The European Union and law in context: the context

It is widely acknowledged that the contextual study of European Community law, later European Union law, has contributed to a richer understanding of EC/EU law. This review proposes a contextual reconstruction and analysis of EC/EU law in context, or what is the same, it considers the institutions, milieus and debates which fostered the analysis and assessment of EC and EU law as ‘an intricate web of politics, economics and law’, at the same time that facilitated the development of critical self-consciousness about the underlying assumptions that scholars (including contextual scholars) bring to their study of law. This is done by engaging with the work of Francis Snyder, and in particular, with his groundbreaking collection “New Directions in European Community law”

Administrative liability: a comparative study of French and English Law

The argument of this thesis is that the legal liability of the administration in France and England, at first sight very different, is actually very similar. In France, the existence of a separate system of administrative courts with jurisdiction in delictual actions against the administration haG led to a division between public and private law. In practice, however, the distinction is less clear than might be supposed because the substantive rules of public and private law are very similar, while in some cases the State is answerable to the civil courts. Although French law is drafted in terms of general principle in contrast to the English common law, the existing rules of liability are not in practice dissimilar. Two theoretical bases of liability are, however, relatively novel: the risk principle (which applied to the administration can be used to impose liability for all unlawful or invalid administrative acts) and the principle of Equality before Public charges (which can be used as a theoretical basis for a system of administrative compensation). On examination, the adoption of these principles into English law is seen to necessitate a change in our traditional constitutional balance of power. Nor, in any event, are they actually the basis of the French system. Neither French nor English law is, at the end of the day, coherent and all—embracing. Both need to be buttressed by statutory and extra— statutory administrative compensation schemes. These should be seen as an acceptable and efficient substitute for civil liability and their development, co—ordination and rationalisation encouraged accordingly

A measurement model of women\u27s behavioral risk taking

The current study was designed to gain a better understanding of the nature of the relationship between substance use and sexual risk taking within a community sample of women (N = 1,004). Using confirmatory factor analysis, the authors examined the factor structure of sexual risk behaviors and substance use to determine whether they are best conceptualized as domains underlying a single, higher order, risk-taking propensity. A 2 higher order factor model (sexual risk behavior and substance use) provided the best fit to the data, suggesting that these 2 general risk domains are correlated but independent factors. Sensation seeking had large general direct effects on the 2 risk domains and large indirect effects on the 4 first-order factors and the individual indicators. Negative affect had smaller, yet still significant, effects. Impulsivity and anxiety were unrelated to sexual health risk domains

The use of a mirror reduces isolation stress in horses being transported by trailer

Horse trailers are a common form of transportation for horses and ponies and often require the animal to travel alone or with a single companion. The current study investigated the effect of transporting horses alone, in company or with an acrylic safety mirror (measuring 81 x 61.5 cm) that provided surrogate companionship. The behavioural and physiological responses of twelve mature horses during a 30-minute journey by trailer under the three treatments were compared. Behaviour (vocalisation, eating, head-tossing, pawing, and head turning) was recorded. In order to assess circulatory changes that occur as part of the response to transport, heart rate (HR), rectal (Tr) and ear-pinna (Tp) temperatures were recorded. When travelling with a live companion significantly less time was spent vocalising (p<0.001), head turning (p<0.001), head-tossing (p<0.01) and pawing (p<0.01); eating behaviour increased (p<0.05). Physiological responses (increases in HR and Tr and decreases in Tp) were also significantly reduced when travelling with a live companion (p<0.01). Travelling with the mirror did not significantly affect physiological responses compared with travelling alone, but the rise in Tr and fall in Tp was reduced (p=0.052 and p=0.051 respectively) and can be considered a trend. When travelling with a mirror significantly less time was spent turning the head (p<0.01), vocalising (p<0.05) and head tossing (p<0.05); eating behaviour increased (p<0.05)

Judicial Review, Irrationality, and the Legitimacy of Merits-Review

The definition of the irrationality ground of judicial review recognises the constitutional principle of the separation of powers, in allowing for judicial control of the executive only very rarely. The author in a previous article in this study found that the courts, on occasions, had intervened in circumstances where administrative decisions arguably were not irrational. To this end, the purpose of this article is to assess the constitutionality of these seemingly low standards of irrationality. The author does so by reference either to the manner of review employed—the use of the proportionality principle, for example—or the context of the administrative decision under scrutiny, such as the infringement of the applicant’s fundamental rights. The author finds that the cases from the previous article where low standards of irrationality were arguably adopted were, in fact, legitimate according to these chosen methods of evaluation. However, this is an interim conclusion because, for reasons of word length, the author is unable to complete a full assessment here. It is therefore proposed that a subsequent article will continue to examine the constitutionality of these cases. Furthermore, the author will also try and establish a zone of executive decision-making, for reasons of democracy, where the courts are excluded from irrationality review. If the author is unsuccessful in this regard, the final conclusion of this study will inevitably be that low standards of judicial intervention exist without limit—a clear assault on the constitutional principle stated above

"Women's rights, the European Court and Supranational Constitutionalism"

This analysis examines supranational constitutionalism in the European Union. In particular, the study focuses on the role of the European Court of Justice in the creation of women’s rights. I examine the interaction between the Court and member state governments in legal integration, and also the integral role that women’s advocates – both individual activists and groups – have played in the development of EU social provisions. The findings suggest that this litigation dynamic can have the effect of fueling the integration process by creating new rights that may empower social actors and EU organizations, with the ultimate effect of diminishing member state government control over the scope and direction of EU law. This study focuses specifically on gender equality law, yet provides a general framework for examining the case law in subsequent legal domains, with the purpose of providing a more nuanced understanding of supranational governance and constitutionalism

School Toileting Environment, Bullying, and Lower Urinary Tract Symptoms in a Population of Adolescent and Young Adult Girls:Preventing Lower Urinary Tract Symptoms Consortium Analysis of Avon Longitudinal Study of Parents and Children

AIM: Little is known about the association of the school toilet environment with voiding behaviors and lower urinary tract symptoms (LUTS) in adolescents. The purpose of the present longitudinal, secondary data analysis is to examine whether the school toilet environment at age 13, including bullying, is associated with LUTS at ages 13 and 19. METHODS: The sample comprised 3962 female participants from the Avon Longitudinal Study of Parents and Children (ALSPAC). At age 13, participants reported on 7 school toilet environment characteristics and a range of LUTS items. At age 19, participants completed the Bristol Female Lower Urinary Tract Symptoms (ICIQ-BFLUTS) questionnaire. RESULTS: All toilet environmental factors were associated with at least one LUTS outcome at age 13. Holding behavior was associated with all school toilet environmental factors, with odds ratios (ORs) ranging from 1.36 (95% CI: 1.05, 1.76) for dirty toilets to 2.38 (95% CI: 1.60, 3.52) for feeling bullied at toilets. Bullying was associated with all LUTS symptoms; ORs ranged from 1.60 (95% CI: 1.04, 2.07) for nocturia to 2.90 (95% CI: 1.77, 4.75) for urgency. Associations between age 13 school toilets and age 19 LUTS were in the same direction as age 13 LUTS. CONCLUSION: This is the first examination of associations between school toilets and LUTS. Toileting environments were cross-sectionally associated with LUTS in adolescent girls. While further work is needed to determine whether these associations are causal, school toilet environments are modifiable and thus a promising target for LUTS prevention