Enabling Free On-line Access to UK Law Reports: The Copyright Problem

The history of publishing legal decisions (law reporting) in the UK has been that of a privatised system since its inception, and that history has encompassed several hundred years. The privatised nature of this has meant that the product (the law report) has been, except in limited cases, viewed as the property of the publisher, rather than the property of the court or public. BAILII is an open access legal database that came about in part because of the copyrighted, privatised nature of this legal information. In this paper, we will outline the problem of access to pre-2000 judgments in the UK and consider whether there are legal or other remedies which might enable BAILII to both develop a richer historic database and also to work in harmony, rather than in competition, with legal publishers. We argue that public access to case law is an essential requirement in a democratic common law system, and that BAILII should be seen as a potential step towards a National Law Library.

Channelled Waves in Anisotropic Mesh Metamaterials

Channelled waves in 2-D periodic anisotropic L-C mesh metamaterials have been investigated. Circuit simulation and the newly developed analytical model of a unit cell have demonstrated full qualitative agreement for both lossless and lossy cases. Isofrequencies for a lattice unit cell and the circuit simulations of finite meshes have shown that propagating waves are channelled from a point source as pencil beams which can travel only along specific trajectories. The beam direction varies with frequency, and at the resonance frequency, the phase and group velocities of the travelling wave are orthogonal. The effect of losses was explored, and it was shown that losses cause qualitative changes of the channelled wave type. It was proven that the channelled waves do not follow the laws of geometrical optics (Snell's law, specular reflection, etc.) at the interfaces of L-C meshes but are governed by the conditions of phase synchronism and impedance matching. Only in the special case of dual L-C and C-L meshes with the interface parallel to the axis of rectangular grid excited at the resonance frequency (X=1) do the channels follow the trajectories of optical rays. A planar mesh test cell has been designed and used for retrieving the unit cell L-C parameters from the S-parameter measurements.

New Ways of Looking at the State Apparatus and the State Archive in Nineteenth Century Ireland: Curiosities from that Phonetic Museum - Royal Irish Constabulary Reports and their Political Uses, 1879-91

This essay seeks to contextualise the intelligence work of the Royal Irish Constabulary, particularly in the 1880s, in terms of the wider British and imperial practice and, as a corollary, to reflect upon aspects of the structure of the state apparatus and the state archive in Ireland since the Union. The author contrasts Irish and British police and bureaucratic work and suggests parallels between Ireland and other imperial locations, especially India. This paper also defines the narrowly political, indeed partisan, uses to which this intelligence was put, particularly during the Special Commission of 1888 on 'Parnellism and crime', when governmentheld police records were made available to counsel for The Times. By reflecting on the structure of the state apparatus and its use in this instance, the author aims to further the debate on the governance of nineteenth-century Ireland and to explore issues of colonial identity and practice. The line of argument proposed in this essay is prefigured in Margaret O'Callaghan, British high politics and a nationalist Ireland: criminality, land and the law under Forster and Balfour (Cork, 199

Güler and Öngel v Turkey: Article 3 of the European Convention on Human Rights and Strasbourg’s discourse on the justified use of force

This article discusses the discourse on the justified use of force in the Strasbourg Court’s analysis of Article 3. With particular focus on the judgment in Güler and Öngel v Turkey, a case concerning the use of force by State agents against demonstrators, it addresses the question of the implications of such discourse, found in this and other cases, on the absolute nature of Article 3. It offers a perspective which suggests that the discourse on the justified use of force can be reconciled with Article 3’s absolute nature.

Victim impact reports in Northern Ireland: Victims’ voices influencing sentencing?

Discusses three Northern Ireland Court of Appeal decisions concerning the role of victim impact reports (VIRs) on sentencing in sexual violence cases, and illustrating how courts may be unable to rely on victims' accounts of the harm they suffered because the experts' reports were unreliable. Details key features of the cases, the use of VIRs as evidence-based harm, and why improved guidance on their use is needed in Northern Ireland.