The impact of “empirical facts” on legal scholarship and legal research training

Lawyers have traditionally viewed law as a closed system, and doctrinal research has been the research methodology used most widely in the profession. This reflects traditional concepts of legal reasoning. There is a wealth of reliable and valid social science data available to lawyers and judges. Judges in fact often refer to general facts about the world, society, institutions and human behaviour (“empirical facts”). Legal education needs to prepare our students for this broader legal context. This paper examines how “empirical facts” are used in Australian and other common law courts. Specifically, the paper argues that there is a need for enhanced training in non-doctrinal research methodologies across the law school curriculum. This should encompass a broad introduction to social science methods, with more attention being paid to a cross-section of methodologies such as content analysis, comparative law and surveys that are best applied to law.     

Yesterday's war; tomorrow's technology: peer commentary on ‘Ethical,legal, social and policy issues in the use of genomic technologies by the US military’

A recent article by Maxwell J. Mehlman and Tracy Yeheng Li, in the Journal of Law and the Biosciences, sought to examine the ethical, legal, social, and policy issues associated with the use of genetic screening and germ-line therapies (‘genomic technologies’) by the US Military. In this commentary, we will elaborate several related matters: the relationship between genetic and non-genetic screening methods, the history of selection processes and force strength, and the consequences and ethics of, as Mehlman and Li suggest, engineering enhanced soldiers. We contend, first, that the strengths of genomic testing as a method of determining enrollment in the armed forces has limited appeal, given the state of current selection methods in the US armed forces. Second, that the vagaries of genetic selection, much like other forms of selection that do not bear causally or reliably on soldier performance (such as race, gender, and sexuality), pose a systematic threat to force strength by limiting the (valuable) diversity of combat units. Third, that the idea of enhancing warfighters through germ-line interventions poses serious ethical issues in terms of the control and ownership of ‘enhancements’ when members separate from service.     

Justice on the line? A comparison of telephone and face-to-face advice in social welfare legal aid

This paper investigates the impact on legal advice of the major shift to telephone-only services in social welfare legal aid, which took place in April 2013. An empirical study comparing telephone and face-to-face advice reveals that face-to-face contact has considerable advantages in the advice interview. Based on interviews and observations with housing law clients, their lawyers and advisers, the findings of this qualitative study demonstrate that clients and lawyers often find it easier to express themselves and understand each other face-to-face. The face-to-face interview benefits from features including the stronger emotional connection between lawyer and client, non-verbal communication, more expansive conversation and the greater ability to consult and confer over documents. Telephone-only advice may be suitable for some more capable clients and uncomplicated matters, but this qualitative research shows that vulnerable clients are more likely to be adversely affected by the potential disadvantages of telephone-only contact. Clients with more complex social needs or with more serious or urgent cases are better served by face-to-face advice. The findings of this research should inform the LASPO review and future priorities for legal aid funding.     

The legal form of labour conflicts and their time persistence: an empirical analysis with a large firms’ panel

Using a panel of large firms from Spain, we check the relative time persistence of different types of labour conflicts such as strikes, collective conflicts, lockouts and other conflicts with lost working hours but with no specific legal form. The results show that no legal form labour conflicts do not have long-term persistence (only from quarter to quarter), and the other types of conflicts suffer short and long-term persistence of conflicts at the firm level. Strikes have the higher size of both types of persistence. As short and long term persistence of strikes have almost the same size, these results do not support asymmetric information theories of strike.     

Why do young people start and continue with ethical hacking? A qualitative study on individual and social aspects in the lives of ethical hackers

Research Summary

This qualitative interview study examined individual and social aspects in the lives of 15 hackers who started with ethical hacking before the age of 18. We examined what motivated and stimulated them to start with ethical hacking and how and why they continued. Results show that individual aspects, such as an early interest in ICT (Information and Communication Technology), the motivation to make systems more secure, and thinking of reporting vulnerabilities as a moral duty, contribute to the initiation of ethical hacking. Social aspects, such as role models, mainly play a role in the further development of the ethical hacking career. For example, peers, parents, friends, and hacker communities have a motivating and stimulating effect on young ethical hackers. Similarly, positive reactions from public and private system owners can further stimulate the development and self-image of ethical hackers.

Policy Implications

In contrast to criminal hackers, ethical hackers improve cybersecurity, for example, by reporting weaknesses or errors in computer systems. Nowadays, an increasing number of public and private organizations around the world are creating cybersecurity policies and practices around ethical hacking. The interest in hacking usually arises at an early age, making it important to gain knowledge about what stimulates and motivates young people to start and continue with ethical hacking, to inform these policies and practices. Our results show that recognition and reactions from system owners are important in the ethical hacking career. Our recommendations based on these results could stimulate more young people to take the ethical path. Simultaneously, this increases the security of public and private organizations, reducing opportunities for criminal hackers.     

