“Prisioneros españoles en la Francia napoleónica. Un modelo positivo de los espacios de cautiverio de los suboficiales a través del diario de José Mª Román (1808-1900)”

This analysis of POWs shows a new model of captivity for elite prisoners that has been few studied. It shows how during napoleonic wars the Non Commisioned officers had better conditions than usually are considered in academic field. It is centered in a case study of spanish prisoners in Nancy and Caudebec

Friends or Enemies? Spanish Captives in France, 1809-1814

The Napoleonic wars in certain countries have created common stereotypes. Predominantly, that one between the Spanish and French Nation has spread an image of absolute enmity of the French. If we study some examples deeply, particularly that of the elite prisoners who went to the next door country, we see how that hostility images are very different of the general image which is predominant on the official History

Spanish Pows in Napoleonic France: positive images of confinement spaces of NCO troughout the case study of José Mª Román (1808-1900)

El presente análisis se centra en mostrar el cautiverio de los suboficiales españoles durante la etapa napoleónica. Se basa en el estudio de caso del diario de José María Román (1809-1804), que es contrastado con las imágenes que aportan las fotografías de las casernas donde aquellos fueron recluidos en Nancy (1900). Se refleja parte del sistema de vida y las relaciones tejidas con los franceses. A la par, se ponen de relieve diversos aspectos que fueron causa –y consecuencia- del silenciamiento de aquella experiencia. Se plantea la existencia de un modelo de prisión relativamente positiva para los suboficiales durante las guerras napoleónicas, vinculado al momento de transición del Antiguo Régimen al Liberalismo.This study analyzes Spanish prisoners of war (POW), the captivity system of Non Commissioned Officers (NCO) in Napoleonic France. Its principal source is the Memoirs of José María Román (1809-1814), which are contrasted with the postcards (1900) of the military caserne where they were confined in Nancy, before going to the city of Caudebec. It is shown the quotidian life and social networks they established with the French people. Are also shown the problems they had when they return back to Spain and had to hide that experience. We offer a positive image, a model of prison that –maybe- could be generalized between NCO´s POW during Napoleonic Campaigns in France (1808-1816). An almost unknown model which speaks about the transition from the Ancient Regime to the Liberalism

A Comparison of the Methods Used to Control Violence in the Texas Department of Corrections, Prior to and Following Implementation of the Ruiz v Estelle Decision

Examines various techniques for quelling violence in the Prisons

The Third Energy Package gas Directive (2009/73/EC): compliance in Lithuania and Romania

Threats posed to EU's energy security during the last fifteen years, made the Commission to develop the Energy Policy promoting the integration and the creation of the Internal Energy Market. The "Third Energy Package" was introduced in 2009 aiming to promote the liberalization of the market but not all the member states complied immediately; there were delays and differences among them. The focus of this study is the Directive 2009/73/EC and how Romania and Lithuania reacted and tried to transpose it into national law. By comparing them the study aims to find differences and to reach general conclusions about the Energy Policy and factors that determine the countries' responses and compliance. The paper analyzes the energy markets and the changes caused by the Directive, energy security concerns, the countries' general compliance stance, administrative capacity and corruption, national interests and foreign policy, domestic politics with changes of governments and possible pressure from interested groups because of cost-benefit calculations based on the specific Directive's provisions. The analysis shows that cold relations with Russia do not guarantee a country's compliance. Energy security issues explain Lithuania's willingness to comply but Romania's stance is not in line with the geopolitical role it wants to acquire in the region. An implementation that incurs domestic costs for the country and/or the political elites and does not directly benefit the country is more difficult. In Contrast, if the proposed legislation solves national problems, the country will be eager comply even if there is a cost in the short term. Considering these issues during the Policy formation process could improve the countries' compliance and reduce tensions and delays

Prisioneros españoles en la Francia napoleónica. El modelo positivo de los espacios de cautiverio de los suboficiales, a través del diario de José Mª Román (1808-1900)

