Prudential Assurance Co. Ltd. v. London Residuary Body — The end of pragmatism or the beginning of reason?

Conclusion Whilst Lord Templeman seemed satisfied with the result of the decision in thePrudential case, Lord Browne-Wilkinson did not share his view. He said that the outcome of the case was unsatisfactory and did not accord with the agreement of the parties. He said No one has produced any satisfactory rationale for the genesis of this rule. No one has been able to point to any useful purpose that it serves at the present day and he urged the Law Commission to examine whether the rule should continue to operate in English law.The genesis of the rule was, it seems, satisfactorily described by Lord Templeman and its usefulness lies in the fact that it imposes a degree of certainty and reliability on the parties. Each knows from the outset what they have contracted for. Its failing lies in the fact that its operation, as Russell L.J. rightly pointed out, leads to a freely negotiated bargain being defeated. If the Law Commission does examine the rule then clearly the central issue will be the balancing of these two principles and which is to be given effect to. If the law wishes to see certainty and reliability in this area, then Lord Templeman's decision is undoubtedly welcome since the law was clearly in a state of flux and confusion before the case.     

Inner-city birth rates following enactment of the Minnesota parental notification law

An increase in birth rates to Minneapolis minors following the enactment of a parental notification law was examined. A well-publicized link between increasing birth rates and the law is shown to have been premature. Birth, abortion, and population data by age, race, and region suggest that the increasing birth rate in Minneapolis was not related to parental notification, but rather to a growing racial minority population.Preparation of this article was supported in part by an Aldeen Grant from Wheaton College. The authors wish to thank the Minnesota Center for Health Statistics, particularly James Wigginton and Carol Vargas, for their considerable work to provide birth, abortion, and population data in a form suitable for the current analysis. The authors also thank Americans United for Life for purchasing the data and providing them to the authors.     

From fiddle factors to networks of collusion: Charting the waters of small business crime

Small business crime has been largely ignored in American criminology; studies of nontraditional crime have focused mainly on corporate crime or on the misdeeds of employees pursuing personal gain. This paper calls for criminologists to redirect their efforts toward the systematic study of small business crime. In particular, it advocates in-depth qualitative studies that explore small business culture and opportunity structures, and that examine the networks of collusion that subvert the legitimate economy. The paper concludes with illustrations from an own story currently being shared with the author by a small businessman who participated for five years in an urban crime network that infiltrated the redistributive economy.     

The relation between technology import and domestic R&D

The relation between domestic R&D and imports of technology is examined for 10 countries. Simple regressions revealed strong complementarity for each of the countries. Multiple regressions including GNP per capita and number of scientists and engineers were performed for the five countries with time series for all the variables. Strong complementarity was found between technology imports and domestic R&D and other variables for Japan and South Korea, weak for France, none for Germany and the US. Excluding government-financed R&D in the US resulted in a substitutive relation. Japan revealed a sharp decline in the ratio of technology payments to R&D spending; Korea is following in its steps. Complementarity appears to weaken in later stages as technology development strategies shift from dependent to imitative to autonomous or offensive technology development.     

Transition from paper to paperless: DOD'S CALS system

When technology is transferred from one context to another, it is an established principle that innovation must take place. Even though a technology is well situated in one context, it must be adoptively redesigned for another. The sharper the difference in contexts, the greater the adaptation. This paper describes a program to transfer technology among a very diverse group of organizations: contractors to the US Department of Defense (DOD). Specifically, it describes how the technology of electronic communication, including electronic- data interchange (EDI), is being pursued by both the DOD and its supporters.     

R&D spinoffs: Serendipity vs. a managed process

This paper describes some of the spinoff benefits that can result from R&D projects, and categorizes them in terms of the dimensions of market and technical newness. These dimensions are discussed with reference to two types of spinoffs: 1) alternative market applications, when the results of an R&D project are subsequently applied to a market or use that differs from the originally intended application, and 2) second-generation technologies, when the technology that was the subject of an R&D project is significantly altered or enhanced in unanticipated ways through subsequent R&D. Examples from the Department of Energy's Energy-Related Inventions Program are integrated into the results of literature review to illustrate key concepts, including core technologies, degrees of market and technology newness, technology robustness, and the nature of connections linking spinoffs to prior R&D investments. The paper concludes by discussing spinoffs as a managerial strategy.     

Postmodern policy analysis: Discourse and identity in welfare policy

Postmodern inquiry into the discursive construction of identity has the potential to make a distinctive, democratizing contribution to public policy analysis. More so than conventional approaches, a postmodern policy analysis offers the opportunity to interrogate assumptions about identity embedded in the analysis and making of public policy, thereby enabling us to rethink and resist questionable distinctions that privilege some identities at the expense of others. Public policy analysis can benefit from postmodernism's emphasis on how discourse constructs identity. A review of postmodernism and postmodern approaches to interrogating identity is followed by an exercise in postmodern policy analysis. Social welfare policy in contemporary postindustrial America is shown to participate in the construction and maintenance of identity in ways that affect not just the allocation of public benefits, but also economic opportunities outside of the state. Mired in old, invidious distinctions (e.g., independent/dependent, contract/charity, family/promiscuity), welfare policy discourse today helps to recreate the problems of yesterday, particularly as a critical factor in reproducing women's poverty.