Equity Law Research Articles

Job insecurity, career opportunities, discrimination and turnover intention in post-apartheid South Africa: examples of informative hypothesis testing

The objective of this paper was to investigate differences in male employee experiences in the light of employment equity law and a strong affirmative action drive within present-day South African organizations. This research is important as it can substantiate or invalidate perspectives and beliefs surrounding employment equity issues. A cross-sectional design was used which consisted of a stratified random sample from five corporate organizations (N = 1000). Latent variable modeling with Bayesian estimation was implemented. This paper also demonstrated the use of informative hypothesis testing and subsequent Bayes factors to directly compare the informative hypotheses, in order to show how much more likely one hypothesis is to be the correct hypothesis, compared to the other(s). The results revealed that non-designated (white male) employees experience more job insecurity than their designated (black male) counterparts, but this does not necessarily associate with more turnover intention. It was also found that when designated employees experience less career opportunities, they show more turnover intention. Furthermore, it was shown that designated employees perceive more discrimination, but that this does not associate with more turnover intention. The limitations and future research opportunities are discussed.

A Kiss from Thermopylae: Emily Dickinson and Law by James R Guthrie (review)

Reviewed by: A Kiss from Thermopylae: Emily Dickinson and Law by James R Guthrie Daniel Manheim (bio) Guthrie, James R. A Kiss from Thermopylae: Emily Dickinson and Law. Amherst and Boston: University of Massachusetts Press, 2015. $80. No woman was admitted to the Massachusetts bar until 1881. If a young Emily Dickinson, in love with language and fascinated by intellectual systems, ever thought to cross the bar herself, it was in fancy, or “when a boy.” Given her interest, though, it is a little surprising that the poet from the household of lawyers, whose poems use courtroom terminology and whose letters conceive ordinary events in legalistic terms (as Guthrie notes, she confesses that she “defrauded Loo of 1 spool of thread”), was so long to receive her due consideration in the context of the law (L267). Numerous recent books mark this as a rich period in the study of Emily Dickinson as a poet who was, in James Guthrie’s words, “deeply immersed in the national intellectual culture” (17). The law was, in some sense, her nearest linguistic context, and Guthrie has demonstrated how a careful examination of this context offers enlivened readings of familiar poems and highlights poems generally overlooked. He considers many of the “nearly one hundred different legally related words” found in Dickinson’s poems, but his interest is sharpest [End Page 115] when revealing the full metaphorical contexts that the poems invoke and the implications of these contexts for her understanding of her times (10). Exploring her familiarity with nineteenth-century legal issues, Guthrie proposes to “shed new light on her thinking about broader subjects such as authoritarianism and individuality, social responsibility and the rights of citizens, religion and reason, fairness and obedience” (17). The seven chapters comprise an account of the Massachusetts legal environment in which Edward Dickinson practiced, as did Otis Phillips Lord, an important figure to Guthrie here. The book offers an informative and well-written introduction to more general legal history: understanding Dickinson involves understanding the terms and their use in the period. Thus the first chapter, “Delinquent Palaces: Bankruptcy,” in recounting the loss and reclamation of the Main Street Homestead, focuses on the shifting status of debtors in the nineteenth century. For the poet, the pattern of bankruptcy, disgrace, and restored solvency folded neatly into the redemption following Adam’s loss of Eden, “the ancient Homestead” (Fr1577), and more broadly into a model of emotional commerce, in which passionate surrender could be figured as voluntary bankruptcy. This interchange among the legal, the personal, and the psychological recurs in other chapters. The second chapter, “Not Here nor There: Equity,” centers on the way equity law, involving cases like divorce, wills, and patents, was governed by a single judge rather than a body of jurors, and accordingly included the moral function of repairing the breach between litigants. As with bankruptcy, equity was a versatile model for erotic negotiations, but Guthrie’s emphasis in the chapter engages a case of trespass: “Alone and in a Circumstance” (Fr1174) becomes an elaborately brilliant legal hypothetical, or “hypo,” composed for the entertainment of her brother (66). Chapter 3, “Seals, Signs, and Rings: Contracts,” takes up another side of equity law. The marriage contract marked one of the few areas in which a woman had significant legal standing; accordingly, poems such as “What would I give to see his face?” (Fr266) involve erotic transactions in which a woman negotiates using her strongest legal assets: affection, dowry, and reproductive potential. Both of these chapters consider Dickinson’s intertextual engagement with Shylock, her model of reckless contract law. Chapters 4 and 5 address, respectively, property and trusts. In “Lands with Locks: Property,” Guthrie shows how Dickinson appropriated some splashy accounts of landlord-tenant relations to explore the housing of identity and how she engaged some notorious patent claims to interrogate that “electric adjunct,” hope (Fr1424). The chapter contains a terrific reading of “What we see we know somewhat” (Fr1272), showing how the race to patent a better lock for vehicles of transport figures the quest for any coveted cargo that stimulates the mind’s [End Page 116] curiosity. Chapter 5, “Has All a Codicil? Estates and Trusts,” engages inheritance, especially...

