Innovation and hybrid genres: disturbing social rhythm in legal practice.

This paper explores the non-adoption of an innovation via the concept of hybrid genres, that is digital genres that emerge from a non-digital material precedent. As instances of innovation these are often resisted because they disturb the order of activity and balance of power relations in a given situation, or require users to make conceptual and physical adaptation efforts that they consider too costly. The authors investigate such issues with a case study of the introduction of a hybrid digital genre, ODR or online dispute resolution, in legal practice

Exploring the contribution of workplace learning to an HRD strategy in the Scottish legal profession.

Purpose – The purpose of this paper is to explore the relevance of human resource development (HRD) for law firms in the UK. It examines how the characteristics of legal professional practice in the UK, including the partnership structure, long established methods of targeting solicitors and the law society, may act as barriers to the implementation of HRD. Design/methodology/approach – The paper uses an exploratory case study research approach to investigate characteristics and issues influencing the adoption of HRD in a Scottish legal firm. Primary data are collected via semi-structured interviews with a cross-section of representatives. Findings – Despite recognition of the importance of learning, the characteristic elements of law firms, including the partnership structure; the pervasiveness of time-billed targets in the solicitor community; and HR’s profile and acceptance among the solicitor community, remain as barriers to the applicability of HRD. The research also exposes variability on the level and scope of development opportunities, an emphasis on technical skills development, and a lack of solicitors’ self-managed learning ability. Research limitations/implications – While the research findings provide a useful insight into the barriers to HRD in one legal firm, this does not allow for any generalisations being drawn from the study. Practical implications – The paper explores the suitability of workplace learning to support legal professional development. Originality/value – There is a dearth of research into HRD in legal practices in the UK. The paper contributes to the contextual influences that limit the applicability of HRD to legal professional practices.

Test document - Investigation into the supply and demand of breakfast muffins in Paris hotels.

This survey was undertaken by the film crew accompanying Cary Grant when making the film "Charade" in 1963.

A module-based approach to foster and document the intercultural process before and during the residence abroad.

This article contributes to the debate on what form of preparation and support can enhance the intercultural student experience during the Year Abroad. It presents a credit-bearing and multi-modal module at a UK university designed to both prepare students prior to departure through a series of workshops and activities on an e-portfolio and help them engage in meta-reflection on intercultural issues during their stay. The presentation of the curricular components of the course and instances extracted from student blogs are contextualised within theoretical considerations on intercultural education and a holistic approach to student development. The longitudinal evolution of the module is presented in the context of an iterative approach leading to a cycle of revisions and amendments. With its pragmatic stance this article aims to address one of the concerns recently expressed about intercultural education, namely that although intercultural theories are suitably incorporated in the latest thinking on communicative competence, there is a lack of evidence-based practice.

The Legal Base for Human Rights Field Operations

Odello, Marco, The Legal Base for Human Rights Field Operations, In: 'The Human Rights Field Operation: Law, Theory and Practice', O'Flaherty, M. (eds), Ashgate Publishing, pp.47-67, 2007. RAE2008

International Security in the Western Hemisphere: Legal and Institutional Developments

Odello, Marco, 'International Security in the Western Hemisphere: Legal and Institutional Developments', Anuario de Derecho Internacional, (2005) 21, pp.379-411 RAE2008

Defensa Critico-Historico-Canonico-Legal de la Ciudad de Pamplona, Metropoli y Cabeza de el Reyno de Navarra, y respuesta a la Dissertacion Historico-Canonica de el Prior, y Cabildo de la Iglesia Cathedral de la misma Ciudad, en las differencias, que han excitado sobre processiones

Signaturas: [ ]2, A-Z2, 2A-2Z2, 3A-3B2, [ ]1.

Women in the Legal Profession

In recent years, the high percentage of lawyers in Portugal became a controversial issue. As a large number of law graduates have been competing for admission at the Bar, this trend is creating new challenges to the profession, with important resonances in the Bar admission policy. The purpose of this presentation is to illustrate the progress made by women in legal professions, in Portugal, over the last decades. In order to contextualize our analysis, we begin with an overview of the position of women in the labor market and then focus on the legal professions. Firstly, the increasing presence of women in different segments of the legal field is analyzed by means of a statistical approach. Afterwards, we draw a critical analysis highlighting the bearing of these developments and deconstructing their meaning in terms of career patterns, remuneration and professional status. Our analysis of contemporary official data on legal professions reveals that even though women are occupying a growing number of positions in private practice, they earn lower salaries, have lower job satisfaction and have a more critical reasoning towards the public image of lawyers. Concerning magistrates, women working in superior courts continue to be underrepresented. Overall, we conclude that the increasing integration of women in legal professions is not straightforward, and there are still many aspects that need to be addressed the private and public sector.

