Prudential Assurance Co. Ltd. v. London Residuary Body — The end of pragmatism or the beginning of reason?

Conclusion Whilst Lord Templeman seemed satisfied with the result of the decision in thePrudential case, Lord Browne-Wilkinson did not share his view. He said that the outcome of the case was unsatisfactory and did not accord with the agreement of the parties. He said No one has produced any satisfactory rationale for the genesis of this rule. No one has been able to point to any useful purpose that it serves at the present day and he urged the Law Commission to examine whether the rule should continue to operate in English law.The genesis of the rule was, it seems, satisfactorily described by Lord Templeman and its usefulness lies in the fact that it imposes a degree of certainty and reliability on the parties. Each knows from the outset what they have contracted for. Its failing lies in the fact that its operation, as Russell L.J. rightly pointed out, leads to a freely negotiated bargain being defeated. If the Law Commission does examine the rule then clearly the central issue will be the balancing of these two principles and which is to be given effect to. If the law wishes to see certainty and reliability in this area, then Lord Templeman's decision is undoubtedly welcome since the law was clearly in a state of flux and confusion before the case.     

The MacArthur Treatment Competence Study. II

This article reports the development and psychometric properties of three standardized and objectively scored measures, the MacArthur Treatment Competence Research Instruments. They were designed to assess abilities related conceptually to four legal standards for competence to consent to treatment: understanding, appreciation, rational manipulation (reasoning), and expressing a choice. Scoring reliability, internal consistency, intertest correlations, and test-retest correlations were examined with data from samples of hospitalized patients with schizophrenia, major depression, and ischemic heart disease, as well as matched non-ill community samples. The results indicate very good interscorer reliability and provide guidance for the use of the instruments and interpretation of their results in future research on patients' decisional abilities in treatment contexts.     

Second Thoughts on Europe's "Third Level": The European Union's Committee of the Regions

The Maastricht Treaty provided for a consultative Committeeof the Regions to bring the European Union's "third level" intothe deliberation of legislation. It began to operate in early1994. This article assesses its creation and recent activityagainst the expectations and demands that were expressed atthe outset, looking in turn at the representative, advisory,and symbolic functions the new body can perform. What emergesis a largely symbolic body that suffers from entrenched internaldivisions and functional overreach in the absence of any realinfluence on the Union's policymaking process. The danger isa downward spiral of progressive obscurity and the frustrationof its members' aspirations.     

Analyzing linked systems of negotiations

This article presents a conceptual framework for analyzing the structure and dynamics of what the authors call linked systems of negotiations. Even such seemingly straightforward transactions as the purchase of a family car tend to involve linked negotiations. The framework highlights the importance of internegotiation processes in shaping Zones of Possible Agreement, and proposes a typology of linkage. By mapping out and reengineering linked systems, negotiators can enhance their ability to shape the structure within which their negotiations take place.