Beyond criminal law: The multiple constitution of addiction in Australian legislation

The role of the criminal law in the regulation of drugs and addiction is both well known and the subject of considerable academic debate. Judges are frequently enjoined to make decisions about different kinds of addictions, and the relationships between substance use, addiction, agency, subjectivity, responsibility, treatment and punishment. The criminal law is not the only legal realm in which such questions are being explored, however. Addiction figures in non-criminal contexts in various ways, including via statute, regulations, common law and the law of equity. The significance of how addiction is understood and managed in these non-criminal contexts is sometimes overlooked in academic research. Drawing upon research being undertaken in Australia, this article seeks to highlight the wide range of non-criminal contexts within which questions about “addiction” are regularly being asked. Using examples from Australian legislation, we draw attention to several fundamental tensions and inconsistencies in legislative approaches regarding addiction and ask how tensions and inconsistencies between legal realms may impact on the health, wellbeing and opportunities of affected individuals. In so doing, we seek to make a case for the importance of academic research beyond the criminal law, including comparative work across different legal realms where laws, standards of proof and rules of evidence may differ. We consider the assumptions that underpin (and emerge from) this legislation, raising questions about the role of the law in the production and management of addiction as “multiple”, and the possible “effects” of the constitution of addictions beyond the criminal law.

