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Third Parties (third + party)

Distribution by Scientific Domains

Law and Criminology	24%
Business, Economics, Finance and Accounting	21%
Humanities and Social Sciences	18%
Medical Sciences	12%
Life Sciences	9%
Psychology	6%
Information Science and Computing	3%
3 Other Domains	7%

Selected Abstracts

A Birthday Present for Lord Denning: The Contracts (Rights of Third Parties) Act 1999

THE MODERN LAW REVIEW, Issue 5 2000
Catharine MacMillan
First page of article [source]

How Lay Third Parties Weigh Legitimacy and Sanctions in a Side-Taking Dilemma: A Study among Chinese and Dutch Employees

APPLIED PSYCHOLOGY, Issue 2 2009
Huadong Yang
Lay third parties sometimes react to an interpersonal dispute by taking sides. In this paper, we investigate the interaction effects of lay third parties' moral and expedient orientations on the relationship between perceived legitimacy (or expected negative sanctions) and their intention of side-taking with a legitimacy party (or a sanction party). Seventy-nine Chinese and 77 Dutch employees were presented with a scenario describing a conflict dilemma between one party who has more legitimacy claims but less negative sanctions and the other party who has less legitimacy claims but more negative sanctions. The results showed that moral orientation by itself has a reinforcing effect on the positive link between perceived legitimacy and siding with a legitimacy party. In addition, in both countries, the relationship between expected negative sanctions and side-taking with a sanction party was moderated by a joint effect of the moral and the expedient orientations. That is, for lay third parties with a weakly moral orientation and a strongly expedient orientation, an increase in negative sanctions led to more side-taking with a sanction party. For those lay third parties who were weakly moral and weakly expedient oriented, strongly moral and strongly expedient oriented, or strongly moral and weakly expedient oriented, the above-mentioned link was not positive any more. Confrontés à un conflit interpersonnel, les tiers non concernés réagissent parfois en prenant parti. Dans cet article, nous étudions les effets d'interaction des orientations morales et opportunistes de tiers non impliqués sur la relation entre la légitimé perçue ou les sanctions négatives attendues et leur intention de se ranger aux côtés d'un groupe légitime ou d'un groupe puissant. On a présentéà 79 salariés chinois et 77 salariés néerlandais un scénario décrivant un dilemme conflictuel entre un groupe qui disposait de plus de légitimité, mais de sanctions négatives moindres et un autre groupe qui disposait de moins de légitimité, mais de sanctions négatives plus fortes. Les résultats montrent que l'orientation morale exerce par elle-même un renforcement sur la liaison positive entre la légitimité perçue et le fait de se ranger aux côtés d'un groupe bénéficiant de la légitimité. De plus, dans les deux pays, la relation entre les sanctions négatives attendues et le fait de choisir le groupe puissant était régulé par un effet conjugué des orientations morales et opportunistes. Ce qui signifie que pour des tiers pourvus d'une orientation morale déficiente et d'un grand opportunisme, une augmentation des sanctions négatives incite à prendre plutôt parti pour le groupe puissant. La relation ci-dessus mentionnée n'est nullement positive pour les tiers à la morale et à l'opportunisme faibles, à la morale et à l'opportunisme forts, ou à la morale forte et à l'opportunisme faible. [source]

Third party challenges to the courts' treatment of offenders

LEGAL STUDIES, Issue 3 2008
Jeremy Horder
I will argue that , as an exception to the general rule adopted in England and Wales , third parties, including victims, should in some circumstances be permitted to bring proceedings for (inter alia) judicial review of sentences, and other measures, imposed on offenders. Such proceedings should not be ruled out when parts of sentences, or other orders, are meant to affect the interests of individual third parties themselves, and the prosecution cannot reasonably be expected to be solely responsible for protecting those interests. However, I will also conclude that, from a public law perspective, there is a preferable solution. Third parties who may be adversely affected by sentences or orders imposed on offenders should sometimes be given a limited degree of involvement in the process leading up to the imposition of those sentences or orders. Recent legislation takes us some way towards this goal. [source]

