• ‘Keep Calm and Carry on’: EU legal developments in 2016

      Cotter, John; University of Wolverhampton Law School (University Association for Contemporary European Studies and John Wiley & Sons Ltd, 2017-06-06)
      For reasons not requiring much exposition, 2016 was an annus horribilis for the EU. A review of the EU judiciary’s 2016 activity reveals that the constituent courts of the Court of Justice of the EU (CJEU), the Court of Justice and the General Court, do not have the luxury of existing above the tumult in splendid isolation. In a year in which old and new problems for the EU dominated the headlines, these challenges found shape in justiciable controversies. In total, the Court of Justice and the General Court delivered 844 judgments in 2016, with the Grand Chamber, the Court of Justice’s upper tier, responsible for 42 judgments, representing a reduction in the number of judgments compared to previous years.1 The growth in the CJEU’s personnel continued, with an 11th Advocate-General, Evgeni Tanchev (a Bulgarian), taking his place on the Court of Justice, and 22 General Court Judges appointed throughout the year, bringing the total number at the General Court to 44.2 2016 also saw the abolition of the Civil Service Tribunal, a specialized court that had adjudicated disputes between the EU and its civil servants: its competences have been returned to the General Court.3 This contribution seeks to analyze the year’s most significant judgments in terms of their impact on European integration, with a particular focus on the approaches adopted by the EU judiciary in response to challenges facing the EU. In accordance with convention, this contribution concentrates on the work of the Grand Chamber. In order to ensure continuity with previous years, this contribution confines itself to three subject areas. Section I provides a brief overview of the Grand Chamber’s activity in the area of eurozone crisis management, before providing a more in-depth analysis of its judgment in Ledra Advertising.4 Section II examines developments in EU data protection law, particularly the ruling in Tele2 Sverige.5 Section III discusses the Court’s development of EU citizenship rights in 2016.
    • Kidney Health Inequalities in the United Kingdom: Reflecting on the past, reducing in the future

      Caskey, Fergus; Dreyer, Gavin; Evans, Katharine; Methven, Shona; Scott, Jemima; Brettle, Alison; Castledine, Clare; Chapman, Fiona; Fraser, Simon; Hounkpatin, Hilda; et al. (Kidney Research UK, 2018-09-01)
    • Labour, Exploitation and Capitalism in Russia before and after 1991.

      Haynes, Michael J. (Brill Academic Publications, 2008)
      This article explores the relevance of the idea of state capitalism in Russian development. It situates the idea within the framework of capitalist development which it argues is marked by global inequalities, power imbalances and economic and military competition. The Russian Revolution of October 1917 was an attempt to overthrow this system but its failure led to a highly intense form of state capitalism which lasted until 1991. The underlying continuities in the different regimes in Russia are then analysed in terms of the process of working class exploitation.
    • Lack of business responsibility: an Islamic perspective

      Parvez, Zahid (Inderscience, 2007)
      This paper applies an Islamic perspective to understand the lack of business responsibility witnessed in recent times. A link is developed between the dominant materialistic-secular worldview and lack of business responsibility. The paper argues that a materialistic-secular worldview tends to disconnect economics from ethics, gives privilege to economic values over spiritual values, and confers primacy to legal/bureaucratic mechanisms over ethical and spiritual mechanisms for ensuring compliance to business responsibilities. It suggests that these orientations could account for the weak sense of business responsibility and unethical behaviours reported in earlier works. To remedy this, the paper proposes the broadening of problem-solving methodologies so that both material and ethical/spiritual dimensions of business responsibility are given due consideration. In addition, the paper offers four suggestions, derived from religious traditions, for nurturing the spirit and letter of business responsibility.
    • Language and psychiatry

      Galasinski, Dariusz (Elsevier, 2018-02-02)
    • Last Act in a Violent Drama? The Trial of Greece's Revolutionary Organization 17 November

      Kassimeris, George (2006)
      By strange coincidence, Greece's Revolutionary Organization 17 November (17 N) met its end almost exactly a year after Osama bin Laden's Al Qaeda terrorists felled New York's twin towers, when the group's leader of operations, Dimitris Koufodinas, turned himself in to the police after months on the run, on September 5, 2002. The capture of Koufodinas and his group marked the demise of the last and most stubborn of a generation of ideological terrorists whose campaigns caused serious political and security problems in Western Europe for more than a quarter of a century. Drawing on the judicial investigation findings and the courtroom testimonies of the terrorists, this article attempts to tell the stories of the four most senior group members in order to understand what led them to act in the way they did and, more crucially, what kept them inside a terrorist organization with no prospects and community support for so long. (Informaworld)
    • Law Patriarchies and State Formation in England and Post-Colonial Hong Kong

      Jones, Carol (Blackwell Publishing, 2001)
      The rise of the modern state is often associated with the demise of particularistic ties and authoritarian patriarchy. Classically, particularism gives way to universalism, patronage, hierarchy, and deference to the ‘equalities’ of contract. But history is not a one-way street nor is patriarchy all of one kind. Society's legal arrangements, structure, custom, power, affect, and sex swing back and forth between values of distance, deference, and patronage and those stressing greater egalitarianism in personal and political relations. Though they vary in type, patriarchy and particularism as cultural systems do not disappear but ebb, flow, and are revived, their oscillation driven by particular economic goals and political insecurities.
    • Learning from mistakes: The Barrowfield Project in Glasgow, Scotland

