Are Public-Led Arts Incubating Programs a Double-Edged Sword? A Case Study of the Arts Council Korea’s Performing Arts Grant Program

A nation’s cultural policy is derived from its political and governance history, and its past practices. Taking the genealogical traits of South Korean cultural policies into account, the authors examine the contributions and risks of a public-led arts incubator program. One of the Arts Council Korea’s grant programs in the arts-incubating structure was involved with a public funding scandal of political intervention during the grant review process. Consequently, questions were raised about the current bureaucratic system for cultural policy. This article discusses the legitimacy of state intervention in the arts, and analyzes the case with relevant collected documents and interviews.     

Can APB 2000 Be Used to Discern Sincerity of Effort in Unimpaired Subjects from Maximal Performance in Subjects with Shoulder Pain?

The automated pegboard (APB 2000), which has been found to objectively quantify motor performance, was used to differentiate maximal motor performance among subjects with shoulder pain, healthy unimpaired subjects performing normally and also while feigning shoulder pain. Six participants with shoulder pain and 15 healthy unimpaired individuals participated. Individuals with shoulder pain were tested on the APB 2000 using their affected upper extremity. Unimpaired participants were instructed to perform normally on the test with randomly selected upper extremity and to feign shoulder pain with the other upper extremity. The two tests for the unimpaired participants were conducted 1 week apart. There were significant differences in mean performance time for normal, patient, and feigned performance, with 80, 111, and 149 sec for the three groups respectively (p < 0.0005). There was also considerable overlap in the three distributions of performance times. These preliminary findings suggest that the APB 2000 is able to distinguish performance time between these three groups. Whether it can be used to distinguish between maximal performance and submaximal performance in individuals suspected of submaximal performance requires further study.     

Predicting State Police Officer Performance in the Field Training Officer Program: What Can We Learn from the Cadet’s Performance in the Training Academy?

This paper examines the influence of the state police law enforcement academy on the performance of commissioned officers in the field training officer (FTO) program in a state in the Southeastern region of the United States. The police training academy is paramount in preparing cadets for the roles, responsibilities, and activities that graduates assume independently in the field. As such, it is important to understand the value added to future performance in the field through adequate preparation in the training academy. This study analyzes a sample of officers in the Southeastern region of the United States and explores the relationship between their performance as cadets in the academy and their performance as commissioned officers in the field training officer program. Through stepwise regression, the researcher concluded that the law enforcement training academy accounts for 10% of the performance variance of newly commissioned officers in the field officer training program. The researcher recommended further analysis of the law enforcement curriculum and of the field training officer program. This research should focus on the specific goals and objectives of the FTO program to ensure that the curriculum taught in the academy is properly aligned with the performance measures of the FTO program.     

‘All Wrong in Point of Political Economy’: Attempting to Salvage the Oikos from the Polis in Bleak House

Law and Critique - This paper proposes that Dickens’s Bleak House is symptomatic of a so-called social realm, in which neither oikos nor polis exists as a distinct, autonomous entity;...     

Who Can Deviate from the Party Line? Political Ideology Moderates Evaluation of Incongruent Policy Positions in Insula and Anterior Cingulate Cortex

Political polarization at the elite level is a major concern in many contemporary democracies, which is argued to alienate large swaths of the electorate and prevent meaningful social change from occurring, yet little is known about how individuals respond to political candidates who deviate from the party line and express policy positions incongruent with their party affiliations. This experiment examines the neural underpinnings of such evaluations using functional MRI (fMRI). During fMRI, participants completed an experimental task where they evaluated policy positions attributed to hypothetical political candidates. Each block of trials focused on one candidate (Democrat or Republican), but all participants saw two candidates from each party in a randomized order. On each trial, participants received information about whether the candidate supported or opposed a specific policy issue. These issue positions varied in terms of congruence between issue position and candidate party affiliation. We modeled neural activity as a function of incongruence and whether participants were viewing ingroup or outgroup party candidates. Results suggest that neural activity in brain regions previously implicated in both evaluative processing and work on ideological differences (insula and anterior cingulate cortex) differed as a function of the interaction between incongruence, candidate type (ingroup versus outgroup), and political ideology. More liberal participants showed greater activation to incongruent versus congruent trials in insula and ACC, primarily when viewing ingroup candidates. Implications for the study of democratic representation and linkages between citizens’ calls for social change and policy implementation are discussed.     

Rethinking the notion of hosting in the aftermath of Delfi: Shifting from liability to responsibility?