The Internal Israeli Conflict: The Past, Present, and Future of the Jewish West Bank and Gaza Settlements

NEGOTIATION JOURNAL, Issue 2 2005
Robert Mnookin
On October 14 and 15, 2004, just days before the Israeli government submitted to the Knesset a draft legislation to authorize the evacuation of Jewish settlers from Gaza Strip and some settlements on the West Bank, a two-day conference titled "Past, Present, and Future of the Jewish West Bank and Gaza Settlements: The Internal Israeli Conflict" was held at Harvard Law School. The conference was sponsored by the Program on Negotiation at Harvard Law School, the Saltman Center for Conflict Resolution of the University of Nevada, Las Vegas, and the United States Institute of Peace. This interdisciplinary conference's six panels, whose proceedings are summarized in the series of articles that follow, explored the religious, ideological, psychological, political, legal, and international dimensions of the conflict. Presenters included former and current Israeli and American government officials, experts on resettlement policies and compensation mechanisms, and scholars from a variety of disciplines. While presentation topics covered a range of issues relating to the settlements, three broad themes arose from the conference. First, participants agreed that it is important, if not fundamental, to understand the perspectives of the national religious settlers who are the driving force behind the settlement movement. Exploring the settlers' diverse interests, fears, and identities is necessary in order to see why relocation is so threatening to them. The Israeli government can lessen opposition to withdrawal by showing the settlers empathy and reassurance, but only if government officials first achieve a true understanding of the settlers' concerns. Participants also argued that a reframing of the relocation in ideological terms could be another critical component of a solution to this problem. It may be necessary for the leaders of the settlement movement to develop a new narrative or modify the existing one in order to legitimize their relocation. Part of this narrative will involve the concept of "a greater good", the government must reassure the settlers that their sacrifice is for a higher cause. Several participants noted that Israel needs to show the settlers "tough love." When the relocations begin, many expect that there will be violence and that disturbing images will be broadcast throughout Israel and around the world. Internal disruption could put the government led by Prime Minister Ariel Sharon and his Likud party coalition in jeopardy. The government must not waver in the face of this crisis, conference participants argued. In fact, the threat of violent and disruptive resistance by settlers and their allies can be part of the solution, not just the problem. The government and relocation supporters can use this extremism to justify decisive measures and to redefine the problem for the broader population to convince them that the stability of the country is at stake. Another major conclusion of conference participants was that, while the Israeli settlement issue has unique features, there is much to be learned from comparative analysis. Other countries have dealt with settlement situations, and their experiences offer invaluable lessons. In particular, participants contrasted Israel's settlements in Gaza and the West Bank with French settlements in Algeria and English settlements in Ireland. Some pointed to the French withdrawal from Algeria, which was politically painful but ultimately successful, as an example of "tough love" that Israel should follow. Finally, the involvement of third parties to help solve this conflict is indispensable. Participants noted that while much of Israel feels alienated from the European Union and the United Nations, the Israeli government is highly sensitive to the concerns of the United States, as evidenced by Sharon's decision to show the Gaza withdrawal plan to the U.S. government before he had even raised it with his cabinet and the Israeli parliament, the Knesset. International participation could help legitimize withdrawal and reduce Israeli responsibility for Gaza's future. Third parties can apply political pressure to encourage an accountable and responsible Palestinian leadership. They may also be called upon to provide some sort of financial aid. The participants acknowledged the complexity of the settlement problem and recognized that easy solutions do not exist. Yet, if the Israeli government works toward understanding the settlers' perspectives, learns from comparative analysis, and involves third parties appropriately, the likelihood of a successful outcome increases greatly. [source]

Bridging the theory-and-practice gap: Mediator power in practice

CONFLICT RESOLUTION QUARTERLY, Issue 4 2009
Arghavan Gerami
Although mediators are assumed to be neutral third parties, effective fulfillment of their role involves exercising a significant amount of authority and power. Mediators employ a range of approaches, orientations, and strategies. This article reviews some of the scholarship in this area. It then examines the various dimensions of mediator power, looking specifically at (1) the nature of mediator power and (2) its exercise of power through knowledge and expertise, through designing and controlling the process through reframing, and through imposing pressure to settle. Finally, the article discusses "ethical mediation" in light of mediator power. [source]

