The European Court of Justice in Bolagsupplysningen: The Brussels I Recast Regulation's jurisdictional rules for online infringement of personality rights further clarified

In the European Union the Brussels Ibis Regulation governs the jurisdiction of Member State courts in civil and commercial matters. The reference for a preliminary ruling coming from the Estonian Supreme Court in the Bolagsupplysningen case offered the European Court of Justice another opportunity to develop its interpretation of the special ground for non-contractual obligations (article 7.2). The European Court of Justice's Grand Chamber ruled that legal persons, like natural persons, have the option of bringing a claim based on the infringement of personality rights by an online publication before the courts of the Member State where their centre of interests is located. It laid down that the centre of interests of a legal person pursuing an economic activity is determined by reference to the place where the company carries out the main part of its economic activities. The victim of a tortious internet publication can only seek an order for rectification and removal of the incorrect information in the courts that have jurisdiction over the entirety of the harm sustained and not before the courts that only enjoy jurisdiction with regard to the damage suffered in their territory.     

US police officers’ knowledge regarding behaviors indicative of deception: Implications for eradicating erroneous beliefs through training

Abstract

The current study surveyed a random sample of Texas law enforcement officers (n?=?109) about their knowledge regarding behaviors indicative of deception. The officers were not highly knowledgeable about this topic, overall performing at a chance level in assessing how various behavioral cues relate to deception. Confidence in one's skill was unrelated to accuracy, and officers who reported receiving the most training and utilizing these skills more often were more confident but no more accurate in their knowledge of the behaviors that typically betray deception. The authors compare these results to previous studies that have examined officers’ beliefs in other countries and discuss the implication of these results in terms of developing future training programs that may debunk the common misconceptions that officers possess.     

Locating Al Qaeda's Center of Gravity: The Role of Middle Managers

This article claims that the ongoing debate about the structure and dynamics of Al Qaeda has failed to appreciate the importance of an organizational layer that is situated between the top leadership and the grass-roots. Rather than being “leaderless,” it is the group's middle management that holds Al Qaeda together. In Clausewitzian terms, Al Qaeda's middle managers represent a center of gravity—a “hub of … power and movement”—that facilitates the grass-roots’ integration into the organization and provides the top leadership with the global reach it needs in order to carry out its terrorist campaign, especially in Europe and North America. They are, in other words, the connective tissue that makes Al Qaeda work. The article substantiates this hypothesis by providing a number of case studies of Al Qaeda middle managers, which illustrate the critical role they have played in integrating the grass-roots with the top leadership. The policy implications are both obvious and important. If neither the top leadership nor the grass-roots alone can provide Al Qaeda with strategic momentum, it will be essential to identify and neutralize the middle managers, and—in doing so—“cause the network to collapse on itself.”     

Public interest law revisited 1

This article undertakes a detailed examination of the practical desirability and legal validity of arbitration clauses under the Nigerian legal regime. This involves navigating through provisions of the relevant Rent Control and Recovery of Premises Law. Areas of incompatibility (including those bordering on jurisdiction, penal provisions and enforcement of awards) between the latter law and arbitration clauses are then discussed. Finally, recommendations are made to the effect that the Rent Control and Recovery of Premises Law should be amended.     

导入ISO9001:2000背景下地方政府绩效考核指标体系述评

地方政府在导入ISO质量管理体系的背景下,其绩效如何考核?国际标准化组织设计了一套完整的指标体系,包括"好政府的制度发展、经济的可持续发展、全面的社会发展和环境的可持续发展"等四个维度。本文对这套指标进行了介绍,并结合中国的具体情况进行了分析,目的在于为地方政府导入ISO质量管理体系进行理论上的指导。文章认为,导入这套指标体系符合我国建设和谐社会和落实科学发展观的要求,有利于促进政府职能转变,有利于解决当前我国的社会问题。因此,它在我国具有相当强的可适用性。     

中美政府人事管理价值的历史演进与比较分析

价值的进路是深入到政府人事管理内核的必由之路。美国政府人事管理价值的历史演进体现了政治回应、道德主义、效率、个人权利、专业的职业化、社会公平等价值,其发展趋势是维护传统理念、加强管理弹性和以结果为本。中国政府人事管理价值的历史演进体现了宗族主义、政治回应、道德主义、公平竞争、分权等价值,其发展趋势主要是法治主义、效率和分权。美国和中国在政府人事管理价值历史演进和发展趋势上呈现了许多共同点和差异。     

Correlation between saw blade width and kerf width

Most studies of saw marks have focused on morphological characteristics and their utility in identifying saws suspected to have been utilized in cases of criminal dismemberment. The present study examined the extent to which metric analysis may be used to correlate saw blade measurements with minimum kerf widths (MKWs). A sample of 56 partially defleshed white‐tailed deer (Odocoileus virginianus) long bones was utilized as proxy for human remains. The long bones were cut using a variety of commercially available saws, including 11 manual‐powered and 5 mechanical‐powered saws. A total of 496 false start kerfs (FSKs) were created. Two experiments were performed, with the first test examining the MKWs of FSKs produced on specimens that were restrained using a bench vise, while the second test analyzed the MKWs of FSKs produced on minimally restrained specimens. Statistical analysis using Hierarchical Linear Modeling (HLM) indicated a positive relationship between saw blade width (mm) and MKW, with blade width (p < 0.001) and the overall difference between the mechanical‐ and manual‐powered saws (p = 0.029) tested, reaching statistical significance. A comparison of MKWs produced using manual‐powered saws on restrained and minimally restrained bones suggests that restraint condition (p = 0.009) has a statistically significant effect. In comparisons of MKWs to blade widths, the average ratio for mechanical‐powered saws is 18.7% greater than the average ratio for manual‐powered saws. While the mode of the ratios was 1.42, thus supporting the general rule that MKW does not exceed 1.5 times blade width, multiple individual ratios did surpass 1.5.