Creating markets in no-trust environments: The law and economics of smart contracts

Smart contracts, self-executing agreements based on blockchain technology, have the capacity to create trust in what we term no-trust contracting environments. We argue that using them in such environments is the path to unleash the full potential of smart contracts. Compared to the contract enforcement mechanisms characterized by traditional contract law or relational contracts, smart contracts can offer a superior solution for facilitating trade.Several lawyers and economists have debated whether smart contracts might offer the prospect of cheaper, faster and better transactions. As we discuss below, contract law scholars caution that they neither replicate the relational context essential for the day-to-day practice of contracting nor offer a superior solution to problems addressed by traditional contract law, such as contract validity and legality. We clarify and systematize the current thinking on the legal nature and reliability of smart contracts, and address the concerns of contract law scholars. While doing that, we suggest a step forward in characterizing contracting environments, contract enforcement mechanisms and the trust relationship underlying contracts.     

A Retrospective Study of Intentional Body Dismemberment in New York City: 1996–2017

A review of New York City dismemberment cases occurring between 1996 and 2017 was conducted, which resulted in a total of 55 dismembered decedents in a 22‐year period. Annual trends indicate an average of 2.5 dismembered decedents. Additional results show that 53% of cases involved transection only, 35% involved disarticulation only, and 13% involved a combination of both. When the entire body could be accounted for, the average number of body portions per case was 5.5. Frequent locations for dismemberment were the neck, shoulders, hips, and knees. Dismemberment locations showed a general trend of anatomical symmetry. Seventy‐eight percent of the dismemberments involve disposal of body parts in an outside location. Eighty‐four percent were concealed from view with some type of covering. The findings from New York City are compared with other studies.     

An Evidence‐Based Forensic Taxonomy of Windows Phone Communication Apps

Communication apps can be an important source of evidence in a forensic investigation (e.g., in the investigation of a drug trafficking or terrorism case where the communications apps were used by the accused persons during the transactions or planning activities). This study presents the first evidence‐based forensic taxonomy of Windows Phone communication apps, using an existing two‐dimensional Android forensic taxonomy as a baseline. Specifically, 30 Windows Phone communication apps, including Instant Messaging (IM) and Voice over IP (VoIP) apps, are examined. Artifacts extracted using physical acquisition are analyzed, and seven digital evidence objects of forensic interest are identified, namely: Call Log, Chats, Contacts, Locations, Installed Applications, SMSs and User Accounts. Findings from this study would help to facilitate timely and effective forensic investigations involving Windows Phone communication apps.     

Protecting Free Speech and Academic Freedom in Universities

Restrictions on speaking events in universities have been created both by recent student‐led efforts at ‘no‐platforming’ and by Part 5 of the Counter‐terrorism and Security Act 2015 which placed aspects of the government's Prevent strategy on a statutory basis. The statutory Prevent duty in universities includes, under the accompanying Guidance, curbing or monitoring events that could have an impact in drawing persons into terrorism. This article places the combined impact of Part 5 and student‐led curbs on campus speech in context by juxtaposing pre‐existing restrictions with the various free speech duties of universities. Focusing on speaking events, it evaluates the resulting state of free speech and academic freedom in universities. It finds potential violations of established free speech norms due to the impact of pre‐emptive strikes against some campus‐linked speech articulating non‐mainstream viewpoints. But it also argues that not all such speech has a strong foundation within such norms.     

Seen but Not Heard? Parallels and Dissonances in the Treatment of Rape Narratives across the Asylum and Criminal Justice Contexts

A significant proportion of women seeking refugee status in the United Kingdom will claim to have been raped in their country of origin. Even where this is not the sole basis of an asylum claim, it may be relevant to its determination. While criminal justice responses to rape have been the subject of extensive academic criticism and legislative reform, the processes of disclosure and credibility assessment in the asylum context have received little attention. This article explores possible parallels and dissonances in the treatment of rape across the asylum and criminal justice contexts, drawing in particular on the findings of a 2007 pilot study. It considers how problems such as the underreporting of rape, the inability of the victim to 'tell the story' in her own words, a hostile adjudicative environment, and the tendency to regard factors such as late disclosure, narrative inconsistency, and calm demeanour with suspicion – may be replicated and compounded in asylum cases. It also acknowledges the complex intersection of race, gender, culture, and nationality in this context.     

Youth participation informing care in hospital settings

Abstract

In this article, we use an ecocultural framework to understand young people’s experiences of the care provided by a specialist children’s hospital. This framework conceptualizes hospital culture as situated and embodied rather than separate from people and practices. Young people’s responses, gathered during a one-day forum at the hospital, suggest ways in which a hospital can respond to them not just as individual bodies but also as members of the families and peer groups who form their broader web of care. Their input highlights the importance of consulting young people about the operations of health services themselves, not just about the patient-medico relationships that they experience whilst using a service.     

'Intemperate and Unchaste': Jean Rhys and Caribbean Creole Identity

In this article, Carr examines Jean Rhys's ambivalent feelings about her West Indian origins. She looks at the problems both she and others have had in deciding whether her work can be truly considered to belong to the category of Caribbean literature. The difficulty lies not just in her expatriate existence or European themes, but goes back to her position as a white Caribbean Creole woman, the descendant of slave-owners. Carr looks at the traditional representations of the Creole woman, and suggest that the characteristics assigned to Bertha Mason in Jane Eyre , 'intemperate and unchaste', persisted to Jean Rhys's day, and that all her fiction, even when not explicitly Caribbean, can be seen to write back to such representations. When Rhys arrived in England, she was immediately identified as Other because of her Caribbean accent, something that marked her out as disturbingly associated with non-white West Indians; in England, she was no longer really white, although back in the Caribbean her whiteness made her unacceptable to so many of her fellow Dominicans. Much of the power of her fiction comes from her knowledge of the violent scars left in the Caribbean by the colonial past, and her own experience of the prejudices and oppressions of a hierarchical metropolitan society. In particular, if it had not been for her stigmatization as the always racially dubious West Indian when she reached England, her insight into the injustices of metropolitan and colonial society might never have been so acute.