The chilling effect and the most ancient form of vengeance:discrimination and victimising third parties

The recent Equality Act 2010 includes a revised definition of “victimisation”, which (in the Act’s most litigated field of employment) prohibits employers from victimising workers who use the legislation. The underlying mischief should be the deterrent effect upon litigants, or potential litigants (the “chilling” effect). One particularly pernicious deterrent is the victimisation, not of the complainant, but of a third party, such as the complainant’s spouse, loved one, or friend, “the most ancient form of vengeance”. Yet the revised definition does not address the deterrent effect per se, and specifically excludes third party victimisation from its reach. This paper explores, first, why the deterrent mischief and the chilling effect should underpin the victimisation provision, so that it addresses third party victimisation, second, the potential of existing alternative solutions in domestic law; and third, the position EU law, and under the United States’ Civil Rights Act 1964. It concludes that the best existing solution lies in EU general principles, but for the sake of certainty, a simple amendment to the existing formula is required, which would solve the problem without any undue side-effects

Multiculturalism, compassion, and the law

This paper looks at multiculturalism from a legal perspective. We have in the West equality laws. We also have popular resistance to anything beyond equal treatment, which falls well short of delivering equality. For instance, the law recognizes that different people require different (not the same) treatment. Thus, apparently neutral practices that adversely affect a protected group are outlawed unless justified. In limited cases, the law also recognizes the problems of historic discrimination, just as wealth tumbles down the generations, so does disadvantage. The legal solution here of course is positive discrimination. Both ‘different treatment’ and positive discrimination attract negative populists headlines. This suggests that there is a duty on lawmakers (politicians and judges) to enlighten the general public as the purpose behind these laws. The track record is not good. Government ministers and judges quite brazenly attack these laws in search of populist headlines. Be it Teresa May’s absurd ‘cat’ story, or David Blunket’s ‘airy-fairy civil liberties’ attack, or his observation that foreign children were ‘swamping’ British schools, or the mantra by nearly all politicians that the ‘Essex Travellers’ ‘should obey the planning law like anyone else’. Laws passed to redress prejudice are undermined by those who make them. What should be done? This paper discusses how equality law can be made more effective. The thesis is that first, in complex societies so much disadvantage is invisible to an uninformed public. Second, human rights laws - especially equality laws - are rooted in compassion. People generally have a sense of compassion, especially for the underdog. This appears at odds with the resistance by ordinary (so presumably decent) people to the more ambitious discrimination laws. The reconciliation, it is argued, can be achieved by lawmakers delivering positive messages about equality law, its purpose, e.g. compassion for the underdog, and the plight of those most vulnerable whom the law seeks to help

Victimising third parties:the equality directives, the European convention on human rights, and EU general principles

This article highlights a problem which has troubled courts in the United States in recent years, and like most equality issues arising in US litigation, it is likely to trouble Europe's courts in due course. It concerns the victimisation provisions expressed in equality legislation, such as the Civil Rights Act 1964 (US), the EU Equality Directives, or the Equality Act 2010 (UK). The problem is that none of these are expressed to prohibit the victimisation of third parties, for instance, dismissing a spouse of a worker who brought a discrimination claim. This "most ancient form of vengeance" is designed to deter the worker from pursuing the claim, and will also deter others from complaining, "the chilling effect". This article identifies a variety of scenarios where a third party could be victimised, highlights the shortcomings in the equality Directives, and searches for solutions in EU law and the European Convention of Human Rights. It concludes that the best existing solution lies in EU general principles, but for the sake of certainty, a simple amendment to the existing legislative formulas is required, which would resolve the problem without any undue side-effects

Monitoring of nitrogen leaching on a dairy farm during four drainage seasons

peer-reviewedThe authors acknowledge funding from the Environmental Protection Agency and Teagasc under the 2000–2006 RTDI programme.The effect of four commonly used dairy farm management systems (treatments), on nitrogen leaching to 1 m was studied over a 4-year period from October 2001 to April 2005. The treatments were (i) grazed plots receiving dirty water, (ii) 2-cut silage plots receiving slurry, (iii) grazed plots and (iv) 1-cut silage plots receiving slurry. All plots had fertiliser N applied; the soil was free-draining overlying fissured limestone. Mean 4-year N input (kg/ha) was 319 and mean annual stocking density was ~2.38 LU/ha. The annual average and weekly NO3-N and NH4-N concentrations in drainage water were analysed for all years, using a repeated measures analysis. For the annual NO3-N data, there was an interaction between treatment and year (P < 0.001). There were significant differences (P < 0.05) in NO3-N concentrations between the treatments in all years except the third. For the NH4-N data there was no interaction between treatment and year or main effect of treatment but there were differences between years (P < 0.01). Mean weekly concentrations were analysed separately for each year. For NO3-N, in all years but the third, there was an interaction between treatment and week (P < 0.001); this occurred with NH4-N, in all 4 years. Dirty water was significantly higher than grazed-fertiliser only and 1-cut silage in NO3-N concentrations in 2001–02; in 2002–03, dirty water and 2-cut silage were significantly higher than the other treatments; while in 2004–05, dirty water and grazed-fertiliser only were significantly higher than the other two treatments. The overall 4-year mean NO3-N and NH4-N concentrations were 8.2 and 0.297 mg/L, respectively.Environmental Protection Agenc

The Regulation and Development of Bioremediation

The authors describe how federal statutes regulating hazardous wastes create both incentives and disincentives for exploiting the large potential of bioremediation. Ultimately, they argue for regulation attending more to comparative risks and costs

