Diversifying British Political History

This article explores what the diversification of British political history might look like. Building on an expanded definition of citizenship and attention to ‘ordinary’ politics, it suggests several questions which might diversify political history's content and approach. Whom do we count as political actors? Who has access to democratic processes and where does politics happen beyond these processes? To what forms of political thought do we attend? Drawing on examples from my own research on refugees and asylum seekers in modern Britain, and on the wider field of modern British history, I demonstrate the possibilities of diversification as a way to enliven political history's future.     

Tabet v Gett: the end of loss of chance actions in Australia?

This article critically analyses the recent High Court decision in Tabet v Gett (2010) 84 ALJR 292; [2010] HCA 12 which considered whether a person should be able to obtain compensation on the basis of a loss of a chance of a better medical outcome. The appellant argued that the High Court should regard a plaintiff as entitled to compensation when a breach by a defendant of their duty of care causes the plaintiff to lose a possibility, but not a probability, of a better medical outcome. The High Court held that it was not possible for a person in the position of the appellant to obtain compensation for the loss of a chance of a better medical outcome.     

Nitrous Oxide Determination in Postmortem Biological Samples: A Case of Serial Fatal Poisoning in a Public Hospital*

Abstract: In a public hospital, eight cases of fatal poisoning by nitrous oxide (N₂O) occurred under oxygen administration, due to an erroneous swapping of the lines in the gas system. The aim of the study was to clarify the factors involved in asphyxia by characterizing gases from different lines and measuring N₂O concentrations in postmortem biological samples from bodies exhumed. Analyses carried out on the gas system confirmed the erroneous substitution of O₂ line with N₂O and air line with O₂. Consequently, high N₂O amounts were revealed in several tissues and gaseous biological samples. All specimens were analyzed by headspace gas chromatography technique. A rigorous quantitative analysis was possible only in blood (11.29–2152.04 mg/L) and urine (95.11 mg/L) and in air samples from stomach and trachea (from 5.28 to 83.63 g/m³). This study demonstrates that N₂O can be detected in biological samples even 1 month after death.     

The effect of choice reversals on blindness for identification decisions

The present study examined blindness for identification decisions from target-present (TP) and target-absent (TA) lineups using a field study methodology. Eighty pedestrians were exposed to a staged theft. Subsequently, they were asked to identify the thief and the victim from separate, simultaneous six-person lineups. Their identification decision concerning the thief lineup was manipulated such that participants’ selections were exchanged with a previously unidentified lineup member (choice exchange) and lineup rejections were turned into identifications (choice reversal). Participants were 7–10 times less likely to detect choice exchanges (66.7%) compared with choice reversals (11.2%). Furthermore, identification accuracy was not a prerequisite for detection. Thus, rejections and particularly selections made from both TP and TA lineups are susceptible to choice blindness. Finally, our study implies that for blindness in eyewitness identification decisions between-category changes (i.e. choice reversals) are easier to detect than within-category changes (i.e. choice exchanges).     

Correlates of hopelessness in the high suicide risk police occupation

Police officers are chronically exposed to work stress. We examined specific stressors that may be associated with hopelessness, a possible risk factor for suicide in this high suicide risk population. The study included 378 officers (276 men and 102 women) with complete data. Analysis of variance was used to estimate mean levels of hopelessness scores as associated with stress, adjusted for age, gender, and race/ethnicity. Posttraumatic symptoms were tested as a modifier of the association between stress and hopelessness. Increasing stress of administrative practices and lack of support were significantly associated with increasing hopelessness among officers (p < .006 – hopelessness range: 1.64–2.65; and p < .001 – hopelessness range 1.60–2.80, respectively). Posttraumatic stress disorder (PTSD) symptoms significantly modified the association between lack of organizational support and hopelessness (p < .010) with significant association only among individuals with higher PTSD symptoms (p < .001). Results suggest that hopelessness is associated with specific stressors in police work, and this is modified by posttraumatic symptomatology.     

