Women's activism and women's voices in society and the state

Poverty, Social Assistance, and the Employability of Mothers: Restructuring Welfare States. By maureen baker and david tippin. The Politics of Pragmatism: Women, Representation, and Constitutionalism in Canada. By alexandra dobrowolsky. Black Eyes All of the Time: Intimate Violence, Aboriginal Women, and the Justice System. By anne mcgillivray and brenda comaskey. Is Multiculturalism Bad for Women?By susan moller okin.     

Separate opinions in the European Court of Human Rights

Separate opinions, both concurring and dissenting, have beena feature of judgments of the European Court of Human Rightssince its earliest days, but detailed studies of their incidenceand impact have until recently been sparse. This article, basedon an AHRC-funded research study, offers a survey of the researchliterature and describes the outcome of its own considerationof such opinions. The use of separate opinions in the EuropeanCourt of Human Rights is significant, but the incidence of soledissents by national judges is very low. It would appear thatthe main determining factor in the writing of a separate opinionis judicial temperament. There is some evidence that the backgroundof judges prior to their election to the Court has some influenceon their approach to writing separate opinions. The Court, however,demonstrates high levels of collegiality and the use of separateopinions contributes to the transparency of its decision-making.     

Federal Government Reform: Lessons from Clinton’s “Reinventing Government” and Bush’s “Management Agenda” Initiatives

Newly elected presidents oftentimes set out to reform the executive branch. This has been the norm for more than 100 years, and indications are that the next president will follow this pattern. The authors have had firsthand experience over the past 15 years with White House–led government reform efforts. They provide their insights on President Bill Clinton’s reinventing government initiative and President George W. Bush’s management agenda efforts. Based on their experience, they offer lessons to the next president’s team on what they might do to get a reform effort started successfully and how to get reform initiatives implemented and sustained.     

Comparative advertising and celebrity photographs--fair dealing under the CDPA 1988

Legal context. Legal context. This article reviews the conceptof ‘fair dealing’ under Copyright Designs and PatentsAct 1988, section 30. It does so in the context of to recentcases concerning the fair dealing defence, IPC Media Ltd v NewsGroup Newspapers Ltd and Fraser Woodward Ltd v BBC are considered. Key points. The traditional approach of courts to ‘fairdealing’ is based upon a number of ‘factors’considered relevant in determining whether a use of a copyrightwork is fair. The article argues that there are a number ofproblems with this approach. In particular, it claims that theapproach is unsystematic and rests upon a number of questionableassumptions. It suggests that the decision of Hart J in IPCMedia Ltd demonstrates these problems to a very significantdegree. In contrast, that of Mann J in Fraser Woodward Ltd provideswelcome guidance on the application of the concept of fairnessin certain cases. Practical significance. The criticisms made in this articlehighlight a number of discrepancies in the existing case lawand suggest a need for closer consideration and greater disciplinein decision-making in this area.     

Measuring Judicial Performance in Latin America

An increasing number of development scholars and policymakers are recognizing the importance of Latin American judicial reforms in shaping the ultimate outcome of the region's "dual transition." We can hardly begin to assess the conditions in which judicial systems are likely to improve, however, unless we have a means to measure judicial performance systematically across countries. This article offers just such a comprehensive cross-national measure of judicial performance for Latin America. Drawing from a survey of Latin American legal scholars and practitioners from 17 countries in the region, it seeks to establish a more valid, and therefore more useful, assessment of the performance of Latin American judiciaries than existing measures, in order to advance efforts to understand the causes and consequences of effective judicial reforms in the region.