Russia’s natural resources in the world economy : history, review and reassessment

Russia’s role in the global economic system today, and the Soviet Union’s in the past, is dominated by the export of natural resources, particularly oil and gas. The rents earned from these exports are both a source of strength and weakness, as they link the fortunes of Russia’s domestic economy to the volatility of global resource markets. This paper returns to a major research project conducted through the offices of the Association of American Geographers that resulted in Soviet Natural Resources in the World Economy, published in 1983. The project was first conceived in the aftermath of the resource crisis in the 1970s and concluded in the early 1980s as the Soviet Union sought to increase resource exports to support a failing domestic economy. This paper examines the origins, evolution, and management of this seminal work and presents a re-reading of the book in a contemporary context. We develop some of the key themes of the original project and conclude that it has contemporary relevance, as a reliance upon the resource sector remains a defining characteristic of Russia’s political economy and continues to shape Russia’s role in the global economy. We find that the regional dimension that was so important in the original project remains critical as Russia seeks to extend the resource frontier into new regions in the Arctic and the East and, at the same time, reduce its reliance on European markets – that are both stagnant and hostile – by developing new markets in Asia

Has The Effect of Monetary Policy Announcements On Asset Prices Changed?

The Federal Reserve has relied increasingly on communication to implement monetary policy. In addition to setting an intermeeting target for the federal funds rate, the Federal Open Market Committee (FOMC)—the Federal Reserve’s principal policymaking body—conveys information about the likely future path of the federal funds rate. As the target funds rate reached its effective lower bound during the recent financial crisis—limiting its usefulness as a policy tool—the FOMC began to increase its use of forward guidance about the likely path of the federal funds rate. The greater use of forward guidance as a policy tool has focused attention on its effectiveness in influencing the real economy. A key gauge of the usefulness of policy guidance is the response of asset prices, the channel through which monetary policy is transmitted to the real economy. Changes in policy guidance affect the private sector’s expectations about the future path of the federal funds rate, and those expectations i

Effect of Agricultural Practices on Nitrate Leaching

Teagasc wishes to acknowledge with gratitude funding from the 2000-2006 EPA RTDI programme in financing this research project.End of project reportA farm-scale study, carried out at Teagasc, Moorepark (Curtin’s farm), examined the effect of four managements (treatments) on nitrate-nitrogen (NO3-N) leaching over the period 2001-`05. Leaching was measured in these treatments: (T1) plots receiving dirty water and N fertilizer which were grazed; (T2) 2-cut silage and grazing plots receiving slurry and fertilizer N; (T3) grazed plots receiving fertilizer N and (T4) 1-cut silage and grazing plots receiving slurry and fertilizer N. The soil is a free-draining sandy loam overlying Karstic fissured limestone. The mean direct N inputs (kg/ha) for T1-T4 in 2001-`04 were 311, 309, 326, 331, respectively, with stocking rates (LU/ha) of 2.12 - ~2.47. Eight ceramic cups per plot, in 3 replicate plots of each treatment, were used to collect water, on a weekly basis, from 1.0 m deep using 50 kPa suction. There were 33, 37, 26 and 24 sampling dates in the 4 years, respectively. The NO3-N and NH4-N concentrations (mg/l) were determined in the water samples. The annual average and weekly concentration of these parameters was statistically analysed for all years, using a repeated measures analysis. The aggregated data were not normally distributed. There was an interaction between treatment and year (p<0.001). Significant differences (p=0.05) in NO3-N concentrations showed between the treatments in years 1, 2, 4 but not in year 3. For the NH4-N data there was no interaction between treatment and year, p=0.12, or main effect of treatment, p=0.54 but there were differences between years, p=0.01. Mean weekly concentrations were analysed separately for each year. For NO3-N, in years 1, 2 and 4 there was an interaction between treatment and week (p<0.001). With NH4-N, there was an interaction between treatment and week in all 4 years. Dirty water was significantly higher than grazed and 1 cut silage in NO3-N concentrations in year 1; in year 2, dirty water and 2 cut silage were significantly higher than the other treatments while in year 4, dirty water and grazed were significantly higher than the other two treatments. The overall four-year weighted mean NO3-N and NH4-N concentrations were 8.2 and 0.297 mg/l. The NCYCLE (UK) model was adapted for Irish conditions as NCYCLE_IRL. The NCYCLE empirical approach proved to be suitable to predict N fluxes from Irish grassland systems in most situations. Experimental data appeared to agree quite well, in most cases, with the outputs from NCYCLE_IRL. The model was not capable of predicting data from some of the leaching experiments, which suggests that the observed leaching phenomena in these experiments could be governed by non-average conditions or other parameters not accounted for in NCYCLE_IRL. An approach that took into account denitrification, leaching and herbage yield would probably explain the differences found. NCYCLE_IRL proved to be a useful tool to analyse N leaching from grazed and cut grassland systems in Ireland.Environmental Protection Agenc

Hospitality IT: What Does the Future Hold?

The impact of information technology (IT) is far-reaching and driving dramatic shifts in business paradigms. Trends suggest greater adoption of IT will continue and develop at accelerating rates. Hence, hotel operators and executives must learn how to embrace IT and capitalize on the many capabilities it has to offer while minimizing the threats. The authors attempt to provide a sense of focus and a roadmap to help hoteliers understand the issues, see the future, and find an appropriate on ramp to the information superhighway