Preemptive Action Research Articles

Self-tracking as communication

Self-tracking has attracted a lot of attention from researchers and public opinion makers owing to its potential for improving life conditions through preemptive action on health, and as a tool of user empowerment vis-à-vis health-care professionals and private and public institutions. Nevertheless, the ‘stuff’ that is typically tracked – exercise and diet being the dominant tracking activities – refers to cultural and social practices that, for the individual user, are utterly mundane and reside in an experiential realm of everyday life. Self-tracking has to be understood in relation to behavior that is predominantly about getting things done in ways that are possible, suitable and meaningful for the individual. To account for this, we propose to conceptualize self-tracking as a communicative phenomenon along three dimensions: communication with the system, the self and social networks of peers. We develop the theoretical framework, drawing upon empirical findings from a qualitative study on how self-tracking is practiced and experienced in the context of exercise by different categories of empirical users. We demonstrate that the meanings of self-tracking practices are, at once, shaped by the motivation of an individual user who is situated in a broader web of everyday activities, and stimulated and augmented by communicative features provided by the technology.

Improved principal component analysis for anomaly detection: Application to an emergency department

Monitoring of production systems, such as those in hospitals, is primordial for ensuring the best management and maintenance desired product quality. Detection of emergent abnormalities allows preemptive actions that can prevent more serious consequences. Principal component analysis (PCA)-based anomaly-detection approach has been used successfully for monitoring systems with highly correlated variables. However, conventional PCA-based detection indices, such as the Hotelling’s T2 and the Q statistics, are ill suited to detect small abnormalities because they use only information from the most recent observations. Other multivariate statistical metrics, such as the multivariate cumulative sum (MCUSUM) control scheme, are more suitable for detection small anomalies. In this paper, a generic anomaly detection scheme based on PCA is proposed to monitor demands to an emergency department. In such a framework, the MCUSUM control chart is applied to the uncorrelated residuals obtained from the PCA model. The proposed PCA-based MCUSUM anomaly detection strategy is successfully applied to the practical data collected from the database of the pediatric emergency department in the Lille Regional Hospital Centre, France. The detection results evidence that the proposed method is more effective than the conventional PCA-based anomaly-detection methods.

The Price of Inattention: A Survivable North Korean Nuclear Threat?

The former Clinton administration official unveils progress that North Korea has made on four parallel nuclear and missile initiatives that could soon amount to a survivable, strategic nuclear capability. As a result, it is time for the United States to state unambiguously that it will impose secondary sanctions and resort to pre-emptive military action if Pyongyang performs additional nuclear or missile tests or deploys certain new and threatening military systems.

What makes people go to war? Defensive intentions motivate retaliatory and preemptive intergroup aggression

Although humans qualify as one of the most cooperative animal species, the scale of violent intergroup conflict among them is unparalleled. Explanations of the underlying motivations to participate in an intergroup conflict, however, remain unsatisfactory. While previous research shows that intergroup conflict increases individually costly behavior to the benefit of the in-group, it has failed to identify robust triggers of aggressive behavior directed at out-groups. Here, we present a controlled laboratory experiment which demonstrates that such aggression can be provoked systematically by manipulating the extent to which the own group is perceived to be on the offensive or the defensive side of a conflict. We find direct and causal evidence that the motivation to protect the in-group not only is a predictor of retaliatory aggression, but also promotes preemptive offensive actions against out-groups if they pose a potential threat. This finding improves our understanding of the escalation of intergroup conflicts and may have important implications for their prevention, as we find in our experiment that removing out-group threat substantially reduced intergroup aggression and led to full peace.

Requirements communication and balancing in large-scale software-intensive product development

ContextSeveral industries developing products on a large-scale are facing major challenges as their products are becoming more and more software-intensive. Whereas software was once considered a detail to be bundled, it has since become an intricate and interdependent part of most products. The advancement of software increases the uncertainty and the interdependencies between development tasks and artifacts. A key success factor is good requirements engineering (RE), and in particular, the challenges of effectively and efficiently coordinating and communicating requirements. ObjectiveIn this work we present a lightweight RE framework and demonstrate and evaluate its industrial applicability in response to the needs of a Swedish automotive company for improving specific problems in inter-departmental requirements coordination and communication in large-scale development of software-intensive systems. MethodA case study approach and a dynamic validation were used to develop and evaluate the framework in close collaboration with our industrial partner, involving three real-life cases in an ongoing car project. Experience and feedback were collected through observations when applying the framework and from 10 senior industry professionals in a questionnaire and in-depth follow-up interviews. ResultsThe experience and feedback about using the framework revealed that it is relevant and applicable for the industry as well as a useful and efficient way to resolve real problems in coordinating and communicating requirements identified at the case company. However, other concerns, such as accessibility to necessary resources and competences in the early development phases, were identified when using the method, which allowed for earlier pre-emptive action to be taken. ConclusionOverall, the experience from using the framework and the positive feedback from industry professionals indicated a feasible framework that is applicable in the industry for improving problems related to coordination and communication of requirements. Based on the promising results, our industrial partner has decided upon further validations of the framework in a large-scale pilot program.

