Protecting charities from terrorists … and counterterrorists: FATF and the global effort to prevent terrorist financing through the non-profit sector

What role has FATF played in the global effort to counter terrorist financing through the non-profit sector? How have advocates for the sector responded and what do these developments tell us about FATF’s operations and influence? This article reflects on the emergence and evolution of FATF Recommendation 8, initially introduced as Special Recommendation VIII after the terrorist attacks in the United States on 11 September 2001. We show how the breadth of that recommendation elicited a response in the form of a "transnational advocacy network" among those within the non-profit sector. The resulting process of dialogue and the recent change in the text of the recommendation provide important lessons for scholars and practitioners concerned about FATF's accountability and authority.     

We Were Given the Order to Arrest Popov…

Between August 19 and August 21, Moscow was perhaps the only theater of military actions within the country. It was there that the fate of democracy, the fate of perestroika, was decided. If the junta had emerged victorious in Moscow, the other regions of the country would have probably capitulated without a struggle.     

The prosecutor and human rights – from the general to the particular

It is not unusual that one or all parties commit a genuine mistake when making contracts. While there is the strict general duty under the law to respect agreements, there equally exists the duty for courts and tribunals to be fair and to render commercial justice in the factual matrix of cases before them. In national legal systems and transnational law regimes, rescission for mistake on economically efficient and just terms is embedded in contractual obligations. The Solle v Butcher (1950) doctrine, which represented the English law approach, was rejected in The Great Peace (2002). Potential conflicts and crises now exist in commercial relations and international dispute resolution when ‘English law’ is the applicable law. This extends to jurisdictions where English decisions are highly persuasive. This article examines the correctness and effect of The Great Peace decision on the doctrine of equitable rescission for genuine mistake as propounded in Solle v Butcher, and possible clarifications needed after the complications brought by The Great Peace. It analyses the conceptual importance of the remedy of equitable rescission for mistake in commercial transactions, and identifies serious substantive errors of law by The Great Peace court. Finally, it provides other effective, fair and efficient legal methods that remain available to avoid the weaknesses of the decisions.     

Back from the future: did the LETR really prepare us for the future?

The eagerly awaited outcomes of the Legal Education and Training Review provide a richness of data on the nature and content of legal education which is invaluable for legal education researchers. However, it is argued here that in so far as the Review was concerned with context and with preparing providers of legal services for a more challenging future, it neglected or understated some key issues. The extent of change in terms of the growth in the unregulated sector and in the way services are delivered, along with significant change in the way legal education and training itself is provided were perhaps all underestimated. Importantly, it is argued that the regulatory framework of the EU and its current developments and controversies were barely touched on yet not only is that framework directly relevant but it also has much to offer in terms of experience and ideas.     

Is the exploding powder gas of the propellant from blank cartridges sterile?

Shots from blank weapons loaded with blank cartridges, when fired from close range or as a contact shot, almost always cause the skin to burst open and lead to injuries to structures below the surface. Subsequently, wound infections are often observed. In addition to the introduction of skin germs, the possibility exists that contaminated propellants may enter into consideration as a source of infection. Using step-by-step experimental procedures we were able to demonstrate that: 1. Blank cartridge propellants were almost always contaminated with Bacillus cereus (nitrocellulose powder more so than black powder); 2. When the shot is fired numerous bacteria survive and are forced out with the gunsmoke from the weapon and thus find their way into the wound. In principle, blank cartridge propellant thus exhibits as much potential for wound infection as the skin germs. Clearly, the species B. cereus is prominent in this context. For open injuries even with ‘harmless’ blank weapons, an antibiotic prophylaxis should always be administered.     

