Terrorism Laws and Legal Accountability

This chapter explores the extent to which courts can contribute to the countering of terrorism. It suggests that the contribution will depend on the type of actor the courts are attempting to hold to account as well as on the powers that are conferred on courts by national and international legal regimes. It concludes that courts are most legitimate and effective in relation to terrorist suspects and law enforcers, but less so in relation to counter-terrorism operatives and law-makers.

Concussion and Brain Injury in Contact Sport: Legal Implications

A concussed participant leaving the field of play is one of the most worrying sights in sport. It is also one that might have serious legal implications for sports governing bodies. Over the past number of years, a major class action suit has rumbled through the US courts as taken against that country's biggest professional sport, the National Football League. The NFL is at present attempting to settle the lawsuit from more than 4,500 retired players who claim that the NFL knew for decades about the chronic health risks associated with cumulative concussions in American football but failed to warn players or take preventative steps. Testimony from retired NFL players has revealed stories of chronic headaches, Alzheimer-like forgetfulness, altered personalities and sometimes a downward spiral into depression, violence and suicide. Medical research is suggesting that professional American football players are three times more likely to die as a result of certain neurodegenerative diseases than the general population. This paper notes that the concerns about concussion are not confined to the NFL and extend to contact sport more widely and notably rugby union. This paper also assesses the reaction of leading sports governing bodies globally to the recorded medical risks and accompanying legal vulnerabilities.

The inclusion and juridification of victims on the Island of Ireland

Concern for crime victims has been a growing political issue in improving the legitimacy and success of the criminal justice system through the rhetoric of rights. Since the 1970s there have been numerous reforms and policy documents produced to enhance victims’ satisfaction in the criminal justice system. Both the Republic of Ireland and Northern Ireland have seen a sea-change in more recent years from a focus on services for victims to a greater emphasis on procedural rights. The purpose of this chapter is to chart these reforms against the backdrop of wider political and regional changes emanating from the European Union and the European Court of Human Rights, and to critically examine whether the position of crime victims has actually ameliorated.

While separated into two legal jurisdictions, the Republic of Ireland and Northern Ireland as common law countries have both grappled with similar challenges in improving crime victim satisfaction in adversarial criminal proceedings. This chapter begins by discussing the historical and theoretical concern for crime victims in the criminal justice system, and how this has changed in recent years. The rest of the chapter is split into two parts focusing on the Republic of Ireland and Northern Ireland. Both parts examine the provisions of services to victims, and the move towards more procedural rights for victims in terms of information, participation, protection and compensation. The chapter concludes by finding that despite being different legal jurisdictions, the Republic of Ireland and Northern Ireland have introduced many similar reforms for crime victims in recent years.

Mining Money: the generative capacities of scientific and legal knowledge practices in the making of resource economies

In 1997 a scandal associated with Bre-X, a junior mining firm, and its prospecting activities in Indonesia, exposed to public scrutiny the ways in which mineral exploration firms acquire, assess and report on scientific claims about the natural environment. At stake here was not just how investors understood the provisional nature of scientific knowledge, but also evidence of fraud. Contemporaneous mining scandals not only included the salting of cores, but also unreliable proprietary sample preparation and assay methods, mis-representations of visual field estimates as drilling results and ‘overly optimistic’ geological reports. This paper reports on initiatives taken in the wake of these scandals and prompted by the Mining Standards Task Force (TSE/OSC 1999). For regulators, mandated to increase investor confidence in Canada’s leading role within the global mining industry, efforts focused first and foremost upon identifying and removing sources of error and wilfulness within the production and circulation of scientific knowledge claims. A common goal cross-cutting these initiatives was ‘a faithful representation of nature’ (Daston and Galison 2010), however, as the paper argues, this was manifest in an assemblage of practices governed by distinct and rival regulative visions of science and the making of markets in claims about ‘nature’. These ‘practices of fidelity’, it is argued, can be consequential in shaping the spatial and temporal dynamics of the marketization of nature.