      Matheson, David; Matheson, Catherine; Matheson, David (Routledge, 2014)
    • Learning strategies of Deaf and hearing impaired students in higher education

      Fleming, Joan; Hay, John (University of Wolverhampton, 2003)
      A research project on learning and teaching strategies for deaf and hearing impaired students.
    • Legal challenges for the cannabis industry

      Yeoh, Peter (Emerald, 2019-12-31)
      Purpose-This paper examines laws and regulations applicable to cannabis in the US and the UK, and including legal reforms and international treaty obligations. Design/methodology/approach-The paper relies on primary data from statutes, and secondary data from online and offline resources, and including relevant case studies. Findings-Federal laws in the US and existing UK cannabis legal regime generally prohibit recreational use of cannabis. Increasingly, various individual states in the US have enabled the use of cannabis health-related uses thereby challenging the status of the UN treaties on drug enforcement. As US struggles to reconcile the conflicts between federal law on cannabis and individual states within its borders, much of the rest of the world including the UK are also struggling with how best to reconcile their domestic positions with their UN treaty obligations. Social Implications-Recent disclosures of past recreational use of prohibited drugs by several candidates vying to be UK Prime Minister suggests why understanding of the laws governing the use of cannabis is useful and relevant to the general public. Originality-The paper provide a general but integrated review of national laws in the US and the UK, and international treaties governing the use of cannabis.
    • Legal skills and the SQE: Confronting the challenge head on

      Jones, Dawn (Taylor & Francis, 2018-10-09)
      The approval of the Solicitors Qualifying Examination (SQE) in April 2018 by the Legal Services Board heralds the demise of the Legal Practice Course (LPC). The new route to qualification announced by the Solicitors Regulation Authority (SRA) also removes the requirement for a qualifying law degree prior to entering the legal profession as a solicitor, an undergraduate degree is required but the discipline is no longer prescribed. This change in approach creates new challenges for both Universities and students in relation to the acquisition of legal skills and understanding of professional conduct and the extent to which these elements should be incorporated into the LLB. Whether or not the LLB provided by an institution aims to include preparation for the SQE, a vocational legal education, or whether the institution offers a liberal law degree without SQE preparation will determine the degree to which practical legal skills and professional conduct will be a requisite. A liberal law degree can be seen as ‘one which does not focus on education for a particular purpose other than education itself. It is not aimed at preparing students for a particular job or profession and is not concerned with notions such as employability.’ For those institutions offering SQE preparation the challenge may be retaining sufficient opportunities for students to engage with socio-legal writing while also covering the essential practical elements required by the SQE. This is a challenge identified by Rigg as “the dual function of providing a liberal legal education while facilitating student and external expectations of employability”.
    • Legal tender, l'égale tendre: Poet-prostitute transactions in European symbolist poetry

      Hambrook, Glyn (British Comparative Literature Association, 2003)
    • ‘Lest we forget’: a veteran and son share a ‘warfare tourism’ experience

      Fallon, P., Dr. and Robinson, P.D., Dr.; Robinson, P.D., Dr. (Taylor & Francis, 2016-07-01)
      ‘Warfare tourism’ represents an increasingly significant dimension of contemporary tourism. This paper provides a fresh perspective on participation in ‘warfare tourism’ by investigating the behaviour and experiences of a living veteran and his son returning to two theatres of war in which the veteran had served in the Royal Navy during the Second World War. Active interviews with the two family members were used to gather rich data regarding the two extended trips, which had been funded by ‘Heroes Return’, to Australia in 2012 and Sri Lanka in 2013. The findings indicate that some of the facets of visiting the fallen at other dark tourism sites, such as empathetic identification and personal connection, are also very relevant to trips shared between the living. However, with the living these contribute to a powerful co-created experience in which ‘closer’ bonds between the travellers can be developed. Furthermore, whilst the experiences at times represented ‘bitter-sweet’ nostalgia for the veteran, they also provided the son with the opportunity to ‘look through his father’s eyes’ from both a past and current perspective. Given that there will be war veterans as long as conflicts exist, the results have valuable messages for all those dealing with veterans in the future.
    • Liberals, Jacobins and Grey Masses in 1917

      Haynes, Michael J. (London: Verso, 2007)
      In History and Revolution, a group of respected historians confronts the conservative, revisionist trends in historical enquiry that have been dominant in the last twenty years. Ranging from an exploration of the English, French, and Russian revolutions and their treatment by revisionist historiography, to the debates and themes arising from attempts to downplay revolution’s role in history, History and Revolution also engages with several prominent revisionist historians, including Orlando Figes, Conrad Russell and Simon Schama. (Verso)
    • Linking the dots among destination images, place attachment, and revisit intentions: A study among British and Russian tourists

