters, because what is at stake is the formal identification of the ultimate forum for political decision-making in a constitutional democracy.
Haptoglobin polymorphism in a HIV-1 seropositive Brazilian population
Authors: Zaccariotto T R , Rosim E T , Melo D , Garcia P M D , Munhoz R R , Aoki F H , de Fatima Sonati M 
Published: April 2006

Background:Haptoglobin (Hp) is a plasma protein with antioxidant and immunomodulatory properties. Three main genotypes/phenotypes (Hp1-1, Hp2-1, Hp2-2) show distinctive efficiencies in their activities and have been related to susceptibility and outcome in different diseases, including HIV infection.Objective:To compare Hp genotype distribution between HIV-1 seropositive patients and healthy controls.Methods:387 Brazilian HIV-1 seropositive patients, subclassified as A, B, and C according to the Centers for Disease Control, were compared with 142 healthy controls. The influence of the polymorphism on iron status (serum iron, ferritin, transferrin, transferrin saturation), acute phase proteins (Hp, C reactive protein, fibrinogen, albumin), the HIV-1 viral load, and CD4+ T lymphocyte counts was examined.Results:Apart from finding lower Hp concentrations among individuals with genotype Hp2-2, no other significant difference was observed.Conclusions:No association was found between Hp genotype and either HIV status or indices of HIV progression.
Targeted screening for genetic haemochromatosis: a combined phenotype/genotype approach
Authors: Bhavnani M , Lloyd D , Marples J , Pendry K , Worwood M 
Published: April 2006

Objective:To evaluate the clinical utility of a targeted screening approach for the detection of genetic haemochromatosis.Methods:Screening by measuring fasting serum transferrin saturation (TS) and gene testing was carried out in patients in whom a raised serum alanine amino transferase (ALT) activity and raised random serum TS had been found on routine blood testing.Results:During the 29 month study period, 32 patients homozygous for the C282Y genotype were detected from a catchment population of 330 000 by screening blood samples referred initially for routine laboratory liver function tests. By comparison, during the same period of time and within the same population, only seven patients were found by clinical suspicion alone. The patients in the study, after treatment by venesection, have shown both clinical and biochemical improvement.Conclusions:The study shows that from a population of patients in whom a routine liver function profile had been requested, it is possible to detect subjects homozygous for the C282Y HFE genotype who have clinical or biochemical markers of iron overload.
An audit of the indications for the reporting of blood films: results from the National Pathology Benchmarking Study
Authors: Galloway M J , Osgerby J C 
Published: April 2006

Background:The National Pathology Benchmarking Review has completed seven years of analysis of the workload of haematology laboratories in the United Kingdom.Objective:To audit criteria that laboratories use for preparing blood films against guidelines published by the International Consensus Group for Haematology Review.Methods:Each laboratory completed a standard questionnaire about the number of blood counts and blood films done each year. Information was collected on the criteria that were used for preparing a blood film and the manufacturer of the equipment used to carry out the full blood count.Results:46 NHS trusts (93 laboratory sites) participated in the study. There was wide variation in the criteria used for preparing blood films when compared with the consensus guidelines. The variation in practice appeared to be irrespective of the type of hospital or the manufacturer of the equipment used for the blood count.Conclusions:There is a wide range in laboratory practice in preparing blood films. The publication of the consensus guidelines should help to standardise practice in this area. The next step in the study is to determine what the film review rate should be if these guidelines are implemented. This will then provide a benchmark of good practice which laboratories can use to assess their performance.
LACK OF COLLISION IN A SIMPLIFIED 1D MODEL FOR FLUID–SOLID INTERACTION
Authors: VÁZQUEZ JUAN LUIS , ZUAZUA ENRIQUE 
Published: April 2006

In this paper we consider a simplified model for fluid–solid interaction in one space dimension. The fluid is assumed to be governed by the viscous Burgers equation. It is coupled with a finite number of solid masses in the form of point particles, which share the velocity of the fluid and are accelerated by the jump in velocity gradient of the fluid on both sides, which replaces here the standard pressure jump of Navier–Stokes models. We prove global existence and uniqueness of solutions. This requires proving that the solid particles never collide in finite time, a key fact that follows from suitable a priori estimates together with uniqueness results for ordinary differential equations. We also describe the asymptotic behavior of solutions as t → ∞, extending previous results established for a single solid mass. The evolution of the relative position of the particles is examined in terms of the strength of the convection term. The possible 2D analogues of these results in the context of Navier–Stokes equations are open problems.
On the Coupling of Wind Stress and Sea Surface Temperature
Authors: Samelson R. M. , Skyllingstad E. D. , Chelton D. B. , Esbensen S. K. , O'Neill L. W. , Thum N. 
Published: April 2006

Abstract
A simple quasi-equilibrium analytical model is used to explore hypotheses related to observed spatial correlations between sea surface temperatures and wind stress on horizontal scales of 50–500 km. It is argued that a plausible contributor to the observed correlations is the approximate linear relationship between the surface wind stress and stress boundary layer depth under conditions in which the stress boundary layer has come into approximate equilibrium with steady free-atmospheric forcing. Warmer sea surface temperature is associated with deeper boundary layers and stronger wind stress, while colder temperature is associated with shallower boundary layers and weaker wind stress. Two interpretations of a previous hypothesis involving the downward mixing of horizontal momentum are discussed, and it is argued that neither is appropriate for the warm-to-cold transition or quasi-equilibrium conditions, while one may be appropriate for the cold-to-warm transition. Solutions of a turbulent large-eddy simulation numerical model illustrate some of the processes represented in the analytical model. A dimensionless ratio γτA is introduced to measure the relative influence of lateral momentum advection and local surface stress on the boundary layer wind profile. It is argued that when γτA &lt; 1, and under conditions in which the thermodynamically induced lateral pressure gradients are small, the boundary layer depth effect will dominate lateral advection and control the surface stress.
Influence of “Realistic” Land Surface Wetness on Predictability of Seasonal Precipitation in Boreal Summer
Authors: Kanae Shinjiro , Hirabayashi Yukiko , Yamada Tomohito , Oki Taikan 
Published: April 2006

Abstract
Outputs from two ensembles of atmospheric model simulations for 1951–98 define the influence of “realistic” land surface wetness on seasonal precipitation predictability in boreal summer. The ensembles consist of one forced with observed sea surface temperatures (SSTs) and the other forced with realistic land surface wetness as well as SSTs. Predictability was determined from correlations between the time series of simulated and observed precipitation. The ratio of forced variance to total variance determined potential predictability. Predictability occurred over some land areas adjacent to tropical oceans without land wetness forcing. On the other hand, because of the chaotic nature of the atmosphere, considerable parts of the land areas of the globe did not even show potential predictability with both land wetness and SST forcings.
The use of land wetness forcing enhanced predictability over semiarid regions. Such semiarid regions are generally characterized by a negative correlation between fluxes of latent heat and sensible heat from the land surface, and are “water-regulating” areas where soil moisture plays a governing role in land–atmosphere interactions. Actual seasonal prediction may be possible in these regions if slowly varying surface conditions can be estimated in advance. In contrast, some land regions (e.g., south of the Sahel, the Amazon, and Indochina) showed little predictability despite high potential predictability. These regions are mostly characterized by a positive correlation between the surface fluxes, and are “radiation-regulating” areas where the atmosphere plays a leading role. Improvements in predictability for these regions may require further improvements in model physics.