Trusts in American law and some of their substitutes in Spanish law: Introduction and Part I

This article describes how trusts are used in American law andhow Spanish law provides similar facilities for investors. Thearticle is in two parts. The first part examines, from a USpoint of view, the principal uses of trusts and the second partwill describe aspects of Spanish law that provide similar facilitiesfor investors before concluding that none of the tools availablein Spanish law fulfil all the functions of trusts and that theintroduction of a trust law into Spanish law would not be simple.     

Disentangling privacy from property: toward a deeper understanding of genetic privacy

With the mapping of the human genome, genetic privacy has become a concern to many. People care about genetic privacy because genes play an important role in shaping us--our genetic information is about us, and it is deeply connected to our sense of ourselves. In addition, unwanted disclosure of our genetic information, like a great deal of other personal information, makes us vulnerable to unwanted exposure, stigmatization, and discrimination. One recent approach to protecting genetic privacy is to create property rights in genetic information. This Article argues against that approach. Privacy and property are fundamentally different concepts. At heart, the term "property" connotes control within the marketplace and over something that is disaggregated or alienable from the self. "Privacy," in contrast, connotes control over access to the self as well as things close to, intimately connected to, and about the self. Given these different meanings, a regime of property rights in genetic information would impoverish our understanding of that information, ourselves, and the relationships we hope will be built around and through its disclosure. This Article explores our interests in genetic information in order to deepen our understanding of the ongoing discourse about the distinction between property and privacy. It develops a conception of genetic privacy with a strong relational component. We ordinarily share genetic information in the context of relationships in which disclosure is important to the relationship--family, intimate, doctor-patient, researcher-participant, employer-employee, and insurer-insured relationships. Such disclosure makes us vulnerable to and dependent on the person to whom we disclose it. As a result, trust is essential to the integrity of these relationships and our sharing of genetic information. Genetic privacy can protect our vulnerability in these relationships and enhance the trust we hope to have in them. Property, in contrast, by connoting commodification, disaggregation, and arms-length dealings, can negatively affect the self and harm these relationships. This Article concludes that a deeper understanding of genetic privacy calls for remedies for privacy violations that address dignitary harm and breach of trust, as opposed to market harms, as the property model suggests.     

Policy framing: Interest groups and the lead up to 1996 inter‐governmental conference

This article (completed before the Amsterdam Summit in June 1997) examines the ongoing attempts by key non‐governmental actors to influence the agenda of the 1996 Inter‐governmental Confederence (IGC). This IGC constitutes a good example of the ‘garbage‐can’ model of organisational choice, characterised by solutions chasing problems and problems chasing solutions. In the absence of a fixed agenda, key groups such as businesses, trades unions and environmentalists compete to ‘frame’ the IGC debates in a manner consistent with their own interests. Building on the policy fashion of the 1980s and 1990s, business has been particularly successful in establishing ‘competititveness’ as a central theme. Other groups, such as environmentalists and trade union may secure ‘side payments’ in return for continued support for European integration. As the IGC progresses, groups are likely to reformulate their preferences and engage in continuous ad hoc coalition‐building in order to achieve their objectives.     

The Spanish Parliament and EU Affairs in the Post Lisbon Treaty Era: All Change?

The new provisions on national parliaments in the Lisbon Treaty were welcomed with scepticism by some scholars and with hope by others. Sometime after the new provisions came into force, their impact on the role of national parliaments in the EU can already be examined. This article looks into the effect of the implementation of the Early Warning Mechanism and the other provisions on the parliamentary scrutiny of EU affairs in Spain. It also reflects on the possible implications for the EU political system. Although the scope and actual effect of the new measures have been quite modest, the new regulations allow for a better scrutiny of EU law, a tighter control of the executive on EU affairs and closer cooperation with EU institutions.     

E‐Participation and Environmental Protection: Are Local Governments Really Committed?

There is widespread acceptance that current institutions are inadequate to address the challenges of sustainable development. At the same time, there is an urgent need to build awareness and increase capacity for promoting action with respect to environmental protection at the local level. This article analyzes the Web sites of the environment departments of European local governments that signed the Aalborg Commitments to determine the extent to which they are using the Internet to promote e‐participation in environmental topics and to identify the drivers of these developments. Potential drivers are public administration style, urban vulnerability, external pressures, and local government environmental culture. Findings confirm that e‐participation is a multifaceted concept. External pressures influence the transparency of environmental Web sites, while public administration style and local government environmental culture influence their interactivity.     

inhabiting or occupying the web?: virtual communities and feminist cyberactivism in online Spanish feminist theory and praxis

This article examines the relationships between gender and technology in Spanish feminist praxis online and argues that different perspectives on online feminist community-building offer distinct responses to cyberactivism, which is considered central to sustaining efforts for social change. To ascertain whether Spanish virtual communities and cyberactivism have the potential to address the challenges posed by the relations between gender and technology, we analyse feminist scholar Remedios Zafra's theoretical proposals, and the different ways in which this theory intersects with the cyberactivism put forth by two feminist web portals, Ciudad de Mujeres and Mujeres en Red. We will discuss to what degree particular Spanish feminist theory and practice online adapts to or challenges utopianism regarding the liberating potential of technology. We will also examine how, in the face of critical arguments about such liberatory possibilities, two options present themselves for women's effective use of technology: inhabiting or occupying the web through the construction of feminist communities online.     

An unusual case of random fire-setting behavior associated with lacunar stroke

A case of a 47-year-old man with a sudden onset of a bizarre and random fire-setting behavior is reported. The man, who had been arrested on felony arson charges, complained of difficulties concentrating and of recent memory impairment. Axial T1-weighted magnetic resonance imaging showed a low intensity lacunar lesion in the genu and anterior limb of the left internal capsule. A neuropsychological test battery revealed lower than normal scores for executive functions, attention and memory, consistent with frontal lobe dysfunction. The recent onset of fire-setting behavior and the chronic nature of the lacunar lesion, together with an unremarkable performance on tests measuring executive functions two years prior, suggested a causal relationship between this organic brain lesion and the fire-setting behavior. The present case describes a rare and as yet unreported association between random impulse-driven fire-setting behavior and damage to the left internal capsule and suggests a disconnection of frontal lobe structures as a possible pathogenic mechanism.