Article 6 ECHR, Civil Rights and the Enduring Role of the Common Law

This article examines the role that the common law has played in Human Rights Act 1998 case law on the protection of 'civil rights' within the meaning of Article 6 ECHR. Focusing on Article 6 ECHR's 'disclosure' and 'full jurisdiction' requirements, it highlights an increasingly nuanced relationship between the ECHR and common law in cases under and outside the Human Rights Act 1998. Although the general pattern within the case law has been one of domestic court fidelity to the ECHR - something that is wholly consistent with section 2 of the Human Rights Act 1998 - the article notes areas in which the courts have been reluctant to adapt common law principles, as well as instances of common law protections exceeding those available under Article 6 ECHR. The article suggests that such lines of reasoning reveal a robustness within the common law that brings a multi-dimensional quality to the Human Rights Act 1998. It also suggests that such robustness can be analysed with reference to 'common law constitutionalism' and a corresponding imagery of 'dialogue' between the domestic courts and European Court of Human Rights.

Should the fiscal powers of the Northern Ireland Assembly be enhanced?

Northern Ireland has been characterised by an inability to narrow the persistent economic gap relative to Britain. Some commentators have suggested that regional Corporation Tax variation may be the “game changer” in closing this gap. This paper draws on a range of papers that help us better understand the historical and institutional context. However, the analysis of tax variation is broader than this. Consideration is given as to which taxes might be the most suitable candidates for devolution. While greater tax variations could certainly complement an emphasis on increased competitiveness aimed at improving economic outcomes, they are no substitute for such a focus. As is often the case in institutional and economic development, issues of sequencing and policy capacity are salient.

Reading Elizabeth Bishop's "Artifact of [Words]"

As Emerson noted in his essay 'The Poet' "we are not pans and barrows, not even porters of the fire and torch-bearers, but children of the fire, made of it, and only the same divinity transmuted, and at two or three removes, when we least know about it." For Emerson, the fire is poetry, an elemental force capable of transmutation, transformation and enduring relevance. Moving from Emerson, Elizabeth Bishop rises as the twentieth-century poet most aligned with the possibility of poetry and the powers of its practice, as 'At The Fishhouses' indicates in her clear referencing of Emerson:

"If you should dip your hand in,
your wrist would ache immediately,
your bones would begin to ache and your hand would burn
as if the water were a transmutation of fire
that feeds on stones and burns with a dark gray flame."

This essay will look in detail at Bishop's understanding of the possibility of poetry and how art functions as a multi-dimensional structure that is unsettled as much as it unsettles. In particular, Bishop's poem 'The Monument' will be unpicked as testament both to the practice of Bishop's art and also the role of the poet critic responding to what they uncover

Political Posturing or Real Powers: Control of Genetically Modified Crops by the Member States and their Regions

The cultivation of genetically modified (GM) crops in the EU is highly harmonised, involving a central authorisation procedure that aims to ensure a high level of environmental and human health protection. However conflicts over authority persist and the Commission has responded to a combination of internal and external pressures with a more flexible approach to coexistence, a proposed opt-out clause and recently a promise by the head of the Commission to review the existing EU GM legislative regime, providing an opportunity to consider and suggest paths of development. In light of the significance of multilevel governance and subsidiarity for GM cultivation, this paper considers the policy-making powers of the Member States and subnational regions in this regime, focussing upon post-authorisation options in particular. A number of core mechanisms exist, including voluntary measures, safeguard clauses, coexistence measures, a proposed express opt-out and Article 4(2) TEU on ‘national identity. These mechanisms are examined in light of the goals and challenges of multilevel governance, in order to consider whether the relevant powers are located at the appropriate level. Overall, it is apparent that the developments occurring at the EU level are strengthening multilevel governance, but with significant opportunities to improve it further through focussing on the supporting roles and the regional levels in particular.

Technology and the architecture of markets: re-configuring the Canadian equity market

This paper examines the relation between technical possibilities, liberal logics, and the concrete reconfiguration of markets. It focuses on the enrolling of innovations in communication and information technologies into the markets traditionally dominated by stock exchanges. With the development of capacities to trade on-screen, the power of incumbent market makers has been challenged as a less stable array of competing quasi-public and private marketplaces emerges. Developing a case study of the Toronto Stock Exchange, I argue that narrative emphasis on the performative power of sociotechnical innovations, the deterritorialisation of financial relations, and the erosion of state capacities needs qualification. A case is made for the importance of developing an understanding of: the spaces of encounter between emerging social technologies and property rights, rules of exchange, and structures of governance; and the interplay of orderings of different institutional composition and spatial reach in the reconfiguration of market architectures. Only then can a better grasp be gained of the evolving dynamics between making markets, the regulatory powers of the state, and their delimitations.

Green function for the diffusion limit of one-dimensional continuous time random walks

It is shown how the fractional probability density diffusion equation for the diffusion limit of one-dimensional continuous time random walks may be derived from a generalized Markovian Chapman-Kolmogorov equation. The non-Markovian behaviour is incorporated into the Markovian Chapman-Kolmogorov equation by postulating a Levy like distribution of waiting times as a kernel. The Chapman-Kolmogorov equation so generalised then takes on the form of a convolution integral. The dependence on the initial conditions typical of a non-Markovian process is treated by adding a time dependent term involving the survival probability to the convolution integral. In the diffusion limit these two assumptions about the past history of the process are sufficient to reproduce anomalous diffusion and relaxation behaviour of the Cole-Cole type. The Green function in the diffusion limit is calculated using the fact that the characteristic function is the Mittag-Leffler function. Fourier inversion of the characteristic function yields the Green function in terms of a Wright function. The moments of the distribution function are evaluated from the Mittag-Leffler function using the properties of characteristic functions and a relation between the powers of the second moment and higher order even moments is derived. (C) 2004 Elsevier B.V. All rights reserved.