A call for conservation scientists to evaluate opportunities and risks from operation of vertical axis wind turbines

A new conservation paradigm (Kareiva and Marvier, 2012) emphasizes the need for scientists to embrace a holistic approach taking into account the social and natural dimensions of conservation in human-dominated landscapes. While there is heavy debate over the new approach (Tallis and Lubchenco, 2014), most conservation scientists seem to agree on to the need to cooperate with corporations when such interaction can benefit people and the environment (Miller et al., 2014; Tallis and Lubchenco, 2014). Cooperation can be most productive when established in the early phases of development, but this requires a high capacity for forward looking pre-emptive action (i.e., anticipating potential forthcoming issues before they arise; Sutherland and Woodroof, 2009). This framework is particularly salient for rapidly developing and expanding technologies such as those for harvesting renewable energy sources. Here the stakes are very high, as they concern mitigating negative consequences to global climate while generating energy without impacting wildlife. In this vein, past experience is instructional. The environmental impacts of biofuels and wind, among others, have been identified and evaluated rather late (Sutherland and Woodroof, 2009), so that implementation of best management practices on existing facilities is now often prohibitively expensive. Here we call scientists to focus specific attention on a rarely deployed yet recently emerging technology, the vertical axis wind turbine model, which has potential to dominate the wind energy technology in the future (Islam et al., 2013). We identify in this particular type of technology a gap in scientific knowledge with regards to its associated environmental impacts. We also point out the instructional value of past experience with horizontal axis wind turbines, which were assumed to be wholly environmentally friendly and are now seen as valuable but accompanied by risk to wildlife and habitat.We urge that this knowledge gap be filled rapidly in order to exploit potential economic and energy-provisioning opportunities that this technology could offer.

The Economic Costs of Climate Change: A Multi-Sector Impact Assessment for Vietnam

We adopt a multi-sectoral approach and consider the full range of climate projections. Biophysical damages are translated into economic costs using a dynamic economy-wide model. Our results indicate that the negative impacts on agriculture and roads are modest to 2050. Larger costs are caused by rising sea levels and cyclone strikes. Overall, climate change is likely to reduce national income by between one and two percent by 2050 (relative to a historical baseline). Damages double under more extreme projections. Our findings suggest that there are net benefits from selected pre-emptive actions though careful consideration of opportunity costs is required.

