From environmental policy concepts to practicable tools: Knowledge creation and delegation in multilevel systems

The problem‐solving capacity and problem‐generating potential of multilevel systems entail the need for the delegation of authority. When the problem concerned is about how to put an abstract policy concept into a practicable policy tool, the choice of the respective delegation trajectory depends on the policy models or the policy‐relevant knowledge that the respective political levels can supply. When regarding the European Union (EU) level as the starting point of knowledge creation and delegation trajectories, and concentrating on transaction costs, policy knowledge and models generated at the international level provide the most cost‐effective solution. Only when the international level is not able to provide further policy knowledge and innovation does the EU delegate its definitional authority, first downward to the member states and then sideways to EU agencies. We illustrate the plausibility of our dynamic understanding of multilevel governance by using Environmental Policy Integration as an example.     

A conceptual replication of the Strategic Training Initiative in Community Supervision (STICS)

Objectives

This study was an attempt to replicate the findings from an earlier experimental evaluation of a probation officer training program by Bonta et al. (Criminal Justice and Behavior, 38: 1127–1148, 2011). An experimental design was used with an improvement in the random assignment of clients and was tested with a sample of probation officers from a new jurisdiction.

Methods

Probation officers from the Canadian province of Alberta were randomly assigned to training or probation-as-usual. Officer behavior was measured by audio recordings of supervision sessions and recidivism was defined as a new conviction within 2 years of the initial recording. Attrition resulted in 27 probation officers submitting audio recordings of supervision sessions over a 6-month period (15 in the experimental group and 12 in the control). There were 160 recordings of 81 probationers submitted.

Results

The audio recordings showed inconsistent changes in officer behavior and no differences in recidivism between the clients of the experimental and control probation officers. However, the use of cognitive techniques by the probation officers was associated with a longer time to recidivism. In addition, by 10 months, more than half of the trained officers stopped their involvement in ongoing professional development activities.

Conclusion

Although the study failed to replicate the major findings reported by Bonta et al., it did highlight the importance of cognitive techniques in officer training. The results are interpreted with respect to the replication literature and the difficulties inherent in direct and conceptual replications especially in real-world settings.

     

Article 81 Defence struck out in 'legitimate reasons' infringement action

In an action for trade mark infringement under s 12(2) TradeMarks Act 1994 to prevent the removal of label information andswing tags from premium brand clothing an Article 81 defencepleading hard-core anti-competitive covenants between the proprietorand his distributors was struck out for lack of nexus.     

Prolonged Armed Conflict and Diminished Deference to the Military: Lessons from Israel

We examine whether the level of deference shown by the Israeli Supreme Court to military decisions has changed over time by empirically analyzing the entire body of Supreme Court decisions in petitions against the military commander between 1990 and 2005. Setting forth a number of different factors that might generally affect the degree of deference to state agencies, we hypothesized that there would be a decrease in deference in the relationship between the Court and the military commander during the examined period. Our findings show that deference to the military commander has indeed diminished significantly. We argue that this is best explained by the continuation of the armed conflict (and its aftermath, namely, the routinization and increase in the number of petitions by the civilian population) and also—to some extent—by the rise of a substantive rule-of-law legal consciousness, central to which is the importance of human rights.