You Don't Have to Go Home, but You Can't Stay Here

could not have been unknown to them” (p. 113). In her final chapter, “Deer Island and the Banishment of Indians,” Goodman continues to trace this paradox between Puritan laws and lawmaking. The removal of Native Americans to Deer Island during King Philip’s War 387 BAILEY / You Don’t Have to Go Home, but You Can’t Stay Here sees Puritans banishing a group of people from their jurisdiction while moving them to a body of land within their jurisdiction, effecting “a banishment that was unlike any other” (p. 117). Of course, the relationship of Native Americans to English law—be it royal law, equity law, canon law or common law—was decidedly different than that of any of the book’s earlier examples. But the Indians’ banishment changes that relationship. “Indeed,” asserts Goodman, “through their banishment to Deer Island the Indians gained recognition for the first time as persons within the terms of the English common law” (p. 119). Thus, the removal to Deer Island allowed Native Americans into the world of the Puritans in a way that not even conversion to Puritanism had done. By assigning Indians a specific home, New Englanders made certain they were not a part of their own English community. Goodman then wraps up her treatment of banishment by focusing briefly on the intersections of common law and the rhetoric of social exclusion in North America in the years following the Puritans, keeping her attention on the nonreligious grounds and justifications for the various evolutionary forms of banishment. Goodman’s study certainly contributes greatly to the ways in which scholars of history, literature, and religion ought both to think about and to approach the subject of banishment in colonial New England. Her reliance on and use of the theories of authors such as Michel Foucault, Jurgen Habermas, Edward Said, Carl Schmitt, Jacques Lacan, Clifford Geertz, David Delaney, and Giorgio Agamben among others, effectively links Banished and its subject to a much larger body of scholarship. Goodman, though, does not only rely on such theoretical scholars. She also makes able use of historians such as Anne Marie Plane, Jean O’Brien, Michael Zuckerman, and John Demos in making her appeal for a focus on the legal conceptions of banishment. One wonders, though, how some more recent historical works might have tempered even further her move away from the religious conceptions of such punishments. Though they both likely became available much too late in the writing process, one wonders how John Barry’s Roger Williams and the Creation of the American Soul: Church, State, and the Birth of Liberty (2012) and Linford Fisher’s The Indian Great Awakening: Religion and the Shaping of Native Cultures in Early America (2012) might interact with Goodman’s conclusions about Roger Williams and his concerns for the proper relationship between church and state; or about the ways in which Native Americans potentially used their newfound Puritanism, or at least Christianity, to fashion a place for themselves in English society. On a more substantial level, recent scholarship by Michael Winship certainly provides an alternative reading of sorts to questions of banishment in early New England. Making Heretics: Militant Protestantism and Free Grace in Massachusetts, 1636–1641 (2002) stresses the connections between the religious, the political, and the legal in the “antinomian controversy,” though little is made of hospitality as the linchpin of the event and the subsequent penalty REVIEWS IN AMERICAN HISTORY / SEPTEMBER 2013 388 suffered by Hutchinson. This is not to say that Goodman is incorrect, but one wonders how she does not at least interact briefly with the contentions of Winship’s important study. If any one volume kept coming to mind all the way through my reading of Banished, though, it was Adrian Chastain Weimer’s Martyrs’ Mirror: Persecution and Holiness in Early New England (2011). In general, Weimer deals with the same period of time in early New England. With the exception of Thomas Morton, she also deals with many of the same historical subjects. Weimer, however, connects their martyrdom and their respective formations of colonial identities primarily to religious concerns and the quest for personal holiness. The shared heritage of martyrdom helped shape early New England as their home. In the end, I do not know that any of these volumes necessarily preclude the importance of the legal aspects on which Goodman concentrates, but they certainly complicate the dialogue such legal conceptions had with other primarily religious conceptions. Read alongside this body of literature, Nan Goodman’s much-needed legal study paints a clearer portrait of Puritan communities in early New England, which was home to a remarkably diverse group of peoples—whether they all liked it or not. Richard A. Bailey is an associate professor at Canisius College and the author of Race and Redemption in Puritan New England (2011).

Why are Socioeconomic Inequalities in Receipt of Treatment Found for Lung Cancer?

177 ISSN 1758-1966 10.2217/LMT.13.12 © 2013 Future Medicine Ltd Lung Cancer Manage. (2013) 2(3), 177–180 Intervention-generated inequalities We would hope that interventions to improve health would also reduce health inequalities, but this is not always the case [1]. Evidence is accumulating that effective treatments for lung cancer are not equally received by individuals across the socioeconomic spectrum [2]. Intervention-generated inequalities (IGIs) have been described as “unintended (and unwanted) variations in outcomes, across population subgroups, that result from any element of any health intervention” [3], where, although overall population health may improve as the result of an intervention, differences in access to the intervention, differential uptake, delays in uptake and differential compliance with, or differences in effectiveness of, an intervention may result in inequalities in outcome [3,4]. The IGI framework expands on previous equity hypotheses that have attempted to describe variations in the provision and uptake of interventions. The ‘inverse care law’ states that “the availability of good quality healthcare is inversely related to need in the population served” [5]. The ‘inverse prevention law’ suggests that a similar socioeconomic gradient also exists in health prevention [6], and the ‘inverse equity hypothesis’ proposed that public health interventions initially widen socioeconomic inequalities due to preferential uptake by more advantaged groups before the less advantaged follow suit, eventually improving health overall [7]. However, none of the above equity laws/hypotheses consider how interventions can be designed to reduce inequality. In order to expand these equity laws into an evidence-based framework and model of intervention inequality, it is necessary to examine all the possible stages where inequalities may be introduced and consider ways in which these can be addressed, as it is likely that IGIs contribute to overall socioeconomic inequalities in morbidity and mortality [3].

