15. Deportation

2018 ◽  
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt ◽  
Helena Wray
Keyword(s):  
National Security ◽  
Public Good ◽  
Case Law ◽  
Decision Makers ◽  
The Public ◽  
History Of ◽  
The Law ◽  
The Uk

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter gives a brief history of the power of deportation. It then discusses in some detail the application of the ground that the deportation is conducive to the public good. This includes discussion of so-called automatic deportation under the UK Borders Act 2007, and of national security cases. The chapter also covers the Immigration Act 2014 provisions relating to deportation, including compulsory considerations for decision-makers and the power to ‘deport first appeal later’. The new case law on these provisions is also covered.

15. Deportation

2021 ◽  
pp. 560-580
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt
Keyword(s):  
National Security ◽  
Public Good ◽  
The Public ◽  
History Of ◽  
The Uk

This chapter gives a brief history of the power of deportation. It then discusses in some detail the application of the ground that the deportation is conducive to the public good. This includes discussion of so-called automatic deportation under the UK Borders Act 2007, and of national security cases. The chapter also covers the Immigration Act 2014 provisions relating to deportation.

Electronic Surveillance for the Public Good

2007 ◽  
pp. 100-113
Author(s):  
Liz Lee-Kelley ◽  
Ailsa Kolsaker
Keyword(s):  
Public Good ◽  
Central Government ◽  
Electronic Surveillance ◽  
The Public ◽  
Surveillance Technology ◽  
Self Interest ◽  
The Law ◽  
The Government ◽  
The Uk ◽  
The Relationship

The central government in the UK is determined to employ new surveillance technology to combat the threat of terrorist activities. This chapter contributes to the important debate on the relationship between citizens and the government, by discussing not whether electronic surveillance should be used, but rather, when it is acceptable to the populace. From our analysis, we conclude that a reconciliation of state-interest and self-interest is critical for the success of e-governance; as such, electronic surveillance’s mission has to be about serving the law-abiding majority and their needs, and its scope and benefits must be clearly understood by the visionaries, implementers and the citizenry.

Electronic Surveillance for the Public Good

2011 ◽  
pp. 2597-2609
Author(s):  
Liz Lee-Kelley ◽  
Ailsa Kolsaker
Keyword(s):  
Public Good ◽  
Central Government ◽  
Electronic Surveillance ◽  
The Public ◽  
Surveillance Technology ◽  
Self Interest ◽  
The Law ◽  
The Government ◽  
The Uk ◽  
The Relationship

The central government in the UK is determined to employ new surveillance technology to combat the threat of terrorist activities. This chapter contributes to the important debate on the relationship between citizens and the government, by discussing not whether electronic surveillance should be used, but rather, when it is acceptable to the populace. From our analysis, we conclude that a reconciliation of state-interest and self-interest is critical for the success of e-governance; as such, electronic surveillance’s mission has to be about serving the law-abiding majority and their needs, and its scope and benefits must be clearly understood by the visionaries, implementers and the citizenry.

Ethnic trust, minority status, and public goods in post-conflict societies

2021 ◽  
pp. 002234332098421
Author(s):  
Sam Whitt
Keyword(s):  
Public Goods ◽  
Public Good ◽  
Intergroup Contact ◽  
Minority Group ◽  
Civil Liberties ◽  
Minority Status ◽  
The Public ◽  
Attitudes And Behaviors ◽  
Post Conflict ◽  
History Of

This study considers how ethnic trust and minority status can impact the ability of ethnic groups to pursue cooperative public goods, focusing on groups with a history of conflict and lingering hostility. A public good experiment between ethnic Albanians and Serbs in postwar Kosovo reveals that subjects contribute far more to a mutually beneficial public good when they are part of an experimentally induced coethnic majority. However, when in the minority, subjects not only underinvest, but many actively divest entirely, privatizing the public good. Majority/minority status also has wide-ranging implications for how individuals relate to real-world public goods and the institutions of government that provide them. Compared to majority Albanians, survey data indicate how minority Serbs in Kosovo express greater safety and security concerns, feel more politically, socially, and economically excluded, are more dissatisfied with civil liberties and human rights protections, and are less likely to participate politically or pay taxes to support public goods. Conflict-related victimization and distrust of out-groups are strong predictors of these minority group attitudes and behaviors. This suggests a mechanism for how conflict amplifies out-group distrust, increasing parochial bias in public good commitments, especially among minorities who are wary of exploitation at the hands of an out-group majority. To restore trust, this study finds that institutional trust and intergroup contact are important to bridging ethnic divides that inhibit public good cooperation.

