What is ‘fair compensation’ for death or injury?

This note demonstrates that David Friedman's recent assertion that, because full ex post compensation means that the potential injuror is overcompensating, ‘it follows that he will be overdeterred from imposing risk …’ cannot be supported, a priori, except in special cases. It is argued that this finding actually strengthens the case for compensation which is ‘fair’ as defined by Friedman.     

Underpinning success in the real world of corporations law

This paper reports on an action research project which sought to evaluate and guide ongoing teaching and learning development in Principles of Corporations Law, a semester-long unit of study. Typically, enrolments in this subject area include students from a range of cultural contexts for whom the legislative and administrative concepts of the unit are unfamiliar and who also experience significant difficulties with cultural conventions of communication and business practice. At our university, unit enrolments include a high proportion of distance education as well as non-English speaking background (NESB) students, predominantly from China, who have not studied units formerly considered as prerequisite, and many of whom experience difficulties with basic academic skills. As the development team planned and created teaching features to ensure better learning outcomes for these students, it was clear that some truly contextual thinking as well as some practicable solutions would be required. While we had determined in the redesign planning that scenario- or problem-based learning (PBL) with its emphasis on finding, understanding and using information in context, was best suited to help students acquire the skills that underpin success in the unit, our experience in the project indicated students had a broader range of more basic needs. It emerged that students were struggling with fundamental issues that would need to be addressed before real change could occur.     

‘Whatever It Takes'Despite European leaders’ efforts to address fears over the euro, there is no quick solution to the crisis

While most of Europe goes on holiday or sits glued to the London Oympics,the euro sovereign debt crisis continues to preoccupy policymakers.In the last week of July,it appeared as if the crisis had reached Olympian proportions as the Spanish Government looked set to follow its banks and seek a bailout from the EU.Dealing with Greece is one problem.Dealing with Spain,and potentially Italy,are problems of a vastly different dimension.As rumors grew of a Spanish bailout request,markets fell and the euro dipped against the dollar.     

Media coverage and public opinion of the O. J. Simpson trial: Implications for the criminal justice system

This article considers some of the beneficial and detrimental influences of media coverage of celebrity criminal trials based on a survey administered during the criminal trial of O.J. Simpson. Analysis indicates those who exhibited a stronger psychological involvement with Simpson developed through repeated media exposure were more likely to believe his innocence. African American respondents also were more likely to believe in Simpson's innocence than were others. Gender had no effect on beliefs of Simpson's guilt or innocence. Those with a strong belief in the fairness of the United States justice system more strongly supported unrestricted media coverage of the trial. Anglo Americans more than African Americans believed Simpson's lawyers used the media effectively for their advantage. Learning about the justice system by following the case resulted in increased interpersonal discussions about the legal system.     

Pre-capitalist Reproduction on the Nepal Tarai: Semi-feudal Agriculture in an Era of Globalisation

This article highlights the continued significance of pre-capitalist formations in shaping the trajectory of economic transition in peripheral regions, even in an era of neo-liberal globalisation. There is a tendency for Marxist scholars to assume the inevitable “dominance” of capitalism over older modes of production. Using a case study from Nepal's far eastern Tarai, this paper seeks to understand the reproduction of feudal social relations in a region which is both accessible and integrated into regional and global markets. The paper traces the early subordination of indigenous groups to feudalism from the eighteenth century onwards, and the political and ideological processes through which these social relations were reinforced. Through examining the historical role of feudal-colonial alliances, however, the paper notes that pre-capitalist reproduction in Nepal is a dynamic process, actively negotiated and reinforced by the external imperatives of capitalist expansion itself as well as through the entrenched political power of landed classes. Today feudal and capitalist formations co-exist and articulate, with surplus divided between landlords and non-farm employers. Understanding the complex dynamics of feudal or “semi-feudal” reproduction in an era of globalisation is crucial if one is to identify avenues for collective mobilisation against inequitable pre-capitalist and capitalist class relations.