Reflections on law and impact in the light of Brexit

ABSTRACT

The impact agenda in academic research affords rich opportunities – to inform the media, policymakers and the general public; to co-produce research with third sector organisations. In the context of Brexit, the prevailing ignorance of politicians and other stakeholders has been so profound, and the falsehoods that have had popular purchase so baseless, as to make the need for impact and public engagement all the more acute. This is not simply about fact-checking, but about making the case for the very worth of expertise, and reasserting the basic, core scientific values that drive academic work – values that have been trashed by the precepts of a postmodern nihilism, in which all positions are equally (in)valid and only your own gut can be trusted. But challenging these precepts in public arenas has personal and professional costs: significant workload implications, the acquisition of new skills and often a torrent of abuse. As such, this work needs institutional support. Departments need to value it appropriately, to promote equal access to impact opportunities and to confront the discriminatory barriers to (and consequences of) taking up the impact gauntlet. Throughout the Brexit process, expertise and experts have been dismissed and denigrated. The task now is to restore public faith in the value of the pursuit of truth.     

论欧盟法对欧盟成员国的效力

作为目前世界上最成熟和最发达的区域性国际组织,欧盟在很多方面有值得其他国际组织借鉴的地方。本文主要探讨了欧盟法对欧盟成员国的效力的问题。其中包括了欧盟法对欧盟成员国的时间效力范围和空间效力范围、欧盟法的效力优于欧盟成员国国内法、欧盟法在欧盟成员国的直接效力和间接效力以及欧盟法律与欧盟成员国法律之间的配合关系效力,以希望从中可以引出一些有益的启示。     

A research topic in education law and policy: The development of regionalism and federalism in Europe and their impact on educational policy and administration

There has been an “upgrading” of the regional level in the European policy process which also has implications for educational policy and administration. At the same time federalism has become a model not only for nation states but also for the construction of Europe. While regionalism and federalism has attracted more and more scholarly attention there has been a neglect of the implications for the educational field. The article starts by looking for models of regionalisation and federalisation as a legal and political technique of conciliating between the different levels in education. This revised version was published online in August 2006 with corrections to the Cover Date.     

The impact of economic theories on the law in market relations

The impact of economic theories on legal development, thinking and practice is undeniable. This is particularly true for neo-classical and institutional economics. Neo-classical economics are based on model assumptions of human behaviour such as pursuit of personal advantage, individualistic goals, complete information and at the same time law obedience which are the foundations of the functioning of the market mechanisms. The assumption leads to an almost mystical belief in the self-regulatory power of the market and a strong disdain and disapproval of the State. The concepts of a minimal State and de-regulation of all social relations follow from there. This article argues that model assumptions are valid scientific tools, as long as they are not taken to reflect the real world which is populated by real people that are not necessarily behaving like homines oeconomici. Preaching de-regulation and the dismissal of the State can prove simplistic and even dangerous and may lead to financial and economic crises like the ones witnessed in recent years. Institutional economics part from these empirical findings. They do not question individualism and the pursuit of egoistic objectives of market-participants, but they insist on inherent risks of this mechanism which stems from opportunistic behaviour, lack of information and transparency and the limits of trust. Property economists deduct from there that sustainable and dynamic economic development is unthinkable without well defined property title, the distinction of property and possession and credit securities. These institutions cannot be self-regulatory but need a clear legal frame, in other words rules established by a State. Transaction costs economists understand the danger of opportunistic behaviour and a corresponding systemic lack of trust in the negotiation, conclusion and execution of contracts. They underline the necessity of institutions which are capable of limiting these dangers and thus reducing transaction costs. Institutions may be customs, informal arrangements and formal law. At the end two examples are presented-real estate transactions and post-patriarchal family relations-to test the utility of these considerations.     

Incorporation of the European Convention on Human Rights into UK Law: Implications for education

This article focuses on the UK government's proposal to incorporate the European Convention on Human Rights into UK law, and the consequences of incorporation for the individual in the context of education. The first part of the article explores the mechanisms proposed for bringing about incorporation, and stresses in particular the importance attached by the government to upholding the fundamental principle of the sovereignty of the UK Parliament. In this context it emphasises the government's decision to deny to the British courts the capacity to strike down legislative provisions as being incompatible with Convention rights. The second part of the article goes on to explore (highly selectively) a number of key areas in which incorporation of the ECHR has the potential to enhance individual rights in the field of education, including parental choice of school, collective worship and religious education, and aspects of the secular curriculum. The discussion emphasises strongly the likely significance of the UK government's reservation to the second sentence of Article 2 of the First Protocol to the ECHR. Broadly, the conclusion drawn is that the incorporation of the Convention will have only a very marginal impact on the reality of individual rights to education.     

