Implementing the artist's resale right directive

Legal context: Directive 2001/84/EC, on the resale right for the benefit ofthe author of an original work of art, introduced the harmonisationof artist's resale right within the EU (and subsequently withinthe EEA). Resale right already existed in many EU States, butthe Directive also required its creation in others (such asthe UK) to which it was previously unknown. The implementationof the Directive in the UK was accordingly a matter of somecontroversy. Key points: This article concentrates on the legal difficulties involvedin that implementation, viewed against the background of theUK Government's stated general policy on the transposition ofEU Directives. From several points of view, the rules laid downin the Directive called for elaboration or clarification, andin a number of cases such an approach was appropriate. In othercases, however, this turned out not to be appropriate. Practical significance: As a result, although in the main it was possible to transposethe Directive into a clear and workable set of domestic rules,a number of issues had to remain unresolved. Among the mostimportant were: whether works of ‘applied art’ shouldattract resale right, and the territorial scope of the transactionscovered by the right.     

Court Awards of Damages for Loss of Future Earnings: An Empirical Study and an Alternative Method of Calculation

This article examines the effect upon damages for personal injury of methods used in the United States of America to calculate loss of future earnings. The work of lawyers is examined from the perspective of labour economists. The damages calculated by using these alternative methods are compared with those actually awarded in over a hundred cases determined by courts in England and Wales. This interdisciplinary and comparative study reveals that the tort system fails to satisfy one of its main objectives in that it does not provide recipients of damages with 'full' compensation.     

Testing the limits of freedom of contract: the commercialization of reproductive materials and services

This article examines the cases for and against commercializing, or "commodifying," reproductive materials and services. Using a supply/demand third-party framework, three basic scenarios in which commercial-exchange relationships may be possible--exchange of gametes and zygotes, exchange of gestational services, and exchange of fetal material--and the major parties of interest, or stakeholders, are identified. The study sketches the liberal, essentialist, and radical contingency theories that shape the debate over the commercialization of reproductive materials and services. The article then attempts to derive some basic governing principles that reflect as much common ground as possible amongst these various normative perspectives, while recognizing that complete reconciliation is impossible. Taken together, these principles are designed to reflect a strategy of "constrained commodification," where commercialization or commodification, that is, financial remuneration, plays a relatively neutral role in the utilization of reproductive materials and services. In light of these principles, the article concludes by sketching legal and regulatory regimes with respect to the exchange of gametes and zygotes, gestational services, and fetal tissue.     

Coping with Concerns: An Exploratory Comparison of Australian,Colombian, German,and Palestinian Adolescents

Consistent with an emphasis on positive psychology, and on ability rather than deficit, this study of adolescents in 4 communities sought to examine how young people cope with their concerns. Samples of Australian, Colombian, German, and Palestinian students completed the general form of the Adolescent Coping Scale, an 80-item instrument used to measure coping. A comparison of young people's usage of 3 coping styles and 18 coping strategies within these communities indicated that Palestinian youth report greater usage of all but three strategies (namely, physical recreation, relaxation, and tension reduction), and German youth report the least usage of 2/3 of the strategies assessed. Both Palestinian and Colombian youth were noted to utilize more seek to belong, focus on the positive, social action, solving the problem, seeking spiritual support, and worry than were German or Australian adolescents. When the relative usage of coping strategies within national settings was considered, some noticeable differences were apparent. For example it was found that regardless of the national setting young people reported most frequent use of working hard and use of problem solving strategies. When it comes to more culturally determined activities such as physical recreation, the Australian and German students ranked this strategy more highly in their coping repertoires than do the Colombians, and more noticeably, the Palestinian students. For example, although physical recreation is ranked as the second most commonly used strategy for the German sample, it is ranked 16th by the Palestinians. The study demonstrates the importance of identifying coping strategies that are reflective of each community under investigation. Similarity in coping cannot be assumed across different student populations. Consequently caution needs to be exercised when importing coping programs from one community to another.     

Bureaucracy,Network, or Enterprise? Comparing Models of Governance in Australia,Britain, the Netherlands,and New Zealand

Theories of democratic government traditionally have relied on a model of organization in which officials act impartially, accept clear lines of accountability and supervision, and define their day–to–day activities through rules, procedures, and confined discretion. In the past 10 years, however, a serious challenge to this ideal has been mounted by critics and reformers who favor market, network, or "mixed–economy" models. We assess the extent to which these new models have influenced the work orientations of frontline staff using three alternative service types—corporate, market, and network—to that proposed by the traditional, procedural model of public bureaucracy. Using surveys of frontline officials in four countries where the revolution in ideas has been accompanied by a revolution in methods for organizing government services, we measure the degree to which the new models are operating as service–delivery norms. A new corporate–market hybrid (called "enterprise governance") and a new network type have become significant models for the organization of frontline work in public programs.     

A Question of Morality: Artists' Values and Public Funding for the Arts

In 1989, the combination of art, religion, homosexuality, ana¹ public dollars set off an explosive two-year battle and a decade of skirmishes over funding for the National Endowment for the Arts. To promote artistic freedom and to avoid political controversy, federal arts policy delegates specific funding decisions to private donors and arts professionals. In an era of morality politics—hot-button issues driven by deeply held beliefs rather than by expertise—that strategy no longer works. Artists, donors, and arts audiences diverge widely from the rest of the American public in their attitudes toward religion, sexual morality, and civil liberties, as General Social Survey data show. Delegating funding decisions to them has naturally led to some subsidies of art offensive to important segments of the population.