Is it a fair deal to tell tales on the tabloids?

Legal context. A recent High Court judgment, Fraser-WoodwardLimited v BBC and Brighter Pictures Limited, is of key interestto those that use or advise upon the use of copyright materialfor the purposes of criticism or review. Key points. This case involved the use of newspaper photographsof David and Victoria Beckham in a television documentary aboutthe relationship between celebrities and the press. The programmeillustrated its theme using screenshots of tabloid newspaperpages, which inevitably included a number of photographs. Theclaimant was the copyright holder in respect of a number ofthe photographs, and alleged that their reproduction in theTV programme was an infringement of copyright. The defendantssuccessfully relied upon the fair dealing and incidental inclusiondefences to copyright infringement. Practical significance. Although each fair dealing case willultimately turn on its own facts, Mann J gave a very usefulreview of the state of copyright law in this difficult area.     

Photojournalism, fair use and fair dealing

A Massachusetts decision applying the US fair use principlesto unlicensed broadcasts of news photographs highlights thespecial protection given to news photographs, but not news videos,under UK copyright law.     

Disordered personalities at work

Current categorical classification systems of personality disorders (PDs) remain widely used amid growing evidence that argues against the conceptualisation of PDs as independent, discrete entities. Adopting the dimensional perspective of Morey et al. (Journal of Personality Assessment, 49, 245–251, 1985), this study compared PD traits across forensic, psychiatric and “normal” senior business manager samples. There was particular interest in the relative representations of elements of PD closely associated with psychopathic PD because of research suggesting that some “psychopaths” operate within mainstream society, and links that have been made between elements of these so-called “successful” psychopaths, and characteristics associated with success in senior business management roles. The dimensional Minnesota Multiphasic Personality Inventory Scales for DSM III Personality Disorders (MMPI-PD) were shown to be internally consistent for the “normal” sample. Evidence for the qualitative equivalence of the four PD profiles emerged. The PD profile of the senior business manager sample was found to contain significant elements of PD, particularly those that have been referred to as the “emotional components” of psychopathic PD. The findings provide strong support for the continuous distribution of personality disordered traits.     

Racism and sexism at work

Both racism and sexism have had the effect of handicapping selected groups in terms of salary and access to jobs, promotions, and power. However, the categories of race and gender, and the experience of racism and sexism, differ in many ways. This article reviews the differences resulting from definitions of race and gender, as well as those differences stemming from historical, legal, and demographic factors. In particular, we focused on the interactive effects of racism and sexism in the experience of women of color. We examine the assumption that affirmative action operates equivalently for all racial and gender groups, and suggest some directions for further research.     

Routine activity and victimization at work

This paper introduces the idea of domain-specific models of victimization as a means of improving the fit between theoretical concepts in routine activity theory and available data. Peoples' activity and their victimization experience can be divided into domains such as work and leisure. This paper focuses on the work domain. It demonstrates that activities performed as part of the occupational role affect the risk of victimization at work to a much greater degree than demographic characteristics of workers. These findings provide support both for routine activity theory generally and for domain-specific models as a particular approach to testing the theory.     

Defederalizing Medicaid: fair to the poor, fair to taxpayers?

This paper explores the access and equity implications to the poor and taxpayers of further defederalizing Medicaid program administration. New data on enrollees and tax incidence indicates little horizontal, let alone vertical, equity in the system. Styles of cost control are also examined, showing a systematic bias towards providers and taxpayers at the expense of the poor in penurious states.     

Accidental death due to falls at work

The phenomenon of accidental death due to falls at work was studied: 15 cases that occurred during the years 1983-1987, in which a worker died from a job-related fall, are presented in some detail. A discussion follows in which risk factors for these incidents are presented along with suggestions about how to investigate such cases.     

Computer use monitoring and privacy at work

The rapid growth of new developments in communication technology has brought electronic monitoring to the forefront of today’s workplace concerns. This is an area that in recent years has drawn considerable attention amongst the media, academia and legal scholars demanding that employers do not intrude into employees’ online privacy via electronic monitoring in the workplace. However, electronic monitoring at work is not one-sided and it is arguable that employers have legitimate reasons to justify their action. This paper aims to examine employers’ justification for conducting electronic monitoring by highlighting the potential risk of financial and legal liabilities that employers may incur as a result of employees’ misuse of online services at work.     

