Public Access to the English Coastline: An Analysis of Part 9 of the Marine and Coastal Access Bill

The Marine and Coastal Access Bill includes legislative provisions for improving public rights of access to the English coast. This paper examines the background to the coastal access proposals and analyses the draft legislative framework in the context of ongoing controversies over the creation of public rights of access to private land. It also considers the issue of compensation payments to the owners and occupiers of land affected by the coastal access proposals.     

Educational malpractice and setting damages for ineffective teaching: a comparison of legal principles in the USA,England and Australia

The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have resisted awarding damages where such an award would appear to sound in educational malpractice. However, although courts in Australia have yet to declare with any degree of certainty, they appear positioned to follow the English approach that ostensibly acknowledges a school's duty of care to provide effective education for all children.     

Implementation of a semi-automated processing system for DNA profiling of forensic casework samples

The concept for a semi-automated processing system for DNA analysis of crime scene samples was developed at the Landeskriminalamt Baden-Württemberg (LKA BW) and comprises the extraction of genomic DNA from human cells by ChargeSwitch^® magnetic bead technology (CST), quantification of purified DNA by real-time PCR, amplification of short tandem repeats (STRs) by PCR and DNA fragment length analysis of STRs by capillary electrophoresis. Three liquid handling workstations from Tecan, a real-time PCR device and a 16-channel capillary electrophoresis (CE) system, both from Applied Biosystems (AB), are linked via laboratory data network. Transmission and management of sample and analysis data is enabled by a Laboratory Information and Management System (LIMS). Suitability for a wide range of stain types, early exclusion of DNA-free samples, barcode sample identification and prevention of cross-contaminations guarantee efficiency and high quality standards.     

Normative Power and the Liberal Peace: A Rejoinder to John O'Brennan

This rejoinder to John O'Brennan reasserts the case that the EU enlargement process has a depoliticising effect, which weakens the connections between Western Balkan states and their societies. It suggests that O'Brennan's response is more apologia than analysis; evading issues raised by asymmetrical relations of power between the EU and Western Balkans states. Here the EU is idealised, with the ascribed status of a “normative actor” projecting power merely through “soft power” mechanisms. The points raised in rejoinder seek to clarify that the more “muscular” use of conditionality and direct management of policy reforms inevitably limit the possibilities for public and political debate and consensus-making. Moreover, they distance political elites from their societies. In particular, the use of political conditionality is highlighted, to demonstrate that whether “hard” powers of imposition or “soft” powers of conditionality are used matters less to those on the receiving end of external imposition than to the EU itself, which has attempted to distance itself from its use of executive powers in the region.