Which is it you want – equality or maternity leave?

In Alabaster v. Barclays Bank plc and Secretary of State for Social Security (No. 2: [2005] E.W.C.A Civ. 508, [2005] I.R.L.R. 576.) Michelle Alabaster won a grand total of ￡204.53 (plus ￡65.86 interest) after eight years of litigation, which included two visits to the Court of Appeal and one to the European Court of Justice. This marathon resulted from the sex discrimination which Alabaster had alleged in relation to the calculation of her Statutory Maternity Pay (S.M.P.) whilst she was pregnant 10 years earlier. The technicalities of the statutory schemes involved should not be allowed to disguise the important principle which finally emerges in the Court of Appeal and which underlines one of the longstanding criticisms of the equality legislation, namely the requirement that a woman must compare herself with a man in order to establish unlawful sex discrimination.     

Is tax competition harmful and is the EU an optimal tax area?

This paper examines the issue of harmfulness of tax competition commenting on issues like welfare, growth, redistribution, harmonization and individual freedom. A simple game theoretical ap proach is formulated, where for the first time the two players start from unequal initial conditions, thus influencing strategy and outcomes. Next we propose the new criterion of Optimal Tax Area under which the possibility and feasibility of tax harmonization is examined. The policy implication of our paper is that we do not expect harmonization for direct taxes like corporate taxes in the EU in the near future and if so, harmonization of corporate tax rates on low levels. We conclude that both more theoretic research and empirical evidence are needed before we can answer with certainty whether tax competition is harmful or not. classification A1 . D6 . H0     

Long-Term Follow-Up of Young Children Placed in Foster Care: Subsequent Placements and Exposure to Family Violence

This study examined the quality or characteristics of permanent placements at 6 years of age for 254 children who had been removed from their homes prior to attaining 3.5 years of age (mean = 13 months). Although the primary objective when removing children is protection, subsequent permanent placements are prioritized by federal legislation with a stable family environment, especially one with the biological parent(s), being preferred. Three a priori comparisons (i.e., reunified vs. nonreunified, adopted vs. foster care, relative vs. nonrelative foster care) were conducted for caregiver and child reports of exposure to family violence. The results indicate that both reunified children and their parents report more family violence (witnessed and child victimization) than do nonreunified children and their caregivers. Adoptive parents did report that they used more minor violence in disciplining their children than did foster caregivers, but their children reported witnessing significantly less physical violence in the home. Recognizing that the development of children removed from their homes because of maltreatment is likely a function of both the maltreatment as well as the quality of subsequent family experiences (i.e., violence exposure), implications of the findings for determining placements are discussed.     

public Health Ethics From Foundations and Frameworks to Justice and Global public Health

Ethics dilemmas have been present throughout the history of public health, and bioethics has devoted considerable attention to issues relevant to public health. Only recently, however, has public health ethics emerged as a recognized subfield of bioethics. Public health ethics requires that public health improvement come through just and respectful means. Bioethics in the future not only will take on more issues of public ethics, but will apply it extensive scholarship in distributive justice to questions of global public health.     

What Do Juvenile Offenders Know About Being Tried as Adults? Implications for Deterrence

An underlying assumption in the nationwide policy shift toward transferring more juveniles to criminal court has been the belief that stricter, adult sentences will act as either a specific or general deterrent to juvenile crime. With respect to general deterrence—whether transfer laws deter would‐be offenders from committing crimes—it is important to examine whether juveniles know about transfer laws, whether this knowledge deters criminal behavior, and whether juveniles believe the laws will be enforced against them. The current study is one of the first to examine juveniles' knowledge and perceptions of transfer laws and criminal sanctions. We interviewed 37 juveniles who had been transferred to criminal court in Georgia, obtaining quantitative as well as qualitative data based on structured interviewed questions. Four key findings emerged. First, juveniles were unaware of the transfer law. Second, juveniles felt that awareness of the law may have deterred them from committing the crime or may deter other juveniles from committing crimes, and they suggested practical ways to enhance juveniles' awareness of transfer laws. Third, the juveniles generally felt that it was unfair to try and sentence them as adults. Finally, the consequences of committing their crime were worse than most had imagined, and the harsh consequences of their incarceration in adult facilities may have had a brutalizing effect on some juveniles. The implications for general and specific deterrence are discussed.     

Lay-Perspectives on Criminal Deviance,Goals of Punishment,and Punitivity

Empirical studies corroborate a relatively close relation between goals of sentencing and punitiveness. However, it is not clear what aspects of sentencing goals motivate harsh punishment. This study analyzes the structure of sentencing goals and scrutinizes in particular whether the idea of retribution is associated with punitiveness, or whether punishment considerations from a societal perspective (macrolevel) are the source of more punitive responses. A questionnaire was mailed to a random sample drawn in Bern, Switzerland. A total of 357 persons responded to items measuring constructs including goals of sentencing, punitiveness, target of justice considerations, and perceived threat to society, after reading one of three short stories about specific crimes (fraud, physical injury, assault). Results of this study reveal a two-dimensional structure of sentencing goals. One dimension represents readiness to punish and exclude the offender socially. The other dimension refers to concerns of the victim versus the needs of the society as a whole. The analysis provides a new interpretation of sentencing goals.     

Hearing silenced voices: developing community with an advisory committee

This article focuses on the challenges and effects of adhering to community participation as a principle of community development and the related issue of reflecting diverse representation in prevention and health promotion planning. As a requirement of funding agencies, the consequences of upholding these principles in light of the resources made available are explored. Information is drawn from a case study of an advisory committee with diverse membership. A participatory evaluation of this committee illustrates the difficulties encountered when a community agency initiated a health promotion project to address the needs of women who are non‐verbal and at risk of sexual assault. Suggestions are made as to how these difficulties may be overcome. The advisory committee is a common means for community development but also has the potential to be a model for increased communication and understanding.     

Binational Vital Signs: A Quality of Life Indicator Program for the San Diego–Tijuana Metropolitan Region1

This is a study of a binational community indicator program for the San Diego–Tijuana metropolitan area (SDTMA). The key objective of the research was to produce a citizen-generated community indicator program (CIP). The study is closely based on the work of the two focus groups held in the two cities and offers a small program that has immediate practical potential for implementation. The program consists of a suite of thirty-five indicators for which data has been identified and provided. Fifteen of the indicators apply to Tijuana, twenty to San Diego. The program is built around principles of community well-being or quality of life (QOL). It is the first subregional attempt at the scale of the United States-Mexico Bi-National Region (BNR) to integrate existing environmental, social, and economic data into a single coherent program to inform community leaders about the condition of the SDTMA. The region covered by the CIP generally consists of the urbanized core of metropolitan Tijuana, the city of San Diego, and associated cities like Chula Vista and El Cajon within the southern part of San Diego County.