      Stylos, Nikolaos; Bellou, Victoria; Andronikidis, Andreas; Vassiliadis, Chris A. (Elsevier, 2016-11-16)
      Limited evidence suggests that the incorporation of both image components (cognitive, affective, and conative) and holistic image is meaningful for predicting tourists' revisit intentions. Extending this line of research, the present study aims to unravel the relative influence that each component of image has directly and indirectly, via holistic image, on revisit intentions. In doing so, we incorporate two national samples (British and Russians) of diverse tourist profile and significantly different levels of visitation frequency to investigate place attachment as a moderator. Evidence from 1362 British and 1164 Russian tourists indicated that all image components have a positive indirect effect on revisit intention via holistic image, while conative has also a direct one. As expected, the image components rank differently for British and Russian tourists. The indirect effects of destination images on revisit intention, except conative, are conditional and, interestingly, most of these are stronger for tourists with low PA.
    • Linking transformational leadership and core self-evaluation to job performance: The mediating role of felt accountability

      Vivian Chen, Chun-Hsi; Yuan, Mei-Ling; Cheng, Jen-Wei; Seifert, Roger (Elsevier, 2015-11-03)
      The present study examines the mediating effects of felt accountability on the relationship of both transformational leadership as well as core self-evaluation on task and contextual performance. SEM with AMOS was used to analyze the data collected from questionnaires distributed to 302 supervisor-employee dyads. The concept of felt accountability is based on a social contingency model of accountability, which is distinct from the feelings of responsibility or obligation in organizational research. Our hypotheses of the mediating roles of felt accountability were supported by the data, except that the mediating effect of felt accountability between the relationship of core self-evaluation and contextual performance was not supported. We discuss the implications of these results for research and practice in organizations.
    • Livelihoods, conflict and aid programming: Is the evidence base good enough?

      Mallett, Richard; Slater, Rachel (Wiley, 2015-08-17)
      In conflict-affected situations, aid-funded livelihood interventions are often tasked with a dual imperative: to generate material welfare benefits and to contribute to peacebuilding outcomes. There may be some logic to such a transformative agenda, but does the reality square with the rhetoric? Through a review of the effectiveness of a range of livelihood promotion interventions—from job creation to microfinance—this paper finds that high quality empirical evidence is hard to come by in conflict-affected situations. Many evaluations appear to conflate outputs with impacts and numerous studies fail to include adequate information on their methodologies and datasets, making it difficult to appraise the reliability of their conclusions. Given the primary purpose of this literature—to provide policy guidance on effective ways to promote livelihoods— this silence is particularly concerning. As such, there is a strong case to be made for a restrained and nuanced handling of such interventions in conflict-affected settings.
    • Local and territorial determinants in the realization of public-private-partnerships: an empirical analysis for Italian provinces

      Mazzola, Fabio; Cusimano, Alessandro; Di Giacomo, Giuseppe; Epifanio, Rosalia (Informa UK Limited, 2019-07-17)
      Relational networks and intangible factors are crucial elements for the competitiveness of a territory. Public–Private–Partnerships (PPPs), in particular, allow for the provision of goods and services that favour the exploitation of complementarities between public and private resources. They aim at promoting an increase in the overall efficiency of investment projects through a complex mechanism that distributes risk and revenues among stakeholders. This paper examines the local and territorial determinants of PPPs through an econometric analysis based upon Italian municipal data, grouped at the provincial level. Using a tobit model, we analyse the relationship between the realization of successful PPP initiatives and different sets of factors, including less analysed local and territorial determinants. We stress the role of the local management of infrastructure assets, the administrative efficiency of local authorities and the diffusion of previous local development initiatives. Local management and territorial context factors explain most of the occurrence of successful PPP initiatives in the pre-crisis period while usual determinants (infrastructure endowment and financial distress) display a weaker effect.
    • The Logistics of the British Recovery of the Falkland Islands, 1982

      Badsey, Stephen (National Institute for Defense Studies, 2014-03)
      There is a saying—now a military cliché—attributed to several senior army and navy commanders of the mid-20th century, that amateurs or juniors discuss tactics, while their seniors and other professionals discuss logistics; a saying that has been qualified in recent decades by the view that the most senior and professional decisions of all are concerned with force generation, the creation of the formations needed for a possible future war. Logistics, together with force generation, was very obviously of critical importance to the British recovery of the Falkland Islands in April-June 1982. Port Stanley, the Falklands’ capital and only town, is considerably further from London than Tokyo is. The British won chiefly because of their ability, in an improvised military campaign for which they had no prior planning, to project and sustain a Task Force consisting of a Carrier Task Group and an Amphibious Task Group across a distance of over 12,000 kilometres. A vital role was played by the small British territory of Ascension Island in the South Atlantic, just over half way to the Falklands. A lesser but still important role was played by the British recovery early in the campaign of the island of South Georgia, which in 1982 was part of the Falkland Islands Dependencies, and is about 1,500 kilometres east of East Falkland. However, the lack of a secure harbour or port facility of any size on either Ascension Island or South Georgia imposed a severe time limit on how long the British warships could remain in the South Atlantic before they would need to leave the area for essential maintenance.