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81.
82.
John Murphy 《The Modern law review》2014,77(1):33-59
This article examines the gist, vitality and practical utility of the tort of intimidation and identifies what count as unlawful threats and as actionable harm. While two versions of the tort have been identified in the past – one involving two parties, one involving three – only the former has survived the decision of the House of Lords in OBG v Allan. In the context considering the tort's practical usefulness, the article exposes as bogus the suggestion that two‐party intimidation offers nothing that is not already supplied under the law of contract via the doctrines of anticipatory breach, duress and economic duress. The article concludes with two radical suggestions. First, that two‐party intimidation is not a specifically economic tort and secondly, in view of this fact, it was a most inappropriate tool for the House of Lords to have used in their resurrection of the tort of unlawful means conspiracy in Total Network SL v Revenue and Customs Commissioners. 相似文献
83.
Michael Murphy 《Human Rights Review》2011,12(1):47-69
The article examines the role of apology in a process of reconciling with historic injustice. As with so many other facets
of the politics of reconciliation, official apologies are controversial, at times strenuously resisted, and their purpose
and significance not always well understood. The article, therefore, seeks to articulate the key moral and practical resources
that official apologies can bring to bear in a process of national reconciliation and to defend these symbolic acts against
some of the more influential criticisms from the skeptics. The analysis is developed in relation to apologies offered in the
context of state-indigenous reconciliation processes in the Americas, Australasia, and other regions of the globe. 相似文献
84.
In this research note we describe the introduction and evolution of Australia's approach to regulating lobbyists. We examine how the lobbying regulations in place across Australia today compare with each other, as well as with lobbying regulations in some other countries around the world. The regulations in each Australian jurisdiction are classified according to their characteristics, providing insights into their commonalities and differences. 相似文献
85.
Passer-by witnesses reported a human cadaver in woodland associated with an agricultural college to police in Northern Ireland. The cadaver comprised reasonably preserved feet, legs and pelvis, with poorly preserved arms and torso, lying with the torso down-slope abutting a fallen tree. A search of the area around the torso, and for some 20m around, failed to find the cranium and mandible. The mandible was found, embedded inside the chest cavity. The cranium was found some 30m away. The victim was later identified as a 24-year old drug addict who had absconded from a local hospital. Mapping of the area led us to speculate that he had tripped and fallen down-slope: other reasons for the body location were also considered. After death, the cadaver had further slipped down-slope forcing the mandible into the chest cavity: slippage of human remains is well-known in forensic and archaeological literature but not well documented. Knowledge of this process of cadaver 'slip' may save wasted police resources in future similar environments where the mandible, and possible other nearby bones appear missing yet are inside the body. 相似文献
86.
There is consensus in the partner abuse prevention education literature that a skills-focus is needed. However, appropriate
instruments for evaluating the effectiveness of skills-focused programs do not exist. Against this background, and based on
the dyadic slippery slope model of partner abuse, the Tendency to Resist or End Abusive Dynamics (TREAD) scale was developed.
TREAD is defined as one’s tendency to respond assertively or protectively in situations involving warning-sign (potentially
hurtful or controlling) behaviors by a partner. The scale’s development drew on the input of three Australian samples: mixed-gender
adolescent focus groups, 426 young female respondents to an online survey, and 152 adolescent girls participating in a school-based
program trial. When tested with the 152 adolescent girls, the TREAD scale had acceptable internal consistency and high inter-rater
reliability. Principal components analysis identified three interrelated TREAD subscales (i.e., Conflict-Retaliation TREAD,
Denigration TREAD, and Dominance-Possessiveness TREAD) all of which were negatively associated with frequency of exposure
to warning-sign behaviors. This paper charts the preliminary development of the TREAD scale, presenting evidence supporting
its validity as a change-target for partner abuse prevention education with adolescent girls and, potentially, boys. 相似文献
87.
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89.
Jeffrie G. Murphy 《Criminal Law and Philosophy》2013,7(3):419-434
H. L. A. Hart, in his classic book Law, Liberty, and Morality, is unsuccessful in arguing that James Fitzjames Stephen’s observations about the role of vice in criminal sentencing have no relevance to a more general defense of legal moralism. He does, however, have a very important insight about the special significance of sexual liberty. 相似文献
90.
This paper examines and compares, according to the New Public Management approach, the U.S. watchdog, the Government Accountability Office, in its ability to oversee and call to account the executive branch of government, and its U.K. counterpart, the National Audit Office. Results of this examination indicate that the Government Accountability Office is more effective than its U.K. counterpart. Its greater effectiveness is attributable to the fact that it derives its powers and legitimacy from a written constitution; in contrast, in the United Kingdom there is no equivalent document defining the relationship between the state and the citizenry. As a consequence, the powers, duties, and self-perception of the National Audit Office are significantly weaker and more mutable than those of the Government Accountability Office. 相似文献