Prudential Assurance Co. Ltd. v. London Residuary Body — The end of pragmatism or the beginning of reason?

Conclusion Whilst Lord Templeman seemed satisfied with the result of the decision in thePrudential case, Lord Browne-Wilkinson did not share his view. He said that the outcome of the case was unsatisfactory and did not accord with the agreement of the parties. He said No one has produced any satisfactory rationale for the genesis of this rule. No one has been able to point to any useful purpose that it serves at the present day and he urged the Law Commission to examine whether the rule should continue to operate in English law.The genesis of the rule was, it seems, satisfactorily described by Lord Templeman and its usefulness lies in the fact that it imposes a degree of certainty and reliability on the parties. Each knows from the outset what they have contracted for. Its failing lies in the fact that its operation, as Russell L.J. rightly pointed out, leads to a freely negotiated bargain being defeated. If the Law Commission does examine the rule then clearly the central issue will be the balancing of these two principles and which is to be given effect to. If the law wishes to see certainty and reliability in this area, then Lord Templeman's decision is undoubtedly welcome since the law was clearly in a state of flux and confusion before the case.     

R&D spinoffs: Serendipity vs. a managed process

This paper describes some of the spinoff benefits that can result from R&D projects, and categorizes them in terms of the dimensions of market and technical newness. These dimensions are discussed with reference to two types of spinoffs: 1) alternative market applications, when the results of an R&D project are subsequently applied to a market or use that differs from the originally intended application, and 2) second-generation technologies, when the technology that was the subject of an R&D project is significantly altered or enhanced in unanticipated ways through subsequent R&D. Examples from the Department of Energy's Energy-Related Inventions Program are integrated into the results of literature review to illustrate key concepts, including core technologies, degrees of market and technology newness, technology robustness, and the nature of connections linking spinoffs to prior R&D investments. The paper concludes by discussing spinoffs as a managerial strategy.     

Moral atrophy in the welfare state

The welfare state is often accused of being counterproductive: as the scope of public responsibility expands, private morality (especially altruism and benevolence) atrophies. This essay surveys psychological findings for evidence, which turns out to be broadly consistent with either of two models of moral development, each bearing distinct policy implications. The model of morally keeping in practice that is implicit in the term moral atrophy suggests the need for frequent opportunities to exercise moral skills, which would seem inconsistent with the welfare state. Alternatively, the model of moral character-building favoured by both philosophers and ordinary discourse would require only occasional reminders of one's moral principles. On this model, benevolence could usefully supplement the welfare state.     

Seeing Canada Through the Referendum: Still a House Divided

On 26 October 1992, a majority of Canadians in a majority ofprovinces rejected the Charlottetown Accord in a national referendum.The accord capped the "Canada round" of constitutional negotiationsand attempted to satisfy Quebec, while also addressing otherpan-Canadian issues. The accord was defeated for different reasonsin different parts of the country. In Quebec, the "No" sideargued that the agreement did not meet their demands for greaterjurisdictionalautonomy within the federation. In the rest of Canada, the "No"side was particularly successful in demonstrating that the agreementdeviated from the principle of equality in the treatment ofindividuals and provinces. These critiques, inspired by differentvisions of the federation, lead in different directions. Inlight of these divisions, many commentators have suggested thatintergovernmental elites ought to abandon efforts of wholesaleconstitutional change. However, political developments in Quebecmay force these questions back onto the agenda.     

Teaching Negotiation Theory and Skills Over the Internet

Negotiating on-line is becoming an increasingly common phenomenon in the workplace. The medium of the Internet also offers promising, opportunities for negotiation educators to reach out to participants that might otherwise be unable to attend a seminar. The authors used the Internet to teach negotiation theory and skills during a seven-week seminar that was conducted completely over the World Wide Web. This experiment revealed several advantages and difficulties likely to arise in the conduct of distance learning for topics in negotiation. The authors reflect on how they would organize the seminar differently, should they do it again, and offer suggestions for others organizing courses using the Internet.     

The MacArthur Treatment Competence Study. II

This article reports the development and psychometric properties of three standardized and objectively scored measures, the MacArthur Treatment Competence Research Instruments. They were designed to assess abilities related conceptually to four legal standards for competence to consent to treatment: understanding, appreciation, rational manipulation (reasoning), and expressing a choice. Scoring reliability, internal consistency, intertest correlations, and test-retest correlations were examined with data from samples of hospitalized patients with schizophrenia, major depression, and ischemic heart disease, as well as matched non-ill community samples. The results indicate very good interscorer reliability and provide guidance for the use of the instruments and interpretation of their results in future research on patients' decisional abilities in treatment contexts.