Implementing the artist's resale right directive

Legal context: Directive 2001/84/EC, on the resale right for the benefit ofthe author of an original work of art, introduced the harmonisationof artist's resale right within the EU (and subsequently withinthe EEA). Resale right already existed in many EU States, butthe Directive also required its creation in others (such asthe UK) to which it was previously unknown. The implementationof the Directive in the UK was accordingly a matter of somecontroversy. Key points: This article concentrates on the legal difficulties involvedin that implementation, viewed against the background of theUK Government's stated general policy on the transposition ofEU Directives. From several points of view, the rules laid downin the Directive called for elaboration or clarification, andin a number of cases such an approach was appropriate. In othercases, however, this turned out not to be appropriate. Practical significance: As a result, although in the main it was possible to transposethe Directive into a clear and workable set of domestic rules,a number of issues had to remain unresolved. Among the mostimportant were: whether works of ‘applied art’ shouldattract resale right, and the territorial scope of the transactionscovered by the right.     

The Gambling Act 2005: Regulatory Containment and Market Control

The Act marks a fundamental shift from legislative to market control of gambling. While plans for Las Vegas style casinos and internet gambling sites in Britain have suffered setbacks, restrictions on the availability, advertising and stimulation of demand for gambling, enshrined in the Gaming Act 1968, have been abandoned. In their place, a new regulatory body, the Gambling Commission, has been established to take primary responsibility for ensuring that three licensing objectives are promoted. These objectives are the prevention of crime and disorder, the conduct of gambling in a fair and open way and the protection of children and the vulnerable. The Commission has been given strong and wide ranging powers to regulate gambling, but can the safeguards proposed meet the challenge presented by a gambling industry released from restraints?     

Court Awards of Damages for Loss of Future Earnings: An Empirical Study and an Alternative Method of Calculation

This article examines the effect upon damages for personal injury of methods used in the United States of America to calculate loss of future earnings. The work of lawyers is examined from the perspective of labour economists. The damages calculated by using these alternative methods are compared with those actually awarded in over a hundred cases determined by courts in England and Wales. This interdisciplinary and comparative study reveals that the tort system fails to satisfy one of its main objectives in that it does not provide recipients of damages with 'full' compensation.     

Testing the limits of freedom of contract: the commercialization of reproductive materials and services

This article examines the cases for and against commercializing, or "commodifying," reproductive materials and services. Using a supply/demand third-party framework, three basic scenarios in which commercial-exchange relationships may be possible--exchange of gametes and zygotes, exchange of gestational services, and exchange of fetal material--and the major parties of interest, or stakeholders, are identified. The study sketches the liberal, essentialist, and radical contingency theories that shape the debate over the commercialization of reproductive materials and services. The article then attempts to derive some basic governing principles that reflect as much common ground as possible amongst these various normative perspectives, while recognizing that complete reconciliation is impossible. Taken together, these principles are designed to reflect a strategy of "constrained commodification," where commercialization or commodification, that is, financial remuneration, plays a relatively neutral role in the utilization of reproductive materials and services. In light of these principles, the article concludes by sketching legal and regulatory regimes with respect to the exchange of gametes and zygotes, gestational services, and fetal tissue.     

Sanctioned violence: development and the persecution of women as witches in south Bihar

In South Bihar, India, socially sanctioned witch-hunting and persecution led to the deaths of 15 women in 1994 and 24 women and children in 1994. This article presents case studies to suggest that the underlying causes of this behavior are not superstition and illiteracy but are efforts to maintain women's inferior status by enforcing female economic subjugation, sexual exploitation, and the persecution of widows and independent, vocal women. In these cases, superstitious beliefs were exploited by community members with ulterior motives who compensated village witch doctors for collaborating with any accusation made against a local woman. After an introduction and presentation of the issues, the article describes the social and economic context and presents four case studies of women accused of witchcraft. The women involved were either forced to consume human excreta and then banished; raped and left for dead when five other family members were murdered, including a year-old baby; or protected through the intervention of a nongovernmental organization or a district welfare officer. The article then discusses the implications of this phenomenon for development work through a look at the power of social sanction, the role of witch doctors, the gender dimension, the power of the village headmen and the traditional administration system, and the larger motives behind the behavior. The article ends by suggesting interventions such as focusing on eliminating atrocities towards women, forming support groups, sensitizing officials, incorporating gender sensitivity in development efforts, and increasing access to health and education.     

Coping with Concerns: An Exploratory Comparison of Australian,Colombian, German,and Palestinian Adolescents

Consistent with an emphasis on positive psychology, and on ability rather than deficit, this study of adolescents in 4 communities sought to examine how young people cope with their concerns. Samples of Australian, Colombian, German, and Palestinian students completed the general form of the Adolescent Coping Scale, an 80-item instrument used to measure coping. A comparison of young people's usage of 3 coping styles and 18 coping strategies within these communities indicated that Palestinian youth report greater usage of all but three strategies (namely, physical recreation, relaxation, and tension reduction), and German youth report the least usage of 2/3 of the strategies assessed. Both Palestinian and Colombian youth were noted to utilize more seek to belong, focus on the positive, social action, solving the problem, seeking spiritual support, and worry than were German or Australian adolescents. When the relative usage of coping strategies within national settings was considered, some noticeable differences were apparent. For example it was found that regardless of the national setting young people reported most frequent use of working hard and use of problem solving strategies. When it comes to more culturally determined activities such as physical recreation, the Australian and German students ranked this strategy more highly in their coping repertoires than do the Colombians, and more noticeably, the Palestinian students. For example, although physical recreation is ranked as the second most commonly used strategy for the German sample, it is ranked 16th by the Palestinians. The study demonstrates the importance of identifying coping strategies that are reflective of each community under investigation. Similarity in coping cannot be assumed across different student populations. Consequently caution needs to be exercised when importing coping programs from one community to another.