Third Time's the Charm: The Coming Impact of the Restatement (Third) Restitution and Unjust Enrichment in Bankruptcy

Bankruptcy courts have frequently been characterized as courts of equity. Often this characterization has accompanied unusually relaxed interpretation or application of a provision of the Bankruptcy Code. However, this understanding does not exhaust the meaning of equity in bankruptcy.Historically, equity covered a large range of topics – trusts and estates, injunction, contracts, specific performance, unjust enrichment, restitution, and disgorgement. In addition, equity was not limited to particular remedies. Equity’s remedies certainly included money damages but recognized many more. The law of equity was substantive as well as remedial; it recognized primary rights as well as secondary rights of rectification. Among equity's primary rights were equitable interests in property. And section 541(a) of Bankruptcy Code includes such equitable interests in its definition of property of the estate.If equity once boasted a substantial substantive content, what was it? The answer is found in the title of the Restatement Third, Restitution and Unjust Enrichment (R3RUE). Unjust (or unjustifiable) enrichment provides the conceptual core of this body of law. As the converse of tort law, which identifies unjustified harms to another, unjust enrichment recognizes unjustified benefits to another, at least to the extent they come at the claimant’s expense. Notwithstanding the merger of law and equity, in the mid-1990’s the American Law Institute appointed Andrew Kull as the reporter for the R3RUE. With final approval in 2010, we can expect to see the R3RUE affect the legal landscape in the near future. It is that impending impact in bankruptcy that constitutes the burden of this article.Part I briefly summarizes the substantive law of equity as expressed in the R3RUE. It addresses the substantive core of law of equity. Distinct categories of operative facts such as benefits conferred by mistake or without request, pursuant to a voidable contract, or as a result of wrongful interference with the rights of a claimant ground unjust enrichment.Part II surveys the remedial aspects of the R3RUE comprising the four so-called proprietary remedies–constructive trust, equitable lien, subrogation, and the paired set of rescission and restitution. These proprietary remedies are the equitable interests in property that are part of the property of the estate.Finally, Parts III–VI focus on these four remedies in greater depth and examine how courts operating under the Bankruptcy Code have (mis)applied them. I conclude with specific observations about how the R3RUE can and indeed should affect the development of equitable interests by firmly recognizing their place as property of the estate.