Liability of Internet intermediaries for a third-party content is a complex topic, especially with regards to the storage of illegal or harmful postings offered by portals. The E-Commerce Directive offered a liberal framework for handling such cases, provided that a hosting service provider has not played an active role in content management. Being passive turned out to be the key precondition for immunity under safe harbour provisions. Yet, after the Delfi ruling the legal landscape has changed radically. Although the judgment of the Strasbourg tribunal has been dismissed in some jurisdictions as an error or one-off case, the truth is that it took into account acquis communautaire and imposed liability on the news portal, which followed the guidelines of Google France and eBay rulings. Given the lack of predictability of the current legal framework, the aim of this contribution is to offer a deep-dive into the notion of hosting from a technical perspective in order to better understand why Articles 14–15 of the E-Commerce Directive may require a re-examination. It is also submitted that portals and other online service providers relying on a broad construction of safe harbours should be entitled to Good Samaritan protection akin to section 230 of the American Communications Decency Act in order not to hold them liable for being active in fighting hate speech and other forms of illegal and harmful conduct.     

Adding Value to an Arena Legislature? A Preliminary Examination of Topical Debates in the British House of Commons

The introduction of the topical debate mechanism in the autumn of 2007 sought to enhance the contemporary nature of debate in the British House of Commons and to increase opportunities for the participation of backbench MPs. Though experimental in the first instance, these debates have since become an entrenched feature of parliamentary life. This note seeks to assess the impact of topical debates on a legislature which has long been characterised by the strength of its plenary sessions. Analysis of the topical debates held during the 2007–08 parliamentary session demonstrates that topic selection has indeed been broad, examining issues of both national and constituency concerns. Whilst there has been no extraordinary change in the House, the use of topical debates by backbench opposition MPs in particular is significant and has the potential to add considerable value to the House of Commons as an arena legislature.     

Can Law Account for the Past? Law and the Road from Oblivion to Memory

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

What Can We Expect to Gain from Reforming the Insolvent Trading Remedy?

This paper argues that reform of the wrongful trading remedy in section 214 of the Insolvency Act 1986 is unlikely to yield significant increases in civil recovery for creditors of insolvent companies. The paper argues that the widely held view that procedural restrictions in the provision have unduly limited the application of the remedy are without foundation and, likewise, that there is little evidence that current modest levels of litigation under the provision demonstrate underperformance in the sanction relative to the scale of the misconduct against which it is directed. The paper draws on a wide range of analytical and empirical evidence to argue that the scope for application of the sanction is inherently limited by factors independent of the particular rules within the statutory remedy.     

Shortcomings in the Operation and Coordination of Witness Protection in Australia. Where to from Here?

Criminal Law Forum - Witness protection in Australia has, to date, been less than successful in implementation and execution. An ad hoc system of Commonwealth and state/territory witness protection...     

Can we handle the truth? Legal fictions in the determination of death

Advances in life-saving technologies in the past few decades have challenged our traditional understandings of death. People can be maintained on life-support even after permanently losing the ability to breathe spontaneously and remaining unconscious and unable to interact meaningfully with others. In part because this group of people could help fulfill the growing need for organ donation, there has been a great deal of pressure on the way we determine death. The determination of death has been modified from the old way of understanding death as occurring when a person stops breathing, her heart stops beating, and she is cold to the touch. Today, physicians determine death by relying on a diagnosis of total brain failure or by waiting a short while after circulation stops. Evidence has emerged that the conceptual bases for these approaches to determining death are fundamentally flawed and depart substantially from our biological and common-sense understandings of death. We argue that the current approach to determining death consists of two different types of unacknowledged legal fictions. These legal fictions were developed for practices that are largely ethically legitimate but need to be reconciled with the law. However, the considerable debate over the determination of death in the medical and scientific literature has not informed the public of the fact that our current determinations of death do not adequately establish that a person has died. It seems unlikely that this information can remain hidden for long. Given the instability of the status quo and the difficulty of making the substantial legal changes required by complete transparency, we argue for a second-best policy solution of acknowledging the legal fictions involved in determining death. This move in the direction of greater transparency may someday result in allowing us to face squarely these issues and effect the legal changes necessary to permit ethically appropriate vital organ transplantation. Finally, this paper also provides the beginnings of a taxonomy of legal fictions, concluding that a more systematic theoretical treatment of legal fictions is warranted to understand their advantages and disadvantages across a variety of legal domains.     