StaXML: Static Typing of XML Document Fragments for Imperative Web Scripting Languages

We present a type system, StaXML, which employs the stacked type syntax to represent essential aspects of the potential roles of XML fragments to the structure of complete XML documents. The simplest application of this system is to enforce well-formedness upon the construction of XML documents without requiring the use of templates or balanced "gap plugging" operators; this allows it to be applied to programs written according to common imperative web scripting idioms, particularly the echoing of unbalanced XML fragments to an output buffer. The system can be extended to verify particular XML applications such as XHTML and identifying individual XML tags constructed from their lexical components. We also present StaXML for PHP, a prototype precompiler for the PHP4 scripting language which infers StaXML types for expressions without assistance from the programmer.

Application-Level Document Caching in the Internet

With the increasing demand for document transfer services such as the World Wide Web comes a need for better resource management to reduce the latency of documents in these systems. To address this need, we analyze the potential for document caching at the application level in document transfer services. We have collected traces of actual executions of Mosaic, reflecting over half a million user requests for WWW documents. Using those traces, we study the tradeoffs between caching at three levels in the system, and the potential for use of application-level information in the caching system. Our traces show that while a high hit rate in terms of URLs is achievable, a much lower hit rate is possible in terms of bytes, because most profitably-cached documents are small. We consider the performance of caching when applied at the level of individual user sessions, at the level of individual hosts, and at the level of a collection of hosts on a single LAN. We show that the performance gain achievable by caching at the session level (which is straightforward to implement) is nearly all of that achievable at the LAN level (where caching is more difficult to implement). However, when resource requirements are considered, LAN level caching becomes much more desirable, since it can achieve a given level of caching performance using a much smaller amount of cache space. Finally, we consider the use of organizational boundary information as an example of the potential for use of application-level information in caching. Our results suggest that distinguishing between documents produced locally and those produced remotely can provide useful leverage in designing caching policies, because of differences in the potential for sharing these two document types among multiple users.

Demand-based Document Dissemination for the World-Wide Web

We analyzed the logs of our departmental HTTP server http://cs-www.bu.edu as well as the logs of the more popular Rolling Stones HTTP server http://www.stones.com. These servers have very different purposes; the former caters primarily to local clients, whereas the latter caters exclusively to remote clients all over the world. In both cases, our analysis showed that remote HTTP accesses were confined to a very small subset of documents. Using a validated analytical model of server popularity and file access profiles, we show that by disseminating the most popular documents on servers (proxies) closer to the clients, network traffic could be reduced considerably, while server loads are balanced. We argue that this process could be generalized so as to provide for an automated demand-based duplication of documents. We believe that such server-based information dissemination protocols will be more effective at reducing both network bandwidth and document retrieval times than client-based caching protocols [2].

Police accountability in Ireland: an analysis of the problems posed by the legal, constitutional and political dimensions and how they might be addressed