Focus: Establishing legal resources in Nicaragua

INTERNATIONAL union rights Page 28 Volume 20 Issue 4 2013 FOCUS ❐ RECOGNITION AND BARGAINING SYSTEMS ed and for improving administrative procedures with the Ministry of Labour, the National Civil Services’ Appeal Commission and the Municipal Administrative Career Commissions. The greatest result for beneficiaries has been in negotiating collective agreements, the most recent one being the collective agreement with the Office of the Comptroller General of the Republic where it had never previously been possible to have an agreement registered with the Ministry of Labour Department of Individual and Collective Negotiation. This benefits more than 550 workers at national level. Trade union members who have benefited most from the work of the office have been women. Women are a majority of Nicaragua’s population, comprising more than 53 percent of the national population, yet the state and municipal sector remains very much male-dominated. There is still some way to go, although the position of women is society in Nicaragua is improving. The Sandinista government now insists on a minimum quota of 50 percent for internal party candidates as well as candidates for public office, and there is evidence of a continuing increase of women’s participation in the social and economic life of the country. Another very important achievement of the legal office is the trade union training that is carried out by legal professionals for union leaders at national level. Training has taken place on subjects that include: ■ collective agreements ■ civil service and administrative career law ■ municipal career law and its regulation ■ gender equity law ■ budgetary system law ■ municipal budgetary system law ■ municipal transfers law ■ trade union organisation More recently, the Legal Office has provided invaluable training on the implementation of the new Labour and Social Security Protection Code, which came into effect on 29 May 2013. The Code permits union leaders to represent their members before a judge in the Labour Courts, so it is important that they understand it fully. To this end, a series of workshops for union leaders has taken place around the country in order to inform union leaders about the contents of the new Code. The legal office has also been giving support and legal assistance to other trade union organisations within the national workers’ federation FNT. The achievements of the legal office have been highly positive. The Office deals with an average of 33 cases a month, and has become an essential tool in ensuring the defence of workers’ rights throughout the country. Establishing legal resources in Nicaragua Legal advice and training by qualified lawyers has been a priority for the union for a number of years LOUISE RICHARDS is Trade Union and Communications Co-ordinator at the Nicaragua Solidarity Campaign in London P rior to 2011, the Nicaraguan public sector union UNE had only limited capacity to address attacks on workers’ rights such as arbitrary sackings, denial of state benefits, sexual harassment and health and safety issues. Members, particularly low paid women workers with no resources to pay legal fees, had no recourse to justice . Although the current Sandinista Government is more supportive of trade unions than previous right wing governments, the trade unions are at pains to point out that their first priority is to defend members’ rights. In 2011, thanks to support from UNISON, its UK sister union, UNE was able for the first time ever to set up a legal office not only to address members’ problems, but also to enable UNE to negotiate collective bargaining agreements more effectively and to provide training in employment law for union leaders. UNISON financed the first phase of the office between August 2011 and August 2012 and has since approved further funding from June 2013 until May 2015. The office is now staffed by two lawyers and a legal assistant. One lawyer and the legal assistant are funded by UNISON, the other lawyer by the Spanish trade union CC.OO. The creation of an office providing legal advice and training by qualified lawyers has been a priority for UNE for a number of years. It is seen as an opportunity for not only capacity building but for strengthening and deepening the trade union movement within society, raising its profile, increasing membership...

Reflections on the Overseas Labor Welfare Plan of Pakistan with the Overseas Workers Welfare Security of China

Under the background of globalization, the labor output has also been rapid development in China. In the case of labor export growing, the issues of rights protection of labor export populations have become increasingly prominent. Due to overseas labor involved many problems between the countries, the meantime China far there is no legal provisions about the labor output. Therefore, the overseas workers welfare security issues are particularly important in China. This article draws on the specific measures in the overseas labor welfare plan of Pakistan. It suggests the improvement on the system construction of overseas workers welfare security in China from four aspects, such as the formulation of overseas labor equity laws, overseas workers fund set up by government, etc.. Key words: Labor export; Labor welfare security; System construction

State Gender Equity Law & Athletic Participation Among Community Colleges in Washington State

This paper presents an overview of partial tuition waivers for athletic participation among community colleges in Washington State and its implications for state and federal gender equity policy and legislation. Using a mixed-methods approach, this article presents findings from Equity in Athletics Disclosure Act data, document analysis, and interviews with athletic directors and conference officials. Implications of the partial tuition waiver program on participation rates among Northwest Athletic Association for Community Colleges member institutions in Washington and the recommendations for gender equity are presented.

Canada's bold experiment with pay equity

PurposeThe purpose of this paper is to examine the evolution, implementation and effectiveness of the Pay Equity Act in Ontario, Canada. Given that this Act is considered by many as the world's most progressive equal pay for work of equal value legislation, there are important implications for policy globally.Design/methodology/approachThrough a review of relevant documents and the literature, the paper examines the need for the Pay Equity Act in Ontario, its origins, and with two decades of experience, analyze its effectiveness. A case study is also used to assess related procedures and effects of the law.FindingsIn spite of its limitations and the wide pay gap that still exists between men and women, many female workers have benefited from Ontario's progressive Pay Equity Act. In targeting the discriminatory aspect of women's work evaluations, the Act has resulted in pay increases for thousands of women, especially in the public sector.Practical implicationsThere are many practical and social implications for jurisdictions across the globe, as they try to grapple with gender pay equities. Policy makers can learn from the successes and challenges experienced in Ontario. Pay equity legislation will unlikely achieve any significant progress in reducing the wage gap if it relies on workers to complain about the inequity in their pay. A proactive pay equity law, such as that in Ontario, will force employers to make more focused efforts to deal with gender pay discrimination. Ontario's bold “experiment” with pay equity holds valuable lessons for jurisdictions globally.Originality/valueWhile there has been some research on the Ontario Pay Equity Act, there is a paucity of scholarly work that examines the details of the pay system that the Act has spawned. There is also little work in assessing the effectiveness of the legislation.