Medical treatment and best interests: judicial interpretation of values, wishes and beliefs under the Mental Capacity Act 2005

2020 ◽  
Vol 22 (3) ◽  
pp. 165-173
Author(s):  
Owen P. O'Sullivan
Keyword(s):  
Medical Treatment ◽  
Clinical Decision ◽  
Case Law ◽  
Decision Makers ◽  
Best Interests ◽  
Content Type ◽  
The Supreme Court ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
The Uk

Purpose The prominence of the best interests principle in the Mental Capacity Act 2005 represented an important transition to a more resolutely patient-centred model regarding decision-making for incapable adults (“P”). This paper aims to examine the courts’ consideration of P’s values, wishes and beliefs in the context of medical treatment, reflect on whether this has resulted in a wide interpretation of the best interests standard and consider how this impacts clinical decision makers. Design/methodology/approach A particular focus will be on case law from the Court of Protection of England and Wales and the Supreme Court of the UK. Cases have been selected for discussion on the basis of the significance of their judgements for the field, the range of issues they illustrate and the extent of commentary and attention they have received in the literature. They are presented as a narrative review and are non-exhaustive. Findings With respect to values, wishes and beliefs, the best interests standard’s interpretation in the courts has been widely varied. Opposing tensions and thematic conflicts have emerged from this case law and were analysed from the perspective of the clinical decision maker. Originality/value This review illustrates the complexity and gravity of decisions of the clinical decision makers and the courts have considered in the context of best interests determinations for incapacitated adults undergoing medical treatment. Subsequent to the first such case before the Supreme Court of the UK, emerging case law trends relating to capacity legislation are considered.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

scholarly journals London Street Noises: A Ground-Breaking Field Recording Campaign from 1928

Acoustics ◽  
2021 ◽  
Vol 3 (1) ◽  
pp. 118-136
Author(s):  
John L. Drever ◽  
Aysegul Yildirim ◽  
Mattia Cobianchi
Keyword(s):  
Environmental Sound ◽  
Daily Mail ◽  
Recording Technology ◽  
The Public ◽  
Field Recordings ◽  
Field Recording ◽  
Subsequent Discussion ◽  
History Of ◽  
Regulatory Bodies ◽  
The Uk

In a leading article by Sir Percival Philips in the UK popular newspaper, the Daily Mail, July 16, 1928, came the following headlines: “Millions Lost by Noise – Cities’ Worst Plague – Menace to Nerves and Health – What is Being Done to Stop it”. The article was supported by research from Prof Henry J. Spooner, who had been researching and campaigning on the ill-effects of noise and its economic impact. The article sparked subsequent discussion and follow-up articles in the Daily Mail and its international partners. In an era of rapid technological change, that was on the cusp of implementing sound pressure measurements, the Daily Mail, in collaboration with the Columbia Graphophone Company Ltd, experimented with sound recording technology and commentary in the field to help communicate perceived loudness and identify the sources of “unnecessary noise”. This resulted in the making of series of environmental sound recordings from five locations across central London during September 1928, the findings of which were documented and discussed in the Daily Mail at the time, and two recordings commercially released by Columbia on shellac gramophone disc. This was probably the first concerted anti-noise campaign of this type and scale, requiring huge technological efforts. The regulatory bodies and politicians of the time reviewed and improved the policies around urban noise shortly after the presentation of the recordings, which were also broadcast from the BBC both nationally and internationally, and many members of the public congratulated and thanked the Daily Mail for such an initiative. Despite its unpreceded scale and impact, and the recent scholarly attention on the history of anti-noise campaigning, this paper charts and contextualises the Daily Mail’s London Street Noise campaign for the first time. As well as historical research, this data has also been used to start a longitudinal comparative study still underway, returning to make field recordings on the site on the 80th and 90th anniversaries and during the COVID-19 lockdown, and shared on the website londonstreetnoises.co.uk.

