Deportation of Suspected Terrorists with ‘Real Risk’ of Torture: The House of Lords Decision in Abu Qatada1

This note discusses the House of Lords' decision in RB (Algeria) (FC) and another v Secretary of State for the Home Department; OO (Jordan) v Secretary of State for the Home Department that the real risk of third‐party foreign torture evidence does not meet the required standard of unfairness so as to prevent the deportation of suspected terrorists under Article 6 ECHR. It considers three key issues that were raised by this case: Parliament has deliberately restricted the right of appeal from SIAC to the Court of Appeal on questions of fact; the procedure of using closed material by SIAC in the assessment of safety on return is unequivocally permitted by statute; and the conclusions by SIAC that diplomatic assurances contained in Memoranda of Understanding do not give rise to points of law and, therefore, are beyond review by the appellate courts.     

The Cogs and Wheels of Reflexive Law – Business Disclosure under the Modern Slavery Act

In response to the novel challenges posed by labour exploitation in the contemporary business context, recent years have witnessed an increasing adoption of reflexive law in the form of slavery disclosure, s. 54 of the United Kingdom Modern Slavery Act 2015 (MSA) being the latest attempt. Given that the pragmatic usages and effects of reflexive law have been explored far less to date than its conceptual and jurisprudential implications, this article seeks to put matters right by critically examining the use of this regulatory mode in the context of s. 54. It also aims to contribute to the broader appraisal of regulatory methods by comparing reflexive laws with the traditional regulatory dichotomy which has long dominated debates on globalized business and human rights.     

Implementation of section 403(a)(2) of Social Security Act; bonus to reward decrease in illegitimacy ratio. Administration for Children and Families, HHS. Final rule

The Administration for Children and Families is issuing a final rule describing how we will award a bonus to those States that experience the largest decreases in out-of-wedlock childbearing and also reduce their abortion rates. The total amount of the bonus will be up to $100 million in each of fiscal years 1999 through 2002, and the award for each eligible State in a given year will be $25 million or less. This incentive provision is a part of the welfare reform block grant program enacted in 1996--the Temporary Assistance for Needy Families, or TANF, program.     

The ECHR in Iraq: The Judgment of the House of Lords in R (Al-Skeini) v. Secretary of State for Defence

The House of Lords has held that the ECHR does not apply tothe acts of the UK armed forces in Iraq, except in their militaryprisons. More generally, the House has endorsed the positionthat the ECHR cannot apply to areas controlled by a state partyoutside the territories of the Council of Europe. The authordisputes the treatment of the European cases that led the Houseto this position, and criticizes the suggestions that the introductionof European human rights law was culturally inappropriate andeven unlawful under the regime of belligerent occupation.     

Analyzing and Interpreting Lime Burials from the Spanish Civil War (1936–1939): A Case Study from La Carcavilla Cemetery

Over 500 victims of the Spanish Civil War (1936–1939) were buried in the cemetery of La Carcavilla (Palencia, Spain). White material, observed in several burials, was analyzed with Raman spectroscopy and powder XRD, and confirmed to be lime. Archaeological findings at La Carcavilla's cemetery show that the application of lime was used in an organized way, mostly associated with coffinless interments of victims of Francoist repression. In burials with a lime cast, observations made it possible to draw conclusions regarding the presence of soft tissue at the moment of deposition, the sequence of events, and the presence of clothing and other evidence. This study illustrates the importance of analyzing a burial within the depositional environment and taphonomic context.     

‘Supportive Parenting’, Responsibility and Regulation: The Welfare Assessment under the Reformed Human Fertilisation and Embryology Act (1990)

Section 13(5) of the Human Fertilisation and Embryology Act 1990 requires fertility clinics, before offering regulated treatment services, to take account of the welfare of any child who may be born as a result of the treatment and any other child affected by that birth. This paper presents the findings of an empirical study examining the impact on practice of the controversial reform of this section in 2008. While the broad values underpinning section 13(5) appear well embedded in clinic staff's engagement with ethical issues, there is little evidence that practice has been influenced by the 2008 amendments. A complex picture emerged regarding the implementation of section 13(5), particularly in its interaction with other factors, such as funding criteria and professional norms around counselling, implying a higher level of ongoing attention to likely parenting ability – particularly that of single women – than might be expected from a reading of the statute and guidance alone.     

Explaining Seat Changes in the U.S. House of Representatives, 1950–98

Abstract: Recent U.S. House elections have challenged existing models of congressional elections, raising the question of whether or not processes thought to govern previous elections are still at work. Taking Marra and Ostrom's (1989) model of congressional elections as representative of extant theoretical perspectives and testing it against recent elections, we find that the model fails. We augment Marra and Ostrom's model with new insights, constructing a model that explains elections from 1950 to 1998. We find that, although presidential approval ratings and major political events continue to drive congressional elections, the distribution of open seats must also be taken into account.     

Identification of 1‐(2,3‐dihydro‐1H‐inden‐5‐yl)‐2‐(ethylamino)pentan‐1‐one (bk‐IVP) in a Seized Drug Exhibit

To circumvent the law by evading regulation and obscuring their identities in routine analyses, numerous substituted cathinones have entered the illicit drug market. These compounds have been coined “bath salts” by users. In the described case, the laboratory received an unknown white powder for controlled substances identification. The sample could not be immediately identified using standard methods and procedures. Ultimately, the structure was elucidated using GC‐MS, NMR, FTIR, GC‐SPIR, UV, and color tests to be 1‐(2,3‐dihydro‐1H‐inden‐5‐yl)‐2‐(ethylamino)pentan‐1‐one (bk‐IVP), a cathinone analog with a rarely observed nonoxygenated bicyclic ring system. Features of spectra and chemical tests are reported that distinguish this class of cathinones from heterocyclic analogs.     

