Bermuda Triangle: the supply of services (implied terms) act 2003 and the competing theories of exemption clauses

Patton and Cook v Bank of Bermuda is a judgment that undermines the legal certainty which should have been brought about by the implementation of the Supply of Services (Implied Terms) Act 2003, and raises questions of broad importance for all contracts governed by Bermuda law – particularly as the decision has not been overturned in the years since, and remains the only authority to engage directly with the effect of section 6 of the 2003 Act; arguably its most important provision. The key issue that will be explored in this paper is whether the distinction drawn in Patton between contracting out of a duty of reasonable skill and care, and contracting out of liability for breach of that duty is, as a matter of contract law theory and jurisprudence, valid and meaningful, or whether it is a distinction without a difference.     

Influence of expert testimony regarding eyewitness accuracy on jury decisions

To determine the influence of expert testimony regarding the general unreliability of eyewitnesses, a two-phase study was conducted. In the first phase, 24 community residents served as jurors on four six-person juries. A burglary case was tried in 120 District Court. El Paso, Texas. Two juries heard all the evidence including the expert testimony of a psychologist and the other two heard all of the testimony except that of the psychologist. During the second phase, 24 student jurors constituting four six-person juries viewed a videotape of the trial. Two of these juries saw the entire proceeding from the first phase including the expert testimony and the remaining two saw all but the expert testimony. All juries acquitted the defendant; however, those who heard the expert testimony significantly lowered their judgments of the accuracy and reliability of eyewitness identification as well as its overall importance to the trial. Further, those juries that heard the expert testimony spent a significantly longer time discussing eyewitness identification as well as other relevant evidence. No differences between community residents and college student juries were obtained.The authors wish to thank Judge Brunson Moore, Mr. David Jeans, Mr. Ricky Glenn Smith, Detective James Christianson, D. Steven Cooper, Rachel Hanna, Daniel Torres, and Patricia Tetreault. All of these people participated in the trial and without them this research could not have been conducted. This research was supported by Gift Funds of the Department of Psychology, University of Texas at El Paso.     

Representation and resistance in Restoration Scotland: the political thought of James Stewart of Goodtrees (1635–1713)

This article presents a Scottish case study of early modern ideas on parliamentary representation and popular political participation. By scrutinizing the context and content of a treatise published in 1669 by the lawyer James Stewart of Goodtrees, the article seeks to demonstrate that views had shifted on the nature of the Scottish Parliament. In addition, it is argued that the promulgation of Scotland's covenants – that is, the National Covenant (1638) and the Solemn League and Covenant (1643) – unwittingly created space for the development of popular political engagement. However, the implications of this were not fully realized until a group of middling and lower class men rose in arms to uphold the Covenants after their rescission in law by parliamentary statute in 1661.     

Bowl Away From Home

<正>Darkness still covered Beijing as I woke up at 6 a.m.on a Monday and walked half an hour through minus 10-degree weather and moderately polluted air.My journey may have been perilous,but I was determined because across the Pacific Ocean,kickoff for     

Fresh on the Screen

<正>American comedy Fresh Off the Boat tells a relatable Asianimmigrant story that rings trueFor the first time since 1994’s Al-American Girl,American television has a primetime show starring an Asian American family.Fresh Off the Boat,based on Chef Eddie Huang’s real-life memoirs about growing up     

Can a witness report hearsay evidence unintentionally? The effects of discussion on eyewitness memory

Abstract

When eyewitnesses are exposed to misinformation about an event from a co-witness, they often incorporate this misinformation in their recall of the event. The current research aimed to investigate whether this memory conformity phenomenon is due to change in the witness's memory for the event, or to social pressures to conform to the co-witness's account. Participants were shown a crime video and then asked to discuss the video in groups, with some receiving misinformation about the event from their discussion partners. After a one-week delay some participants were warned about possible misinformation before all participants provided their own account of the event. In Study 1, participants made remember/know judgments about the items recalled, and in Study 2 they indicated the source of their memories. Co-witness information was incorporated into participants’ testimonies, and this effect was not reduced by warnings or source monitoring instructions, suggesting memory change may have occurred. However, there was some indication that remember/know judgments may help distinguish between ‘real’ memories and co-witness information.     

URLTA in Operation: An Introduction

The following articles examine the impact of legislation modeled after the Uniform Residential Landlord and Tenant Act (URLTA) in Portland, Oregon, and Cleveland, Ohio. Their conclusion is that the legislation has been only marginally effective, benefiting primarily middle-income tenants in the suburbs or in the cities' better neighborhoods, while largely failing in the aim of helping the inner-city poor and upgrading the quality of slum housing. The general lesson is an old one: law reform attempts at rearranging basic social-legal relationships often fail to achieve their intended effects, particularly when their effectuation is left to the initiative or ingenuity of those individual private parties who are least likely to possess or display these traits.