Shakespeare and the Culture of Paradox by Peter G. Platt

528 Reviews on the food-related fates ofAaron and Tamora in Titus Andronicus (p. 124). More of a starter than a main course, Food in Shakespeare shows how far feeding and feeling, as Duke Orsino well knew, go hand in hand as well as hand tomouth in the diet of earlymodern drama. This is not rich repast, but its small portions are well seasoned. University of Glasgow Willy Maley Shakespeare and the Culture of Paradox. By Peter G. Platt. Farnham and Burlington, VT: Ashgate. 2009. ix+25ipp. ?55. ISBN 978-0-7546-6551-9. Ithas long been acknowledged thatparadox is central to Shakespeare's plays, nearly all ofwhich could be called problematic'. Theirmixed ideological messages, refusal to support any single idea, and general open-endedness are, arguably, what make them a source of continued interest and debate. As Norman Rabkin once claimed, polyvalence and polysemy are implicit governing principles inmany of the greatest works of literature.What is less known, however, is that Shakespeare's use of paradox is informed by and representative ofwhat Peter Platt terms 'theRenais sance culture of paradox. Adopting a New Historicist approach, Platt successfully situates Shakespearian paradox within the context of an age thatwas fixated with the unexpected, the uncertain, and the contradictory. The first chapter, '"New, Straunge, Incredible, and Repugnant to the Opinion of the Hearer": The Power of the Paradox in Early Modern Culture', highlights the chief versions of paradox that concerned (and often delighted) Renaissance thinkers: the literary-rhetorical and logical versions?whose roots are primarily classical?and the Christian versions. This chapter also discusses the effectiveness ofparadox as a political tool and itsability to 'transform themind' (p. 12). Claiming that critics of Shakespeare have not sufficiently recognized the power of paradox, Platt is of the opinion that paradox is connected more to activity than passivity (p. 15). He thereby positions himself against scholars, such as Gary Taylor, who consider paradox as ultimately paralysing and ineffectual. After setting the historical scene (Piatt's grasp of history and his extensive use of non-literary material is one of the book's main strengths) and outlining his theoretical standpoint, Platt goes on, in the following three chapters, to look at specific 'sites' of paradox: Venice; equity law and its courts; and the Shakespearian stage. In theVenice chapter Platt examines Renaissance accounts of Venice that establish itas a liminal space between East andWest, land and sea, Protestant and Catholic, before reading TheMerchant of Venice's and Othello's epistemological, ontological, racial, and sexual complexities through Venice's symbolic geography (p. 58). He then focuses attention on the complex issue of equity which led to the paradoxes surrounding legal judgement in Measure forMeasure and TheMerchant. As a law that appreciates the shifting, restless, and paradoxical nature of theworld, equity ends up, ironically, justifying rather thanmitigating the use of strict justice inboth plays. Piatt's last chapter, '"Double Dealing Ambodexters": The Paradoxes of Playing', MLR, 105.2, 2010 529 is almost twice as long as the preceding ones and by far themost ambitious. In it,he takes on themammoth task of examining the paradoxes of performance: the duality of the actor; the paradox of the boy actor; and the paradox of the relationship between audience and player. The Henriad and Hamlet are summoned in an exploration of the paradox of the actor in particular, while TwelfthNight and As You Like It are pivotal to Piatt's discussion of the boy actor and the paradoxes of gender identity.And finally, The Winters Tale and The Tempest are invoked in his analysis of the audience's encounters with the paradoxes of the stage: many antitheatricalists feared, after all, thatviewers could become what they saw, could be both spectator and actor. One suspects that the subject of Piatt's last chapter requires book-length study itself, for it is impossible to do it justice within the scope of sixty-eight pages. Despite this one criticism, this is a stimulating and enjoyable read as well as an important reappraisal of Rosalie L. Colie's Paradoxia Epidemica: The Renaissance Tradition ofParadox (Princeton: Princeton University Press, 1966) in the light of post-structuralism. Queen's University Belfast Adele Lee The Key of Green...