El presente análisis se centra en mostrar el cautiverio de los suboficiales españoles durante la etapa napoleónica. Se basa en el estudio de caso del diario de José María Román (1809-1804), que es contrastado con las imágenes que aportan las fotografías de las casernas donde aquellos fueron recluidos en Nancy (1900). Se refleja parte del sistema de vida y las relaciones tejidas con los franceses. A la par, se ponen de relieve diversos aspectos que fueron causa –y consecuencia- del silenciamiento de aquella experiencia. Se plantea la existencia de un modelo de prisión relativamente positiva para los suboficiales durante las guerras napoleónicas, vinculado al momento de transición del Antiguo Régimen al Liberalismo

Resolving the Remedial Dilemma: Strategies of Judicial Intervention in Prisons

During the last several decades, courts have undertaken to remedy ongoing constitutional and statutory violations in a variety of public and private institutions. Once a court determines that an institutional pattern or practice violates the law, it must face the challenge of structuring a process that will lead to the elimination of the illegal conditions or practices. Whether this judicial activity is called ordinary or extraordinary, the remedial process in institutional reform litigation may lead the trial court to engage in a range of roles beyond those usually required to resolve a traditional private dispute. Courts involved in institutional reform litigation face a serious remedial dilemma. They are constitutionally compelled to develop a remedy for conditions and practices that violate a plaintiff\u27s rights. However, courts cannot rely entirely on the defendants to eliminate these unconstitutional conditions because in many instances the responsible parties either cannot or will not take the steps necessary to do so. At the same time, courts must depend on those with ongoing responsibility for the institution to achieve compliance with the law. Courts lack the administrative capacity to alter basic institutional practices directly and are constrained by both a limited constitutional mandate and a narrow vision of their role. The controversy over institutional reform litigation swirls around this remedial dilemma. The debate is often framed in terms of whether courts should be involved at all in cases requiring institutional reform. Advocates of an expansive judicial role tend to emphasize the courts\u27 duty to intervene in the face of serious constitutional violations, without critically assessing the various forms that intervention may take or their potential impact on the target institution or the judiciary. Critics emphasize the limitations of judicially managed change without addressing the failure of the responsible officials to comply with the law and the absence of any realistic alternative means to remedy ongoing constitutional and statutory violations. This Article shifts the focus of the debate from whether courts should intervene to how they should structure the remedial process to avoid, or at least minimize, the negative consequences of the remedial dilemma described above.8 Several factors justify reframing the inquiry in this manner

Resolving the Remedial Dilemma: Strategies of Judicial Intervention in Prisons

During the last several decades, courts have undertaken to remedy ongoing constitutional and statutory violations in a variety of public and private institutions. Once a court determines that an institutional pattern or practice violates the law, it must face the challenge of structuring a process that will lead to the elimination of the illegal conditions or practices. Whether this judicial activity is called ordinary or extraordinary, the remedial process in institutional reform litigation may lead the trial court to engage in a range of roles beyond those usually required to resolve a traditional private dispute. Courts involved in institutional reform litigation face a serious remedial dilemma. They are constitutionally compelled to develop a remedy for conditions and practices that violate a plaintiff\u27s rights. However, courts cannot rely entirely on the defendants to eliminate these unconstitutional conditions because in many instances the responsible parties either cannot or will not take the steps necessary to do so. At the same time, courts must depend on those with ongoing responsibility for the institution to achieve compliance with the law. Courts lack the administrative capacity to alter basic institutional practices directly and are constrained by both a limited constitutional mandate and a narrow vision of their role. The controversy over institutional reform litigation swirls around this remedial dilemma. The debate is often framed in terms of whether courts should be involved at all in cases requiring institutional reform. Advocates of an expansive judicial role tend to emphasize the courts\u27 duty to intervene in the face of serious constitutional violations, without critically assessing the various forms that intervention may take or their potential impact on the target institution or the judiciary. Critics emphasize the limitations of judicially managed change without addressing the failure of the responsible officials to comply with the law and the absence of any realistic alternative means to remedy ongoing constitutional and statutory violations. This Article shifts the focus of the debate from whether courts should intervene to how they should structure the remedial process to avoid, or at least minimize, the negative consequences of the remedial dilemma described above.8 Several factors justify reframing the inquiry in this manner