London, Libel Capital No Longer? The Draft Defamation Act 2011 and the Future of Libel Tourism

[Excerpt] “In the past decade, London emerged as the forum of choice for “libel tourists”—strategic, often foreign, plaintiffs who bring defamation actions in a jurisdiction with plaintiff-friendly libel laws, even if they and the defamatory material at issue lack a substantial connection with that jurisdiction. England’s defamation laws and procedures make it significantly easier for claimants to commence and prevail in libel actions than do the laws and procedures of many other countries, particularly the United States. As a result, English courts have entertained several high-profile defamation cases involving foreign parties who have only tenuous connections to England, such as disputes between a Saudi billionaire and a U.S. journalist; a Russian businessman and a U.S. magazine; and a French director and a U.S. publisher. Cases like these have cemented London’s reputation as the “libel capital of the world.” The establishment of that notorious title, reflecting the notion that England does not value free expression as highly as other countries, has helped ignite a movement to reform English libel laws and procedures. On March 15, 2011, the U.K. Ministry of Justice unveiled a draft bill entitled the Draft Defamation Act 2011, proposing a substantial overhaul of English libel laws as well as the procedures applied in libel actions. The Draft Act aims to combat the perception that England is a refuge for libel tourism by, among other reforms, requiring English courts to determine whether England is the most appropriate forum in which the action should be heard before exercising jurisdiction. The Draft Defamation Act comes less than one year after the enactment of the Securing the Protection of Our Enduring and Established Constitutional Heritage (“SPEECH”) Act of 2010 in the United States. The SPEECH Act prohibits U.S. courts, both state and federal, from recognizing or enforcing defamation judgments rendered by a foreign court unless that court applied a standard that was as protective of free speech as a U.S. court would have applied. In the context of libel tourism, this means that a libel tourist cannot force a U.S. author or publisher to comply with a foreign judgment unless a U.S. court finds that the judgment comported with First Amendment principles. This Note analyzes the efficacy of the Draft Defamation Act and its impact on the enforcement of English defamation judgments in U.S. courts. Specifically, it proposes that the Draft Act’s procedural clauses will effectively reduce the prevalence of libel tourism in England. Moreover, this Note argues that, in light of the Draft Act’s reforms as well as longstanding principles of international comity, U.S. courts should not narrowly construe the SPEECH Act to require exact congruence between U.S. and English defamation laws. Finally, this Note presents evidence suggesting that England’s problem of libel tourism could be supplanted by the new phenomenon of privacy tourism. Thus, in addition to modifying and enacting the Draft Defamation Act, English policymakers should consider reviewing and possibly reforming English privacy laws. This Note proceeds in four sections. Section II provides a background to issues related to libel tourism, including its prevalence in England and the U.S. response to it. Section III reviews the Draft Defamation Act’s procedural clauses related to libel tourism. Section IV analyzes the Draft Act’s potential to eradicate libel tourism and its effect on U.S. courts’ construction and application of the SPEECH Act. Section IV also proposes modifications to the Draft Act, including the adoption of a defamation-specific choice-of-law rule. Finally, Section V explores the interplay between English defamation and privacy laws, considering whether the Draft Act’s aim to eliminate libel tourism inadvertently opens the door to the development of privacy tourism

Selected Readings on Ethnicity, Family and Community

Selected Readings on Ethnicity, Family and Community; compiled by Mary E. Kelly, Central Missouri State University, and Thomas W. Sanchez, University of Nebraska- Lincoln

Two-component Bose gases with one-body and two-body couplings

We study the competition between one-body and two-body couplings in weakly-interacting two-component Bose gases, in particular as regards field correlations. We derive the meanfield theory for both ground state and low-energy pair excitations in the general case where both one-body and two-body couplings are position-dependent and the fluid is subjected to a state-dependent trapping potential. General formulas for phase and density correlations are also derived. Focusing on the case of homogeneous systems, we discuss the pair-excitation spectrum and the corresponding excitation modes, and use them to calculate correlation functions, including both quantum and thermal fluctuation terms. We show that the relative phase of the two components is imposed by that of the one-body coupling, while its fluctuations are determined by the modulus of the one-body coupling and by the two-body coupling. One-body coupling and repulsive two-body coupling cooperate to suppress relative-phase fluctuations, while attractive two-body coupling tends to enhance them. Further applications of the formalism presented here and extensions of our work are also discussed.Comment: published versio

Innovations and Development in Urban Planning Scholarship and Research (Editorial)

Urban planning is characterized by involving a wide range of experts from a variety of fields. Therefore, planning research draws upon each of these fields in how it interprets an examines the natural and built environment as elements of human settlement activities. As a small professional and academic discipline incorporating aspects of design, policy, law, social sciences, and engineering, it is understandable that research outcomes are published in a broad range of academic outlets. It is useful for us to reflect on our research intentions, processes, and outcomes, which is also referred to as ‘research about research,’ with a focus on the scholarly products of urban planning academics. We can do this by examining our methodologies, subdomains, application of research to practice, research impact, and bibliometrics. The purpose of reflecting on our research helps us better understand research processes and the resulting body of urban planning research and scholarship as a whole