Two-part Segmentation of Text Documents

We consider the problem of segmenting text documents that have a
two-part structure such as a problem part and a solution part. Documents
of this genre include incident reports that typically involve
description of events relating to a problem followed by those pertaining
to the solution that was tried. Segmenting such documents
into the component two parts would render them usable in knowledge
reuse frameworks such as Case-Based Reasoning. This segmentation
problem presents a hard case for traditional text segmentation
due to the lexical inter-relatedness of the segments. We develop
a two-part segmentation technique that can harness a corpus
of similar documents to model the behavior of the two segments
and their inter-relatedness using language models and translation
models respectively. In particular, we use separate language models
for the problem and solution segment types, whereas the interrelatedness
between segment types is modeled using an IBM Model
1 translation model. We model documents as being generated starting
from the problem part that comprises of words sampled from
the problem language model, followed by the solution part whose
words are sampled either from the solution language model or from
a translation model conditioned on the words already chosen in the
problem part. We show, through an extensive set of experiments on
real-world data, that our approach outperforms the state-of-the-art
text segmentation algorithms in the accuracy of segmentation, and
that such improved accuracy translates well to improved usability
in Case-based Reasoning systems. We also analyze the robustness
of our technique to varying amounts and types of noise and empirically
illustrate that our technique is quite noise tolerant, and
degrades gracefully with increasing amounts of noise

Revisiting intersectionality for EU Anti-Discrimination Law in an economic crisis –a critical legal studies perspective

This article discusses the role of EU anti-discrimination law in challenging EU anti-crisis measures from a critical legal studies perspective. Critical legal scholarship is defined through its challenge of ‘lex’ through the vision of ‘ius’ and its critical links with social movements. EU anti-discrimination law attracts critique for constituting a compartmentalised socio-legal field, which prevents justice for those at intersections of inequalities. By defining as the aim of anti-discrimination law the combat of disadvantage resulting from ascribed otherness around the nodes sex/gender, race/ethnicity, and disability, the article suggests a convincing normative vision suitable to de-compartmentalise the field and adequately address intersectionality. This critical legal perspective on intersectionality differs from its sociological counterparts by omitting class as a category. The article demonstrates that this distinction is necessary for EU anti-discrimination law to maintain its critical edge.

Contribuição para o estudo das tipologias documentais na administração municipal portuguesa: a Câmara Municipal de Portalegre

O presente trabalho desenvolve-se em duas partes, a teórica e a prática. Resultando na introdução aos temas da diplomática contemporânea como metodologia para analisar os documentos de um arquivo concreto (a autarquia de Portalegre). Perspectivou-se a metodologia consubstanciada numa abordagem ascendente (Bottom up) sem, no entanto, esquecer o trabalho antecedente que preparou o terreno para a aplicação do método diplomático. Esse trabalho assentou numa consistente caracterização da organização em todos os seus parâmetros, orgânico, funcional, regional, legal, social, documental, que permitiu com segurança o preenchimento das fichas de recolha dos documentos escolhidos. A parte prática revela a aplicação da análise diplomática e sintetiza a sua utilidade nas conclusões e propostas de melhoria nas funções arquivísticas, de classificação e comunicação. Aflorou-se levemente a questão do manual de procedimentos, como subproduto deste tipo de análise, que pode verdadeiramente funcionar como elo de ligação entre o arquivo e a organização. ABSTRACT: This paper develops in two parts, theory and practice. Introduces the theme contemporary diplomatic as a method to analyze the documents for a specific archive (The municipality of Portalegre). Prospect of the methodology reflected in a bottom-up approach, without forgetting the previous work, which paved the way for the application of diplomatic methods. It was based on a consistent characterization of the organization in all of its parameters: organic, functional, regional, legal, social, documentary, allowing safe completion of the characterization form of the chosen documents. A practical application of diplomatic analysis reveals and summarizes the usefulness of the findings and proposals for improvement in archival functions - classification and communication. It was touched lightly the issue of the procedures manual, as a byproduct of this type of analysis, that can truly function as a link between the archive and the organization