99% Normal Adjudication and 1% Supernormal Adjudication ---- Posner Paradigm and Construction of Chinese Scholar-Type Judge Mechanism

Law of individual equity pursues for scholar-type judges who are endowed with radical talents and revolutionary spirits. To trigger out these judges’ natural advantages of mastering law theories and reform trends and overcome their shortcomings of ignoring equity of interests in criticizing legal system and seeking for radical reform are the key parts in the modernization of China legal system. “Double excellent law man” Posner’s paradigm shows the core of constructing a scholar-type judge mechanism, that is, to cultivate judges who possess characters of being modest, wary, and responsible, gifts of openness, wisdom, and unselfish, super ability of logic analysis, loyalty to rationality, sagacity and courage of grasping reform chances and making supernormal adjudications, and avoid the attitude of “results-oriented adjudication”.

Asymmetric Information and the Law of Servitudes Governing Land

The legal doctrine on servitudes has long been viewed as a Byzantine tangle of doctrine emanating from property law, contract law, and courts of equity. This paper explains the structure of the law governing servitudes on land using key ideas from the economics of information, focusing on easements and covenants and the rules governing their formation and application. We develop a model of land markets that incorporates asymmetric information (adverse selection) and specialization in ownership and use this to offer a rationale for the seemingly ad hoc limits on the use of servitudes. We stress the inability of sellers of land credibly to assure buyers that land is not encumbered by servitudes. Our model explains variations in legal doctrine over time and across jurisdictions, particularly comparing servitudes in the United States and in England.

The New Laches: Creating Title Where None Existed

Tribal land claims are facing a challenge from an old area of law. Courts have been paying special attention to the law of equity and how it can defeat tribal land claims. Specifically, the equitable defenses of laches, acquiescence, and impossibility were used by the Supreme Court to hand defeat to the Oneida Indian Nation on a tax issue. Since then, lower courts in the Second Circuit have used this precedent to deny Indian land claims. But are these three defenses based on precedent themselves? Rarely. Instead, they have been combined to create a defense, what I will call the new laches. This defense, so far used successfully in Indian land cases in New York state and unsuccessfully elsewhere, has been so broadly construed by the Second Circuit that, if this view is adopted nationwide, it could apply to any treaty-based claim brought by Indians or Indian tribes.

Simplicity and Innovation in the Law of Equity and Trusts: the Cooke Era

This essay explores the contribution that Robin Cooke and his erstwhile colleagues on the Court of Appeal bench made in the field of equity and trusts. The survey of key equity and trusts cases of the Cooke era demonstrates a commitment to principle, with an emphasis on the purpose of individual equitable and trusts doctrines and a close examination of the individual facts of each case. The result is that the law of equity and trusts is now more principled in focus and simpler to state.

Monetary remedies for breach of confidence in privacy cases

In Campbell v MGN Ltd, the House of Lords endorsed an expansive interpretation of the breach of confidence action to protect privacy interests. The scope and content of this transformed cause of action have already been subject to considerable judicial consideration and academic discussion. This paper focuses on the remedial consequences of privacy breaches. It undertakes an analysis of the principles which govern awards for pecuniary and non-pecuniary loss, the availability of gain-based relief, in particular an account of profits, and exemplary damages.Even in its traditional scope, the monetary remedies for breach of confidence raise complex issues, mainly resulting from the fact that this doctrine draws on multiple jurisdictional sources such as equity, contract and property law. The difficulties of determining the appropriate remedial principles are now compounded by the fact that English law also aims to integrate its obligation to protect the right to privacy under Art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 into the conceptual framework of the breach of confidence action.The analysis provided in this paper supports the contention that not only the scope of the cause of action but also important remedial issues are likely to remain in doubt until the wrong of ‘misuse of private information’ is freed from the constraints of the traditional action for breach of confidence. A separate tort would be able to deal more coherently and comprehensively with all wrongs commonly regarded as privacy breaches.

