United Kingdom: Sisters and inheritance tax

Joyce and Sybil Burden are two sisters who have lived togethersince birth and currently occupy a UK farmhouse. When one ofthem dies the other will face a large inheritance tax bill andwill have to sell the     

Microcrystalline identification of drugs of abuse: stimulant street drugs

The microcrystallographic properties of the diliturate (5-nitrobarbituric acid) derivatives of certain stimulant drugs found in illicit street preparations have been determined. These microcrystallographic data can be used as a means of drug identification.     

Deciding about life-support: a perspective on the ethical and legal framework in the United Kingdom and Australia

This article is concerned with the legal right of health service providers to decide whether to provide life-prolonging treatment to patients. In particular, an examination of recent decisions by the English Court of Appeal in R (Burke) v General Medical Council (Official Solicitor and Others Intervening) [2005] EWCA Civ 1003 and the European Court of Human Rights in Burke v United Kingdom (unreported, ECHR, No 19807/06, 11 July 2006) is provided. An analysis of Australian case law is undertaken together with a consideration of the limits of a patient's legal right of autonomy in relation to choosing life-prolonging medical treatment; the basis upon which such treatment can be legally withdrawn or withheld from an incompetent patient against the patient's earlier expressed wishes that it should be continued or initiated; the concept in ethics and law of a patient's best interests; and the role of courts in adjudicating disputes about the continuation of treatment in light of the recent decisions.     

Voting for Pareto optimality: a multidimensional analysis

We compare unanimity rule and majority rule in their abilities to produce Pareto superior and Pareto optimal alternatives in fixed number of rounds of voting using a two-dimensional spatial voting model with random proposals, sincere proposals, and strategic proposals. Our findings show that for random or sincere proposals, majority rule is at least as likely to select a Pareto optimal outcome as unanimity rule. For strategic proposals, the subgame perfect equilibrium under unanimity rule is Pareto optimal. For other k-majority rules, the outcome is Pareto optimal or very close to it. For outcomes that are both Pareto optimal and Pareto superior, unanimity rule outperforms majority rule.     

Imitating the West? Evidence on Administrative Reform from the Upper Echelons of Chinese Provincial Government

This article explores the attitudes of officials in the upper echelons in Chinese provincial and local government toward the origins of administrative reform. The authors examine the somewhat dichotomous argument that reform imitates the West or is indigenous and contend that both influences are present. Data drawn from a survey of party cadres and government officials show that cultural factors (time in government, overall knowledge of administrative reforms, together with familiarity with the move from a planned system of government to a market economy) and structural variables (upper echelon and familiarity with business management techniques) are correlated with learning from the West. Cadres and officials who spend more time managing outward and those who are familiar with performance assessment do not learn from the West. The theoretical and research implications of these findings—that learning from the West is an important influence on the adoption of administrative reforms in China—are discussed.     

Extreme poverty alleviation through community-based entrepreneurship: PRODECO in Paraguay

Community-based entrepreneurship projects have been advocated as a potential approach to alleviate extreme poverty as they provide opportunities for income generation and capacity enhancement. This practical note provides an overview of the PRODECO project undertaken jointly by the Paraguayan government and the World Bank (1999–2008) in three southern departments of Paraguay (Itapúa, Misiones, and Ñeembucú). It describes and analyses the context, scope, operations, and results of this project, and identifies five main lessons related to frequent challenges faced by this approach; on size, access to skills, distance from government agencies, pace, and technology.     

The Presumption of Proportionality

This article challenges the assumption that the burden of demonstrating that a limitation of a fundamental right is proportionate rests on the public authority seeking to justify the limitation. After considering the operation of burdens and presumptions in European human rights case‐law it notes the difficulties British domestic courts have had in rigorously applying proportionality tests. It suggests that the concerns which lead judges to weaken the requirement of proportionality would be better met by recognising that certain circumstances give rise to a presumption of proportionality, where the burden of demonstrating disproportionality rests on the right‐holder. Five categories of case in which this applies are proposed, and one which has recently been judicially accepted is rejected. Clarifying the types of case in which a presumption of proportionality applies is a preferable strategy to blurring the standards of justification to be met by those seeking to limit the enjoyment of rights.¹