Reproductive behaviour in the Lutheran urban family from historical Poland (the Parish of St. Peter from Poznań, the second half of the nineteenth century)

Fertility and reproductive behaviour in the nineteenth-century Lutheran family from the city of Poznań was characterized. Use was made of the St. Peter parish (Peterkirche) registers from 1840s to 1870s, upon which reconstructions of the individual histories of 463 families were based. Fertility was assessed on the basis of the length of between-birth intervals according to their order and age of women. Next, the age-specific fertility rates of women f_x and Coale Index of marital fertility I_g were calculated. From a seasonal rhythm of both marital and illegitimate births, and reconstructed on the basis of these, the annual rhythm of marital and prenuptial conceptions were characterized. In the Lutheran Parish of St. Peter from the city of Poznań illegitimate births and prenuptial conceptions accounted for almost 10% and over 5% of all births, respectively. Lack of seasonality for marital births was noted here. Illegitimate births, by contrast, were characterized by a statistically significant annual rhythm: their maximum was noted in April, which was a result of conceptions during summer. The average woman with completed reproduction cycle gave birth to the first and to the last child at the ages of 29 and 40 years, respectively. She therefore used 32% of her whole reproductive period. Late age of birth of the first child was associated with late age of marriage of women (on average 28 years). An average woman with completed reproduction gave birth to 4.8 children. The average length of the protogenesic interval was 18 months. The highest fertility occurred in women aged between 20 to 29 years. The value of the I_g index was 0.67, and proved a lack of birth control rather than conscious birth regulation. Generally, Lutheran women from Poznań were characterized by fairly high reproductive potential.     

Beyond “Sic Utere …” to the Regional General Welfare

Since the lower court opinions in Oakwood at Madison and Mt. Laurel, a definitive decision has been awaited from the New Jersey Supreme Court dealing with the issues of exclusion in housing and land use regulations. It was also expected that Justice Hall, author of the well-known Vickers' dissent, would have the chance to lead the majority in its decision, Though Madison reached the court first, it was fraught with delays and unusual circumstances, placing it in line behind Mt. Laurel. Thus, Mt. Laurel emerged as the vehicle for this court's important restatement of the law of municipal land use control. Announced March 24, 1975, the New Jersey Supreme Court's decision in Mt. Laurel was indeed written by Justice Hall—a valedictory of sorts just before his retirement from the bench in April.     

Does racism affect health? Evidence from the United States and the United Kingdom

Blacks have worse overall health than whites in both the United States and the United Kingdom. However, the relative difference in health between the two groups within each cultural context differs between each context. In this article, we attempt to glean insights into these health disparities. We do so by first examining what is currently known about differences in morbidity and mortality for blacks and whites in the United States and the United Kingdom. We then turn to medical examination data by race and country of birth in an attempt to further untangle the complex interplay of socioeconomic status (SES), race, and racism as determinants of health in the United States and the United Kingdom. We find that (1) longer exposure of blacks to the recipient country is a risk for mortality in the United States but not in the United Kingdom; (2) adjustment for SES matters a good deal for mortality in the United States, but less so in the United Kingdom; (3) morbidity indicators do not paint a clear picture of black disadvantage relative to whites in either context; and (4) were one to consider medical examination data alone, differences between the two groups exist only in the United States. Taken together, we conclude that it is possible that the "less racist" United Kingdom provides a healthier environment for blacks than the United States. However, there remain many mysteries that escape simple explanation. Our findings raise more questions than they answer, and the health risks and health status of blacks in the United States are much more complex than previously thought.     

Who Benefits from the Party Organization? Evidence from Republican House Members' Attendance at Caucus Meetings

As the role of US congressional parties in the legislative process has increased, so has the importance of understanding the institutions within these organizations. In this article, we examine the weekly caucus meetings held by Republican House leaders with their rank‐and‐file. We consider how members’ characteristics relate to their decision to attend based on the collective and private benefits that caucus participation affords. Using interviews of members and staffers as well as members’ attendance records at these meetings from 2007 to 2013, we find, among other things, that members who vote less with their party or who have more seniority are less likely to attend while those in leadership positions or who are electorally vulnerable are more likely to do so. Together, these findings provide additional insights on the relationship between party leaders and their members and which members benefit from this central party‐building activity.     

Why football players may benefit from the ‘shadow of the transfer system’

Transfer restrictions have a long tradition in professional sports but came under heavy attack in recent years (e.g. Bosman ruling, Monti system). Based on a bargaining model with stochastic player productivity, we show that less restrictive transfer rules reallocate ex post bargaining power from players to clubs. This reallocation is efficient and in the ex ante self-interest of players. The right to charge transfer fees enables clubs to insure their players. The players, in turn, benefit by converting risky future income into riskless current income. Overall, player utility is higher under more than under less restrictive transfer rules.