Macroprudential Policy: Case Study from a Tabletop Exercise

1.INTRODUCTIONSince the global financial crisis of 2007-09, policymakers around the world have advocated the use of prudential policy tools to promote financial stability-that is, to reduce risks that could inhibit the financial sector's ability to intermediate credit (Bernanke 2008; Bank of England 2009; Basel Committee on Banking Supervision 2010; Tarullo 2013). Prudential policy tools are rules or requirements that enhance the safety and soundness of specific firms, sectors, or practices. The use of such prudential policy tools for financial stability purposes is often called macroprudential policy. Academic work on the implementation of macroprudential methods has flourished recently,1 and even prior to the crisis, some researchers and policymakers argued for a macroprudential approach to financial regulation.2This article describes a inquiry into macroprudential tools that was conducted by members of the Financial Stability Subcommittee of the Conference of Presidents (COP) of the Federal Reserve Banks in June 2015.3 In the tabletop exercise, Federal Reserve Bank presidents were presented with a plausible, albeit hypothetical, scenario of financial market overheating. They were asked to identify the risks to financial stability present in the scenario, and to review a variety of possible macroprudential and monetary responses to those risks. In exploring the actions and tools available to policymakers, the participants drew conclusions about the advantages and the limitations of the different approaches.Before describing the hypothetical scenario, the available policy tools, and their transmission mechanism in detail, we define the macroprudential objectives that guided the exercise and the framework used in assessing financial vulnerabilities.In the tabletop exercise, the primary macroprudential objective is to reduce the occurrence and severity of major financial crises and the possible adverse effects on employment and price stability. The macroprudential objective, because it focuses on economy-wide financial stability, differs from the Federal Reserve's monetary policy objectives of full employment and stable prices and goes beyond its microprudential objective of ensuring the safety and soundness of individual firms. However, the objectives and transmission mechanisms of microprudential, macroprudential, and monetary policies are intertwined, generating the potential for trade-offs among objectives. For example, trade-offs may arise between preemptive macroprudential actions and the cost of financial intermediation, because preemptive macroprudential actions that reduce vulnerabilities may slow economic performance in the short term.4 Furthermore, the trade-off between macroprudential and microprudential objectives might be more severe in busts than in booms, while the trade-off between macroprudential and monetary policy objectives might be more severe in booms than in busts. Therefore, a secondary objective is to manage such trade-offs-in other words, to mitigate the side effects of macroprudential policy actions through time. Financial system disruptions that macroprudential objectives aim to avoid include fire sales in financial markets, destabilizing runs on banking and quasi-banking institutions, shortages of money-like assets, disruptions in credit availability to the nonfinancial business sector, spikes in risk premia, disorderly dissolution of systemically important financial institutions, excessive spillovers from disruptions in international funding and currency markets, and disruptions of the payments system.Our assessment framework of financial vulnerabilities follows Adrian, Covitz, and Liang (2013). The framework is a forward-looking monitoring program designed to identify and track the sources of systemic risk over time and to facilitate the development of policies to promote financial stability. Under this framework, macroprudential tools and actions can be classified according to whether they serve preemptive or resilience goals. …

A recommender system architecture for predictive telecom network management

Current telecom networks generate massive amounts of monitoring data consisting of observations on network faults, configuration, accounting, performance, and security. Due to the ever increasing degree of complexity of networks, coupled with specific constraints (legal, regulatory, increasing scale of management in heterogeneous networks), the traditional reactive management approaches are increasingly stretched beyond their capabilities. A new network management paradigm is required that takes a preemptive rather than reactive approach to network management. This work presents the design and specification of E-Stream, a predictive recommendationbased solution to automated network management. The architecture of E-Stream illustrates the challenges of leveraging vast volumes of management data to identify preemptive corrective actions. Such design challenges are mitigated by the components of E-Stream, which together form a single functional system. The EStream approach starts by abstracting trace information to extract sequences of events relevant to interesting incidents in the network. After observing event sequences in incoming event streams, specific appropriate actions are selected, ranked, and recommended to preempt the predicted incidents.

Russia`s Intervention in Eurasian War: the Russian-Georgian War and the Ukrainian Crisis

This paper has a purpose to compare the Russias intervention in two disputes, the Georgia war 2008 and the Ukrainian crisis 2014, as well as for suggesting the meaning of the intervention in two cases. These seems to reflect the common patterns in the methods of intervention, that is, preemptive actions, intelligence, and war in cyber space by Russia. While the Russian army were located in nearby the border in advance of the break of war, Russia had activated the means of advertising Russias position, including mass media, internet etc. After Putins inauguration to presidency, techniques and skills for propaganda has been increasingly developed in Russia. With these points, Russia has often mobilized the solders of private armed forces, like Cossacks, with regular army. Particular attention is given to conceptual and practical problem involved in the identification as a new type of hybrid war. Putin Russias goal of military intervention is destined to regional small hegemon in space of Eurasia. In any case of pursuing the Russias national interests, the principle of territorial integration are sometimes neglecting. Conclusionally, there should be continuous efforts to find ways to work for the political solutions in ethnic conflict around Eurasian land.

Writing the fine print: Developing regional insurance for climate change adaptation in the pacific

