Browsing Derby Law School by Title
Now showing items 146-157 of 157
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U.S. franchise regulation as a paradigm for the European UnionThe protection afforded to franchisees differs widely across the world. Nations with economically strong franchise sectors typically regulate the contract’s bargaining phase and post-formation. Sparked by the European Parliament’s call to review regulations governing Europe’s underperforming retail franchise sector, we propose reforms to counter the structural and economic inequality between franchise parties. Drawing on lessons from comparatively successful federal frameworks, we present a regulatory trifecta of mandatory disclosures to prospective franchisees, required express or implied contractual obligations and rights for both franchisors and franchisees, and compulsory adherence to certain protections of franchisees throughout the franchise relationship.
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Voles don't take taxisJohnson’s paper advances understanding of sequences of burglaries committed by thesame offender. Furthermore, it has heuristic value in suggesting new avenues for applicable research. Each of the current data shortcomings represents an opportunity for novel research approaches, and the optimum forager metaphor holds continuing appeal as an organizing principle helpful to operational policing.
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Was Quashing the Maji-Maji Uprising Genocide? An Evaluation of Germany’s Conduct through the Lens of International Criminal LawRecently, political actors in Tanzania have demanded compensation from Germany for colonial atrocities against various ethnic and religious groups during the Maji-Maji uprising (1905–1907). By analyzing first-hand archival records from Germany and Tanzania, this article examines whether German actions constitute genocide according to the Genocide Convention or the International Criminal Tribunals’ jurisprudence. The authors find strong evidence to support a claim of genocide, and assess the viability of potential compensation claims against Germany; they conclude, however, that such claims would meet significant obstacles due to the concept of state immunity for sovereign actions under international customary law, as well as case law of the International Court of Justice.
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What can we do to prevent a repeat of Paris in the UK?In the wake of the Paris terrorist attack, questions have been asked as to what we can d to prevent a repeat of this attack in the United Kingdom. This article offers some thoughts on this issue. The article recognises the enormity of the challenges facing the world's nations and society at large in the early 21st century as we witness the rise of violent extremism with groups such as Al Qaeda and Islamic State of Iraq and the Levant (ISIL) in the Middle East, the Boko Haram in West Africa and Al Shabaab in East Africa striking civilian targets indiscriminately and with a frightening degree of impunity. The paper argues for a rethink of our prevent strategies and suggests ways in which we could prevent similar attack in the UK.
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Whatever happened to repeat victimisation?Crime is concentrated at the individual level (hot dots) as well as at area level (hot spots). Research on repeat victimisation affords rich prevention opportunities but has been increasingly marginalised by policy makers and implementers despite repeat victims accounting for increasing proportions of total crime. The present paper seeks to trigger a resurgence of interest in research and initiatives based on the prevention of repeat victimisation.
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Witnesses’ verbal evaluation of certainty and uncertainty during investigative interviews: Relationship with report accuracyThe Enhanced Cognitive Interview (CI) is a widely studied method to gather informative and accurate testimonies. Nevertheless, witnesses still commit errors and it can be very valuable to determine which statements are more likely to be accurate or inaccurate. This study examined whether qualitative confidence judgments could be used to evaluate report accuracy in a time-saving manner. Forty-four participants watched a mock robbery video and were interviewed 48 h later with a revised CI. Participants’ recall was categorized as follows: (1) evaluated with very high confidence (certainties), (2) recalled with low-confidence utterances (uncertainties), or (3) recalled with no confidence markers (regular recall). Certainties were more accurate than uncertainties and regular recall. Uncertainties were less accurate than regular recall; thus, its exclusion raised participants’ report accuracy. Witnesses were capable of qualitatively distinguishing between highly reliable information, fairly reliable information, and less reliable information in a time-saving way. Such a distinction can be important for investigative professionals who do not know what happened during the crime and may want to estimate which information is more likely to be correct.
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The wrong harvest: The law on saviour siblingsThe momentous case of Quintavalle supported the creation of saviour siblings in English law. The House of Lords confirmed that embryos can be selected for social purposes according to the desires of the mother. This article discusses the implications of that decision for the welfare of saviour siblings and argues that harvesting of young saviour siblings is difficult to justify under the current fragmentary law.
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Y v A Healthcare Trust and the Mental Capacity Act 2005: taking gamete retrieval to the bankComments on the application in Y v A Healthcare NHS Trust (CP) of the best interests test set out in the Mental Capacity Act 2005 s.4 to the retrieval of sperm from a man suspected of being brainstem dead, and the approach to consent to storage and use in fertility treatment by his wife. Questions whether a construction of best interests which extends to potential wishes is appropriate in the strictly regulated context of assisted conception.