Science, values and politics: an insider’s reflections on corporate crime research

Diverse social and political forces have long shaped research on corporate crime and its social control in the U.S., and they have responded to this work in plural and contradictory ways. These forces range from the abstract and institutional to the local and personal. In this essay, I reflect on my three decades of research experience in this arena in an examination of these forces and their implications for research and public policy. More overtly than other forms of criminological research, the study of corporate lawbreaking has conjoined issues of values and politics with issues of science. This feature of the work has made consistently problematic such foundational questions as how to define the subject of inquiry, how to study it, and how to communicate about it. While this volatility has contributed to the ongoing marginalization of this research stream in both academic criminology and regulatory policy, it has also created a certain intellectual dynamism that should attract future generations of investigators to these questions, and to greater cross-disciplinary efforts to address them. Such developments may even pave the way to greater consideration of such research by policy-makers, should socioeconomic conditions in the U.S. and around the world raise the public salience of corporate wrongdoing. ‘Why do you want to study corporate managers? We know how they think.’ ‘…a book entitled Corporate Crime automatically puts us on guard to defend the corporations…such a book should never have been written in the first place.’      

Saviour-sibling and the psychological, ethical and judicial issues that it creates: should English and French legislators close the Pandora's Box?

Since the advent of test-tube babies, advances in the biomedical field have risen steadily. In parallel, the scientific body has never since ceased to debate the ethical issues that they arise. This is particularly the case regarding saviour-sibling. Saviour-sibling refers to a child who is conceived to cure an older brother or sister suffering from a serious family genetic disease. Therefore, it is meant to give birth to a child who will provide stem-cells taken from the umbilical cord or bone marrow afterwards, to treat an elder sick sibling. In England, this practice has been explicitly allowed by the new Human Fertilisation and Embryology Act 2008 under some strict conditions. In France, this practice, authorized by the Bioethics Law of August 2004 and confirmed by its decree of implementation published in the Official Journal on 23 December 2006, is also strictly regulated. This technique opens up new perspectives and enormous hope. Its legalisation is certainly justified by the suffering of the parents and to avoid that they travel to other States where it is permitted. However, it raises serious psychological ethical and judicial issues. Following an analysis of the English and French laws on saviour siblings, its controversial side will be highlighted, before concluding whether or not this new Pandora's box which is saviour-sibling, should be closed and other alternative methods encouraged.     

Can education policy be health policy? Implications of research on the social determinants of health

Research on the social determinants of health has demonstrated robust correlations between several social factors, health status, and life expectancy. Some of these factors could be modified through policy intervention. National-level public policies explicitly based on population health research are in various stages of development in many Western countries, but in spite of evident need, seemingly not at all in the United States. Because research shows such a strong association between education and good health, we offer evidence to show that at least two pressing problems in American society, namely the uneven distribution of educational attainment and health disparities linked to socioeconomic position, may be ameliorated through policy initiatives that link quality early childhood care, child development programs, and parental training in a seamless continuum with strengthened K-12 education.     

‘Language of lies’: Urgent issues and prospects in verbal lie detection research

Since its introduction into the field of deception detection, the verbal channel has become a rapidly growing area of research. The basic assumption is that liars differ from truth tellers in their verbal behaviour, making it possible to classify them by inspecting their verbal accounts. However, as noted in conferences and in private communication between researchers, the field of verbal lie detection faces several challenges that merit focused attention. The first author therefore proposed a workshop with the mission of promoting solutions for urgent issues in the field. Nine researchers and three practitioners with experience in credibility assessments gathered for 3 days of discussion at Bar-Ilan University (Israel) in the first international verbal lie detection workshop. The primary session of the workshop took place the morning of the first day. In this session, each of the participants had up to 10 min to deliver a brief message, using just one slide. Researchers were asked to answer the question: ‘In your view, what is the most urgent, unsolved question/issue in verbal lie detection?’ Similarly, practitioners were asked: ‘As a practitioner, what question/issue do you wish verbal lie detection research would address?’ The issues raised served as the basis for the discussions that were held throughout the workshop. The current paper first presents the urgent, unsolved issues raised by the workshop group members in the main session, followed by a message to researchers in the field, designed to deliver the insights, decisions, and conclusions resulting from the discussions.