CONTENTS I Introduction II Climate Change and Extreme Weather Events III Adaptation in the International Climate Regime IV Insurance and Adaptation in the International Climate Regime V Models for Climate Change Insurance VI Caribbean Catastrophe Risk Insurance Facility VII Climate Change Insurance and the Pacific Island States VIII Viability of Climate Insurance as a Long-Term Adaptation Strategy IX Conclusion I INTRODUCTION Many Small Island Developing States ('SIDS') lie only metres above sea level, making them particularly vulnerable to the impacts of climate change in both the shorter (eg storm surge during large tropical cyclones) and longer (eg sea level rise) terms. (1) The modest ambition for mitigation (ie reduction) (2) of greenhouse gas emissions in the United Nations Framework Convention on Climate Change ('UNFCCC'), (3) Kyoto Protocol (4) and Copenhagen Accord (5) means that the prospect of avoiding an increase in mean surface temperature of less than two degrees is now very low. (6) The latest climate science suggests the Earth is on a path that will lead to a rise in mean surface temperature of between three and six degrees by 2100. (7) Unless there is a significant reduction in greenhouse gas emissions over coming decades, SIDS are likely to experience tropical cyclones of greater severity, disrupted rainfall patterns and sea level rise. (8) Recent extreme weather events in the Asia-Pacific region, such as Typhoon Haiyan (9) and Cyclone Ian, (10) demonstrate the significant impact of these events on SIDS. (11) The lack of success in mitigating greenhouse gas emissions has led to adaptation to climate change impacts gaining greater prominence within the United Nations climate negotiations. Adaptation to climate change has been defined as '[a]djustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities'. (12) Adaptation may take many forms, including pre-emptive action to limit damage from climate change-related events (eg implementing more ambitious building codes to make buildings more resilient to storms) and building institutions to aid recovery after a climate-related event (eg improving emergency services capacity to respond in the immediate aftermath of adverse weather events). Domestically, insurance is an established mechanism to spread financial risk of adverse events and build societal resilience. However, at an international level, the issue of climate change-related insurance has only proceeded in fits and starts. Proposals for an insurance mechanism to support the adaptation of SIDS to climate change date back to 1991. At that time, the Alliance of Small Island States ('AOSIS') proposed an international, state-based pool to provide insurance against the impacts of climate change-related sea-level rise. (13) Despite this early call by AOSIS, a climate change-related insurance mechanism was not included in either the UNFCCC or the Kyoto Protocol. In 2007 climate change-related insurance emerged again on the UNFCCC agenda as the Bali Action Plan launched international discussion on enhanced action on adaptation 'including risk sharing and transfer mechanisms such as insurance'. (14) In 2008 AOSIS made a submission under the Bali Action Plan to include an insurance mechanism as part of a broader response to climate-related loss and damage. (15) In a departure from its earlier proposal in 1991, the 2008 AOSIS submission called for insurance cover for climate change-related extreme weather events such as hurricanes, floods and droughts. (16) In 2010 the Cancun Agreements also invited submissions on the development of a climate risk insurance facility, as a part of an enhanced adaptation framework, to address impacts from extreme weather events. (17) The 2012 Conference of the Parties ('COP') 18 meeting in Doha appeared to be a breakthrough in the development of institutions to assist adaptation to climate change. …

Fasciola hepatica: A comparative survey of adult fluke resistance to triclabendazole, nitroxynil and closantel on selected upland and lowland sheep farms in Northern Ireland using faecal egg counting, coproantigen ELISA testing and fluke histology

In order to investigate the incidence and distribution of adult fluke resistance to the fasciolicide tricalbendazole (TCBZ) amongst populations of Fasciola hepatica in sheep flocks in Northern Ireland (NI), individual rectal faeces samples were collected from 3 groups of 20 sheep, before (pre-dose), and 21 days after (post-dose) treatment of the animals with TCBZ, nitroxynil or closantel, on each of 13 well-managed sheep farms distributed across the province. The efficacy of each flukicide was determined for each farm, using faecal egg count reduction (FECRT) and F. hepatica coproantigen ELISA testing. In certain flocks, 2 sheep with high pre-dose faecal egg counts (FEC) were killed 3 days and 21 days respectively after TCBZ treatment, and the histology of the fluke reproductive organs was compared with that of flukes from untreated sheep, and from sheep treated with nitroxynil or closantel 2 days prior to death, using haematoxylin and eosin (H&E) staining and an in situ hybridisation method (TdT-mediated dUDP nick end labelling [TUNEL]) to demonstrate apoptosis. Results from FECRT revealed that in all flocks with a high fluke burden, TCBZ was ineffective in treating chronic fasciolosis, and this finding was generally supported by the results of the coproantigen reduction test (CRT). The histology of reproductive organs of flukes from TCBZ-treated sheep in these flocks was normal, when compared with untreated flukes, and this, together with the FECRT and CRT findings, indicated a likely diagnosis of TCBZ resistance in all the flocks with a high fluke burden. In contrast, nitroxynil and closantel were found to be fully effective against TCBZ-resistant flukes in each of the flocks bearing a high chronic fluke burden. All of the flocks with a high fluke burden and TCBZ resistance were managed on lowland in the South and East of NI. Upland flocks, in the North and West, had low fluke burdens, or were clear of infection; and FECs were too low to allow valid resistance testing. The study highlights the high level of penetration of TCBZ resistance throughout F. hepatica populations in areas of intensively managed sheep production with a high level of fluke challenge. Further, it emphasises the importance of pre-emptive chemotherapeutic action against chronic fasciolosis, using flukicides effective against the egg-producing adult flukes to minimise pasture contamination for the next season's lamb crop. This study also exemplifies the use of several complementary methods (FECRT; CRT; fluke histology; comparative anthelmintic efficacy testing) for confirmation of a diagnosis of fluke drug resistance.

