Incorporation of the European Convention on Human Rights into UK Law: Implications for education

This article focuses on the UK government's proposal to incorporate the European Convention on Human Rights into UK law, and the consequences of incorporation for the individual in the context of education. The first part of the article explores the mechanisms proposed for bringing about incorporation, and stresses in particular the importance attached by the government to upholding the fundamental principle of the sovereignty of the UK Parliament. In this context it emphasises the government's decision to deny to the British courts the capacity to strike down legislative provisions as being incompatible with Convention rights. The second part of the article goes on to explore (highly selectively) a number of key areas in which incorporation of the ECHR has the potential to enhance individual rights in the field of education, including parental choice of school, collective worship and religious education, and aspects of the secular curriculum. The discussion emphasises strongly the likely significance of the UK government's reservation to the second sentence of Article 2 of the First Protocol to the ECHR. Broadly, the conclusion drawn is that the incorporation of the Convention will have only a very marginal impact on the reality of individual rights to education.     

Distribution of Venlafaxine,O‐desmethylvenlafaxine,and O‐desmethylvenlafaxine to Venlafaxine Ratio in Postmortem Human Brain Tissue

Venlafaxine (VEN) and its metabolite O‐desmethylvenlafaxine (ODV) inhibit reuptake of serotonin and norepinephrine. This study examines whether VEN is differentially distributed in postmortem brain and examines relationships between brain and femoral blood concentrations from donors prescribed VEN for treatment of depression. Using high‐pressure liquid chromatography‐ultraviolet detection, VEN and ODV concentrations were measured in temporal, occipital, and cerebellar cortex of six postmortem brains. The ODV/VEN ratio was calculated as a relative measure of drug metabolism within each region where higher ratios indicated a greater conversion of VEN to ODV. Compared to the other regions examined, the cerebellum showed decreased VEN (p = 0.056), ODV (p = 0.006), and ODV/VEN (p = 0.027) ratios. In parts per million, VEN was higher in temporal and occipital cortex, but not cerebellum, as compared to femoral blood concentration. These observations suggest that VEN and ODV are differentially distributed in the brain, and metabolism of VEN to ODV may vary across brain regions.     

What a Little Democracy Can Do: Comparing Trajectories of Reform in Malaysia and Indonesia

Economic crisis sparked political mobilization in both Malaysia and Indonesia in the late 1990s, but with very different results. Reformism in competitive electoral authoritarian Malaysia took a largely electoral route, yielding marginal, top-down institutional change and the enhancement of democratic norms. The hegemonic electoral authoritarian regime in neighbouring Indonesia, on the other hand, was toppled by a sudden upsurge of grass-roots protest, encouraged by elite factionalism. Changes to Indonesian political institutions and personnel since then have disappointed many reformers, and mounting cynicism endangers the entrenchment of democratic political culture. The article argues that a relatively more democratic system grants more space for autonomous challengers to organize and mobilize over the long term than a less open system does. Specifically, civil society agents in the former may accumulate both social capital and its organizational-level counterpart, coalitional capital, facilitating mobilization. Such a regime, though, is better able to contain or otherwise defuse protest than is a more autocratic variant. The latter is thus more vulnerable to dramatic collapse, despite its fragmented political opposition, and faces serious hurdles in subsequent democratic consolidation.     

Stolen Art Restitution Claims and the Exhaustion of Local Remedies: How Foreign-Based Plaintiffs are Able to Succeed Under the Foreign Sovereign Immunity Act

Stolen art restitution claims under the Foreign Sovereign Immunity Act (“FSIA”) present unique procedural issues that implicate the history, purpose, and objectives of the FSIA. At the forefront of these issues are how foreign-based plaintiffs are able to bring suits against foreign governments or foreign citizens in US Federal Courts. Whether these foreign-based plaintiffs must exhaust local remedies in their country of origin is another issue that these kinds of suits typically have courts resolve. This article provides answers to these issues through a historical discussion of the implementation of the FSIA and an analysis of recent case law.