Are we collectively guilty of complacency? An update on the continued confusion over what is academic freedom and what may become a battle for academic freedom

Academic freedom has, since 2004, increasingly made the headlines of the higher education papers and journals in the United Kingdom. New legislation has added to the confusion in terms of what law applies and what might apply. This article provides an updated analysis of this confused area.     

Symposium zum 75. Geburtstag von Rechtsanwalt Prof. Dr. Werner Hoppe

Ohne Zusammenfassung     

Pretend It Doesn'T Work: The ‘Anti-Social’ Bias In The Maryland Scientific Methods Scale

The social constructs and methodological principles embodied in the Maryland Scientific Methods Scale (SMS), comprising part of the Campbell Collaboration in Crime and Justice assessment protocol, induce a series of biases in the evaluation of evidence of crime prevention policy interventions that focus on collective social phenomena, such as communities. Applying these principles leads to negative conclusions about effectiveness; yet their inherent ‘anti-social’ bias may induce Type II error with regard to the desirability of ‘social’ interventions to reduce crime. Policy-making is poorly served as a result. This point is illustrated, first, through a scrutiny of the social constructs used, including those that typify treatments, institutional settings and units of analysis. These are seen as being constructed in a way that is congenial to the underlying methodological issue of ‘control’ but that constitute nevertheless a distorted definition of the governance issues involved in crime reduction in community settings. A model more appropriate for evaluating voluntaristic action in civil society is needed. Second, it is suggested that this methodological bias arises particularly in policy interventions and change programmes that address issues concerning the ‘collective efficacy’ of local communities in reducing crime. An empirical exemplification of these arguments is presented with reference to a completed evaluation research study (Foster and Hope, 1993).     

CHILD RELOCATION: AN INTRACTABLE INTERNATIONAL FAMILY LAW PROBLEM

This article examines the current state of the law on child relocation across the major common law‐based jurisdictions, with particular emphasis on the contrasting approaches to the problem in Australia and the United Kingdom. It then goes on to suggest changes aimed at achieving more principled and predictable outcomes.     

A critique of design methodologies appropriate to private-sector activity in development

In the corporate world, design has received increasing attention over the last 50 years and is now firmly embedded within almost all aspects of corporate activity. This article explores the role of design in development. Design is widely used and understood within capitalist economies to denote a diverse set of tools, used to maximise market share, sales, and profits, and support market differentiation and brand identity of products. The progress of two convergent design-related threads is charted briefly: the growth, since 1950, of a view that design has a real contribution to make to social responsibility and sustainability; and the increasing evidence of design-like skills being used in development contexts. The article reviews several alternative models that are being developed and concludes with a number of short case studies, which illustrate these models and highlight the potential of their largely process-based methodologies for private-sector activity in a development context.     

A Practical Guide for the Formulation of Propositions in the Bayesian Approach to DNA Evidence Interpretation in an Adversarial Environment

The interpretation of complex DNA profiles is facilitated by a Bayesian approach. This approach requires the development of a pair of propositions: one aligned to the prosecution case and one to the defense case. This note explores the issue of proposition setting in an adversarial environment by a series of examples. A set of guidelines generalize how to formulate propositions when there is a single person of interest and when there are multiple individuals of interest. Additional explanations cover how to handle multiple defense propositions, relatives, and the transition from subsource level to activity level propositions. The propositions depend on case information and the allegations of each of the parties. The prosecution proposition is usually known. The authors suggest that a sensible proposition is selected for the defense that is consistent with their stance, if available, and consistent with a realistic defense if their position is not known.     

The Effect of Soft Tissue on Temperature Estimation from Burnt Bone Using Fourier Transform Infrared Spectroscopy

This study investigated the effect of soft tissue and different exposure times on the prediction of burning temperatures of bone when using Fourier transform infrared spectroscopy (FTIR). Ovis aries rib bones were burnt at different temperatures and for varying time intervals. Results of a linear regression analysis indicated that burn temperatures can be predicted with a standard error of ±70°C from defleshed bone spectra. Exposure time does not have a significant impact on prediction accuracy. The presence of soft tissue has a significant impact on heat‐induced changes of the bone matrix in low (<300°C) as well as high temperatures (>800°C), slowing down combustion in the former and accelerating it in the latter (p < 0.05). At medium temperatures, no significant difference was noted. These results provide forensic investigators a new perspective with which to interpret the results of crystallinity measures derived from burnt bone.     

From porn to cybersecurity passing by copyright: How mass surveillance technologies are gaining legitimacy … The case of deep packet inspection technologies

Recent coverage in the press regarding large-scale passive pervasive network monitoring by various state and government agencies has increased interest in both the legal and technical issues surrounding such operations. The monitoring may take the form of which systems (and thus potentially which people) are communicating with which other systems, commonly referred to as the metadata for a communication, or it may go further and look into the content of the traffic being exchanged over the network. In particular the monitoring may rely upon the implementation of Deep Packet Inspection (DPI) technologies. These technologies are able to make anything that happens on a network visible and recordable. While in practice the sheer volume of traffic passing through a DPI system may make it impractical to record all network data, if the system systematically records certain types of traffic, or looks for specific patterns in all traffic, the privacy concerns are highly significant. The aim of this paper is twofold: first, to show that despite the increasing public awareness in relation to the capabilities of Internet service providers (ISPs), a cross-field and comparative examination shows that DPI technologies are in fact progressively gaining legal legitimacy; second to stress the need to rethink the relationship between data protection law and the right to private life, as enshrined in Article 8 of the European Convention on human rights and Article 7 of the European Charter of fundamental rights, in order to adequately confine DPI practices. As a result, it will also appear that the principle of technical neutrality underlying ISP's liability exemptions is misleading.     

Can young pups teach an old Dog new tricks? Lessons for British reformers from eastern Europe's new constitutional democracies

This article analyses the process of constitutional reforms in eastern Europe and draws lessons for similar reforms in British politics. It looks, first, at electoral engineering and shows how political actors, pursuing their particular interests, try to turn proportionality back into majoritarianism, and how and why such moves do not necessarily result in their projected outcomes. In a similar vein, it then goes on to analyse parliamentary formal rules, such as standing orders, and demonstrates how attempts to manipulate them can be offset, not just by counter‐manipulation, but by underlying informal rules and cultural norms. Overall, we argue that, because constitutional change is an ongoing and crucially political process, its results are neither wholly predictable nor always welcomed. On the basis of the eastern European experience, we also suggest that constitutional change does not necessarily lead to increased legitimacy of the system, thus undermining one of the major hopes of reformers in Britain.