Calling on Jefferson: the ‘custodiary’ as the fourth estate in the Democratic Project

Aimed at reinforcing the democratic values of freedom of speech and increased diversity in civic access to the means of communication, this paper examines the concept of democracy within an information and communication technology-mediated context. Discussion proceeds with an analysis of orthodox views adopted by Jefferson and the architects of the American Constitution. Building on the Jeffersonian tradition, a critique is presented of present-day, non-transparent constraints on the democratic values of freedom of speech, information access and the structural constrains mitigating unfettered public access to critical information and debate on fundamental social and political issues of the day. The proposed ‘custodiary’ model for the new Democratic Project is premised on the development of a constitutional framework which encourages information diversity and freedom of access and expression as a way of bringing back ‘discourse’ into democratic praxis.     

Analyzing and Interpreting Lime Burials from the Spanish Civil War (1936–1939): A Case Study from La Carcavilla Cemetery

Over 500 victims of the Spanish Civil War (1936–1939) were buried in the cemetery of La Carcavilla (Palencia, Spain). White material, observed in several burials, was analyzed with Raman spectroscopy and powder XRD, and confirmed to be lime. Archaeological findings at La Carcavilla's cemetery show that the application of lime was used in an organized way, mostly associated with coffinless interments of victims of Francoist repression. In burials with a lime cast, observations made it possible to draw conclusions regarding the presence of soft tissue at the moment of deposition, the sequence of events, and the presence of clothing and other evidence. This study illustrates the importance of analyzing a burial within the depositional environment and taphonomic context.     

Fingerprint Change: Not Visible,But Tangible

Hand–foot syndrome, a chemotherapy‐induced cutaneous toxicity, can cause an alteration in fingerprints causing a setback for cancer patients due to the occurrence of false rejections. A colon cancer patient was fingerprinted after not having been able to use fingerprint recognition devices after 6 months of adjuvant chemotherapy. The fingerprint images were digitally processed to improve fingerprint definition without altering the papillary design. No evidence of skin toxicity was present. Two months later, the situation returned to normal. The fingerprint evaluation conducted on 15 identification points highlighted the quantitative and qualitative fingerprint alteration details detected after the end of chemotherapy and 2 months later. Fingerprint alteration during chemotherapy has been reported, but to our knowledge, this particular case is the first ever reported without evident clinical signs. Alternative fingerprint identification methods as well as improved biometric identification systems are needed in case of unexpected situations.     

The ‘illegal sentences which magistrates were daily passing’: The Backstory to Governor Richard Bourke's 1832 Punishment and Summary Jurisdiction Act in Convict New South Wales

Recent literature has recast the history of the British empire as a vast project of intervention in and reordering of colonial legal administrations. Closer inspection of local moments of legal reform, however, reveals substantial complications and contradictions in that project. This article re-considers Governor Richard Bourke's Punishment and Summary Jurisdiction Act 1832, the most celebrated legal intervention in the history of the ‘convict colony’ of New South Wales by a governor whose liberalism and humanitarianism epitomized the spirit of imperial reform agendas. The nature and objectives of Bourke's so-called Fifty Lashes Act are widely misunderstood. This article shows that while Bourke positioned his Act as a matter of legal urgency, its core aim was to render convict punishment more useful and economical. Moreover, Bourke's reforms were less innovative than is commonly assumed, being mostly required to re-assert and refine existing law that was being disregarded. Nevertheless, Bourke's reforms did address long-contested legal issues surrounding the summary jurisdiction of colonial magistrates and the local application of English transportation law. The backstory to the Act reveals the remarkably complicated and truly disordered state of the law in New South Wales, but this article also shows how the implementation of legal reform was seasoned with confusion and caution.     

Unjust Enrichment in the ‘Fairchild Enclave’ International Energy Group Ltd v Zurich Insurance plc

In International Energy Group v Zurich Insurance, the Supreme Court considered the implications of the special rule in Fairchild v Glenhaven Funeral Services Ltd for insurers’ for employers’ liability. The question for the Court was whether, in the light of its earlier decision in Durham v BAI (Run off) Ltd, insurers could be held liable for employees’ mesothelioma claims, even if the employer was not insured throughout the period of employment. The seven Justices unanimously held that insurers’ liability was proportionate to the period of insurance. In reaching that result, the majority recognised that the insurers were entitled to ‘equitable recoupment’ from insured‐employers in respect of periods during which they were uninsured. This note critiques the recoupment right with an unjust enrichment lens.     

Enhancing Information Sharing in Family Drug Courts: A Lean Six Sigma Case Study

Given the variety of stakeholders involved in cases within family drug courts, efficient communication and information sharing, which are needed to support decision‐making, can be quite challenging. Through a case study in one family drug court system, this research employed an action research approach to improve the information sharing process following the Lean Six Sigma methodology. The solutions implemented through this study contributed to improving the quality of the services provided by this court system and its overall productivity. In addition, this research extends our knowledge about methods for improving court systems from which others can learn to guide future improvement efforts.