Meritocratic administration and democratic stability

This paper presents a hypothesis for understanding democratic stability based on the distinction between politicized and meritocratic bureaucracies. We argue that in a politicized administration, the professional careers of large numbers of government officials depend directly upon which party wins the elections. This increases the likelihood that the government will take opportunistic actions aimed at surviving in office at any cost; that is, benefiting core supporters at the expense of other groups. In turn, this may foster pre-emptive actions from the opposition, such as military coups. Conversely, in democracies with meritocratic administrations, incumbents are credibly constrained from undertaking partial policies because their hands are tied in terms of managing the staff policy of the state apparatus. Consequently, countries with meritocratic bureaucracies have greater prospects for democratic stability. Empirically, we illustrate the mechanisms with two well-documented cases of democratic transitions that enshrined a politicized administration – Spain (1876–1936) and Venezuela (1958–1998) – and one transition that kept a meritocratic bureaucracy, Spain (1975–).

A Teacher Based Checklist for the Assessment of Student Learning and Development

This paper reports on two studies that evaluated the statistical validity of the Classroom Learning and Development Questionnaire as a universal screening and early identification observation instrument within the North American context. The Classroom Learning and Development Questionnaire was first proposed and tested in Hong Kong in the mid-1990s. It has been used as an integral part of the school procedures in the Hong Kong school system since it was first launched and has spawned a number of intervention programs for students within the Hong Kong Educational Authority. The Classroom Learning and Development Questionnaire (CLDQ) has been adapted from the Hong Kong study as a Tier I observation instrument to be used in the North American context. Results of the principal component analysis (PCA) in Study 1 (N = 820) extracted six components, which exhibited adequate to high levels of internal consistency. Results of Study 2 (N = 117) indicated statistically significant and negative relationships between the CLDQ subscales and Teacher Rating Form (TRF) (Achenbach, 1991) variables, demonstrating evidence of convergent validity. Based on the findings of these studies, the authors conclude that the screening protocol does present as a robust instrument capable of supporting screening at a primary prevention level. Based on this study, it is argued that classroom teachers hold a wealth of information concerning each student and that this, when presented in a systematic fashion, leads to greater understanding of individual and group learning needs and may lead to pre-emptive actions which would benefit students’ learning trajectories.

ALGERIA:Pre-emptive Security Action

Africa Research Bulletin: Political, Social and Cultural SeriesVolume 51, Issue 10 p. 20316A-20317A National Security ALGERIA:Pre-emptive Security Action First published: 19 November 2014 https://doi.org/10.1111/j.1467-825X.2014.05953.xRead the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat No abstract is available for this article. Volume51, Issue10November 2014Pages 20316A-20317A RelatedInformation

Maximum economic yield of the western rock lobster fishery of Western Australia after moving from effort to quota control

The western rock lobster (Panulirus cygnus) fishery is Australia’s most valuable single-species fishery, worth AUD$200–$400 million annually. Stock assessment for this fishery utilises the puerulus settlement to predict recruitment to the fishery 3–4 years later. This predictive ability has been particularly useful recently, due to an unprecedented period of low settlement between 2006/07 and 2012/13. Pre-emptive management action (~70% effort reduction) was taken to provide greater protection to the breeding stock which also moved the fishery to the maximum economic yield (MEY) level of effort for the projected recruitment. In 2010/11, the fishery moved from an effort-controlled to a quota-controlled fishery, which led to changes in fishing practices resulting in reductions in fishing costs and increases in lobster prices of about US$16/kg. This provided a unique opportunity to compare an MEY assessment under effort and quota controls. The MEY assessment under quota controls for a 5-year period indicated that annual harvest rates of 37–47% of legal biomass will achieve catches of 5780–7370t. in 2014. This MEY target harvest range, which complements existing sustainability reference points based on egg production, is robust to a range of costs, prices and profit discount rates. This catch range enables industry/managers to take into account marketing implications and social issues (e.g. employment) in quota setting and therefore could be considered a socio-economic target. The MEY level of fishing has increased egg production to well above threshold levels that were based on maximum sustainable yield, providing the fishery with increased resilience when faced with environmental perturbations. This enables consideration for relaxing some existing biological controls, e.g. setose (mature) females, females above a maximum size, and lobsters 76–77mm carapace length. The relaxation of these controls is estimated to increase profits by about AUD$15 million annually due to higher catch rates and reduced fishing effort while maintaining egg production well above threshold levels.

