Smoke Free? Public Health Policy,Coercive Paternalism,and the Ethics of Long-Game Regulation

Contemporary public health advocacy promotes a ‘fifth wave of public health’: a ‘cultural’ shift wherein the public's health becomes recognized as a common good, to be realized through concerted developments in the institutional, social, and physical environments. With reference to examples from anti-tobacco policy, in this article I critically examine the fifth-wave agenda in England. I explore it as an approach that, in the face of liberal individualism, works through a ‘long-game’ method of progressive social change. Given the political context, and a predominant concern with narrow understandings of legal coercion, I explain how efforts are made to apply what are presented as less ethically contentious framings of regulatory methods, such as are provided by ‘libertarian paternalism’ (‘nudge theory’). I argue that these fail as measures of legitimacy for long-game regulation: the philosophical foundations of public health laws require a greater – and more obviously contestable, but also more ambitious – critical depth.     

Herceptin, Pharmac and the New Zealand District Health Boards: keeping abreast of the Code of Health and Disability Services Consumers' Rights?

In an era of resource limitations, the problem of matching public expectations with health care provision will always be difficult. In New Zealand there has been recent debate surrounding the potential funding by the Pharmaceutical Management Agency (PHARMAC) of an expensive chemotherapy agent called Herceptin (trastuzumab). Taking the proposed funding options in turn, this article looks at the obligations PHARMAC and the New Zealand District Health Boards might then be subject to with respect to the legislation and the Code of Health and Disability Services Consumers' Rights, and the impact this might have on a health system already subject to resource constraints.     

Mercy, death, and politics: An analysis of executions and commutations in New York State, 1935–1963

This study focuses on the 249 executions and the 49 commutations not based upon any policy per se of the New York State governors between the years 1935 and 1963. Clemency is an inherently political decision. Therefore, it is expected that groups which are disfavored or viewed as dangerous (blacks, males, felony murderers, and non-youthful offenders) will register higher execution rates than favored groups. Contingency tables and logistic regression analyses offer partial support in that offender race and age are significantly related to final disposition. A draft of this paper was presented at the annual meeting of the American Society of Criminology, Chicago, IL, 1996. The authors would like to thank Bill Doerner, C. Loftin, A. Lizotte, J. Acker and four anonymous reviewers for helpful comments on earlier drafts of this paper.     

Public health and the development of infant mortality in Germany, 1875–1930

The substantial increase in life expectancy over the past 150 years can largely be attributed to a drastic decline in infant mortality. In the continuing debate about the reasons for this development, recent research has focused attention on the role of public health. Since the 1870s in Germany, municipal and national public health strategies were launched. One major element of this policy was the fight against high infant mortality rates in urban areas. The establishment of municipal milk supplies and the creation of infant welfare centers attacked gastrointestinal disorders, the predominant cause of death among infants. This article investigates these developments in the largest German cities, particularly Düsseldorf, which is located in one of the most industrialized regions.     

Prosecuting in paradise – race,politics and the rule of law in Fiji

This article looks at the violent coup in Fiji in 2000 led by George Speight in which the multiracial Government of Mahendra Chaudhary was overthrown. The article gives an insider's account of a subsequent criminal trial of some senior political figures who had supported Speight, including the Vice-President of Fiji. They were charged with taking treasonous oaths of office to serve in a rebel Government under Speight at a time when the legitimate Head of State, President Ratu Sir Kamasisi Mara, was struggling to prevent the nation from descending into total chaos and anarchy. The article considers how the trial had important ramifications for the rule of law in this developing south Pacific nation.     

The Investigation and Trial of Criminal Offences in the New Century – The Need for a Radical Change

This is the text of the Liverpool Law Review Annual Lecture 1999. Mr. Justice Hooper speaks about the need for a radical reform of the practices and procedures and rules of evidence in the Criminal Courts in England and Wales. Radical reform is needed at all stages of the process including the investigation stage, the pre-trial stage and at the trial itself. Substantive law reform is also long overdue and there is a real need to consider a new approach by the adoption of a comprehensive criminal code. This revised version was published online in August 2006 with corrections to the Cover Date.     

Immigration and Crime in the New Destinations, 2000–2007: A Test of the Disorganizing Effect of Migration

Objectives

Drawing from a social disorganization perspective, this research addresses the effect of immigration on crime within new destinations—places that have experienced significant recent growth in immigration over the last two decades.

Methods

Fixed effects regression analyses are run on a sample of n = 1252 places, including 194 new destinations, for the change in crime from 2000 to the 2005–2007 period. Data are drawn from the 2000 Decennial Census, 2005–2007 American Community Survey, and the Uniform Crime Reports. Places included in the sample had a minimum population of 20,000 as of the 2005-07 ACS. New destinations are defined as places where the foreign-born have increased by 150 % or more since 1990 and with a minimum foreign-born population of 1000 in 2007.

Results

Results indicate new destinations experienced greater declines in crime, relative to the rest of the sample. Moreover, new destinations with greater increases in foreign-born experienced greater declines in their rates of crime. Additional predictors of change in crime include change in socioeconomic disadvantage, the adult-child ratio, and population size.

Conclusions

Results fail to support a disorganization view of the effect of immigration on crime in new destinations and are more in line with the emerging community resource perspective. Limitations and suggestions for future directions are discussed.

