133,640 research outputs found

    The Human Rights Act 1998: a bridge between citizenship and justice?

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    This article discusses the implications of the Human Rights Act 1998 (HRA). It suggests that the HRA is designed to promote a classic liberal conception of political citizenship, which protects the individual from the exercise of arbitrary state power, and not to extend the role of the state as a welfare provider. It goes on to argue that the government has limited the effectiveness of the HRA by claiming that they are building a culture of rights and responsibilities whilst treating human rights as an issue for the courts rather than an issue for government and public authorities generally. The article concludes by discussing extending the HRA to include economic, social and cultural rights.</p

    The Government of Wales Act 2006: Welsh devolution still a process and not an event?

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    Following the Assembly Elections in May 2007 Wales moved into a new area in its devolutionary settlement with a change of government and new legislation - the Government of Wales Act 2006. The Act is designed to revise fundamentally the Government of Wales Act 1998. Critics at the time predicted that executive devolution would be unlikely to be stable and would lead to "catch up" devolution with more privileged nations such as Scotland. Hence the second phase of Welsh devolution in which a Westminster model of Government is introduced as well as enhanced legislative powers for the National Assembly for Wales, including powers for the Assembly to be given legislative competence by Order in Council to make law in certain of the devolved fields, as an interim stage towards achieving full legislative devolution following a referendum. This paper argues that the Government of Wales Act 2006 has not conclusively settled the constitutional issues of asymmetrical devolution, such as the distribution of power between London and Cardiff; the role of the Secretary of State; the clarity and transparency of Welsh governance; and the question of how long these interim arrangements will last before Wales gains legislative devolution.</p

    JAMAICA: A Famous, Strong but Damaged Brand

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    Image, brand and reputation are the new capital for nations in the twenty-first century. In this era of the global marketplace, nations, regions and cities are forced to compete with each other for tourists, investment, aid, students, for buyers of their products and services, and for talent. Scholars now agree that nations themselves have become brands, and are now obliged to manage their images in order to influence people’s decision in terms of purchasing, investing and traveling. Nations with unknown or poor reputations, including those enduring prolonged crises are thus likely to suffer marginalization and will not easily witness economic success (Viosca et al; Avraham and Ketter). In this article, I aim to explore the challenges confronting Brand Jamaica. I argue that positive global coverage of Jamaica’s outstanding brand achievements in sports, music and as a premier tourism destination, is being negated by its rival brands – economic instability (debt, poverty unemployment), crime, corruption and perceptions of declining human rights. The consequence is a contradictory, perplexing and problematic public image of Jamaica, with severe consequences for investment, tourism promotion as well as economic and social progress. The article points at the imperative for Jamaican authorities to evaluate the nation’s public image, manage the impact of prolonged crises on its brand and attempt to re-imagine Jamaica, in light of changing fortunes

    Sandwich placements in law: academic tourism or a form of clinical legal education?

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    Whether or not education at the higher level can be integrated with practical experience has preoccupied educationalists in Europe and North America for a considerable time. There are some disciplines in which the existence of laboratory practice or simulated work experience can be used to assist the process of learning-by-doing quite efficiently. In other areas, learning from experience may be best carried out in the employment environment itself. Historically, in the UK this was the pattern for the traditional professions of law, accountancy, medicine and architecture. More recently in the UK, sandwich courses, predominantly a 'new' university contribution to higher education, have been developed to give students a balance between academic theory and practical professional experience. This article attempts a re-evaluation of the sandwich placement model of legal education in law in the light of the skills debate, and the clinical legal education movement.</p

    Atrial Fibrillation and Hyperthyroidism

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    Atrial fibrillation occurs in 10 – 15% of patients with hyperthyroidism. Low serum thyrotropin concentration is an independent risk factor for atrial fibrillation. Thyroid hormone contributes to arrythmogenic activity by altering the electrophysiological characteristics of atrial myocytes by shortening the action potential duration, enhancing automaticity and triggered activity in the pulmonary vein cardio myocytes. Hyperthyroidism results in excess mortality from increased incidence of circulatory diseases and dysrhythmias. Incidence of cerebral embolism is more in hyperthyroid patients with atrial fibrillation, especially in the elderly and anti-coagulation is indicated in them. Treatment of hyperthyroidism results in conversion to sinus rhythm in up to two-third of patients. Beta-blockers reduce left ventricular hypertrophy and atrial and ventricular arrhythmias in patients with hyperthyroidism. Treatment of sub clinical hyperthyroidism is controversial. Optimizing dose of thyroxine treatment in those with replacement therapy and beta-blockers is useful in exogenous subclinical hyperthyroidism

    Practical nous as the aim of legal education?

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    There has been an implicit assumption that legal education should be about exposition and evaluation, and should reward facility in exposition and theoretical awareness. This theoretically based assumption generates a theory-induced blindness. Specifically, it obscures the dynamic relationship between law and legal practice, despite it being a familiar aspect of the world. The lawyer as rule entrepreneur is lost sight of. One alternative assumption about legal education would be that law is a game like activity; and legal education should be directed towards promoting those qualities that would enhance performance in this game. In this approach to legal education it would be practical nous that would be sought and rewarded, and such qualities as facility in exposition and theoretical awareness would receive recognition merely as qualities that can be ancillary to and elements of practical nous. Doctrinal legal education naturally pulls towards the first theory, and clinical legal education naturally pulls towards the second. We argue for a clearer awareness of the role of rule entrepreneurship in clinical programmes and in legal education generally

    IMPLICATIONS OF TAXING QUOTA VALUE IN AN INDIVIDUAL TRANSFERABLE QUOTA FISHERY

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    Taxing pure rents is usually considered the least distortionary method for raising revenues. In the literature on fishery economics, the term "rent" is regularly employed, suggesting that pure rents exist in that sector. Indeed, with the recent development of individual transferable quotas, the resulting market value of quota has been treated as reflecting pure resource rents. In this paper, the view that the market value of quota represents a pure rent that can be readily extracted in a nondistortionary manner by the taxing authority is challenged because that argument ignores both economic incentives and political realities.Resource /Energy Economics and Policy,

    Transferring employment between the public and private sectors in the United Kingdom: acquired rights and revising TUPE

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    This paper analyses the reasons for the United Kingdom's long-delayed response to the European Union’s Acquired Rights Directive. It assesses the British government’s overdue updating of the domestic legislation in 2006 in line with the latest version of the Directive, attributing its dilatory response to a combination of technical legal difficulties and conflicting political objectives. The paper concentrates on the ‘privatisation’ of public services, explaining the most recent protection now available to workers whose jobs are out-sourced to the private or voluntary sector. Member States contemplating reform of their own regulatory regimes may find the British experience instructive.</p
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