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So what is ‘phone hacking’?

By Professor Ian Walden
Over the past two years there has been much furore over journalists accessing the voicemail of celebrities and other newsworthy people, particularly the scandal involving Milly Dowler. As a result of the subsequent police investigation, ‘Operation Weeting’, some 24 people have since been arrested and the first charges were brought by the Crown Prosecution Service in July 2012 against eight people, including Rebekah Brooks and Andy Coulson. The leading charge was one of conspiracy “to intercept communications in the course of their transmission, without lawful authority”. But what does ‘phone hacking’ mean and have the CPS got it right?

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Knowing it when we see it: ‘Madness’ and crime

By Arlie Loughnan
One of the most high profile court cases concerning ‘madness’ and crime has concluded. In a unanimous decision, the Oslo District Court in Norway has convicted Anders Behring Breivik of the murder of 77 people in the streets of central Oslo and on the island of Utøya in July 2011. Breivik’s conviction was based on a finding that he was sane at the time of the killings. He has been sentenced to 21 years in prison but it is possible that he will be detained beyond that period, under a regime of preventative detention.

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Five things you may not know about leadership PACs

By Kristin Kanthak
Political Action Committees, or PACs, get considerable attention in our current debate about how we finance American elections. When most Americans think of a PAC, they think of the campaign contribution arm of interest groups, like the National Rifle Association’s “National Rifle Association of America Political Victory Fund,” or large corporations, like Honeywell International’s aptly named “Honeywell International Political Action Committee.”

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Are crimes morally wrong?

By Hyman Gross
Are crimes morally wrong? Yes and no; it depends. It’s easy to think we know what we’re talking about when we ask this question. But do we? We need to know what we mean by ‘crimes’. And we need to know what we mean by ‘morally wrong’. This turns out to be trickier than we may at first think.

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World Humanitarian Day

By John Gittings
Cynical observers, of the kind who always scoff at the UN and its aims, may regard World Humanitarian Day (19 August) as just another high-minded but meaningless annual event. Yet the day has a very specific origin, which should remind us that humanitarianism is not just a fine principle but a hard struggle against the opposing forces of violence and war.

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The difficulty of insider book theft

By Travis McDade
On Sunday, the New York Times reported on the wholesale looting of the prestigious Girolamini Library in Naples, Italy, by its director, Marino Massimo de Caro. He seems to have treated the place as his own personal collection, stealing and selling hundreds — maybe thousands — of rare and antiquarian books during his 11 month tenure. This has provoked the normal amount of head-shaking and hand-wringing. But what is most striking — aside from the embarrassing appointment of the unqualified de Caro to the job in the first place — is how terrible a thief he was.

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The Doctrine of Discovery and Indigenous Peoples

By Robert J. Miller and Jacinta Ruru
Today is the United Nations International Day of the World’s Indigenous Peoples. It is a day for action. An important part of this action must be to continue the work towards banishing racist international colonialism law including the Doctrine of Discovery. This Doctrine legitimated the notion that the first European country that discovered lands unknown to other Europeans could claim property and sovereign rights over Indigenous Peoples and their homelands.

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Cyber War and International Law

By Dr. Russell Buchan and Nicholas Tsagourias
It seems both timely and necessary to question whether public international law adequately protects states from the threat of cyber attacks. This is because states have become increasingly dependent upon computer networks and the information that they hold in order to effectively regulate their societies.

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Public pensions’ unrealistic rate of return assumptions

By Edward Zelinsky
Ten years ago, the financial problems of public employee pensions concerned only specialists in the field. Today, the underfunding of public retirement plans is widely understood to be a major problem of the American polity. Underfinanced public pensions threaten the ability of the states and their localities to provide basic public services while paying the retirement benefits promised to state employees.

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Making prisoners work: from hulks to helping victims

By Susan Easton and Christine Piper
In July 2012, two prisoners lost their application for judicial review of two Prison Service Instructions which implement the Prisoners’ Earnings Act 1996. This Act demands that a deduction of up to 40% from the wages of prisoners in open prisons is imposed.

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Seduction by contract: do we understand the documents we sign?

By Oren Bar-Gill
We are all consumers. As consumers we routinely enter into contracts with providers of goods and services—from credit cards, mortgages, cell phones, cable TV, and internet services to household appliances, theater and sports events, health clubs, magazine subscriptions, and more.

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The Myths, Realities, and Futures of Child Soldiers

Imagine a child soldier. You probably think of a poor African boy, no older than ten, forced by ruthless commanders to take drugs and fire guns whenever and wherever directed. And this image completely contradicts the reality for the vast majority of child soldiers. Washington and Lee School of Law interviewed Professor Mark Drumbl, author of Reimagining Child Soldiers in International Law and Policy, and discovered the myths and realities of child soldiering. What’s more, this distorted images inform the place of a child in local and international justice systems — to the detriment of victims, communities, and the child soldiers themselves.

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Faith, politics, and the undocumented

By Ananda Rose
The subject of illegal immigration continues to spark passionate debate across the nation, and as the 2012 election heats up, the issue can be expected to take a central role on the political stage. In a highly unusual turn of events, many religious groups — otherwise divided on social issues, such as gay marriage or abortion — have found themselves aligned in their support of immigrant rights, including brokering pathways to legality for the undocumented.

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Beyond Conventional Transitional Justice

By Reem Abou-El-Fadl
After former Egyptian President Hosni Mubarak was toppled in February 2011, the Supreme Council for the Armed Forces assumed executive power in Egypt, and launched the ‘transitional period.’ In the seemingly boundless space created by Mubarak’s absence, millions of citizens freely debated every aspect of the emerging political and social order, in public meetings, at home, in the media, and on the streets. It was a time of limitless imagination.

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Have you appointed your Privacy Officer yet?

By Lokke Moerel
The European Commission’s proposal for a new Data Protection Regulation represents a landslide in data protection law since the 1995 Privacy Directive came into force. Regulations, other than Directives, are directly applicable in the member states and will not require national implementation. The Commission announced its intention to finalise the legislative process before the end of 2012, after which the Proposed Regulation will take a further two years to come into effect.

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