The Non-Subversive Function of European Private Law: The Case of Harmonisation of Family Law

Abstract:  This article challenges the widely diffuse view of family law as peripheral to private law. It aims to the de–marginalisation of family legal issues, by showing their ties to the market realm and freedom of contract. In this theoretical framework, the article analyses the process of family law harmonisation in Europe. In particular, it focuses on three steps or aspects in respect to which the presumed peculiarity of family law is proclaimed and reveals, at the same time, its groundlessness: the status/contract dichotomy as a reflection of the family/market divide which seems to influence future developments of the harmonisation of law in Europe; the presumed political character of family law, which represents the leitmotiv in most recent harmonisation projects; and the subsequent strictly national character of family law, which makes EC institutions much more cautious in intervening in these matters than in any other field of private law.     

BRINGING PEACE TO THE LATINO COMMUNITY

This study addresses the need for a parent education program for divorcing and separating parents in the Latino community. It is intended to identify special needs and issues that may affect the implementation of such a program and proposes a framework as to how such issues might be addressed and met. This study is based on the implementation of the PEACE (Parent Education and Custody Effectiveness) program, an existing parent education program in New York State. This study will explore how the program may need to be adapted or modified to serve adequately and effectively the Latino community.     

The thought of Deng Xiaoping

One of the abiding curiosities in the 20th century has been the success of Marxist revolutions in underdeveloped societies. In the case of China, not only did Marxism—Leninism provide little assistance to the communist party on economic development, the problem was compounded by the disastrous ideas of Mao Zedong which, by the time of his death, brought the economy to the brink of ruin. It was Deng Xiaoping who provided the ideological roadmap and legitimation for the reform and modernization of the Chinese economy. By returning to classical Marxism's emphasis on productive forces, Deng managed to transform Marxism into a developmental nationalist ideology. In so doing, Deng paved the way for the current resurgence of nationalism in the People's Republic.     

Watchdogs or attack dogs? The role of the Russian courts and the central election commission in the resolution of electoral disputes

Do Russian courts constrain the state? Or do they facilitate arbitrary state action by favouring state agents over other litigants where such bias is not built into the written laws? Are Russian elections fair? The answers to these questions would help us assess Russia's progress towards establishing the rule of law and a democratic regime. The evidence presented in this article suggests that in electoral registration cases where incumbent politicians have a stake, the Russian courts and the Central Election Commission (CEC) are responsive to pressure from them. More specifically, the systematic analysis of all denials of registration by a District Election Commission (DEC) associated with the 1999 parliamentary election suggests that the Russian judiciary was subject to pressure from the regional authorities. Regional oppositionists tended to seek redress at the CEC, rather than at the local courts. Protégés of the regional administration, on the other hand, preferred to take their appeal to the local courts. A further indicator of the weakness of rule of law in Russia is that previous experience with the legal system made a candidate less rather than more likely to pursue an appeal. At the same time, however, scathing journalistic accounts of judicial corruption, inefficiency, and total subservience to politicians seem to be exaggerated. In 1999, both the courts and the CEC were acceptable appeal venues, since opposition candidates used them to defend their electoral rights more often than all other groups of candidates.     

Has the Food Stamp program become more accessible? Impacts of recent changes in reporting requirements and asset eligibility limits

This paper uses data from the 1996 and 2001 panels of the Survey of Income and Program Participation to assess the impact of recent policy initiatives intended to increase access to Food Stamps. It finds that reductions in state certification requirements increased Food Stamp participation rates of income‐eligible families with children by one to two percentage points from 2001 to 2003, a change that is comparable to the impact of changes in economic conditions over this period. It did not find consistent evidence of an impact of relaxing vehicle asset limits, or of offering continuous eligibility through the Semi‐Annual/Simplified Reporting option. © 2006 by the Association for Public Policy Analysis and Management     

Japanese youth consumption: A cultural and a social (r)evolution crossing borders

This paper deals with the issue of Japanese youth as the social group that is (r)evolutionising the consumption trends in their society by a cultural change in values and lifestyles. These changes are reflected in new ways of social relations, work, gender issues and mainly consumption patterns. Japanese youth is creating a pop culture of their own that is spreading around East and South-East Asia, affecting their consumption trends as well. Such influence confers a new identity to the region that will be a key issue for marketers in the 21^st century.The author thanks the help of the Spanish Ministry of Industry and Technology through the R&D Project BS02003-07810, that enables the funding of this ongoing research.     

A Mediator on the World Stage?—How the EU's Commitment in Foreign Affairs is Portrayed by New Zealand and Australian Media

Abstract: ‘European identity’ is as much a contested concept as is the role of the European Union in foreign affairs. This article combines the two concepts and introduces a third variable, ‘the Other’, in order to address the following questions: How do non‐Europeans perceive the EU on the world stage? Is a tentative identity as a mediator in foreign affairs conveyed in the EU's conduct of foreign policy? Analysing 10 newspapers, 4 television bulletins, and 830 public surveys from Australia and New Zealand in the first half of 2004, this article argues that the EU's efforts to further democracy and peace are often marginalised in Australian and New Zealand perceptions. Nevertheless, subtle traces of perceptions of the EU as a potent global actor promoting human rights and environmental sustainability and challenging unilateral US policy courses were detected.     

The British whistleblower protection bill

This paper critically examines the first attempt to offer general statutory protection to United Kingdom whistleblowers. Despite some useful provisions, the paper concludes that the bill is retrogressive, unsophisticated and narrow; and that it will be the legal profession not employees of conscience who will benefit from this instrument if it passes into law. This revised version was published online in July 2006 with corrections to the Cover Date.