The Human Rights Act: A View from Below

The paper is based on survey work undertaken in the Cynon valley, south Wales, an area of high social deprivation. We interviewed local solicitors to establish their understanding and usage of the Human Rights Act (HRA). Outside of south Wales there is evidence of growing awareness and involvement of specialist practitioners in human rights actions. This we call a top-down process. Our work starts at the other end: a bottom-up account of high-street, small-practice solicitors.     

Tax and Spending Effects of Municipal Enterprises: The Case of Florida Electric Utilities

This study tests the appropriateness of two competing hypotheses drawn from the public finance literature about the impact of municipal utility profits on local tax and spending patterns. By comparing data from cities that own their electric utilities to nonelectric cities, this research finds that neither city expenditures nor property tax rates are significantly affected by the transfer of profits. The evidence suggests that the profits are used by cities with relatively weak tax bases to obtain revenues from tax-exempt institutions, homeowners, and nonresidents.     

"Business Unionism" versus "Responsible Unionism": Common Law Confusion, the American State, and the Formation of Pre-New Deal Labor Policy

The emergence of the American Federation of Labor in the 1880s and its ideology of voluntarism or "business unionism" transformed the mainstream American labor movement. Voluntarism, however, had little impact on the formation of the pre-New Deal labor policy. I suggest that members of the progressive movement developed "responsible unionism" as an alternative to "business unionism" and that it was the progressives' alternative that shaped later developments in labor policy. (1) Progressive state and federal court judges relied on the principles of agency, a fiduciary term, to make unions competent contracting parties and enforce collective trade agreements. (2) Although the AFL had long lobbied for anti-injunction legislation sup ported by an underlying ideology of voluntarism, the progressive Republican-Democratic coalition that engineered passage of the Norris-LaGuardia Anti-Injunction Act of 1932 based the legislation on their notion of "responsible unionism." These progressives interwove the principles of agency into the act. As a result, rather than withdrawing the American state from labor-management relations, the act caused unions to begin to lose their status as private, voluntary associations, thus creating the foundation for the construction of the statist regulatory apparatus, the National Labor Relations Board, during the New Deal.     

Justins v The Queen: assisted suicide, juries and the discretion to prosecute

Juries are often a crucial protection for citizens against unjust or highly controversial laws. The decision whether to proceed with a prosecution rests on the discretionary powers of prosecutors. In cases where the community is deeply divided over right and wrong, it appears that there is, at times, a transference from the public of thwarted law reform aspirations which can create difficult tensions and expectations. This case commentary considers an appeal by Shirley Justins following her conviction for manslaughter by gross criminal negligence as a result of her involvement in the mercy killing of her partner, Mr Graeme Wylie. The morally unsettled nature of the charges brought against her, her own initial plea, the directions given to the jury by the trial judge and even the basis of her appeal resulted in a convoluted and complicated legal case. Spigelman CJ and Johnson J ordered a new trial, Spigelman CJ stating that it was open for a new jury to consider (a) if Mr Wylie lacked capacity; and (b) whether there was criminal involvement by one person in another's death. Simpson J found that further prosecution on the count of manslaughter would amount to an abuse of process and that an acquittal should be entered. This case highlights how fundamentally unsettled are the publicly much debated and persistently contentious issues of euthanasia, assisted suicide, the right of a person to die a dignified death and the way their capacity in that respect should be assessed. It perhaps asks us to reconsider the role of juries and the exercise of discretion by Directors of Public Prosecutions in areas of law where the community and law-makers are deeply and intractably divided.     

Differentiation of bullet type based on the analysis of gunshot residue using inductively coupled plasma mass spectrometry

Porcine tissue samples shot with two different types of bullets, jacketed and nonjacketed, were collected in the fresh state and throughout moderate decomposition. Wound samples were microwave-digested and analyzed using inductively coupled plasma mass spectrometry (ICP-MS) to detect all elements present at measurable levels in gunshot residue (GSR). Elements detected included antimony (Sb), barium (Ba), and lead (Pb), which are considered characteristic of GSR, as well as iron (Fe) and copper (Cu). These five elements were used to differentiate shot tissue and unshot tissue, as well as tissue shot by the two different bullet types, both in the fresh state and throughout moderate decomposition. The concentrations of Cu, Sb, and Pb were able to distinguish the two bullet types in fresh tissue samples at the 95% confidence level. Cu and Pb were able to differentiate the bullet types throughout moderate decomposition at the 99% confidence level.