Triangulating the Self: Identity Processes in a Connected Era

The increasing prevalence of digital social technologies in everyday life affects processes of self and identity in theoretically and empirically interesting ways. Based on face‐to‐face interviews (N = 17) and synchronous text‐based exchanges (N = 32) from a Facebook‐based population, I examine the conditions of identity negotiation in a networked era, and explore how social actors strike a presentational balance between ideal and authentic. I identify three key interaction conditions: fluidity between digital and physical, expectations of accuracy, and overlapping social networks. I argue that social actors accomplish the ideal‐authentic balance throughself‐triangulation, presenting a coherent image in multiple arenas and through multiple media. I differentiate between two degrees of triangulation: networked logic and preemptive action.

Prediction of severe and persistent postoperative pain by psychophysical testing

Psychophysical testing has the potential to identify patients at risk for severe postsurgical pain and for developing persistent postsurgical pain. Identification of that risk should allow for better preemptive actions. However, the clinimetric characteristics of these tests are barely defined. Consequently, their predictive value remains limited and needs to be refined in order to be exploitable at the bedside with standardized protocols and normative data for surgical patients.

Reconceiving Citizenship: Noncitizen Voting in New York City Municipal Elections as a Case Study in Immigrant Integration and Local Governance

This paper uses New York City's consideration of an amendment to its charter that would extend voting rights to noncitizens in municipal elections as a case study in immigrant integration and local governance. It argues that New York City's biggest challenge in moving this issue forward is dealing successfully with two related questions: (1) why the New York City Council should be able to decide who “the People” are without approval from the state government in Albany and (2) whether it should attempt to enact the measure without a referendum. The analysis first examines the role of local government in regulating the lives of immigrants, contrasting enforcement-oriented strategies with those that are more integration-oriented. It then spotlights federal law obstacles to noncitizen suffrage, concluding that while neither federal criminal nor immigration law prevents state or local governments from extending the franchise to noncitizens in state or local matters, federal law imposes impediments that may deter some noncitizens from registering or that could carry serious immigration consequences for those who vote in violation of federal law. The article then focuses on state law obstacles, including New York's constitution, its state election law and its home rule provisions. It contrasts other recent experiences with noncitizen suffrage around the country, looking at both municipal and school board elections. Finally, it provides some thoughts on best practices in moving forward the issue of noncitizen suffrage in New York City and other locales. New York law is ambiguous enough that good arguments can be made for why neither Albany's approval nor a city-wide referendum is required. However, given New York City's historic relationship with Albany and the state legislature's power to preempt local law on election matters, if the city council attempts to expand the franchise to noncitizen voters without a referendum or comparable measure, it could trigger preemptive action in Albany or lengthy, divisive, and costly battles in the courts.

Addressing Disparate Impact: Indirect Discrimination and the Public Sector Equality Duty

Over three decades since its first articulation as a decisive step forward from the simple principle of equal treatment, the concept of indirect discrimination remains surprisingly fragile. Its emphasis on impact rather than treatment, its linkage of individual and group and its invitation to forward-looking and pre-emptive remedial action, remain challenging. For courts and practitioners, accustomed to the more familiar model of statutory torts which impose liability on one individual for damage caused to another individual, the temptation to re-introduce elements of the equal treatment model lurks just beneath the surface. It is therefore encouraging to see the Employment Appeal Tribunal (EAT) in Essop1 robustly reasserting the fundamental result-oriented nature of indirect discrimination, reversing the Employment Judge’s attempt to re-introduce individualised elements into the test. This reinforces Lady Hale’s valuable judgement in Homer,2 which stabilised the group-based orientation of indirect discrimination in the face of the lower courts’ individualistic approach.