Without prejudice: opening shots and negotiating documents

Reviews case law which has provided guidance on the law relating to without prejudice communications in landlord and tenant disputes. Considers: (1) the extent to which without prejudice communications are inadmissible in subsequent litigation; (2) exceptions to the without prejudice rule; (3) the specific context in which the rule applies; (4) the need for a dispute or negotiation to have arisen; (5) the prohibition on using "without prejudice" as an opening shot; and (6) the effect of changing the negotiating basis.

Cohabitation and conflict

Considers some of the potential legal difficulties that can occur on the breakdown of a cohabiting couple's relationship. Covers disputes surrounding the ownership of the family home and the use of constructive trusts following the House of Lords decision in Lloyds Bank Plc v Rosset. Outlines the recommendations of the Law Commission in its report Cohabitation: the Financial Consequences of Relationship Breakdown. [From Legal Journals Index]

Back to the bad old days?

Reviews the Court of Appeal decision in James v Thomas that a cohabitee had not acquired an equitable interest in a property registered in her former partner's sole name through a constructive trust, based on express or inferred common intention, or by proprietary estoppel. Highlights the inconsistent approach of the courts to cohabitee disputes. Outlines the Law Commission's proposals in its 2007 report, Cohabitation: The Financial Consequences of Relationship Breakdown, notes the factors to be taken into account by the courts, and speculates on the case's outcome if the proposals were applied. [From Legal Journals Index]

Waste management in Europe: framework, trends and issues

This paper reviews major factors affecting the waste managment sector in Europe, including EU legislation, ECJ rulings, the economic crisis, outsourcing and municipalisation, and employment, including disputes and pay and conditions.

Genealogies of Partition: History, History-Writing and 'The Troubles' in Ireland

Contemporary political disputes have a long history of expression and contestation through the genre of history-writing in Ireland. The role of history writing and political science writing during the nearly 40 years of the so-called 'Troubles' has been no exception to this. Battles between competing versions of what the conflict 'is about', mediated through academic and popular texts have themselves in turn become constitutive of it. This builds upon centuries of the representation of the complicated politics of this island as 'an issue' in British domestic politics - first 'the Catholic question', then 'the Irish question'. The location of political power outside the island for centuries has created successive battles for the representation of sectional interests in a metropolitan centre. The skills of propaganda, history writing, newspaper writing have consequently been deployed at a remarkable level of skill and intensity. In the recent period one of the consequences of this has been the removal from the debate of the actuality of partition; this builds upon a particular historical representation of partition as an historical inevitability. To seek to restore partition to the debate is not to call for its undoing but to recognise that seeking to circumvent debates about its origins in the key period of democratisation in Irish politics (1880-1920) has been counter-productive. This essay examines the genealogies of partition in Irish and international contexts in the light of these battles for representation, and aims to return a lost dimension to the debate about the so-called 'Troubles'in Ireland. The genealogy of partition is the issue that has been marginalised in academic study and this has affected both policy and politics.

“The new Cagliostro”: Onofroff, Rubén Darío and his story "La esfinge"

The article retraces the career of the famous hypnotist Onofroff and particularly his visit to Buenos Aires, where his activity, in 1895, provoked many discussions and some public embarrassment. In this context Darío, using a pseudonym, published his crónica “La esfinge”. We reproduce “La esfinge”, transcribing the original text of La Nación, with annotations identifying the literary and theosophical sources Darío used when he wrote it.

'Robes on Tight Ropes: The Judicialisation of Politics in Nigeria'

This account of judicialised politics in the Nigerian transition experience examines the regulation of the judiciary of the political space, through the resolution of intergovernmental contestations in a dysfunctional federation. It analyses the judicialisation of elite power disputes which have resonance for due process and the rule of law in particular and governance in general. A study of the role of the judiciary in stabilising the country, itself a pivot in the West Africa region in particular and Africa in general, is important. This is especially in view of its classification as a ‘weak state,’ despite its enormous human and natural resources. The analyses here suggest the Supreme Court has taken a strategic position in the task of democratic institutional building and the reinstitution of the rule of law in the country. This strategic measure has received the acclaim of the public. However, the account also discloses that the judiciary, in the course of its numerous interventions, has been drawn into overly political disputes that overreach its jurisprudential preferences. Of even more significance, it demonstrates that the judiciary is itself still challenged by institutional dysfunctions constituting part of the legacies of the authoritarian era. The situation leads back to the need for closer scrutiny of the judicial function in transitional societies.

'The Judiciary and Constitutionalism in Transitions: A Critique'

The article critically analyses the role of the Nigerian courts in mediating resultant tensions in the post-authoritarian transition period. In doing this, I examine jurisprudence emanating from the courts on some serious inter-governmental disputes, as well as decisions bordering on individual and group rights, particularly those connected to the transition process. The dynamics of democratic transition in Nigeria after decades of military rule dictates the inevitability of these disputes. The military left a legacy of systemic distortion and institutional dysfunctions which constitute formidable challenges to the transitioning society. The article argues a case for a purposive jurisprudential approach to resolving the ensuing tensions which typically threaten the viability of the transition.

El significado de la prosopopeya de las Leyes en el "Critón" de Platon

El objeto de este trabajo es realizar un estudio iusfilosófico sobre la aparición de las Leyes (nómoi) personificadas de Atenas en el Critón de Platón. La prosopopeya de las Leyes resulta ser un aspecto central para poder comprender la obra, ya que éstas entablan un diálogo imaginario con Sócrates en el cual instalan diversos argumentos filosóficos para fundamentar la autoridad de la pólis. A los fines de identificar el valor argumentativo de este recurso en la obra, analizaré el significado del nómos en la Atenas del siglo V a. C. y la naturaleza de las Leyes en el contexto general del diálogo. Se busca demostrar la importancia que tienen aquéllas para explicar la decisión de Sócrates de beber la cicuta.

