Section 994 of the Companies Act 2006 and the Primacy of Contract

The Court of Appeal's decision in Fulham Football Club (1987) Ltd v Richards & Anor is both of interest and significance. By embracing the idea of the parties’ ability to ‘contract out’ of their statutory right to petition the court for relief under section 994 of the Companies Act 2006 (the so‐called ‘unfair prejudice’ remedy), their Lordships have not only contrived to stunt the future development of unfair prejudice as a minority shareholder remedy but, and more importantly for the purposes of this case note, their decision has reasserted and extended the contractual analogy in modern UK company law.     

The development and initial validation of the dating attitudes inventory: a measure of the gender context of dating violence in men

The development and initial psychometric investigation of the Dating Attitudes Inventory (DAI) is reported. The DAI was created, to fill a gap in the literature and to measure specific masculine ideology and traditional gender attitudes that rationalize the abuse of women. Using a sample (n = 164) of male college students, a 20-item measure was developed consisting of two subscales (Rationalization of Abuse and Dominance and Control) and a total score. The 20-item DAI and other measures used for validation were completed by 216 male college students. The DAI correlated in theoretically expected ways with measures of propensity for abusiveness, relational dominance, and masculine gender role stress. A confirmatory factor analysis supported the two theorized factors of the DAI. Results of the present study offer initial support for the validity and reliability of the DAI. The authors discuss the importance of measuring masculine gender role attitudes and beliefs that support and rationalize dating violence.     

Biometric Security and Privacy Using Smart Identity Management and Interoperability: Validation and Vulnerabilities of Various Techniques

The central position of this article is that validation and interoperability are paramount for the effective and ethical use of biometrics. Illuminating the relevance for policymakers of the science underlying the security and privacy aspects of biometrics, this article calls for adequate and enforceable performance metrics that can be independently corroborated. Accordingly, the article considers biometrics and forensics for the dual challenges of addressing security and privacy using smart identity management. The discussion revolves around the concepts of “personally identifiable information” (PII) and interoperability with emphasis on quantitative performance analysis and validation for uncontrolled operational settings, variable demographics, and distributed and federated operations. Validation metrics includes expected rates of identification/misidentification, precision, and recall. The complementary concepts of identity and anonymity are addressed in terms of expected performance, functionality, law and ethics, forensics, and statistical learning. Biometrics encompasses appearance, behavior, and cognitive state or intent. Modes of deployment and performance evaluation for biometrics are detailed, with operational and adversarial challenges for both security and privacy described in terms of trustworthiness, vulnerabilities, functional creep, and feasibility of safeguards. The article underscores how lack of interoperability is mostly due to overfitting and tuning to well‐controlled settings, so that validation merely confirms “teaching to the test” rather than preparation for real‐world deployment. Most important for validation is reproducibility of results including full information on the experimental design used, that forensic exclusion is allowed, and that scientific methods for performance evaluation are followed. The article concludes with expected developments regarding technology use and advancements that bear on security and privacy, including data streams and video, de‐anonymization and reidentification, social media analytics and cyber security, and smart camera networks and surveillance.     

Coerced and Unfree in the Private Sector

We style ourselves as liberal polities and law purports to sustain liberal values. It does not claim to maintain and perpetuate capitalist goals as such. Yet, its adherence to the sacrosanct nature of private property, individualism and freedom to contract allow it do just that. To further this unmentioned objective, law is twisted and bent to ignore the supposed right of workers as individuals to be autonomous decision-makers. The indefensible assumptions made give capitalists coercive powers that inhibit the working class from achieving economic and political autonomy. The owners of the means of production are given political and economic privileges by a legal system that pretends to serve the liberal project. The contradiction between liberal law and its capitalist orientation is plain, leading to occasional and always transitory reforms. This is illustrated by this overview of the legal mechanism of adjustment devised by supposedly liberal law to regulate capital/labour conflicts.     

Love at First Sight

正If you rent an apartment in Beijing,you also rent the landlord or landlady for at least a year.It is somewhat like getting hitched,so it’s important you fi nd a good match because you have to deal with them in the long term.For me,it was love at first—or at least second—sight with the elderly couple who owns my apartment.It was quite an odyssey trying to fi nd the right apartment when I fi rst arrived in Beijing     

Authority,Nationality, and Minorities

Prominent normative theories for accommodating minority national groups appeal to the value of national cultures and/or the psychology of group recognition. This article aims to show that an argument from political authority provides a better justification. Building on Joseph Raz's theory of authority, the article argues that members of minority national groups are disadvantaged in relation to their majority counterparts under standard democratic institutions; such institutions do not provide minority national groups with comparable access to the conditions for legitimate political authority. Constitutional arrangements for accommodating minority national groups—such as territorial self‐government or power‐sharing—are justified insofar as they might offset this disadvantage.     

Judges,Conflict, and the Past

Drawing upon interviews with senior judicial figures in Northern Ireland, South Africa and elsewhere, this article considers the role of the judiciary in a political conflict. Using the socio‐legal literature on judicial performance and audience as well as transitional justice scholarship, the article argues that judges in Northern Ireland ‘performed’ to a number of ‘imagined’ audiences including Parliament, ‘the public', and their judicial peers – all of which shaped their view of the judicial role. In light of ongoing efforts to deal with the past in the jurisdiction, and the experiences of other transitional societies, the article argues that the judiciary can and should engage in a mature, reflexive and, where appropriate, self‐critical examination of the good and bad of their own institutional history during the conflict. It also argues that such a review of judicial performance requires an external audience in order to encourage the judiciary to see truth beyond the limits of legalism.