The European Year of Equal Opportunities for All—2007: Is the EU Moving Away From a Formal Idea of Equality?

Abstract: This article will argue that a shift appears to be taking place in the language used within the EU when discussing measures to combat discrimination and to promote equality and equal treatment. The EU appears to be moving from a more formal to a more substantial notion of equality and the need to tackle deep‐rooted patterns of inequality experienced by some groups is recognised. But is this move in the language reflected in the measures taken against discrimination or is it just a change in rhetoric?     

News and notes

Igor Primoratz, Justifying Legal Punishment Atlantic Highlands, New Jersey, and London: Humanities Press, 1989, x + 196 pp.; bibliography.     

Occidentalism,Human Rights,and the Obligations of Western Scholars

Based on qualitative research methodologies, this article will focus on exploring and analyzing notions of witchcraft and evil amongst African migrant labourers in the midst of deportation and harsh economics, beginning in the 2000s. The analysis will suggest that juxtaposing family, social tension, stress, and witchcraft is significant in understanding the role of witchcraft, evil forces, and malicious spirits in the way African migrants experience the modern world. Finally, the article will explore how African migrants incorporated local Jewish religious powers into their understanding of evil and witchcraft, thus expanding the discourse on belief systems in the context of transnational migration globalization and modernity.     

What's Law Got to Do with It? Judicial Behavioralists Test the “Legal Model” of Judicial Decision Making

[Behavioral research has] the potential to engender serious confusion over judicial decision making. Even worse, [it] may mislead the unsuspecting … into thinking that judges are lawless in their decision making, influenced more by personal ideology than legal principles…. I have no doubt that careful statistical analysis, cautiously interpreted, may conceivably shed some light on judicial decision making. But serious scholars seeking to analyze the work of the courts cannot simply ignore the internal experiences of judges as irrelevant or disingenuously expressed. (Edwards 1998, 1337-38)
[E]ven if Chief Judge Edwards is accurately reporting his perceptions, one must worry about whether those perceptions are in fact an accurate portrayal of the work of his court…. [W]hen leaders tell the public that their institutions function well and that the views of potential critics should be disregarded, skepticism and empirical testing are appropriate. (Revesz 1999, 845)     

Defining “Pollutant”: What You Don't Know Can Hurt You

A fundamental question reported in hundreds of court decisions and evaluated every day by claims adjusters is whether a constituent that caused injury and damage is a “pollutant.” If yes, the claim will most often not be covered under general liability, professional, property, umbrella, or other policies because of the applicability of a pollution exclusion. Based upon our review of 200 cases, we determined that in 140, or 70 percent of the time, the constituent was considered a “pollutant” and the insurance claim was denied. In order to have insurance for “irritants” or “pollutants,” an insured must obtain specific pollution coverage.