Law of Equity

In this paper I focus on three equitable principles in the common law jurisdictions of England and Sri Lanka and the treatment of those principles in Tinsley v. Milligan (1993) 3 ALL ER 65 (HL) my conclusion is that the UK House of Lords creates the judicial trend of unifying the Law of Restitution with respect to claims to property as relief before the court where the parties admit that there have been previous illegal transactions concerning the use of the property. My remark in this paper is that the development of equitable principles in both Law and Equity in England needed a change in judicial trend, and, for the House of Lords in Tinsley v. Milligan there is justification to make more flexible rules of equity and law under the cover of these progressive judicial trends which appeared in judgments before Tinsley v. Milligan and which are explored in this paper. Therefore the conclusion in this paper is that trends are the influencing factors for the House of Lords in cases like Tinsley v. Milligan with respect to evolving equitable principles in both law and equity which depart from the traditional application of those rules which existed before in the courts in England. I argue in my paper with historical evidence that the three equitable principles of Law and equity ex turpi causa, in pari delicto and the clean hands principle are connected by cannon law and this justifies the approach of The House of Lords to unify the Law of remedies relating to equitable relief so as to avoid departing from judicial precedent such as the Bowmaker rule which the House of Lords imports in Tinsley v. Milligan to make the clean hands principle more flexible in law of equity.

Closing the 95 Percent Gap: Library Resource Sharing for People with Print Disabilities

Experts estimate that only 5 percent of the world's publishing output is made accessible in alternate formats for people who cannot use print. While some popular commercial digital audio and textual products are available to people with print disabilities, many people do not have equal access to reading materials and other resources. People who cannot use print due to a visual, physical, neurological, or perceptual disability need libraries to provide the equitable access. Libraries need strategic partnerships, improved public policy, and international agreements to fulfill the promise. Equity laws, union catalogs, new technology, standards for production and resource sharing, postal subsidies, and commercial production of alternate formats have all helped. This article focuses on key elements that affect library resource sharing for people with disabilities in the United States, Canada, and the United Kingdom. Challenges include attitudes, organizational isolation, diversity of alternate formats, nonadherence to standards, inaccessible online services, an uncooperative publishing industry, inconsistent access to equipment, and inadequate training. Recommendations are made to improve the legal framework, develop sharing library communities, and apply universal design principles.

European Union Gender Regulations in the East: The Czech and Polish Accession Process

This article explains, first, why there was a uniform emergence of equal opportunities legislation across East Central European states in the late 1990s and early 2000s and, second, why the speed of adoption varied across countries. The author deviates from a traditional comparative focus on domestic factors and instead treats her two case studies—Poland and the Czech Republic—as part of an international system in which external actors can exert a simultaneous but differential effect on domestic policies. The author argues that the European Union (EU) accession process prompted equal opportunities legislation in both countries but domestic actors mediated this influence in different ways. In Poland, legislation was delayed due to an organized opposition to EU gender equity laws and its close ties to parties of the Right in government, two factors absent from the Czech case where laws passed earlier. The author also suggests that the EU's financial and political resources may enable it to reshape these domestic actors in the future.

Who Manages Feminist-Inspired Reform? An In-Depth Look at Title IX Coordinators in the United States

This article presents an analysis of the political consciousness and commitments of six gender equity coordinators who served in the same public agency in the United States during a 20-year period in an effort to contribute knowledge about the people who institute movement-inspired laws and the diverse ways in which they come to understand their mandates and the organizational and political milieus within which they work. The author’s findings corroborate existing research indicating that bureaucrats have considerable autonomy to interpret equity law and vary in their approaches. Most significantly, the author shows the ways in which individuals’ commitment to movement ideals can deepen (rather than abate) in the course of working as equity bureaucrats.