The Enjoyment of Rights and Freedoms: A New Conception of the 'Ambit' under Article 14 ECHR

Article 14 of the European Convention on Human Rights, as applied by the UK judiciary under the Human Rights Act 1998, is in danger of becoming as 'parasitic' as it is often described. Judges have inappropriately narrowed the scope of the 'ambit' of other Convention articles, and thus limited the number of claims to which Article 14 can apply, by defining it according to considerations more properly weighed in a justification analysis incorporating proportionality. The emerging approach departs from Strasbourg jurisprudence, and fails to give full effect to the language and intent of Article 14. This trend need not continue. This article begins the process of fashioning a new conception of the ambit of Convention articles: one that could change the fortunes of Article 14 cases in the UK, but that flows naturally from the precedents of the European Court of Human Rights, and gives effect to the spirit of the HRA.     

What Are the Federal Home Loan Banks Up To? Emerging Views of Purpose among Institutional Leadership

The Federal Home Loan Bank System has come under sharp criticism in recent years, and the question has been raised as to whether it still has a public purpose. In this article, we ask what leaders in the Federal Home Loan Banks view their institutions' purpose to be in light of legislative changes to their mandates in 1989 and 1999. Based on interviews with FHLB executive managers and board members, we identify three clearly distinguishable views of these institutions' mission: housing finance, support for the viability of community financial institutions, and support for and community development. We go on to identify some of the implications of these distinctive views for the behavior of the FHLBs and for their governance structures.