Psychosocial work environment, interpersonal violence at work and mental health among correctional officers

The main purpose of this study was to present changes occurring between 2002 and 2004 in the prevalence of psychosocial constraints and interpersonal violence at work among officers working in correctional facilities in Quebec. Results suggest that in the absence of specific organizational intervention aimed at improving a deleterious work situation, exposure to low decision latitude remained similar between 2002 and 2004, while exposure to high psychological demands improved somewhat, for both men and women. In 2000, rates of exposure of correctional officers in Quebec to high psychological demands, low decision latitude and the combination of high psychological demands and low decision latitude (job strain) were significantly higher than those obtained for the entire population of workers in Quebec in contact with the public. Exposure of correctional officers in Quebec to intimidation at work increased substantially between 2002 and 2004, among both men and women. Globally speaking, rates of exposure to intimidation by colleagues and superiors practically doubled between 2000 and 2004. Rates of exposure to intimidation among correctional officers in Quebec were particularly high in 2004 (71% among men 66% among women) compared to rates in another study conducted among federal correctional officers (48%) by Samak. The present study also showed that in 2004, correctional officers in Quebec were more likely to present signs of psychological distress linked with work when they were exposed to high psychological demands, low decision latitude, job strain and poor social support from superiors and colleagues. Psychological distress was also shown to be greater when reward at work was scarce and when there was an imbalance between effort and reward at work. Finally, in 2004, psychological distress among correctional officers was also associated with intimidation and psychological harassment at work.     

The right to a fair criminal trial： A South African perspective

The right to a free and fair trial is one of the most basic human fights afforded to mankind. In South Africa, prior to 1994, this right was afforded to accused persons by common law only. The criminal justice system in South Africa however has been changing radically since 1994 due to the inception of first the Interim Constitution and later the Constitution of the Republic of South Africa, 1996. South Africa has a history of human rights abuses-also with regard to criminal trials. The right to a fair trial is now constitutionally enshrined and protected by the Bill of Rights. As a result thereof the application of this right by the South African courts has also changed and what would have passed muster in this regard prior to 1994 would not necessarily do so now. This paper seeks to explain what the right to a fair criminal trial in a democratic South Africa entails with reference to South Africa＇s international obligations in this regard as well as the provisions of the South African Constitution and case law.     

加强人民调解工作维护基层社会稳定

一 人民调解是一项具有中国特色的社会主义法律制度,是中国社会主义民主法制建设的一项伟大创造,是我国民间纠纷解决机制中的一大特色.长期以来,人民调解被誉为"政法工作的第一道防线",并在国际上享有"东方一枝花"的美誉,显示出强大的生命力和独特的优越性.     

Death by a cleaning pig--an unusual accident at work

A worker was killed operating on a natural gas pipeline. At a receiver station the man intended to pick up two so called cleaning pigs, each weighing about 150 kg, diameter 0.5 m. For this purpose the gas pressure in the pig trap was let off by a valve, manometer controlled. According to an eyewitness's statement, the receiver pressure was equal to outside air pressure before the accident. The victim stood right in front of the flap of the receiver when he began to unfix the screws of the flap. Whilst working, the flap snapped out driven by the two cleaning pigs. The man and the devices were flung through a wire-netting fence and dropped down on a nearby field at a distance of 27, 29 and 38 m, respectively, from the receiver. The man died on the scene of the accident. The forensic autopsy ordered by the prosecution revealed signs of massive blunt trauma on the head, thorax and abdomen. In the criminological and forensic reconstruction of the accident the external injuries of the victim were found to be consistent with the front surface of the cleaning pig flung out first. It was determined that the second pig had got stuck in the receiver and that gas pressure had built up behind the pigs due to a leaky valve. As a consequence the pigs were expelled at a velocity of approximately 220 km/h causing a pattern of injury comparable to that of a fall from a great height.     

程序公正下司法鉴定制度的完善

司法鉴定活动应符合一系列程序正义的基本理念,即当事人平等、鉴定程序公开、诉讼各方对程序的平等参与等各个方面。自全国人大常委会颁布《关于司法鉴定管理问题的决定》以来,如何在新的法律规定的规范下,体现程序公正的诉讼理念重构司法鉴定制度,是本文要着重探讨的内容。     

公平正义价值观的司法解读

保障在全社会实现公平和正义,是我国司法活动和司法改革追求的价值目标。但对公平正义基本内涵的理解和把握影响着司法功能的实现和人们对司法正义的期待。本文结合司法实践的发展现状,对社会正义观在我国的确立及其内涵、司法之于社会的功能定位、司法正义的相对性以及我国通过司法实现正义的制度化途径进行了思考,提出了自己的观点。