Measuring the impact of law enforcement on organized crime

This article explores the possibility of measuring the impact of law enforcement on organized crime in a reliable and accountable manner, both in general terms and with a practical focus on the Canadian context. In considering measures to combat organized crime, a focus on process measurement has obscured the more substantial question of progress as regards the dependent variable itself: the bottom line of reducing the impact of organized criminal behaviour. While outcome measures are more challenging to identify than process measures, this fact alone does not minimize the need to demonstrate the connection between organized crime enforcement and its presumed outcomes to a greater degree of certainty. To date, this has not been realized to any significant degree, as revealed by a review of existing international approaches to measuring the impact of enforcement activity. The article argues that a multidisciplinary focus on community level indicators of crime, if initially less accessible than process measures of impact on organized crime groups, offers promise as a measurement of absolute and relative impact of state investment in enforcement.

Case Comment: The Legality of ‘Kettling’ after Austin

This case comment considers the European Court of Human Rights decision of Austin v United Kingdom (2012) 55 EHRR 14. Austin claimed, unsuccessfully, that police kettling at a public protest in London amounted to a violation of her right to liberty under Article 5 of the European Convention of Human Rights. This case comment suggests that the court took an unexpected and unorthodox approach to the issue of ‘deprivation’ within Article 5. This decision may come to undermine the protections afforded by Article 5 and extend the current exceptions to Article 5 to an indefinite range of situations.     

The impact of student-generated digital flashcards on student learning of constitutional law

This article describes, evaluates and reflects upon student creation of cloud-based digital flashcards as an authentic formative and summative assessment task designed for the deep learning of constitutional law. The usefulness of digital flashcards in online legal education is explored. The undergraduate law student participants in the study responded differently to the assessment task depending upon the constitutional law topic they were assigned, the perceived relevance of constructing digital flashcards to professional practice and how they reacted to this creative task. Building digital flashcards provides a potentially powerful authentic assessment task for the study of constitutional law provided it is designed to support semester long creation, validation and sharing of digital flashcards that students perceive as professionally relevant and educationally useful. Student recommendations for designing an assessment task involving the creation of digital flashcards are evaluated.     

The use of bloodhounds in determining the impact of genetics and the environment on the expression of human odortype

Bloodhounds are used to trail fleeing felons and missing persons. In order to start a trail, the dog must be presented with a person's scent. There are many hypotheses on what a bloodhound smells while trailing. The present study attempts to identify whether human scent is genetic, and if it is influenced by one's environment. Bloodhounds trained in human scent discrimination were used to differentiate between monozygotic twins, related and nonrelated persons, living together and apart. The first test required the dogs to run blind trails after being presented with the scent of one person in the pair, while the opposite person was hidden. The second test allowed the dogs to trail one person in the pair after both people were hidden. Results appear to demonstrate that bloodhounds rely heavily on genetic cues when differentiating between people. Environmental cues do not appear to significantly aid the bloodhound in scent discrimination.     

The role of student evaluations in a PBL centred law curriculum: towards a more holistic assessment of teaching quality

ABSTRACT

Students’ evaluations are used to measure teaching effectiveness of staff. As such they are used to assess and appraise staff. The article – taking a doctrinal rather than an educational science approach – shows that there are considerable problems with the hypothesis that students’ evaluations measure teaching effectiveness. This is even more so in systems where an overarching teaching philosophy like problem-based learning (PBL) is applied. The article identifies a working hypothesis that students do not use the teaching philosophy as primary motivator to evaluate staff, leading to a perverted incentive. Changes made to the system of evaluation in the law faculty of Maastricht University are described.     

A reflection on the priorities of a data protection authority

Eric Howe, the first Data Protection Registrar, was setting up his Office about the same time as the first appearance in 1985 of this journal, whose distinguished editor Professor Saxby is now retiring. That is this author's excuse for looking back to the early years of United Kingdom data protection and reflecting on what a data protection authority is actually for. As this article hopes to make clear, using the early United Kingdom experience as an example, Data Protection Authorities are faced with an unclear role running the risk of creating false expectations among the general public. The author concludes that representations to government are often minimally effective and that with the limited resources available a DPA should give priority to encouraging compliance by data controllers and assisting individuals with a complaints resolution service.     