POLICE INTERVENTION AND THE REPEAT OF DOMESTIC ASSAULT

CRIMINOLOGY, Issue 3 2005
RICHARD B. FELSON
We use the National Crime Victimization Survey to examine whether domestic violence is less likely to be repeated if it is reported to the police and if the offender is arrested. Our longitudinal analyses suggest that reporting has a fairly strong deterrent effect, whereas the effect of arrest is small and statistically insignificant. We find no support for the hypothesis that offenders retaliate when victims (rather than third parties) call the police or when victims sign complaints. We also find no evidence that the effects of reporting or arrest depend on the seriousness of the offense, a history of violence by the offender or sociodemographic characteristics. Our results suggest that the best policies for deterrence will be those that encourage victims and third parties to report violence by intimate partners to the police. [source]

"I WANT MY MOMMIES": THE CRY FOR MINI-DOMAS TO RECOGNIZE THE BEST INTERESTS OF THE CHILDREN OF SAME-SEX COUPLES*

FAMILY COURT REVIEW, Issue 2 2007
Oren Goldhaber
In child custody cases, courts will look to the best interests of a child to maintain visitation/custody rights only with the child's biological parent, not third parties. However, with a same-sex couple, it is inevitable that one parent will not be the biological parent. Thus, when that parent is in a mini-DOMA state, where same-sex couples from non-mini-DOMA states do not have to be recognized, that parent will be viewed as a third party and lose all visitation/custody rights if the couple separates. This note advocates that mini-DOMAs allow both the biological and nonbiological parents of a same-sex couple to have visitation/custody rights of their children if it would be in the best interest of the children to do so. [source]

Quality safeguards and regulation of online pharmacies

HEALTH ECONOMICS, Issue 4 2004
Benito ArruñadaArticle first published online: 25 JUN 200
Abstract Using econometric evidence, this article confirms that distribution of medicines online is split into two market segments of very diverse quality, and identifies the factors that drive quality and quality assurance in this activity. Unlike fraudulent, ,rogue,' websites, which offer scant guarantees and usually sell just a few medicines without prescription, online pharmacies offering insurance coverage and linked to conventional pharmacies typically sell a whole range of drugs, require third-party medical prescriptions and provide abundant information to patients. It is shown that, where online pharmacies are allowed to act legally, market forces enhance quality, as private insurers require professional standards, and specialized third parties make a business of certifying them. Furthermore, older online pharmacies and those running conventional operations offer higher quality, probably because of reputational investments. Overall, this evidence supports licensing online pharmacies, especially considering that prohibiting them is ineffective against fraudulent sites. Copyright © 2003 John Wiley & Sons, Ltd. [source]

Networking and innovation: a systematic review of the evidence

INTERNATIONAL JOURNAL OF MANAGEMENT REVIEWS, Issue 3-4 2004
Luke Pittaway
Recent work on competitiveness has emphasized the importance of business networking for innovativeness. Until recently, insights into the dynamics of this relationship have been fragmented. This paper presents a systematic review of research linking the networking behaviour of firms with their innovative capacity. We find that the principal benefits of networking as identified in the literature include: risk sharing; obtaining access to new markets and technologies; speeding products to market; pooling complementary skills; safeguarding property rights when complete or contingent contracts are not possible; and acting as a key vehicle for obtaining access to external knowledge. The evidence also illustrates that those firms which do not co-operate and which do not formally or informally exchange knowledge limit their knowledge base long term and ultimately reduce their ability to enter into exchange relationships. At an institutional level, national systems of innovation play an important role in the diffusion of innovations in terms of the way in which they shape networking activity. The paper provides evidence suggesting that network relationships with suppliers, customers and intermediaries such as professional and trade associations are important factors affecting innovation performance and productivity. Where networks fail, it is due to inter-firm conflict, displacement, lack of scale, external disruption and lack of infrastructure. The review identifies several gaps in the literature that need to be filled. For instance, there is a need for further exploration of the relationship between networking and different forms of innovation, such as process and organisational innovation. Similarly, we need better understanding of network dynamics and network configurations, as well as the role of third parties such as professional and trade associations. Our study highlights the need for interdisciplinary research in these areas. [source]