The Competition for Pupillages at the Bar of England and Wales (2000–2004)1

Fair entry into the legal profession promotes legal legitimacy and the inclusiveness of the administration of justice. This article asks which individual factors predict success in the competition for entry to the Bar of England and Wales. Using data from 2,178 British aspiring barristers, it finds that university attended and attainment at university and in the BVC were the strongest predictors of gaining pupillage. Ethnic minorities were initially disadvantaged in the competition for pupillages, but this became statistically insignificant when taking into account attainment and type of university. However, those aged 30 and above were still disadvantaged in securing pupillages when controlling for attainment and university. The article highlights the challenges of fair selection into a graduate‐entry legal profession. Entry is reliant on the profile of graduates emerging from the prior education system where ascribed characteristics such as ethnicity, attainment, and university type influence opportunities.     

Medicare program; changes to maintenance of effort requirements (section 421 of the Medicare Catastrophic Coverage Act)--HCFA. Notice

This notice announces the effect on employers of the repeal of section 421 (Maintenance of Effort Provision) of the Medicare Catastrophic Coverage Act of 1988 (MCCA). The enactment of Public Law 101-234 (Medicare Catastrophic Coverage Repeal Act of 1989) on December 13, 1989 repealed many of the provisions of MCCA and restored the Medicare benefit levels to those available prior to January 1, 1989. Consequently, employers are relieved of their Maintenance of Effort responsibilities effective January 1, 1990.     

Foreign Acts of Torture and the Admissibility of Evidence: The Judgment of the House of Lords in A and Others v. Secretary of State for the Home Department (No. 2)

The author discusses, from the point of view of internationalhuman rights law, the judgment of the British House of Lordsin A and Others v. Secretary of State for the Home Department(No. 2), which held that statements obtained by torture couldnever be admissible in evidence. The judgment is concluded tobe fully consonant with international law and to provide anexcellent example for other courts faced with this highly topicalquestion.     

Identification of 2‐(ethylamino)‐1‐(4‐methylphenyl)‐1‐pentanone (4‐MEAP), a New “Legal High” Sold by an Internet Vendor as 4‐Methyl Pentedrone

Online vendors are offering a new legal high, 4‐methylpentedrone (4‐MPD). Information for potential users provided by internet vendors of 4‐MPD includes incorrect structures and nonexistent CAS numbers. A sample of 4‐MPD was obtained and analyzed using GC‐MS, NMR, and LC‐EIS. The fragmentation data from the GC‐MS and LC‐EIS produced an M‐1 ion that suggested the molecular mass was 219 amu, rather than 205 amu as calculated for 4‐methylpentedrone. The difference in molecular mass corresponded to the addition of a methyl group. Based on the mass and fragmentation pattern, two standards were synthesized, 2‐(ethylamino)‐1‐(4‐methylphenyl)‐1‐pentanone and 1‐(4‐methylphenyl)‐2‐(propylamino)‐1‐butanone. The synthesis involved bromination of the appropriate ketone followed by the reaction with ethylamine or propylamine. Based on the NMR data and unique fragmentation patterns produced by these molecules, the sample was identified as 2‐(ethylamino)‐1‐(4‐methylphenyl)‐1‐pentanone, not 4‐methylpentedrone.     

Medicaid program; demonstration proposals pursuant to section 1115(a) of the Social Security Act; policies and procedures--HCFA and ACF. Public notice

This public notice informs interested parties of (1) the principles the Department of Health and Human Services ordinarily will consider when deciding whether to exercise its discretion to approve or disapprove demonstration projects under the authority in Section 1115(a) of the Social Security Act, 42 U.S.C. section 1315(a); (2) the kinds of procedures the Department would expect States to employ in involving the public in the development of proposed demonstration projects under Section 1115; and (3) the procedures the Department ordinarily will follow in reviewing demonstration proposals. The principles and procedures described in this public notice are being provided for the information of interested parties, and are not legally binding on the Department of Health and Human Services. This notice does not create any right or benefit, substantive or procedural, enforceable at law or equity, by any person or entity, against the United States, its agencies or instrumentalities, the States, or any other person.     

Party Unity,Ideology, and Polarization in Primary Elections for the House of Representatives: 1956–2012

Increasing party polarization in Congress is a vexing phenomenon for political scientists, as it offers a theoretical conundrum. Members of Congress have become increasingly ideologically divided by party in recent years, which seems counterintuitive as the public electorally punishes representatives for excessive partisanship and ideological behavior. One explanation for this result is that members receive benefits for such behavior during primaries. This article examines the effect of ideological and partisan behavior on primary challenges and primary vote totals for incumbent House members. The results show that incumbents receive benefits in the primary from greater levels of partisanship but not greater levels of ideological extremity. This finding is substantively important as it provides further insight into the motivation of congressional incumbents and offers a partial explanation for the rise in congressional polarization.     

The Development of Special Orders and Special Rules in the U.S. House, 1881–1937

The modern Committee on Rules plays a critical role in structuring the agenda of the U.S. House of Representatives. In fact, resolutions from the Committee on Rules are the primary means through which controversial legislation reaches the House floor. But the Committee on Rules did not play a role in shaping the floor agenda until the 1880s and, despite intense scrutiny of episodes such as the institution of the Reed rules and the revolt against Speaker Cannon, our understanding of the role of the Committee on Rules is limited and skewed heavily toward the post‐World War II era. This limitation is unfortunate, because special rules play a starring role in major theories of legislative organization. In this article, I present analysis of the usage and historical development of special rules in the House, and I offer findings from my empirical analysis of the determinants of rule choice from 1881 to 1937. A nuanced interrogation of new data on special rules in this era reveals support for committee specialization and conditional party government as motives for rule choice in this era.