"Thought-Tormented Music": Joyce and the Music of the Irish Revival

"In this special issue's opening essay, Martin Dowling devotes almost half of "'Thought-Tormented Music': Joyce and the Music of the Irish Revival" to what he calls "the situation of music in the Irish literary revival." He focuses chiefly on 1904, which was both an intensely productive period for the revival movement and a year chock-full of crucial events and decisions for Joyce. Drawing on the works of Pierre Bourdieu and Jaques Lacan, Dowling explores the revivalists' efforts to "de-anglicize" Irish music, to remove foreign influences that distorted the "pure tradition of Irish song," and to achieve an improbable harmony between the music favoured by the disappearing Anglo-Irish aristocracy and the Irish-speaking peasantry. Inevitably, disputes occurred over what constituted "authentic" Irish music. Factions quarrelled over whether pristine Irish music existed in the Atlantic seaboard or more inland; whether "authentic" songs were sung with or without instrumental accompaniment; and whether the piano, rather than the traditional harp, was a legitimate instrument of accompaniment. Having delineated the historical and theoretical context, Dowling offers a richly detailed analysis of Joyce's story "A Mother." He reveals how almost every element in the story--from the Eire Abu Society to the Antient Concert Rooms, from the conflict between Mrs. Kearney and Hoppy Holohan to the plight of Kathleen Kearney--is charged with meaning by the subtextual conflicts of the revivalists' agenda. Dowling explains also the "authenticity" in Joyce's depiction of vocal performances of "The Lass of Aughrim" in "The Dead" and "The Croppy Boy" in "Sirens," which he calls two "true gems" of authentic Irish music." --Introduction by Charles Rossman and Alan W. Friedman, Guest Editors, pp. 409-410

Community Cohesion and Social Inclusion: Unravelling a Complex Relationship

In a global context of an emphasis on identity politics and a ‘cultural turn’ in social analysis, deep concern has been expressed about multiethnic Britain becoming a broken society with many ‘sleepwalking’ into segregation and separatism. Given the close correspondence between areas of acute ethnic segregation and those of multiple deprivation, intercommunal tensions have included disputes about the equitable allocation of scarce urban resources across ethnicity. This creates the possibility that urban programmes may inadvertently accentuate intercommunal tension and confound efforts to synchronise cohesion and inclusion agendas. Following recent debates about the implications of increased diversity, influenced by arguments that multiculturalism has encouraged ‘parallel lives’, an emergent policy framework emphasises more proactive integration to promote ‘common belonging’. Criticism of this agenda includes its confusion between community and social cohesion, and its disproportionate focus on cultural aspects such as identity formation and recognition, relative to structural issues of income and class. In exploring this contested terrain in Britain, the article suggests that the longer-term debate about segregation, deprivation and community differentials in Northern Ireland can offer useful insight for Britain’s policy discourse.

The Geography of Conflict and Death in Belfast, Northern Ireland

The conflict known as the oTroubleso in Northern Ireland began during the late 1960s and is defined by political and ethno-sectarian violence between state, pro-state, and anti-state forces. Reasons for the conflict are contested and complicated by social, religious, political, and cultural disputes, with much of the debate concerning the victims of violence hardened by competing propaganda-conditioning perspectives. This article introduces a database holding information on the location of individual fatalities connected with the contemporary Irish conflict. For each victim, it includes a demographic profile, home address, manner of death, and the organization responsible. Employing geographic information system (GIS) techniques, the database is used to measure, map, and analyze the spatial distribution of conflict-related deaths between 1966 and 2007 across Belfast, the capital city of Northern Ireland, with respect to levels of segregation, social and economic deprivation, and interfacing. The GIS analysis includes a kernel density estimator designed to generate smooth intensity surfaces of the conflict-related deaths by both incident and home locations. Neighborhoods with high-intensity surfaces of deaths were those with the highest levels of segregation ( 90 percent Catholic or Protestant) and deprivation, and they were located near physical barriers, the so-called peacelines, between predominantly Catholic and predominantly Protestant communities. Finally, despite the onset of peace and the formation of a power-sharing and devolved administration (the Northern Ireland Assembly), disagreements remain over the responsibility and ocommemorationo of victims, sentiments that still uphold division and atavistic attitudes between spatially divided Catholic and Protestant populations.

Individual employment rights and the renewal of economic citizenship: lessons from the Rights Commissioners in Ireland

Using a large-scale data set, this article considers the role and growing importance of the Rights Commissioners in Ireland. The Rights Commissioners’ service, which has no parallel in any other anglophone industrial relations system, provides an informal and accessible method for the resolution of disputes and the vindication of employment rights. In recent years, the number of cases handled by the Rights Commissioners has grown hugely. A close examination of the cases handled by the service suggests that the Rights Commissioners allow vulnerable workers to pursue cases of alleged breaches of employment rights. The service is seen as holding lessons for other economies in terms of developing a model of economic citizenship that has as a dimension the enforcement of employment rights.

The Emotional Paradoxes of Adverse Possession

Property lawyers are generally viewed as a serious lot, not prone to feverish bursts of excitement as we seek comfort and solace in established legal rules and precepts. In the same way, property law disputes tend to have a fairly low profile and fail to capture the public imagination in the same way as, for example, those involving criminal or human rights law. Such apparent indifference might seem a little strange, given the centrality of property in everyday human life and the significance which legal systems and individuals attach to property rights. However, there is one issue which always inflames passions amongst lawyers and non-lawyers alike: the acquisition of land through the doctrine of adverse possession, often described as ‘squatter’s rights’. No property-related topic is likely to light up a radio show phone-in switchboard quite like squatting