Scalable and lightweight key distribution for secure group communications

INTERNATIONAL JOURNAL OF NETWORK MANAGEMENT, Issue 3 2004
Fu-Yuan Lee
Securing group communications in dynamic and large-scale groups is more complex than securing one-to-one communications due to the inherent scalability issue of group key management. In particular, cost for key establishment and key renewing is usually relevant to the group size and subsequently becomes a performance bottleneck in achieving scalability. To address this problem, this paper proposes a new approach that features decoupling of group size and computation cost for group key management. By using a hierarchical key distribution architecture and load sharing, the load of key management can be shared by a cluster of third parties without revealing group messages to them. The proposed scheme provides better scalability because the cost for key management of each component is independent of the group size. Specifically, our scheme incurs constant computation and communication overheads for key renewing. In this paper, we present the detailed design of the proposed scheme and performance comparisons with other schemes. Briefly, our scheme provides better scalability than existing group key distribution approaches.,Copyright © 2004 John Wiley & Sons, Ltd. [source]

Principal-Agent Problems in Humanitarian Intervention: Moral Hazards, Adverse Selection, and the Commitment Dilemma

INTERNATIONAL STUDIES QUARTERLY, Issue 4 2009
Robert W. Rauchhaus
A number of recent studies have concluded that humanitarian intervention can produce unintended consequences that reduce or completely undermine conflict management efforts. Some analysts have argued that the incentive structure produced by third parties is a form of moral hazard. This paper evaluates the utility of moral hazard theory and a second type of principal-agent problem known as adverse selection. Whereas moral hazards occur when an insured party has an opportunity to take hidden action once a contract is in effect, adverse selection is the result of asymmetric information prior to entering into a contract. Failing to distinguish between these two types of principal-agent problems may lead to policy advice that is irrelevant or potentially harmful. Along with introducing the concept of adverse selection to the debate on humanitarian intervention, this study identifies a commitment dilemma that explains why third parties operating in weakly institutionalized environments may be unable to punish groups that take advantage of intervention. [source]

Going in When it Counts: Military Intervention and the Outcome of Civil Conflicts,

INTERNATIONAL STUDIES QUARTERLY, Issue 4 2008
Stephen E. Gent
Conventional wisdom suggests that biased military interventions in civil conflicts should increase the probability that the supported side will win. However, while this is the case for rebel groups, the same is not true for governments. The explanation for this surprising finding becomes clear once one considers the decision of a third-party intervener. Since interveners want to impact the outcomes of civil conflict, government- and rebel-biased interventions will be more likely when the government is facing a stronger rebel group. Given that government-biased third parties intervene in the ,,toughest'' cases, empirically they appear to be less effective than rebel-biased interveners. [source]

Explaining the Enforcement of Democracy by Regional Organizations: Comparing EU, Mercosur and SADC

JCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 3 2010
ANNA VAN DER VLEUTEN
Regional organizations sometimes intervene to preserve democracy in one of their Member States. When a regional organization has developed a democratic identity, non-intervention in case of violation of democratic principles would damage its credibility domestically and internationally. Nonetheless, violations of democratic principles sometimes go unsanctioned. Building on case studies of (non-)interventions by the EU, Mercosur and SADC, we show that the ideational costs of pressure by third parties and the interests of the regional leading powers can explain the enforcement of democracy by regional organizations. Third party pressure remains ineffective, however, when there is a clash between regional identities. [source]

Email Copies in Workplace Interaction

JOURNAL OF COMPUTER-MEDIATED COMMUNICATION, Issue 1 2006
Karianne Skovholt
This study examines how employees in a distributed work group use email copies in networks of collaboration. It studies the audience design of messages with multiple recipients, analyzing explicit and implicit addressing devices used to appoint recipients as primary and secondary participants in the interaction. Copying in recipients serves to share knowledge of ongoing projects and to build up a common information pool. Furthermore, it is used to facilitate multi-party interaction and to build personal identity and alliances. Copies to third parties may also be used for reasons of social control, for instance in order to gain compliance or to put pressure on the addressee to conform to social norms of conduct. [source]