     

Do Androids Dream of Electric Free Speech? Visions of the Future of Copyright,Privacy and the First Amendment in Science Fiction

Science fiction authors have long projected the future of technology, including communication devices and the way in which future societies may use them. These visions of future technology, and their implications on the future of media law and policy, are explored in three areas in particular – copyright, privacy and the First Amendment. Themes examined include moving toward massively open copyright systems, problems of perpetual surveillance by the state, rights of obscurity in public places threatened by wearable and implantable computing devices, and free speech rights of autonomous machines created by humans. The essay concludes with a rebuttal to recent critics of legal scholarship by suggesting the value in exploratory, forward-looking research that examines the problems judges and policymakers may be addressing in the near and distant future.     

The sensitivity and specificity of the RSID™-saliva kit for the detection of human salivary amylase in the Forensic Science Laboratory,Dublin, Ireland

We demonstrate here that the RSID?-saliva test can be used as a test for human salivary α-amylase on samples routinely examined in forensic casework. We show that the RSID?-saliva test detects salivary α-amylase at lower concentrations than the Phadebas^® Quantitative test, that the RSID?-saliva test does not cross-react with forensically important human fluids and that the RSID?-saliva test can be successfully integrated into the whole swab semen extraction method.     

The Great Rabbit Massacre – A “Comedy of the Commons”? Custom, Community and Rights of Public Access to the Links of St Andrews

In the US courts and legal scholars have rediscovered the English doctrine of custom. In her essay ``The Comedy of the Commons: Custom, Commerce, and Inherently Public Property', Professor Carol Rose argues that customary uses of recreation lands should be upheld by courts because the highest value of such land is achieved by keeping them open to the public. Rose relies in her argument on the English doctrine of custom, but the doctrine of custom legitimates local not public use. British legal history, however, provides an example of such a ``public' common in the Links of St Andrews. In the case Dempster v. Cleghorn, the golfing public sought to vindicate their customary right to the maintenance of golfing ground as it had been ``in all times past'. This article examines the case of Dempster, and the consequent riot, and asks whether it was a ``comedy of the commons'. It concludes that despite ten years of litigation and the extirpation of the Dempsters' warrened rabbits, the case nevertheless is a ``comedy of the commons' that provides a model of the meditation of public use by local custom and community. This revised version was published online in August 2006 with corrections to the Cover Date.     

Analysing the application of Brussels I in regulating e-commerce jurisdiction in the European Union – Success,deficiencies and proposed changes

This article analyses the regulatory framework of e-commerce jurisdiction in the European Union (EU). Firstly, it discusses and analyses the current regime under the Brussels Regulation, highlighting its success in consumer protection and the deficiencies for e-commerce jurisdiction, which need to be addressed. Secondly, the article compares the EU regime with that of the United States (US). It is argued that the US courts follow uncertain and distinct approaches compared to the clear rules of the Brussels Regulation. Their present approach of minimum contacts analysis as followed in the Yahoo! case poses problems for a transnational EU litigant in similar cases. Thirdly, the article examines the recent proposals adopted by the European Commission to remedy the deficiencies in the Regulation. The most important change proposed is the inclusion of third-state defendants within its ambit. It is argued that the changes to be adopted by the European Parliament are insufficient, and the author therefore provides recommendations. Lastly, the article highlights the inability of the proposed changes to address the deficiencies identified by the discussion.     

‘No,buddy, I will not speak to the press – I am working!’: criminal justice and the interprofessional dynamics of communication production in the Chilean Public Prosecutorial Office

This article analyses the interprofessional dynamics of communication production in the criminal justice system. Through 26 in-depth interviews, we investigate the production of media information on prosecutorial work in Chile, tracking the relationships between internal communication agents, prosecutors, and external legal journalists. Previous scholarship has shown the success of police organizations in defining the content of crime communication based on asymmetrical power relations with the media. By contrast, our study reveals that legal journalists can bypass attempts to control the flow of information from the prosecutorial office and impose extra-organizational goals. Lawyers regularly dismiss the work of journalists, particularly those working as strategic communication advisors with prosecutors, but the asymmetrical relationship between the criminal justice agency and the media plays in favour of external legal journalists. Our article considers several explanations for this configuration, including interprofessional values, transactional relationships between journalists and prosecutors, and local legal culture.     

Lawyers,law schools and social change – defining the challenges of academic legal education in the late modernity

This article argues that due to their position and task in society, legal professionals are confronted with specific difficulties connected to contemporary circumstances. To outline these circumstances, this article draws on the work of Ulrich Beck and Zygmunt Bauman and places both theories within the late modernity. Lawyers need to be able to deal with the difficulties late modernity poses and are therefore in need of appropriate knowledge and skills. Law schools should offer relevant schooling so that their students are equipped to deal with the difficulties confronting them in late modernity’s society. This article offers a first inquiry into the challenges that lawyers currently face, alongside anticipating alteration of academic law school programs by clarifying the challenges caused by two societal processes in late modernity, namely (1) the increase of technological possibilities and, simultaneously, the demystification of science; and (2) globalization. These processes lead to a complex society ruled by uncertainty that faces the challenge of allocating responsibility. In addition, some initial suggestions are presented regarding the conceivable adjustments to academic legal education in late modernity.     

The limits of policy: Rural children and work in the United States and New Zealand, 1870–1920

This article uses public documents and first-hand accounts of late 19th and early 20th centuries child life to examine attempts by public policymakers in the United States and New Zealand to change the quality of rural child life in those countries through compulsory schooling and other related measures. These attempts, however, largely failed due to the demands of the farming economy and the unwillingness of public officials to go to extraordinary lengths on behalf of farm children, as opposed to urban children. Rural children's lives would be changed, not by policy, but by technological developments and the vagaries of the farm economy.     

Epistemology,Logic and Metaphysics in Pre-Modern India: New Avenues for the Study of Navya-Nyāya

Journal of Indian Philosophy -