'Condemn a Little More, Understand a Little Less': The Political Context and Rights' Implications of the Domestic and European Rulings in the Venables-Thompson Case

In 1993 Jon Venables and Robert Thompson were found guilty of the abduction and murder of two-year-old James Bulger. Aged ten at the time of the offence, the children were tried in an adult court before a judge and jury amidst a blaze of publicity. They were named by the trial judge and sentenced to detention at Her Majesty's Pleasure [HMp]. The Home Secretary set a minimum tariff of fifteen years imprisonment. In December 1999 the European Court of Human Rights held that, in the conduct of the trial and the fixing of the tariff, the United Kingdom government was responsible for violating the European Convention on Human Rights. This article maps how the case became a watershed in youth justice procedure and practice influencing Labour's proposals for reform and the 1998 Crime and Disorder Act. Examining the progression of appeals through the domestic and European courts, it explores the dichotomous philosophies separating the United Kingdom and European approaches to the age of criminal responsibility, the prosecution and punishment of children, and the influence of political policy on judicial decisions. Finally, the 'backlash' against 'threatening children', the affirmation of adult power and knowledge, and the implications of the European judgments in the context of a rights-based agenda are analysed.     

Firestorm Response: Managing Brand Reputation during an nWOM Firestorm by Responding to Online Complaints Individually or as a Cluster

ABSTRACT

This study provides evidence of how marketers should respond to a sudden discharge of negative word-of-mouth (nWOM) communication that spreads rapidly across social media platforms, known as an online “firestorm.” The study aimed to determine whether a company’s response policy during an online firestorm influenced their brand reputation among observers of the firestorm. An experiment offered three different company approaches to the firestorm. The study used a conclusive quantitative design by manipulating independent variables in a controlled environment in order to infer causality through an online survey to 300 participants. The study shows that when faced with the option of replying to a cluster of complaints or each individual complaint, a more positive brand reputation is engendered through individual replies. While research in digital marketing has progressed to provide companies with strategies to use digital platforms as a marketing tool, the negative side of social media—in this case online firestorms—is still largely left unattended. Addressing the direct issue of how to respond to online firestorms is therefore of significant relevance to marketing practitioners and academics.     

Lord Cooke of Thorndon (1926–2006): 51 Years in the Law

This article provides an in‐depth analysis of the landmark ‘cash for query’ judgment of the Constitutional Bench of the Supreme Court of India. The scope of parliamentary privileges in India, as well as in England and America, is examined, particularly with respect to the jurisdiction of the courts. The present position in the law of parliamentary privileges in India was laid down in the case of Raja Ram Pal v The Hon’ble Speaker, Lok Sabha, &; Ors. The Supreme Court of India has extensively dwelled on the matter and has delivered a judgment, which is by far the most comprehensive decision in this field of law. The author notes in the analysis that the difference between the English and Indian constitutional systems is of crucial significance. The conflicts between the judiciary and parliament in England arose because of the sovereignty of parliament, and the judiciary had to fight for every inch of its jurisdiction in England. The judiciary had to contend with Parliament not only as a legislative body, but also by virtue of being the ‘High Court of Parliament’, as a superior court. Because of these reasons, the case law from British constitutional history does not have strict applicability in India. The decision of the Supreme Court of India in Raja Ram Pal v The Hon’ble Speaker, Lok Sabha, &; Ors, is a clear expression of a very basic feature of the Indian constitutional mechanism: where the Constitution is the supreme law of the land, and all governmental organs, which owe their origin to the Constitution and derive their powers from its provisions, must function within its framework.     

Sexual violence against men in countries affected by armed conflict

Sexual violence against men in armed conflict has been documented for thousands of years under the various guises of war, torture and mutilation yet it is often neglected mainly because of overwhelming stigma and shame surrounding it. Based on academic and grey literature on sexual violence against men in conflict, this article discusses the complex reasons for lack of quality data on this important topic. The motivations of sexual violence against men are also explored through applying causal theories that are largely based on female victims of sexual violence. Finally, interventions for the management of sexual violence against men in conflict are discussed. This study concludes that gendered binaries and strict gender roles are primarily responsible in accentuating sexual violence against men in terrorising and humiliating victims, and must be addressed. It also calls for more research and advocacy of male victims of sexual violence in order to fully understand the dynamics of this challenge as well as to offer effective care for male survivors of such violence.     

Cook,eat, man,woman: understanding the New Alliance for Food Security and Nutrition,nutritionism and its alternatives from Malawi

The Group of Eight Countries (G8) launched the New Alliance for Food Security and Nutrition to improve nutritional outcomes through private sector involvement in agricultural development. The accession of Malawi to the Alliance reveals the assumptions behind the intervention. We show that while the New Alliance may seem to have little to do with nutrition, its emergence as a frame for the privatization of food and agriculture has been decades in the making, and is best understood as an outcome of a project of nutritionism. To highlight the failings of the approach, we present findings from the Soils, Food and Healthy Communities Initiative in northern Malawi, which has demonstrated success in combatting malnutrition through a combination of agroecological farming practices, community mobilization, women's empowerment and changes in intrahousehold gender dynamics. Contrasting a political economic analysis of the New Alliance alongside that of the Soils, Food and Healthy Communities Initiative shows the difference between a concern with the gendered social context of malnutrition, and nutritionism. We conclude with an analysis of the ways that nutrition can play a part in interventions that are inimical, or conducive, to freedom.     

Postmortem metabolic indices of antemortem adrenergic stimulation

Tissue lactate concentration has been reported to be a useful postmortem indicator of antemortem awareness of mortal danger. The purpose of this study was to determine further whether selected tissue metabolites could be used as postmortem markers of antemortem adrenergic stress. Sprague-Dawley albino rats were anesthetized with pentobarbital and then injected with 2.0 mg kg-1 i.p. epinephrine hydrochloride to induce experimentally a severe sympathetic response that may be associated with the awareness of mortal danger; 20 min after the injection of epinephrine, when the metabolic response was at its peak, the animals were killed by exsanguination. Samples of the following tissues were removed immediately prior to death (0 h) and 48 h postmortem: soleus, plantaris, kidney medulla, kidney cortex, liver, and heart. These samples were analyzed for glycogen, lactate, ATP, creatine phosphate, pH, and total protein concentration. Significant differences in lactate concentration were observed in all tissues except soleus at 0 h in the epinephrine-injected animals. Specific tissues also had significant reductions in glycogen, ATP, and creatine phosphate concentrations at 0 h. At 48 h postmortem, however, only the liver and soleus lactate concentrations were significantly different from the 48-h control samples. It is unlikely that these small differences found in some tissues at 48 h postmortem would be detected in an uncontrolled accident situation. We concluded from these findings that these selected tissue metabolites are not useful as long-term postmortem indicators of antemortem adrenergically induced hypermetabolism.     

Book Reviews

The past decade has seen many developments in anti‐discrimination law in Great Britain, from the implementation of the Disability Discrimination Act 1995 and the Treaty of Amsterdam 1997, to the EU framework directive for equal treatment in employment introducing three new protected grounds between 2003 and 2006 (and the subsequent extension beyond employment, in national law, of two of those grounds). All of these, and myriad implementing regulations, build on the national foundations set by the Sex Discrimination Act 1975 and the Race Relations Act 1976. With formal equality remaining the dominant model, this article looks at the scope for positive measures within British anti‐discrimination law.