Scottish legal education after Brexit

ABSTRACT

This paper offers some reflections on the possible consequences of Brexit for legal education in Scotland. Scotland’s small and distinctive legal system is bolstered by devolved legislative powers and characterised by a tradition of openness to external influences. Scotland’s legal system and relatedly, its legal education system, will be poorer for Brexit. That said, this paper argues that the features and traditions of the legal system and legal higher education system in Scotland make them well placed (and perhaps better placed than those in the other domestic jurisdictions) to resist such dampening pressures and indeed to embrace EU legacies and other European and international influences.     

Fragility within stability: the state,the clan and political resilience in Somaliland

Abstract

Even in the context of a relatively flourishing state, fragility can be an enduring feature of a political system, particularly in the case of recently established or unrecognised states. This article examines the nature of state-building in a specific context to question the assumption that forms of hybrid governance or pre-existing forms of governance are a necessary evil to be tolerated but which needs ultimately to be overcome during state-building. It does this by adopting the language of resilience and focusing on the case of Somaliland to highlight the role of clan governance as a mechanism of political resilience and as a means of promoting the flexibility required for state-building. Yet, at the same time, the process of state-building often involves formalising governance and limiting the role of traditional social-political forms of governance such as clans, ignoring their role in legitimating and stabilising the political system. However, as this article argues, stability and fragility are inextricably linked; while the clan system has been an important force in stabilising the state, it has also become a pressure point for the state’s latent fragility. By contextualising fragility and stability within the language of resilience, though, this symbiotic relationship can be better analysed.     

“I’m totally transariffic”: Exploring how Transgender and Gender-expansive Youth and Young Adults Make Sense of their Challenges and Successes

As transgender and gender-expansive (TGE) youth and young adults (YYA) navigate challenging environments, they often seek spaces for safety and acceptance. This study explores ways in which a group of TGE YYA who were engaged with a community-based service organization make sense of their experiences, challenges, and successes in ways that illuminate the factors and processes associated with resilience. Secondary data analysis was conducted on qualitative responses from 85 TGE YYA ages 13–24. The themes that emerged provide insight into the ways community-based programs and providers can understand and support the resilience of TGE YYA.     

Sexual Assault Policies and Consent Definitions: A Nationally Representative Investigation of U.S. Colleges and Universities

ABSTRACT

Campus sexual assault (SA) policies and sexual consent definitions have not been widely studied. The study team conducted a nationally representative review of college and university websites (n = 995), assessing the prevalence of publicly accessible online policies and definitions and examining associations with school characteristics. A content analysis was performed on a subsample (n = 100) of consent definitions. Most schools (93.0%) had an SA policy and consent definition (87.6%) available online. Schools were more likely to have a policy or consent definition if they were large (≥5,000 students), public, or had a female enrollment of ≥33%. Detail and comprehensiveness of definitions varied. Findings highlight opportunities for schools—especially small schools, private schools, and those with more male students—to increase access to SA policies and consent definitions.     

The artist as a medium and the artwork as metaphor in Murakami Haruki’s fiction

Abstract

In many of Murakami Haruki’s works, the protagonist is in a profession close to the world of literature, although usually not exactly a writer. In their role as translators, advertising copywriters, journalists, or editors, Murakami’s protagonists are invested with the task of rearranging fragments of reality into narrative or artistic form, and/or of transmitting a message. This process is emotionally charged, often involving a supernatural dimension. While the process of reconstructing a narrative is largely unconscious, the narrator’s choice to act in this capacity is deliberate, and is presented as a way of fulfilling his responsibility towards others. I read this element as an expression of Murakami’s vision of the role of a writer in society. The figure of the artist-narrator takes an interesting form in Kishidanchō-Goroshi (Killing Commendatore, 2017), where the protagonist, a visual artist specialising in realistic portraits, decides to pursue a more creative approach to painting that leads him to a series of supernatural adventures. Through a close reading of the novel, this article investigates how Murakami’s portrayal of the artist as a shaman-like figure functions like a metaphor for the role of the literary author as a catalyst that enables people to connect with their inner self and with each other.     

Coronial Inquests,Indigenous Suicide and the Colonial Narrative

Critical Criminology - This article explores the over-representation of Indigenous people in suicide statistics internationally as indicative of the broader impacts of colonialism. The purpose of...     

For Safety or Profit? How Science Serves the Strategic Interests of Private Actors

Science is central to the regulation of risk. But who provides the science on which risk regulations are based? Through an in-depth empirical analysis of domestic health and safety standards, this article shows how private actors use scientific information to acquire preferential outcomes. I develop a formal model delineating conditions under which firms will seek stricter standards on their own products, and I reveal how companies can acquire these outcomes through the strategic provision of information. To test the theory, I track changes to U.S. agrochemical standards over a two-decade period. I also introduce firm-level petition data and historical evidence to test the mechanism directly. My findings provide new insight into the strategies companies use to benefit from regulations, while also forcing us to reevaluate what it means for regulations to be based on science.     

Does Medicare Coverage Improve Cancer Detection and Mortality Outcomes?

Medicare is a large government health insurance program in the United States that covers about 60 million people. This paper analyzes the effects of Medicare insurance on health for a group of people in urgent need of medical care: people with cancer. We used a regression discontinuity design to assess impacts of near-universal Medicare insurance at age 65 on cancer detection and outcomes, using population-based cancer registries and vital statistics data. Our analysis focused on the three tumor sites for which screening is recommended both before and after age 65: breast, colorectal, and lung cancer. At age 65, cancer detection increased by 72 per 100,000 population among women and 33 per 100,000 population among men; cancer mortality also decreased by nine per 100,000 population for women but did not significantly change for men. In a placebo check, we found no comparable changes at age 65 in Canada. This study provides the first evidence to our knowledge that near-universal access to Medicare at age 65 is associated with improvements in population-level cancer mortality.     

Do You Wish to Prosecute the Person Who Assaulted You?: Untested Sexual Assault Kits and Victim Notification of Rape Survivors Assaulted as Adolescents

In jurisdictions across the country, sexual assault kits (SAKs) have not been consistently submitted for testing and many cities are now submitting large quantities of SAKs for forensic DNA testing. As a result, some survivors will be asked to re-engage with the criminal justice system, a process that may raise complex issues for victims who were adolescents at the time of their assaults. The authors examine the experiences of 15 adolescent victims whose SAKs were not tested, and their decision-making pathways regarding reengagement with the criminal justice system years after the initial investigation. Findings reveal that characteristics of the initial assault, victim-blaming experiences, and the social support appear to be related to the decision to re-engage with law enforcement years after the initial assault. Implications for future research and practice are discussed.     

State,Society, and Informality in Cities of the Global South

Contemporary urbanization in the Global South merits greater attention from scholars of comparative politics. Governance, associational life, and political behavior take distinctive forms in the social and institutional environments created by rapid urbanization, particularly within informal settlements and labor markets. In this special issue, we examine forms of collective action and claims-making in these spaces. We also consider how the state assesses, maps, and responds to the demands of informal sector actors. Tackling questions of citizen and state behavior in these informal urban contexts requires innovative research strategies due to data scarcity and social and institutional complexity. Contributors to this symposium offer novel strategies for addressing these challenges, including the use of informal archives, worksite-based sampling, ethnographic survey design, enforcement process-tracing, and crowd-sourced data.