Complicating Complicity: Aiding and Abetting Causing Death by Dangerous Driving in R v Martin

The law of complicity, particularly relating to joint enterprise liability, appears to becoming more and more complicated. Cases on secondary liability for murder in the Court of Appeal demonstrate that this area of law is difficult to interpret and to apply. Even more complex is the question of how to apply these cases to offences other than murder. This case note attempts to address the Court of Appeal's questions in the case of R v Martin as to how the jury ought to be directed in a case of aiding and abetting causing death by dangerous driving.     

Law From Below: Women's Human Rights and Social Movements in New York City

Despite the ambivalent history of the domestic application of human rights in the United States, human rights increasingly offer important resources for American grassroots activists. Within the constraints of U.S. policy toward human rights, they provide social movements a kind of global law "from below": a form of cosmopolitan law that subalterns can use to challenge their subordinate position. Using a case study from New York City, we argue that in certain contexts, human rights can provide important political resources to U.S. social movements. However, they do so in a diffuse way far from the formal system of human rights law. Instead, activists adopt some of the broader social justice ideas and strategies embedded within human rights practice.     

Unmarried Fathers and Parental Responsibility: A Case for Reform?

Following a Consultation exercise conducted by the Lord Chancellor's Department, the U.K. Government has announced its intention to amend the Children Act 1989 so that the unmarried father who jointly registers the birth with the mother will acquire parental responsibility automatically. In this paper, I draw on the responses made to the L.C.D. Consultation, in order critically to evaluate the arguments for and against reform. A poverty of relevant empirical research makes it impossible to reach a properly informed view on the positive or negative impacts of implementing the proposal. However, the principled arguments: that unmarried fathers and their children are subject to discrimination, or that it is unfair for men to pay child support, yet have no automatic rights with regard to their children, are ultimately unconvincing. I also attempt a more explicitly sociological exploration of the Consultation and reform process, focusing on what it can tell us about evolving social attitudes towards the statuses of `father' and `family' and how they should be valued and protected.     

‘Couldn't You Have Got a Computer Program to Do That for You?’ Reflections on the Impact that Machines Have on the Ways We Think About and Undertake Qualitative Research in the Socio-Legal Community

This article addresses the role that computer software programs play in the sort of textual analysis that has typically been the preserve of the qualitative researcher. Drawing on two distinct research projects conducted separately by the authors, it considers the transformation of social science software from a competent assistant that can help to sort and retrieve data, to an intelligent assistant capable of independently finding trends and counter-arguments, to a co-investigator capable of doing things that human researchers cannot. In addition to challenging some of the claims of ‘siliconistas’, this article considers the impact of new technology on the aesthetics of research and the professional identity of qualitative researchers. In doing so, it raises some important questions about how well we are training early-career academics for the challenges that they are likely to face in the future world of socio-legal empirical research.     

Annual Index 2002

China's rural land rights regime is being reformed. Most explanations for the reforms focus on the efficiency effects anticipated from the strengthening of villagers' land rights. In contrast, this article argues that rural land rights reforms are intended to resolve the intra-state and state-society contention generated by China's market transition and globalization, and to mediate villagers' dispossession of their land and their transformation into a proletariat.     

THE AICPA IN CRISIS AND HOW IT IMPACTS THE BUSINESS LAW DISPUTE

The American Institute of Certified Public Accountants (AICPA) continues to strengthen the profession's reputation for integrity, objectivity and independence; reinforce core services such as tax, accounting, audit and attestation; and carve out new market space for virtually unlimited business opportunities for CPAs.