Research note: Rand's research on terrorism

Repeatedly, during the last few years, small groups of extremists have demonstrated that by using terrorist tactics they can achieve disproportionate effects. They attract worldwide attention to themselves and their causes; they arouse worldwide alarm, and can create international incidents that national governments are compelled to deal with, often before a worldwide audience. To protect against their attacks or to respond to crisis situations they create, they force governments to expend resources—manpower, money, the attention of senior officials—vastly out of scale with the magnitude of the actual threat they pose.¹     

AN EVALUATION OF SUPERVISED ACCESS III

Although supervised access has become a more frequently used option within the custody and access domain over the last 10 years, no empirical literature has examined supervised access from the standpoint of its effect on the legal system. As part of a large-scale evaluation of Ontorio's Supervised Access Pilot Project, the present study sought the perceptions of the legal community and the courts regarding supervised access centers. A total of 14 lawyers and 13 judges participated in semistructured telephone interviews concerning supervised access cases in general, the function and impact of the supervised access program in their community, and their satisfaction with and recommendations regarding the center. Both lawyers and judges expressed high levels of satisfaction with the centers and believed that their availability resulted in savings to the legal system and reductions in hostility and conflict between parents. Implications and limitations of the study are discussed.     

Women in the driving seat: Eastern European immigrant women's citizenship,participation and educational inclusion in Portugal

This paper is a case study of Eastern European immigrant women's social inclusion in Portugal through civic participation. An analysis of interviews conducted with women leaders and members of two ethnic associations provides a unique insight into their migrant pathways as highly educated women and the ways in which these women are constructing their citizenship in new contexts in Northern Portugal. These women's accounts of their immigrant experience embrace both the public realm, in using their own education and their children's as a means of integration but also spill over into ‘non-public’ familial relationships at home in contradictory ways. These include the sometimes traditional, gender-defined division of labour within the associations and at home and the new ways that they negotiate their relative autonomies to escape forms of violence and subordination that they face as women and immigrants.     

Database rights' subsistence: under starter's orders

Legal context. The criteria for database rights' subsistenceset out in the Directive on the Legal Protection of Databasesare largely undefined. Guidance on their interpretation hasbeen provided by the ECJ and its guidance on qualifying investmentactivities was applied by the Court of Appeal in the BHB case. Key points. The article comments upon the guidance on the subsistencecriteria for database rights provided by the Advocate Generaland the ECJ in the BHB and Fixtures Marketing cases and analysesthe Court of Appeal's application of the production-processingdichotomy in the BHB case. It offers thoughts on thorny issuessuch as the avoidance of a double benefit for database developersin copyright and database right, the role of investments intechnology, and the effect of the production-processing dichotomyon the risk of monopolies over facts. Practical significance. Database developers seeking databaserights' protection should keep the subsistence criteria in mindwhen devising their processing arrangements, designing theirdatabases, and recording their investment activities associatedwith database development.     

Erewhon: A manifesto of the rehabilitative ideal

Samuel Butler's novel, Erewhon (1872) is well known as a minor literary classic. This article proposes that it is also important in criminological history, in epitomizing a generation of debate about the nature of criminal responsibility. Butler wished to illustrate a paradox: contemporary social and medical sciences showed the role of determinism in causing crime, yet the courts still acted on the myth of free will, individual choice, and responsibility. Butler satirized this by depicting an imaginary world where sick people were stigmatized and punished for a condition they could not help—just as real criminals were blamed for factors beyond their control. The novel is a call for the replacement of deterrent or retributive punishment by rehabilitation and a medical model. It was especially important in the early twentieth century in helping to popularize the attack on free will and deterrence, and in propagandizing for the new discretionary penology.