Bogeymen, lunatics and fanatics: collective actions and the private enforcement of European competition law

The European desire to ensure that bearers of EU rights are adequately compensated for any infringement of these rights, particularly in cases where the harm is widely diffused, and perhaps not even noticed by those affected by it, collides with another desire: to avoid the perceived excesses of an American-style system of class actions. The excesses of these American class actions are in European discourse presented as a sort of bogeyman, which is a source of irrational fear, often presented by parental or other authority figures. But when looked at critically, the bogeyman disappears. In this paper, I examine the European (and UK) proposals for collective action. I compare them to the American regime. The flaws and purported excesses of the American regime, I argue, are exaggerated. A close, objective examination of the American regime shows this. I conclude that it is not the mythical bogeyman of a US class action that is the barrier to effective collective redress; rather, the barriers to effective, wide-ranging group actions lie within European legal culture and traditions, particularly those mandating individual control over litigation.

Deconstructing Victim and offender Identities in Discourses on Child Sexual Abuse: Hierarchies, Blame and the Good/Evil Dialectic

Contemporary social and political constructions of victimhood and offending behaviour lie at the heart of regulatory policies on child sexual abuse. Legislation is named after specific child victims of high profile cases, and a burgeoning range of pre-emptive measures are enacted to protect an amorphous class of ‘all potential victims’ from the risk sex offenders are seen as posing. Such policies are also heavily premised on the omnipresent predatory stranger. These constructed identities, however, are at odds with the actual identities of victims and offenders of such crimes. Drawing on a range of literatures, the core task of this article is to confront some of the complexities and tensions surrounding constructions of the victim/offender dyad within the specific context of sexual offending against children. In particular, the article argues that discourses on ‘blame’ – and the polarised notions of ‘innocence’ and ‘guilt’ – inform respective hierarchies of victimhood and offending concerning ‘legitimate’ victim and offender status. Based on these insights, the article argues for the need to move beyond such monochromatic understandings of victims and offenders of sexual crime and to reframe the politics of risk accordingly.

catena-poly[mercury(II)-di-mu-chloro-mu-pyridazine-kappa N-2 : N ']

The crystal structure of [HgCl2(Pyo)](n) (Pyo = pyridazine, C4H4N2) consists of chloride-bridged strands of octahedrally coordinated mercuric centers, connected by the two neighboring N atoms of pyridazine molecules. All atoms lie in special positions:Hg with site symmetry 2/m and the others on mirror planes.

catena-poly[mercury(II)-di-mu-bromo-mu-pyridazine-kappa N-2 : N ']

The crystal structure of [HgBr2(Pyo)](n) (Pyo = pyridazine, C4H4N2) consists of strands of octahedrally coordinated mercuric centers asymmetrically bridged by bromide and connected by the two neighboring N atoms of pyridazine molecules to complete the octahedral coordination of mercury. The Hg atoms lie on inversion centers.

Trimethylphenylammonium trichloromercurate(II), (Me3PhN)[HgCl3]

The crystal structure of (Me3PhN)[HgCl3] contains [(CH3)(3)(C6H5)N](+) cations and chains of distorted vertex-sharing [HgCl4](2-) tetrahedra running parallel to [100]. The tetrahedra around mercury(II) are distorted, exhibiting a [2+2] coordination. Apart from one of the Cl atoms, which is located on a twofold rotation axis, and a pair of symmetry-related methyl C atoms, which are located in general positions, all non H-atoms lie on mirror planes.