Implications of Executive Hedge Markets for Firm Value Maximization

JOURNAL OF ECONOMICS & MANAGEMENT STRATEGY, Issue 2 2007
açhan Çelen
This paper analyzes the incentive implications of executive hedge markets. The manager can promise the return from his shares to third parties in exchange for a fixed payment,swap contracts,and/or he can trade a customized security correlated with his firm-specific risk. The customized security improves incentives by diversifying the manager's firm-specific risk. However, unless they are exclusive, swap contracts lead to a complete unraveling of incentives. When security customization is sufficiently high, the manager only trades the customized security,but not any nonexclusive swap contracts, and incentives improve. Access to highly customized hedge securities and/or exclusive swap contracts increases the manager's pay-performance sensitivity. [source]

Perineal-Vaginal Injuries in Children: Accident or Abuse?

JOURNAL OF FORENSIC SCIENCES, Issue 4 2010
Claudia Liuzzi M.D.
Abstract:, A large number of conditions have been mistaken for abuse. Differentiating accidental injuries from inflicted injuries is important in the management of injured children. In this work, the authors describe two cases of accidental perineal-vaginal injury in children. In case 1, a 4-year-old girl suffered a vaginal tear caused by violent stretching during play; in case 2, a 3-year-old girl had minor lacerations of labia minora and majora. The intervention of a multi-specialist team including a forensic pathologist and forensic psychiatrist was the key factor in being able to exclude abuse by third parties in the described cases.. This leads to the appropriate recommendations to be adopted in the forensic medicine setting. [source]

Victims' Rights in Criminal Trials: Prospects for Participation

JOURNAL OF LAW AND SOCIETY, Issue 2 2005
Jonathan Doak
Victims in common law jurisdictions have traditionally been unable to participate in criminal trials for a number of structural and normative reasons. They are widely perceived as ,private parties' whose role should be confined to that of witnesses, and participatory rights for such third parties are rejected as a threat to the objective and public nature of the criminal justice system. However, recent years have witnessed both a major shift in attitude in relation to the role of victims within the criminal justice system and a breakdown in the public/ private divide in criminal justice discourse. This article considers the standing of the victim within the criminal trial against the backdrop of such changes, and examines the arguments for a more radical course of reform that would allow victims to participate actively in criminal hearings as they are able to do in many European jurisdictions. [source]

A conscious-authentic leadership approach in the workplace: Leading from within

JOURNAL OF LEADERSHIP STUDIES, Issue 1 2008
Robert E. Hofman Jr.
This study combines components of the relatively nascent concepts of conscious leadership and authentic leadership. It is a synopsis of a recent empirical study comparing two groups of companies and their respective CEOs. Each group is comprised of three companies. Group I is led by CEOs who use a conscious-authentic leadership approach in the workplace. They infuse their personal values, beliefs, and relational leadership behavior into the policies, practices, and employee programs within their respective organizations to achieve specific organizational outcomes. Group II CEOs do not use this leadership approach. The companies selected for study were categorized by disinterested third parties in the business community. This study explores the perceptions of the employees of both groups and the impact of the conscious-authentic leadership model on organizational behavior and specific organizational outcomes in the workplace. The organizational outcomes tested in this study are voluntary employee-withdrawal behavior and absenteeism during the period 2003,2005. An employee questionnaire was administered to the employees of both groups to measure organizational behavior. The same questionnaire was administered to the CEOs to determine their level of self-awareness and their sense of the reality of the human condition within their respective organization. A separate leadership questionnaire was administered to the CEOs for a self-assessment of personal attributes and leadership style. The findings provide a working definition of conscious-authentic leadership behavior and a working model of the components of this approach as implemented by Group I CEOs in the workplace. [source]

Arapaho Imperatives: Indirectness, Politeness and Communal "Face"

