Inducing breach of contract: one tort or two?

IT is said to be a tort for D intentionally to induce C to break C’s contract with P. Where this occurs, P has an action in tort against D, quite apart from P’s action for breach of contract against C. But the rationale for this tort is controversial, and its legitimacy has been doubted by a number of commentators

The protection of journalists's sources under fire? How developments in European human rights law have reinforced the right of journalists to have their sources protected

Analysis of developments in case law ECtHR protecting the right of journalists to protect their source

Police powers and human rights in the context of terrorism

Purpose – The object of the paper is to analyse the justifications for the modification of police powers in response to terrorist threats, placing this issue in a European context. Design/methodology/approach – The paper consists of a critical examination of provisions relating to terrorism emanating from the European Union and the Council of Europe (European Convention on Human Rights (ECHR)), and the relevant English law on police powers of stop and search, arrest, and detention. Findings – Nothing in European law requires the amendments to police powers contained in English law; European law requires respect for human rights, even in dealing with terrorism; a shoot-to-kill policy is prohibited by the ECHR; and balance is an unsatisfactory method of resolving conflicts in this area. Research limitations/implications – The research was limited in its scope to certain areas of police powers, and to certain fundamental European documents. Future research should consider the issue in relation to wider areas. Originality/value – It challenges the idea of balance between liberty and security, proposing a test based on necessity instead

What is the Incoherence Objection to Legal Entrapment?

Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts that, in attempting to entrap, law-enforcement agents lapse into a form of practical incoherence that involves the attempt simultaneously to pursue contrary ends. We then argue that the objection, in this form, encompasses all cases of legal entrapment only if it is supplemented by appeal to the premise that law-enforcement agents have an absolute duty never to create crimes

Upholding the Dignity and Best Interest of Children: International Law and the Corporal Punishment of Children

When the systems evolved from analog to digital, the performance was improved by the use of power control on the one hand and different modulations and coding schemes on the other. Condensing the available information we are able to propose a new concept of power control. The concept is applicable to real systems, since it uses the available measurements for estimating parameters necessary for the power control. It also supports the use of an adequate quality measure together with a quality specification supplied by the operator. We will use frequency hopping GSM as an example and the resulting control algorithm is ready for implementation in the software in the base stations where the output powers are computed. No modifications are needed in the GSM standard, the mobile terminals, the radio interfaces or in the base station transmitters. Finally we provide simulation results confirming the benefits of using the new concept for power control

The Second Anniversary of the Constitutionalisation of the French Charter for the Environment: Constitutional and Environmental Implications

The former French president J. Chirac will most likely be remembered for his international standing against the US and domestically, within France, for having initiated a major ‘bill of rights’, the Charter for the Environment, and for its constitutionalisation. </jats:p

Cyber-crime Science = Crime Science + Information Security

Cyber-crime Science is an emerging area of study aiming to prevent cyber-crime by combining security protection techniques from Information Security with empirical research methods used in Crime Science. Information security research has developed techniques for protecting the confidentiality, integrity, and availability of information assets but is less strong on the empirical study of the effectiveness of these techniques. Crime Science studies the effect of crime prevention techniques empirically in the real world, and proposes improvements to these techniques based on this. Combining both approaches, Cyber-crime Science transfers and further develops Information Security techniques to prevent cyber-crime, and empirically studies the effectiveness of these techniques in the real world. In this paper we review the main contributions of Crime Science as of today, illustrate its application to a typical Information Security problem, namely phishing, explore the interdisciplinary structure of Cyber-crime Science, and present an agenda for research in Cyber-crime Science in the form of a set of suggested research questions