Income Distribution, City Size, and the Role of Public Transportation

This article presents an income inequality analysis for all 1990 U.S. metropolitan statistical areas (MSAs). The analysis is concerned with whether public transportation has a detectable influence on levels of urban income equality. Because public transportation systems are generally designed to link residences with employment locations, higher levels of transit service provision, all other factors being equal, should be associated with higher employment rates and more uniform distributions of economic gains. The research presented here was influenced by an analysis originally performed by Haworth, Long, and Rasmussen (1978). Along with there study, few analyses have tried to evaluate policies that affect income distribution. The results of this analysis provide a macroscopic view of the efficiency and effectiveness of urban transportation investments with respect to urban income inequality

Distinguishing city and suburban movers: evidence from the American Housing Survey

Journal ArticleA significant amount of research has concentrated on the process of urban decentralization. Resulting patterns of urban development have far-reaching effects on land use, transportation, regional fiscal structure, public services and facilities, economic development, and social equity. Because planning processes are being developed to attempt to revitalize the urban core, it is important to know which households may be deciding to relocate to the central cities and why. A discriminant analysis is used to explore the similarities and differences among movers to central cities and suburban locations drawn from metropolitan samples of the 1989 through 1991 American Housing Surveys. The analysis compares the reasons for relocation, demographic differences, and metropolitan characteristics between central-city-to-suburb movers and suburb-to-central-city movers. The results indicate that these two groups are very similar in some respects and that some metropolitan-area characteristics may play a role in urban residential decentralization patterns

Land Use and Growth Impacts from Highway Capacity Increases

This analysis examined the historical relationship between land use changes and the location of capacity increasing highway projects in the State of Oregon from 1970 to 1990. Aerial photography for 18 cities was used to delineate the extent of urban development in each time period. A geographic information system (GIS) was used to assemble the data. Using this data, a logit regression model tested the significance of geographic variables such as proximity to highway projects, land use zoning classification, city size, and other spatial characteristics. The analytical methods used in this study incorporated a set of commonly used techniques to assess highway impacts on urban development patterns. The results suggest that for the 18 selected cities, the spatial measures performed well in predicting the location of urban development from 1970 to 1990. In addition, the results of the logit regression model indicated that controlling for other location factors, urban development had not clustered along state high project corridors as was suspected

Primary Care Assessment and Interventions to Improve Physical Activity Among Insufficiently Active Adults Ages 18 Through 64 Years Old

A number of chronic and debilitating conditions such as cardiovascular disease, stroke, hypertension, anxiety, depression, pain, osteoporosis, and falls are known to be delayed, improved, or prevented by increasing physical activity (PA) levels. The numbers of those affected form a substantial portion of the US population. As of 2011, for example, 26 million adults in the U.S. were diagnosed with diabetes mellitus (DM) alone. Another 79 million people had elevated blood glucose measurements putting them at risk for DM. Despite knowledge of the connection with chronic disease, PA levels are not consistently and quantitatively assessed during primary care office visits. Healthcare providers often believe lifestyle change intervention with sedentary adults is futile and encounter barriers to regular PA for many low-income, inner-city clients. Barriers are potentially reduced through partnership with the YMCA (Y), which cooperates with local churches and community organizations to open sites that offer nutrition and exercise classes at no cost to participants. Healthcare providers at the Grand Valley State University Family Health Center (FHC) did not previously refer sedentary clients to the Y. Referral to the Y became an innovative part of an evidencebased intervention set. Quality enhancements were put in place at the FHC, guided by a logic model to improve PA assessment and intervention. A policy was written that specifies the process to be used to evaluate and document clients\u27 PA levels and application of interventions for those clients who were assessed and found to have suboptimal habitual PA levels. Assessment uses the International Physical Activity Questionnaire self-report, short-form because it yields numeric and categorical results that allow tracking of progress and determination of the need for PA intervention. A low to moderate PA level result now triggers implementation of an evidence-based intervention set consisting of counseling, printed educational materials, and an offer of referral to Y community outreach programs. The electronic health record-embedded educational material was written to facilitate teaching and client self-review

Urban Planning Academics: Tweets and Citations

This article discusses the relationship between Twitter usage and scholarly citations by urban planning academics in the U.S. and Canada. Social media and academic publications may be considered separate activities by some, but over the past decade there has been a convergence of the two. Social media and scholarship can be complementary not only when social media is used to communicate about new publications, but also to gather research ideas and build research networks. The analysis presented here explores this relationship for urban planning faculty using data for faculty who had active Twitter accounts between March 2007 and April 2019. Measures of Twitter activity were combined with Google Scholar citation data for 322 faculty with Twitter accounts. As expected, the results highlight that there are different patterns of Twitter activity between junior faculty and senior faculty both in terms of proportions of each rank using Twitter as well as activity levels on the social media platform. The results also suggest that Twitter activity does not have a statistically significant relationship with overall scholarly productivity as measured by citation levels

Transit access analysis of TANF recipients in Portland, Oregon

Journal ArticleLittle evidence exists regarding the relationship between transit service availability and the ability of welfare recipients to find stable employment. While policymakers continue to assert that increased public transit mobility can positively affect employment status, there is little empirical evidence to support this theory. It. is generally assumed that public transit can effectively link unemployed, carless persons with appropriate job locations. From these assumptions stems the common belief that if adequate transit were available, the likelihood of being employed would increase. Hence, the call for more transit services to assist moving welfare recipients to gainful employment. Current available evidence is anecdotal, while general patterns of transit access and labor participation remain relatively unexplored