Premature or stillborn? – The recent challenge to the Digital Economy Act

The High Court has recently delivered judgment on the judicial review of the Digital Economy Act 2010 (DEA) and the draft Costs Order¹ on application by BT and Talktalk.² Mr Justice Kenneth Parker rejected the application on all but one ground (one aspect of the cost sharing arrangement). See: The Queen on the Application of British Telecommunications Plc, Talktalk Telecom Group Plc v The Secretary of State for Business, Innovation and Skills [2011] EWHC 1021 (Admin), Judgment of 20. April 2011.     

A bird bereaved: The Identity and Significance of Valmiki's Krauñca

The key event at the start of the Sanskrit Ramayana attributed to Valmiki is the death of a bird at the hands of a hunter. In Sanskrit, that bird is termed krauñca. Various identifications have been offered in the past but uncertainty persists. Focusing on the text of the critical edition and drawing on ornithological data regarding the birds commonly suggested, this article establishes beyond doubt that Valmiki's krauñca bird is the Indian Sarus Crane. It then considers a key verse in the southern recension, omitted by the editors of the critical edition, which supports this identification. Finally, the article explores the significance of the Indian Sarus Crane for the epic scene.     

Pathways to work for low‐income workers: The effect of work in the temporary help industry

This paper provides new evidence to inform the policy debate about the effect of a newly important industry—the temporary help industry—on the labor market outcomes of low‐income workers and those workers who are at risk of being on public assistance. The core issue of whether temporary help work harms the long‐term prospects of disadvantaged individuals depends critically on the alternatives available to the worker. Temporary employment results in labor market outcomes that are better than not working at all. For example, while nonemployed public assistance recipients have only a 35 percent chance of being employed a year later, those who were in temporary employment have almost twice the likelihood of being employed in the same period. These findings, if correct, would support the use of temporary agencies by welfare programs. © 2003 by the Association for Public Policy Analysis and Management     

The Fiscal Consequences of Changing Federal and State Revenue Policies: The Case of Small Oregon Cities

This article examines the fiscal consequences for twelve, smallOregon cities of recent changes in federal and state intergovernmentalrevenue policies. Many small local governments have experienceddouble revenue reverses in recent years—reductions inown-source revenues because of economic decline as well as decreasesin intergovernmental revenues, especially federal aid. The twelvesmall cities are compared with all 241 cities in Oregon andthe 136 Oregon cities in the 1,000 to 49,999 population range.Using aggregate and interview data, a major finding is thatalthough stabilization and/or decline in federal-state revenuesharing and entitlement program funds have accentuated difficultlocal revenue situations, economic decline has been the moreimportant contributor to the fiscal stress of the twelve smallmunicipalities. Most of the twelve cities had limited fiscalcapacity—as indicated by low assessed property valuations—makingit difficult to produce sufficient revenue to meet basic publicservice needs. These cities were also unable to get citizenapproval of increases in property taxes.     

Environmental Transformation of the State: the USA, Norway, Germany and the UK

Modern states underwent two major transformations that produced first, the liberal capitalist state and second, the welfare state. Each was accompanied by the migration of a previously confrontational movement into the core of the state. In the creation of the liberal capitalist state, the bourgeoisie could harmonize with the state's emerging interest in economic growth. In the creation of the welfare state, the organized working class could harmonize with the state's emerging interest in legitimating the political economy by curbing capitalism's instability and inequality. We show that environmental conservation could now emerge as a core state interest, growing out of these established economic and legitimation imperatives. This examination is grounded in a comparative historical study of four countries: the USA, Norway, Germany, and the UK, each of which exemplifies a particular kind of interest representation. We show why the USA was an environmental pioneer around 1970, why it was then eclipsed by Norway, and why Germany now leads in addressing environmental concerns.     

Alcoholism and Criminal Liability

Having examined the question of whether alcoholism should be regarded as a disease or habitual and learned behaviour, the article assesses from a comparative law perspective the effect of alcoholism as a defence to criminal responsibility. The article proposes a 'disease' model of alcoholism for the purpose of criminal law, and criticises its handling through the law of diminished responsibility.