JOURNAL OF LINGUISTIC ANTHROPOLOGY, Issue 1 2007
Andrew Cowell
This article first provides a description of the imperative verb order in Arapaho, which has never been fully described. It then examines the use of indirect imperatives in particular, which grammaticalize the roles of third parties, as well as speakers and addressees. Close attention is paid to the interplay between prototypical reference-world situations, questions of socially-determined authority and relationships, and the issue of deference and politeness more generally. This discussion is placed in the context of Arapaho society, where traditional ceremonial roles, stereotyped kinship relationships, and an age-graded hierarchy remain important among older Arapaho speakers. The article concludes with a consideration of the concept of communal "face" as a revision to excessively individualistic analyses of politeness. [source]

This article has been retracted: The search for the discipline of nursing

JOURNAL OF NURSING MANAGEMENT, Issue 4 2010
IAIN W. GRAHAM PhD
Retraction The following article from Journal of Nursing Management, ,The search for the discipline of nursing' by Iain W. Graham, published online on May 23rd 2010 in Wiley InterScience (http://www.interscience.wiley.com), has been retracted by agreement between the author, the journal Editor-in-Chief, Melanie Jasper, and Blackwell Publishing Ltd. The retraction has been agreed due to overlap with other previously published material written by third parties. [source]

The psychological contract and the transition from full to part-time police work

JOURNAL OF ORGANIZATIONAL BEHAVIOR, Issue 1 2006
Penny Dick
The cognitive-perceptual conceptualisation of the psychological contract has dominated research in this field. In this paper, it is argued that locating the psychological contract at the level of the individual-organisational relationship can offer rich insights into psychological contract dynamics. Using qualitative interview data from a research study exploring how managers and part-timers deal with the transition from full to part-time police work in the UK, it is argued that a multi-perspective conceptualisation of the sources of the psychological contract is critical for understanding processes that lead to non-mutuality of understandings. Specifically, it is argued that the institutional and organisational context, embedded in the actions of third parties and in management practices, can undermine the extent to which the manager and the employee can reach agreement about mutual obligations. The theoretical and policy implications of this position are developed. Copyright © 2006 John Wiley & Sons, Ltd. [source]

The Creation of Equals

JOURNAL OF PHILOSOPHY OF EDUCATION, Issue 4 2009
STEPHEN BURWOOD
Karl Jaspers argued that academics must be prepared to accept, perhaps even to welcome, the fact that most students ,will learn next to nothing' from a university education. In this paper I shall argue that, while Jaspers' model is unpersuasive as an ideal and inaccurate as a description, there is an uncomfortable truth lurking behind his forthright but gloomy conclusion; viz., that university teaching pays little direct attention to the needs of the student in the wider world (i.e. to the needs of the student qua employee or qua citizen or even qua rounded human being) and pays even less attention, or perhaps none at all, to the needs and expectations of third parties such as employers. In terms of the political context universities now find themselves in, this is an uncomfortable and embarrassing truth for faculty to admit, for it appears to epitomise a self-regarding and inward looking academy. Yet, despite this, perhaps it is a truth that academics should be prepared to accept, even to welcome. At least, in starting any serious discussion on the nature of a university education, it should be a truth we are prepared to admit. [source]

Emergent maintenance of ERP: new roles and relationships

JOURNAL OF SOFTWARE MAINTENANCE AND EVOLUTION: RESEARCH AND PRACTICE, Issue 6 2001
Sabine Gabriele Hirt
Abstract How a firm supports its enterprise resource planning system after putting it into production, when its maintenance may be said to be emergent, is critical to the benefits it will eventually derive. Here we report a longitudinal case study of one firm's emergent maintenance of its SAP R/3 system. The study reveals that maintenance-related roles and relationships differ substantively from those typical of traditional maintenance. We view this firm's maintenance practices to be a harbinger of broader and longer-term change in maintaining application portfolios. We suggest that the roles and relationships involved are likely to be more complex and therefore more varied in organizational form. In particular, we anticipate: (1) greater sharing of the maintenance task among more participants, with the firm's users often assuming the lead, supported by vendors and third parties; (2) the IS department often playing a more limited, but still key role in providing a portfolio's ongoing support services; and (3) a contingency approach to maintenance, the best approach being a function of specific organizational and systems circumstances. Copyright © 2001 John Wiley & Sons, Ltd. [source]