The concept of police accountability is not susceptible to a universal or concise definition. In the context of this thesis it is treated as embracing two fundamental components. First, it entails an arrangement whereby an individual, a minority and the whole community have the opportunity to participate meaningfully in the formulation of the principles and policies governing police operations. Second, it presupposes that those who have suffered as victims of unacceptable police behaviour should have an effective remedy. These ingredients, however, cannot operate in a vacuum. They must find an accommodation with the equally vital requirement that the burden of accountability should not be so demanding that the delivery of an effective police service is fatally impaired. While much of the current debate on police accountability in Britain and the USA revolves around the issue of where the balance should be struck in this accommodation, Ireland lacks the very foundation for such a debate as it suffers from a serious deficit in research and writing on police generally. This thesis aims to fill that gap by laying the foundations for an informed debate on police accountability and related aspects of police in Ireland. Broadly speaking the thesis contains three major interrelated components. The first is concerned with the concept of police in Ireland and the legal, constitutional and political context in which it operates. This reveals that although the Garda Siochana is established as a national force the legal prescriptions concerning its role and governance are very vague. Although a similar legislative format in Britain, and elsewhere, have been interpreted as conferring operational autonomy on the police it has not stopped successive Irish governments from exercising close control over the police. The second component analyses the structure and operation of the traditional police accountability mechanisms in Ireland; namely the law and the democratic process. It concludes that some basic aspects of the peculiar legal, constitutional and political structures of policing seriously undermine their capacity to deliver effective police accountability. In the case of the law, for example, the status of, and the broad discretion vested in, each individual member of the force ensure that the traditional legal actions cannot always provide redress where individuals or collective groups feel victimised. In the case of the democratic process the integration of the police into the excessively centralised system of executive government, coupled with the refusal of the Minister for Justice to accept responsibility for operational matters, project a barrier between the police and their accountability to the public. The third component details proposals on how the current structures of police accountability in Ireland can be strengthened without interfering with the fundamentals of the law, the democratic process or the legal and constitutional status of the police. The key elements in these proposals are the establishment of an independent administrative procedure for handling citizen complaints against the police and the establishment of a network of local police-community liaison councils throughout the country coupled with a centralised parliamentary committee on the police. While these proposals are analysed from the perspective of maximising the degree of police accountability to the public they also take into account the need to ensure that the police capacity to deliver an effective police service is not unduly impaired as a result.

The right to humanitarian assistance in natural and human-made disasters: progress and challenges for an emerging international legal framework

Natural and human-made disasters cause on average 120,000 deaths and over US$140 billion in damage to property and infrastructure every year, with national, regional and international actors consistently responding to the humanitarian imperative to alleviate suffering wherever it may be found. Despite various attempts to codify international disaster laws since the 1920s, a right to humanitarian assistance remains contested, reflecting concerns regarding the relative importance of state sovereignty vis-à-vis individual rights under international law. However, the evolving acquis humanitaire of binding and non-binding normative standards for responses to humanitarian crises highlights the increasing focus on rights and responsibilities applicable in disasters; although the International Law Commission has also noted the difficulty of identifying lex lata and lex ferenda regarding the protection of persons in the event of disasters due to the “amorphous state of the law relating to international disaster response.” Therefore, using the conceptual framework of transnational legal process, this thesis analyses the evolving normative frameworks and standards for rights-holders and duty-bearers in disasters. Determining the process whereby rights are created and evolve, and their potential internalisation into domestic law and policy, provides a powerful analytical framework for examining the progress and challenges of developing accountable responses to major disasters.

Legal regulation of the software "patentable subject matter" requirement in the US and in Europe: The need for certainty, predictability and uniformity

This thesis critically investigates the divergent international approaches to the legal regulation of the patentability of computer software inventions, with a view to identifying the reforms necessary for a certain, predictable and uniform inter-jurisdictional system of protection. Through a critical analysis of the traditional and contemporary US and European regulatory frameworks of protection for computer software inventions, this thesis demonstrates the confusion and legal uncertainty resulting from ill-defined patent laws and inconsistent patent practices as to the scope of the “patentable subject matter” requirement, further compounded by substantial flaws in the structural configuration of the decision-making procedures within which the patent systems operate. This damaging combination prevents the operation of an accessible and effective Intellectual Property (IP) legal framework of protection for computer software inventions, capable of securing adequate economic returns for inventors whilst preserving the necessary scope for innovation and competition in the field, to the ultimate benefit of society. In exploring the substantive and structural deficiencies in the European and US regulatory frameworks, this thesis develops to ultimately highlight that the best approach to the reform of the legal regulation of software patentability is two-tiered. It demonstrates that any reform to achieve international legal harmony first requires the legislature to individually clarify (Europe) or restate (US) the long-standing inadequate rules governing the scope of software “patentable subject matter”, together with the reorganisation of the unworkable structural configuration of the decision-making procedures. Informed by the critical analysis of the evolution of the “patentable subject matter” requirement for computer software in the US, this thesis particularly considers the potential of the reforms of the European patent system currently underway, to bring about certainty, predictability and uniformity in the legal treatment of computer software inventions.

Legacy of unresolved legal issues on mental health

ANALYSIS The time has come for a fundamental review of the Mental Health Act 2001.