Can Online Courts Promote Access to Justice? A Case Study of the Internet Courts in China

The right to access the courts is a basic human right in civilised societies, but the current legal system is unfriendly and often unaffordable for the victims of e-commerce disputes and copyright infringements seeking access to justice. Therefore, how to design a judicial system that is more accessible for the aforementioned victims has become a critical legal point of contention in the digital economy era. In particular, it is not easy to provide solid evidence of consumer disputes or copyright infringements on the Internet because the electronic evidence stored on the current centralised database has data security and trust problems. In response to this challenge, China established three Internet Courts in 2017 to move dispute resolution for e-commerce disputes and copyright infringements from the physical courts to the Internet. All the proceedings in these Internet Courts are conducted on the Internet, so the time and expenses of the litigants can be largely reduced. Most notably, these Internet Courts accept the use of blockchain as a method of securing evidence, to overcome the risks that evidence stored on the Internet can be hacked or falsified. The notion of an Internet Court, which substantially enhances popular access to justice, is a significant judicial innovation. It is of special significance for those lawsuits with small value claims and online evidence, and in which the parties are separated by long distances. However, these Internet Courts leave much to reflect on, including whether due process can be guaranteed, whether public trial can be fully implemented, and whether blockchain-based evidence is absolutely admissible. Even so, this article argues that true justice is not only to pursue absolute correctness of judgements, but that true justice should also strike a balance between the correctness and efficiency of trials. For this reason, Internet Courts may yet establish a new judicial paradigm to pursue a balance between correctness, time, and cost.     

The Merowe Dam Project – When Does the Coin Flip from Legal Business Activity to Criminal Behavior? Reflections on the Concept of Guarantor’s Liablity in the Context of Transnational Business Activities

The individual liability of corporate officers for crimes that are often framed as transnational human rights abuses is much debated. While it seems that some standards of liability are developing in the field of international criminal law, standards of criminal liability in cases where the alleged crimes do not amount to international crimes remain to some extent unclear. This article will examine a concrete case that was investigated by the Frankfurt/Main prosecutor’s office. Additionally, it will be considered whether international soft law standards on corporate human rights due diligence have an influence on how the existing standards of guarantor’s liability, and especially that of principals (Geschäftsherrenhaftung), are to be interpreted in these cases.     

Can the Body Change the Score? Application of Sensory Modulation Principles in the Treatment of Traumatized Adolescents in Residential Settings

There is a compelling need for varied “trauma specific” treatment models for children and adolescents with complex trauma in residential treatment whose affect and behavioral dysregulation disrupts daily living and impedes treatment engagement. This conceptual paper introduces exploratory applications of sensory motor approaches to the treatment of affect and behavioral dysregulation. Sensory Integration, a specialization within occupational therapy (Ayres 1972, 2004) provides knowledge of the sensory motor systems and strategies for sensory modulation that addresses arousal regulation, which underlies this dysregulation. The article describes three clinically supported approaches to the use of sensory modulation in residential treatment sites: use of sensory rooms; use of sensory integration occupational therapists at residential treatment sites; and a trauma psychotherapy that utilizes sensory motor strategies to improve regulation and support trauma processing.     

Can Handedness be Determined from Skeletal Remains? A Chronological Review of the Literature

Abstract: Research indicates that considerable bilateral asymmetry exists in the skeletons of primates, including humans. The published literature suggests that although this asymmetry may be influenced by handedness, it reflects other factors as well. Although exact statistics of handedness in the modern population are not available because definitions of handedness vary greatly, it is known that we live in a predominantly right‐handed world. This knowledge makes the determination of handedness in forensic cases not as paramount in importance as other determinations. Review of the published scientific evidence clearly reveals that observations and measurements of the human skeleton cannot determine handedness with the degree of confidence needed for forensic applications.     

Can a machine be used to replicate the biomechanics of human stabbing performance?

A human performance trial was conducted where the stabbing actions of 40 participants were investigated. A range of factors were assessed such as the action used when the blade shape and familiarity of the knife changed. A qualitative evaluation of these factors was presented in an earlier paper to precede the analysis of quantitative kinematic data in this paper. The data from participants was then compared to that obtained from a stabbing machine.A motion analysis system was used to measure parameters such as the joint angular displacement and absolute linear velocity at impact. Motion data was collected using a 12-camera Vicon MX motion analysis system. Results indicated that the mean absolute linear velocity of overarm stabbing actions was consistently higher than the underarm actions.Forensic textile damage examinations often involve testing of edged weapons by manually performing stabbing actions. An underlying fundamental limitation of manual simulation experiments is the natural variation inherent in human performance. Sufficient control measures can be implemented to successfully use manual simulation experiments in forensic testing and therefore this is the accepted practice. However, performance can be improved using a stabbing machine. A custom-built instrumental stabbing device has been shown to operate within the same parameters of the human participants and is therefore suitable for use in casework.     

The applicability of riparian rights doctrine in Botswana: the judicial refusal to depart from the common law principles?

At independence, a semi-dessert Botswana did not have developed water law besides the common law. The newly independent state of Botswana passed the first post-colonial water legislation a year after gaining independence. This article argues that even though the Water Act grants ownership of water sources to the State, the common law riparian rights remain intact. This article argues that the courts of Botswana are reluctant to depart from the common principles of land and water law derived from South Africa notwithstanding a change of water law in that jurisdiction.