Operation of a free-electron laser from the extreme ultraviolet to the water window

We report results on the performance of a free-electron laser operating at a wavelength of 13.7 nm where unprecedented peak and average powers for a coherent extreme-ultraviolet radiation source have been measured. In the saturation regime, the peak energy approached 170 J for individual pulses, and the average energy per pulse reached 70 J. The pulse duration was in the region of 10 fs, and peak powers of 10 GW were achieved. At a pulse repetition frequency of 700 pulses per second, the average extreme-ultraviolet power reached 20 mW. The output beam also contained a significant contribution from odd harmonics of approximately 0.6% and 0.03% for the 3rd (4.6 nm) and the 5th (2.75 nm) harmonics, respectively. At 2.75 nm the 5th harmonic of the radiation reaches deep into the water window, a wavelength range that is crucially important for the investigation of biological samples.

Charabanc, cultural capital and the men of recognised credit

This paper compares the cultural legacy of the all-female Charabanc with that of Field Day, its fellow counterpart in the Irish Theatre touring movement in the 1980s. It suggests that a conscious awareness amongst the all-male Field Day board of successful writers and directors of what Bourdieu has called 'cultural capital' is implicated in the enduring authority of the work of that company within the history of Irish theatre. Conversely the paper considers if the populist Charabanc, in its steadfast refusal to engage with the hierarchies of academia and publishing, was too neglectful of the cultural capital which it accrued in its heyday and has thus been party to its own occlusion from that same history.

Responsive homes of old Cairo: Learning from the past, feeding in the future

By investigating the social dynamics of home in one of the enduring communities of Cairo, this paper reveals the way ordinary people construct and consume their private and public domains on a daily basis. It reveals what is central and what is marginal in the cognitive idea of home. This paper adopts an interdisciplinary strategy of investigation, utilizing sociological and anthropological data to read and visit spatial practices in the home. Building on historical as well as contemporary accounts of residents and families, the concept of home is envisioned as a spectrum of social spheres that is liberated from the physical determinants of space, hence revealing a new domain of part-time spaces and dynamic spatiality. The emergent idea of home intertwines work, domesticity, recreation and hospitality in interplay of space-activity-time relationships. Homes of old Cairo have proved to be responsive to continuous change, and have evolved dynamic forms of the temporal settings required for accommodation of emerging home-based professional activities such as hospitality, home-workers, and care-homes.

Observation of annular electron beam transport in multi-TeraWatt laser-solid interactions

Electron energy transport experiments conducted on the Vulcan 100 TW laser facility with large area foil targets are described. For plastic targets it is shown, by the plasma expansion observed in shadowgrams taken after the interaction, that there is a transition between the collimated electron flow previously reported at the 10 TW power level to an annular electron flow pattern with a 20 degrees divergence angle for peak powers of 68 TW. Intermediate powers show that both the central collimated flow pattern and the surrounding annular-shaped heated region can co-exist. The measurements are consistent with the Davies rigid beam model for fast electron flow (Davies 2003 Phys. Rev. E 68 056404) and LSP modelling provides additional insight into the observed results.

Researcher identity: exploring the transformatory power of the research experience.

In consumer research, we frequently focus on the phenomenon of transformation, whether the transformatory effects of a particular consumption community or the great body of work being carried out under the banner of transformative consumer research. However, there is a particular transformation which occurs in the field of interpretivist consumer research that, we would argue, is overlooked—that of researcher transformation. We present as data our reflexive considerations on the ways in which our own research with vulnerable consumers has affected and changed us. We consider short-term transformations in the field, reflecting on the various ways that researcher identity is carefully managed and negotiated to fit with the social–cultural setting. We also consider longer term transformations and discuss the enduring impact of the research process—the people we have met, the homes we have visited, and the stories we have heard. By reflecting on the shaping of identities ‘in the field’, we aim to deepen our appreciation of the interpretive consumer research process and contribute to theoretical understanding of transformative identity research. Copyright © 2012 John Wiley & Sons, Ltd.

“It’s like a problem that doesn’t exist”: The emotional well-being of mothers caring for a child with brain injury.

Background: Although research has shown that significant burden and adverse psychological impact are associated with caring for a child with brain injury, limited knowledge exists concerning the qualitative experience and impact of this burden.
Objective: To provide an account of the experiences of mothers who care for a childhood survivor of brain injury.
Research design: Postal survey.
Methods and procedures: A self-report questionnaire was sent to a consecutive sample of mothers (n=86) of children (aged 8-28) with acquired brain injury, registered with a UK children’s brain injury charity. Five essay style questions enabled mothers to reflect on and describe at length their caring experiences, with particular emphasis placed on the perceived impact on emotional well-being.
Main outcomes and results: Thematic analysis identified five key themes: Perpetually Anxious, The Guilty Carer, The Labour of Caring, A Self-Conscious Apologist and Perpetually Grieving. Collectively, these themes highlight two core processes shaping mothers’ caring experiences and concomitant mental well-being. Firstly, the collective and enduring nature of caregiver burden over time. Second, the crucial role played by socio-cultural values in perpetuating caregiver burden.
Conclusions: Societal norms, particularly those relating to the nature and outcome of brain injury and motherhood, serve to marginalise mothers and increase feelings of isolation. Findings suggest the value of peer support programs as an effective means of providing appropriate social support.