The Purchasing and Control of Supplementary Third-Party Logistics Services

JOURNAL OF SUPPLY CHAIN MANAGEMENT, Issue 4 2000
Remko I. van Hoek
SUMMARY Mass customization poses a challenge to the development of competitive supply chains. Third-party logistics service providers are targeting customizing operations to supplement their transport and warehousing services. Their expansion is driven by strategies for adding value and upgrading customer relations. This article assesses the development of these relations by presenting the results of a survey conducted among service providers. The assessment covers the nature of the purchasing policy and governance structure applied in this particular type of interfirm relations, including the type of services, contracts, frequency, level, and content of coordination and communication among parties in the chain. It was found that the new transactional context does not represent a market environment in which third parties can escape traditional arm's-length fixed contracts. It was also found that supplementary customizing services are not often applied. Recommendations are made about purchasing these services and about initiatives for third parties to start expanding their competence within the governance structure. [source]

Policing By Command: Enhancing Law Enforcement Capacity Through Coercion

LAW & POLICY, Issue 4 2006
JULIE AYLING
This article addresses the numerous ways command or coercion is used by the state to enhance law enforcement, ways that involve creative interactions with both the targets of law enforcement and third parties. Coercive measures encompass both mandatory reporting and mandatory action. Examples are given and the benefits of using coercion in such circumstances discussed. However, coercion may also have unintended consequences and impose unreasonable costs. With these effects in mind, the authors suggest a set of guidelines for evaluating the appropriateness of coercive measures. [source]

Third-Party Policing and Insurance: The Case of Market-Based Crime Prevention

LAW & POLICY, Issue 1 2000
Sharyn Roach Anleu
This paper examines a relatively new trend: market-based crime prevention. The insurance firm is an exemplary agent of this new type of crime prevention. Although the traditional focus of insurance has been on losses sustained after a crime or other catastrophe, we explore the shift from reactive to proactive crime management by the insurance industry. This trend is part of a more general decentralization of policing, from state-controlled agents to community- and market-based third parties. New ideologies support these shifts, including an actuarial logic about crime and a view of the prudent person. [source]

Third party challenges to the courts' treatment of offenders

Consenting to bio-risk: xenotransplantation and the law

LEGAL STUDIES, Issue 3 2005
Barrister, Sara Fovargue LLB
Research into alternative sources of organs for transplantation, including the use of organs from non-human genetically engineered animals, has occurred since the introduction of allotransplantation in the 1960s. Xenotransplantation is different from other developing genetic technologies because whilst the potential benefit is to the individual, the possible risks are to society as a whole. The risks include the transmission of unknown and currently indeterminable infectious diseases. This article explores whether the current regulator framework is able to address this issue and, in particular, whether,first-party'consent to involvement in a clinical trial is a sufficient to protect third parties from harm. The competence of a xeno-recipient to consent is also considered, and it is suggested that, at the very least, public debate and participation in deciding whether clinical trials should be permitted must occur, because by allowing xenotransplant trials to help an individual, the risks will be borne by all. [source]

Character merchandising: aspects of legal protection

LEGAL STUDIES, Issue 2 2001
Andrew McGee
The article considers the present state of the law of character merchandising. It questions whether the law relating to character merchandising should be further developed and extended so as to give an individual a comprehensive right to prevent the unauthorised use of aspects of his personality by third parties in connection with the promotion or sale of goods or services. In this context the article rejects the creation of new comprehensive remedies such as a tort of appropriation of personality as being undesirable and impractical. The article maintains that unauthorised acts of personality appropriation or use are already subject to adequate legal control through the law of trade marks and passing 08In this regard the article further suggests that tortious remedies such as defamation, malicious falsehood, and, in restricted circumstances copyright, provide effective sanctions against the unauthorised use of an individual's persona in commercial enterprises in particular and special circumstances. These remedies supplement and complement the principal remedies provided by trade mark protection and passing off. [source]