Fraud,Free Speech and Fossil Fuel: Lessons from Big Tobacco for Big Oil

Recent journalistic investigations revealed that ExxonMobil carried out research beginning in the 1970s indicating fossil fuel's dangerous role in global warming. Rather than heed the warnings of its research, for the next few decades, ExxonMobil instead chose to become a leader in climate change denial; stressing uncertainty, propagating misinformation, funding denial, and politicizing and undermining the expert scientific consensus. Exxon's behavior invoked the tactics used by the tobacco industry years earlier, tactics which wound up the subject of a successful federal government lawsuit under the Racketeer Influenced and Corrupt Organizations (RICO) Act. The parallels with the tobacco industry prompted legislators and environmentalists to call on the Department of Justice to use RICO again to hold the fossil fuel industry to account. This article will consider the legal issues associated with bringing such an action, and whether useful lessons can be drawn from the tobacco litigation.     

EU General Data Protection Regulation: Changes and implications for personal data collecting companies

The General Data Protection Regulation (GDPR) will come into force in the European Union (EU) in May 2018 to meet current challenges related to personal data protection and to harmonise data protection across the EU. Although the GDPR is anticipated to benefit companies by offering consistency in data protection activities and liabilities across the EU countries and by enabling more integrated EU-wide data protection policies, it poses new challenges to companies. They are not necessarily prepared for the changes and may lack awareness of the upcoming requirements and the GDPR's coercive measures. The implementation of the GDPR requirements demands substantial financial and human resources, as well as training of employees; hence, companies need guidance to support them in this transition. The purposes of this study were to compare the current Data Protection Directive 95/46/EC with the GDPR by systematically analysing their differences and to identify the GDPR's practical implications, specifically for companies that provide services based on personal data. This study aimed to identify and discuss the changes introduced by the GDPR that would have the most practical relevance to these companies and possibly affect their data management and usage practices. Therefore, a review and a thematic analysis and synthesis of the article-level changes were carried out. Through the analysis, the key practical implications of the changes were identified and classified. As a synthesis of the results, a framework was developed, presenting 12 aspects of these implications and the corresponding guidance on how to prepare for the new requirements. These aspects cover business strategies and practices, as well as organisational and technical measures.     

The Politicization of Marriage in Contemporary American Public Policy: The Defense of Marriage Act and the Personal Responsibility Act

The sexuality politics terrain in the United States is currently marked by a complex and contradictory set of developments‐non-traditional family structures are becoming more common, popular opinion is moving in a more tolerant direction, and the lesbian and gay rights movement has enjoyed some victories, but conservative family values and patriarchal heterosexual marriage have been vigorously promoted by influential right-wing social movements and more deeply institutionalized through important public policy initiatives and court decisions. This article considers the theoretical implications of these developments with respect to the conceptual approaches to citizenship and sexuality. It then analyses two major pieces of federal legislation in depth: the Defense of Marriage Act (DOMA) and the Personal Responsibility Act (PRA). DOMA effectively encourages the states to ban same-sex marriages. The PRA is generally considered as a welfare 'reform' law that imposes compulsory 'workfare' schemes and time limits for benefit recipients. It nevertheless has a significant sexual regulation dimension. Both the religious right's campaign against same-sex marriage and the welfare reformers' attack on the rights of single mothers contribute to a reactionary politicization of marriage. In conclusion, the article contends that it is only insofar as lesbian and gay rights issues are understood more broadly as but one aspect of sexual regulation and citizenship rights struggles that we can develop more effective ways of advancing the sexual liberation movement as a whole.     

Innovation after the revolution: foreign sovereign bond contracts since 2003

The first 150 words of the full text of this article appear below. Key points

• In 2003, under official pressure, amendment provisionsin standard form New York law sovereign bond contracts shiftedto resemble English law boilerplate.
• Market participants andofficials expected contracts in New York and London to convergearound a common formulation.
• Contrary to expectations, theshift away from old boilerplate did not lead to convergencearound new boilerplate.
• Issuers in London, and to a lesserdegree in New York, are experimenting with diverse terms andinstitutional arrangements.
• Amendment provisions in recentissues have used hybrid formulations, permitting holders tovote in person or by written consent, with different approvalthresholds.
• More issuers are using trust structures.
• Creditorcommittees are making a qualified comeback, though the adoptionand formulation of committee provisons does not appear to trackissuers' credit quality.
• Not all issuers agree to pay committeeexpenses.
• Some issuers have agreed to require unanimous creditorconsent to amend litigation-related terms, . . . [Full Text of this Article]