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Impractical Jokers: Employers' Liability for 'Horseplay'
No full textRecent decisions in the High Court demonstrate a continuing trend of denying liability of employers for injuries to employees caused by the practical jokes or ‘horseplay’ of fellow workers. This article reviews the approach of the law to such claims both as a matter of vicarious liability and as a matter of employers’ primary liability. The author suggests that the ‘close connection’ test has been applied in an unnecessarily restrictive formulation regarding such claims and that despite seeming retrenchment by the Supreme Court in the wider area of vicarious liability, there is still scope for a broader approach to horseplay claims
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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The Rights of the Living Dead
No full textA short story which follows a number of actors in the justice system in an alternate England a number of years after a zombie apocalypse. In the world of the story, the original zombie outbreak conformed to classic tropes of widespread death and destruction, with humans and zombies alike dying in considerable numbers. However, as months went by after the initial outbreak, increasingly it was realised that the undead had retained an element of intelligence and sentience. Now, ten years after the initial outbreak, zombies are begrudgingly accepted as part of society although considered by many to be less than human. The story explores issues of speciesism and how the legal system reacts (or fails to react) to “others”. It questions whether the inhuman or non-human should be considered a legal subject or merely subject to the law. The story is inspired by both my love of genre fiction and academic research I have been undertaking into the legal personality of animals and ecosystems
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
BEING A JUDGE IN THE MODERN WORLD
Get PDFIt is something of a modern cliché to cite the Daily Mail as an example of the more hysterical fringe of the mainstream press, but even by its own standards the newspaper reached new heights in the wake of the High Court’s decision in R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union. Despite the rather dry constitutional point that was actually in issue (whether the executive possessed a prerogative power to leave a treaty without Parliamentary approval) the Mail left no doubt as to its view of the case: ‘Enemies of the people’ screamed the headline, with the article going on to suggest that the claimants “had formed an 'unholy alliance' with the judiciary.” Clearly the position of even the most senior members of the judiciary is far from the distinguished isolation of previous centuries.
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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Space invaders: the legal status of meteorites in England and Wales
No full textHighlights the lack of a legal framework governing the ownership of fallen meteorites in England and Wales in light of a growing market for them. Considers ownership of meteorites as: a type of mineral; an object found; something from nature; treasure; bona vacantia; and accretion. Calls for legislation governing ownership and providing a definition of meteorites
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Using history to contextualise, diversify and critique the contract law curriculum
No full textContract law is (in)famous for its relatively unchanging nature, at least at the level at which it is usually taught on undergraduate degree programmes. While it would be unfair and inaccurate to call contract law static, much less stagnant, it is true that many of the ‘rules’ and principles which students are taught on the contract law syllabus would be eminently recognisable to lawyers of decades or even centuries past.
Traditional contract law teaching can impose a truncated, Whiggish view of history where the law progresses from a legal dark age of uncertainty, through a scientific and exact ‘golden age’ corresponding to the Industrial Revolution, into the sunlit uplands of modern contract law which marries these ideals to a paternalistic emphasis on ‘fairness’.
This chapter will use the new contract law module created at the Open University as a case study, in order to highlight ways in which legal history can be used to interpret, diversify and challenge the prevailing contract law narrative. The case study will focus on a number of specific points within the module where history was used to liberate the curriculum and further the module’s express commitment to social justice. It will argue that there is scope for (legal) history to play a much greater role within the contract law curriculum, which may also have the benefit of encouraging students to take a more critical approach to legal study that asks ‘why’ as much as it asks ‘what’ legal principles exist. The study will conclude by identifying specific, but still generally applicable, lessons learned when designing, writing and developing teaching materials
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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