Schemes of Arrangement: Law and Practice

2012 ◽  
Author(s):  
Geoff O’Dea ◽  
Julian Long ◽  
Alexandra Smyth
Keyword(s):  
International Law ◽  
Case Law ◽  
Private International Law ◽  
Sources Of Information ◽  
Foreign Companies ◽  
Pros And Cons ◽  
English Law ◽  
The Law ◽  
The Uk

This new guide to schemes of arrangement draws together all of the elements of the law and practice concerning both creditor and member schemes. Member schemes of arrangement have become the preferred method of implementing takeovers in the UK. Creditor schemes of arrangement are increasingly used in restructuring matters and the trend in their usage in foreign companies is likely to continue as many credit documents across Europe are arranged and underwritten in London under English law. The book considers the effect given to an English scheme in foreign jurisdictions, and other Private International Law issues. A major issue for those considering a scheme for creditors is whether a scheme or CVA (Company Voluntary Arrangement) is more appropriate and this book assists the reader by including an analysis of the pros and cons of schemes and CVAs. There are very few sources of information on schemes of arrangement and the area takes much of its substance from case law. This book, addressing the law and practical issues faced by practitioners on a day-to-day basis, is a first in the field.

Product Liability

2020 ◽  
Author(s):  
Fairgrieve Duncan ◽  
Richard Goldberg
Keyword(s):  
Strict Liability ◽  
Product Liability ◽  
Case Law ◽  
The European Union ◽  
Financial Loss ◽  
Liability Law ◽  
The Usa ◽  
The Law ◽  
The Uk ◽  
The Impact

Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.

scholarly journals La biblioteca en el papel

2021 ◽  
Vol 24 (1) ◽  
Author(s):  
Matías Maggio-Ramírez
Keyword(s):  
Public Good ◽  
Buenos Aires ◽  
Public Library ◽  
The Public ◽  
History Of

El objetivo es analizar cómo el texto fundacional y el reglamento de la Biblioteca Pública de Buenos Aires interpelaron a los usuarios y cuál fue la reacción del público una vez que la institución abrió sus puertas. Por lo tanto, se rastreó la tensión entre un paradigma bibliotecológico que apelaba al fomento del saber y al bien público como objetivo institucional y las demandas de los usuarios por el horario restringido de la biblioteca. Se analizaron desde la historia de la cultura impresa las representaciones de la lectura y de la sociabilidad letrada al leer la correspondencia entre Bernardino Rivadavia y Luis José de Chorroarín, el reglamento de la Biblioteca Pública de Buenos Aires y los periódicos porteños. Se concluyó que la negativa en ampliar el horario de atención al público conspiró con el acceso a la biblioteca de los empleados. The objective is to analyze how the founding text and regulations of the Buenos Aires Public Library challenged users and what the public's reaction was once the institution opened its doors. Therefore, we traced the tension between a library paradigm that appealed to the promotion of knowledge and the public good as an institutional objective and the demands of users due to the restricted library hours. From the history of printed culture, the representations of reading and the sociability of the reader when reading the correspondence between Bernardino Rivadavia and Luis José de Chorroarín, the regulations of the Buenos Aires Public Library and the Buenos Aires newspapers were analyzed. It was concluded that the refusal to extend the opening hours to the public conspired with the access to the library of the employees. A fundação da Biblioteca Pública de Buenos Aires em 1810, pelo Primeiro Conselho de Governo, foi um marco no panorama cultural da cidade. A promoção do conhecimento esclarecido em busca do "bem público" e da "felicidade dos povos" foi um ponto crucial na cultura colonial tardia em Buenos Aires. Os leitores enviaram livros de redação como uma doação à Biblioteca, mas nem todos puderam acessá-los. A regulamentação de 1812 foi o surgimento de uma idéia da biblioteca e das práticas culturais a ela ligadas. O objetivo do artigo é investigar, a partir da análise comparativa dos regulamentos da biblioteca, a configuração da biblioteca pública durante o processo revolucionário. O leitor presente no regulamento, ao qual foi concedido acesso, não representava os moradores da cidade, devido ao horário de funcionamento restrito ao público.

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