Unfair Contract Terms,Unfair Prices and Bank Charges

This note considers how the Unfair Terms in Consumer Contracts Directive 1993 draws the line between the review of unfair contract terms and the review of unfair contracts (and, in particular, unfair prices) in the context of two cases concerning bank charges: Abbey Life plc v The Office of Fair Trading (2009) (the Bank Charges case) in the UK Supreme Court and Case 484/08 Caja de Madrid (2010) in the European Court of Justice. The note explains the proper question to be addressed by a court for this purpose under article 4(2) of the Directive and criticises the Supreme Court's approach to the interpretation of article 4(2) and its application of the UK regulation implementing this article to the circumstances in the Bank Charges case.     

Words that hurt: a qualitative study of s parental verbal abuse in the Philippines

This article investigated opinions on what constitute parental abuse with interviews of 30 high school students, 30 parents, and 28 counselors. Despite increased reported cases of emotional abuses and child maltreatments in the Philippines, few empirical studies have explored the exact nature of parental verbal abuses in this country. This study is designed to address this gap in the literature. The results revealed nine categories of parental verbal abuses namely: (a) Put downs and shaming, (b) Rejection, (c) Blaming, (d) Fault Exaggerating, (e) Threat, (f) Invoking harm, (g) Regrets, (h) Unfair comparison, and (i) Negative prediction. Implications for research and practice were discussed.     

Single cells for forensic DNA analysis--from evidence material to test tube

Abstract: The purpose of this project was to develop a method that, while providing morphological quality control, allows single cells to be obtained from the surfaces of various evidence materials and be made available for DNA analysis in cases where only small amounts of cell material are present or where only mixed traces are found. With the SteREO Lumar.V12 stereomicroscope and UV unit from Zeiss, it was possible to detect and assess single epithelial cells on the surfaces of various objects (e.g., glass, plastic, metal). A digitally operated micromanipulator developed by aura optik was used to lift a single cell from the surface of evidence material and to transfer it to a conventional PCR tube or to an AmpliGrid^® from Advalytix. The actual lifting of the cells was performed with microglobes that acted as carriers. The microglobes were held with microtweezers and were transferred to the DNA analysis receptacles along with the adhering cells. In a next step, the PCR can be carried out in this receptacle without removing the microglobe. Our method allows a single cell to be isolated directly from evidence material and be made available for forensic DNA analysis.     

Accidents,Agency and Asylum: Constructing the Refugee Subject

Refugee law demands that the asylum seeker demonstrate an extremely limited and distorted form of agency that is encapsulated within the legal definition of the refugee. Such a framework also denies the role of the accidental in the refugee experience. I argue that the problem lies at the heart of the legal form, as constructed under capitalism. The sans-papiers show us the potential for refugees themselves to reconstruct a subjectivity that transcends the distorted form of agency and the false dichotomy between the accidental and agency found in law, through their rejection of legal definitions and the re-emergence of themselves as political subjects.     

Lessons from empirical research on policing in Israel: policing terrorism and police–community relationships

This article reviews recent empirical research on policing terrorism and police–community relationships in Israel, for the purpose of drawing lessons for policing in Israel and other democratic societies. The studies in the first section reveal the implications of policing terrorism for crime control and police–community relationships. In the second section, studies show a long-term drop in public support for the police. They also address the implementation of community policing, the relationship between the Israel National Police and the Arab sector, and the importance of procedural justice to Israeli citizens. In our discussion, we take a broad perspective and suggest overall conclusions and implications.     

Measuring sex differences in violence victimization and perpetration within date and same-sex peer relationships

This study examines sex differences in the patterns of repeated perpetration and victimization of physical violence and psychological aggression within dating relationships and same-sex peer relationships. Data were obtained from the Youth Violence Survey: Linkages among Different Forms of Violence, conducted in 2004, and administered to all public school students enrolled in grades 7, 9, 11 and 12 (N = 4,131) in a high-risk school district. Analyses of adolescents who dated in the past year (n = 2,888) show that girls are significantly more likely than boys to report physical violence and psychological aggression perpetration within dating relationships. However, boys are significantly more likely than girls to report physically injuring a date. Boys are also significantly more likely than girls to report physical violence victimization and perpetration within same-sex peer relationships. Implications and directions for future research are discussed.     

Mass incarceration: ‘a sin against the future’?

Conclusion The move towards incarceration as the response to all social problems is serious for all the reasons given above. It constitutes negative investment in the future and gives a frightening legitimacy to that vision of the society of the future that sees the population divided into three, one third living a comfortable life but behind fortifications, one third incarcerated in some form of camp or ghetto and the other third guarding the homes of the comfortable or working as prison personnel. The 20th century has not had a very good record on incarceration. It has seen Hitler’s concentration camps and Stalin’s Gulag. Nils Christie and other commentators talk already of the US gulag. In Western Europe, still, these are but trends. Imprisonment rates are still generally, except for those of the UK, lower than 100 per 100,000. The punitive and exclusionary attitudes prevalent in the US are not so deeply embedded in European traditions. A philosophy of re-integration into society for offenders still underpins legislation and practice. A philosophy of social cohesion governs institutions. The assumption is that offenders, although they must undergo criminal sanctions and pay back in some way for what they have done, keep their citizenship and must be welcomed back into society. These beliefs are part of European democratic ideals. Much energy will need to be put into supporting and maintaining them in penal policy in the years ahead.     

The European Council and The Council of the European Union: Shapers of a European Confederation

The European Council and the Council of the European Union playkey roles in the European Union. The European Council is largelyconcerned with system-steering, while the Council of the EUundertakes sectoral policymaking. What is common to these rolesis the balancing act carried out by both institutions. Bothhave to mediate the centripetal dynamics of integration, termedcooperative confederalism here, and the centrifugal dynamicswhich are found in the strongly entrenched territorial natureof power, centered on the member states. Using new institutionalistanalysis, the article illuminates different facets of the twoinstitutions1 functioning in mediating the two dynamics.