The Proper Purpose Rule as a Constraint on Directors’ Autonomy – Eclairs Group Limited v JKX Oil & Gas plc

The recent case of Eclairs Group Limited v JKX Oil & Gas plc highlights the pressures faced by company directors in change of control situations, in which they may be tempted to take action to prevent or discourage such change. The Supreme Court decision provides important clarity on the scope of the proper purpose rule in these (and other) situations. We explore the implications of different judicial interpretations of the proper purpose rule for the autonomy of directors in their decision‐making. We do this by focusing on the scope of the proper purpose rule, whether a subjective or objective test is employed in the application of the rule and the test for causation where a director is motivated by mixed purposes.     

遗嘱内容和效力的法律适用问题之研究——兼评《中华人民共和国民法（草案）》第9编第74条

遗嘱内容和效力的法律适用是涉外遗嘱继承关系的一个十分重要的问题,但是理论界对此的研究很少,我国现有的立法未对遗嘱继承之准据法作出明确规定。为此文章拟对上述的问题进行深入的探讨和分析,兼对《中华人民共和国民法(草案)》第74条进行评析,并提出修改意见。     

The strategic value of new university technology and its impact on exclusivity of licensing transactions: An empirical study

Commercialization of new university technology within the new product development process is an important tool by which established firms can expand their innovative capabilities. The strategic importance of the university technology to the firm, however, can vary considerably. An exclusivity agreement is a useful tool to protect the firm’s investment and help ensure that value is appropriated through the commercialization process. An empirical study of 66 technology transfer projects in the information and communications technology industry reveals that licensing transactions are usually secured by some form of exclusivity agreements when the product innovation enabled by the new university technology is new-to-the-firm or new-to-the-market and the firm’s perception of the strategic value of the new technologies is high.      

宪法泛政治化的逻辑归谬与历史反思

马伯里诉麦迪逊案创立的“政治问题不审查”之宪法惯例及与美国宪法传统相契合的政治观,将对宪法正当性的逻辑判断转读为对于主体的道德依赖,其生成的逻辑结构未免带有强迫性,导致宪法的泛政治化。近代旧中国立宪的逻辑怪圈亦然:宪法“移植”使得“应然宪法”性状无法获得“实然宪法”有效地证明,则悖论产生;“自上而下”的立宪路径和权力本位,使得宪法缺少正当性基础;明显的“工具性”特征,造成“政治”与“宪法”的“目标冲突”,形成“体”和“用”的二律背反。事实就是:宪法的泛政治化是一个世界现象,防止宪法泛政治化,宪法司法化具有价值上的合理性,但以司法化为导向的中国宪政目标之实现尚需经历一个长期的准备阶段,要防止两种极端倾向:悲观主义和冒进主义。     

行政执法环境存在的问题及对策

依法治国,建设社会主义法治国家,是党的十五大确立的基本治国方略。依法治国的核心就是依法行政。十五大以来,依法行政工作虽取得很大成就,但在现实中还存在着许多不尽如人意的地方。笔者就当前行政执法环境中存在的问题、困扰和影响行政机关执法的原因分析、改善行政执法环境的建设等三个方面来分析当前行政执法环境存在的问题和原因,研究解决问题的办法和对策。     

The Initial Changes of Fat Deposits During the Decomposition of Human and Pig Remains

Abstract:  The early stages of adipocere formation in both pig and human adipose tissue in aqueous environments have been investigated. The aims were to determine the short-term changes occurring to fat deposits during decomposition and to ascertain the suitability of pigs as models for human decomposition. Subcutaneous adipose tissue from both species after immersion in distilled water for up to six months was compared using Fourier transform infrared spectroscopy, gas chromatography-mass spectrometry and inductively coupled plasma-mass spectrometry. Changes associated with decomposition were observed, but no adipocere was formed during the initial month of decomposition for either tissue type. Early-stage adipocere formation in pig samples during later months was detected. The variable time courses for adipose tissue decomposition were attributed to differences in the distribution of total fatty acids between species. Variations in the amount of sodium, potassium, calcium, and magnesium were also detected between species. The study shows that differences in total fatty acid composition between species need to be considered when interpreting results from experimental decomposition studies using pigs as human body analogs.