The Bermuda Islands blow ‘sweet & sour’ on employers’ liability for Internet libel

The Bermudian Supreme Court (at first instance) recently ruled in Bermuda Restaurants Limited (t/a “Chopsticks”) v. Jonathan Daspin and ConvergEx Global Markets Ltd. (Civil Jurisdiction 2008: No. 134 (to be reported)) on the issue of whether an employer (here, a company) should be held liable for an allegedly libellous email publication by its employee, the managing director. The Judge was asked by the employer company to determine two issues of law which exposed the company and which centred on its vicarious liability for its employee's actions, including whether the use of the company's email system, during working hours, made it complicit in the publication. The Court held, applying principles of English and Canadian law, that the company was not vicariously liable and by extension that it was not the email's publisher.     

Managing governance complexity and knowledge networks in transparency initiatives: the case of police open data

Public organisations are often described as being subject to types of complexity that result from the interorganisational structure of governance networks. Transparency programmes add another level of complexity due to increased information openness. However, neither the nature of this complexity nor the network management approaches needed for transparency programmes has been conceptually developed. To address this gap, this article brings together governance complexity theory and knowledge management theory. An empirical model is tested using the case of police open data with regression analysis and 22 expert interviews. The results show that institutional and environmental complexity such as budget pressures, legal-normative constraints, and task complexity exert a negative influence on police information openness. However, network knowledge management practices including developing mission focus on people and communication and overcoming organisational boundaries through interorganisational collaboration can counteract these problems of complexity.     

Dis-Assembly Lines: gestures,situations, and surveillances

In “Americanism and Fordism,” Antonio Gramsci offers a brief meditation on the gestural performances of assembly-line workers who, rather than become subordinate to the disciplinary flow of the machine, cultivate perfectly timed gestures that allow workers to hide in plain sight: or, in other words, to inhabit the scene of management otherwise. Rather than extend Gramsci's investment in virtuosic, masterful performances of gesture, this article considers the potentiality of gesture through Lucille Ball's and Tehching Hsieh's performances of bad timing. As different as these performances are in terms of genre and historical situation, each uses gesture as a technique to performatively divide the labor process, producing fleeting temporalities of waste within rhythms marshaled toward production and accumulation. While it tracks the effects of these itinerant gestures, this article reconsiders the oppositions between productive and reproductive work, rationality and emotionality, and work and home that sustain Gramsci's theory, as well as how the collapse of such oppositions introduces alternative historical and artistic trajectories into theories of precariousness.     

Internalizing Symptoms: Effects of a Preventive Intervention on Developmental Pathways from Early Adolescence to Young Adulthood

This study examined the mediated and moderated effects of a universal family-focused preventive intervention, delivered during young adolescence, on internalizing symptoms assessed in young adulthood. Sixth grade students (N=446; 52% female; 98% White) and their families from 22 rural Midwestern school districts were randomly assigned to the experimental conditions in 1993. Self-report questionnaires were administered at seven time points (pre-test to young adulthood-age 21) to those receiving the Iowa Strengthening Families Program (ISFP) and to the control group. Results showed that growth factors of adolescent internalizing symptoms (grades 6-12) were predicted by ISFP condition and risk status (defined as early substance initiation). Moderation of the condition effect by risk status was found, with higher-risk adolescents benefitting more from the ISFP. Results also supported the hypothesis that the ISFP's effect on internalizing symptoms in young adulthood was mediated through growth factors of adolescents' internalizing symptoms; risk moderation, however, was only marginally significant in young adulthood. The relative reduction rate on clinical or subclinical levels of young adult internalizing symptoms was 28%, indicating that for every 100 young adults displaying clinical or subclinical levels of internalizing symptoms from school districts not offering an intervention, there could be as few as 72 displaying those levels of symptoms in school districts that offered middle school prevention programming. These findings highlight how the positive effects of family-focused universal interventions can extend to non-targeted outcomes and the related potential public-health impact of scaling up these interventions.     

Is Educational Achievement a Turning Point for Incarcerated Delinquents Across Race and Sex?

Research has linked the role of education to delinquency, but much of the focus has been on general population samples and with little attention to demographic differences. Employing a cumulative disadvantage framework that integrates elements of informal social control and labeling theories, this article examines whether academic achievement serves as a positive turning point and re-directs juvenile delinquents away from subsequent offending. Attention is also given to race/sex contingencies. Using a sample of 4,147 delinquents released from Florida correctional institutions (86% male, 57% non-White, average age at release = 16.8 years), propensity score analysis yielded two findings: youth with above average academic achievement while incarcerated were significantly more likely to return to school post-release, and youth with above average attendance in public school were significantly less likely to be re-arrested in the 1-year post-release period. While the academic gains were pronounced among African-American males, the preventive effects of school attendance are similar across race and sex, suggesting that education can be a part of a larger prevention effort that assists juvenile delinquents in successful community re-entry.     

The nature of political advising to prime ministers in Australia,Canada, New Zealand and the UK

Political advisors to heads of government occupy such a privileged sphere of influence that their role is a source of consternation among democratic idealists. Interviews with advisors to prime ministers of Australia, Canada, New Zealand and the UK inform a small body of comparative literature about political advising in the Commonwealth. The authors find that first ministers consider input from many advisors and therefore the counsel of any one advisor is of limited impact. Further research is needed to understand the extent to which these agents project the power of the executive office and make decisions on the principal's behalf.     

Age and the Explanation of Crime, Revisited

Age is one of the most robust correlates of criminal behavior. Yet, explanations for this relationship are varied and conflicting. Developmental theories point to a multitude of sociological, psychological, and biological changes that occur during adolescence and adulthood. One prominent criminological perspective outlined by Gottfredson and Hirschi claims that age has a direct effect on crime, inexplicable from sociological and psychological variables. Despite the attention this claim has received, few direct empirical tests of it have been conducted. We use data from Pathways to Desistance, a longitudinal study of over 1,300 serious youthful offenders (85.8 % male, 40.1 % African-American, 34.3 % Hispanic, 21.0 % White), to test this claim. On average, youths were 16.5 years old at the initial interview and were followed for 7 years. We use multilevel longitudinal models to assess the extent to which the direct effects of age are reduced to statistical and substantive non-significance when constructs from a wide range of developmental and criminological theories are controlled. Unlike previous studies, we are able to control for changes across numerous realms emphasized within differing theoretical perspectives including social control (e.g., employment and marriage), procedural justice (e.g., perceptions of the legitimacy and fairness of the legal system), learning (e.g., gang membership and exposure to antisocial peers), strain (e.g., victimization and relationship breakup), psychosocial maturity (e.g., impulse control, self-regulation and moral disengagement), and rational choice (e.g., costs and rewards of crime). Assessed separately, these perspectives explain anywhere from 3 % (procedural justice) to 49 % (social learning) of the age-crime relationship. Together, changes in these constructs explain 69 % of the drop in crime from ages 15 to 25. We conclude that the relationship between age and crime in adolescence and early adulthood is largely explainable, though not entirely, attributable to multiple co-occurring developmental changes.