Politics and the police in Scotland: The impact of devolution

The creation of a Scottish Parliament and Scottish government in 1999, under the process of devolution within the UK, created a significantly different constitutional and political landscape from that which preceded it. The impact on domestic issues in Scotland, such as policing, has been considerable. This is partly because of new structural arrangements, including the creation of a Justice Minister and a Justice Committee of the Parliament, and partly because of the significance of the law and order agenda within Scottish politics. This paper discusses the impact of these developments on the Scottish police. Analysis focuses on the growing involvement of the Scottish Parliament and Scottish governments in key areas such as constabulary independence, police accountability and the management of police resources. Through this discussion, the paper seeks to make a contribution to the debate about the relationship between the police and politics, and the extent to which policing in Scotland is becoming increasingly politicised.     

Effects of a new commitment law on involuntary admissions and service utilization patterns

Recently Nebraska changed its commitment law to include many procedural safeguards and require behaviorally manifested dangerousness as a criterion of commitment. An interrupted time-series design was used to determine what effects the new law had on admission characteristics and service utilization patterns of all those committed to Nebraska's three state hospitals. An immediate drop in involuntary admissions was found, but this decline was temporary. Several changes in the demographic characteristics of those committed were also found. Finally, the law apparently caused an increase in the number of those having to be readmitted. These results raise questions about the implementation of the law, the perception of dangerousness, and the need for more effective liaison between state hospitals and community-based treatment facilities.     

Race as a factor in university admissions

In two recent cases, Grutter v. Bollinger, 539 U.S. 306. (2003) and Gratz v. Bollinger, 539 U.S. 244. (2003), the Supreme Court held that the Equal Protection Clause permitted state schools to use race-sensitive admissions in order to obtain the educational benefits that flow from a diverse student body. The diversity-based argument for race-sensitive admissions, scholarships, awards, and other opportunities at universities should have been rejected because it does not consider the full range of costs and benefits and because the more narrow educational effects probably weigh against such programs. However, this does not suggest that applicants’ race, ethnicity, and gender should be ignored. Rather the same consideration that led to the defeat of the diversity argument, i.e., reasoning capacity, supports the consideration of demographic factors. However, attention to such factors further undermines the consequentialist case for affirmative action.     

Social rights,child rights,discrimination and devolution: untangling the web

Abstract

This article examines judicial reviews of two areas of social security policy and practice in the UK – the household benefit cap and the restriction of bereavement benefits to bereaved spouses and civil partners. While each case ostensibly concerned discrimination against claimants, in practice much of the legal argument centred on the impact on claimants’ children. The judiciary is revealed to be deeply divided on the lawfulness of the acknowledged discrimination. The article considers what lessons can be drawn about the relative weight that ought to be afforded to claimants’ property rights, the best interests of affected children, anti-discrimination provisions and the state’s stated policy imperatives of cost control and administrative convenience. Insights are also sought into whether devolutionary differences can be identified between the approaches of courts in London and Belfast.     

Evaluating the informative power of Y-STRs: a comparative study using European and new African haplotype data

Male individuals from Maputo (Mozambique) were sampled and 18 Y-STRs were typed: the nine currently used to define the "minimal haplotype" employed in the European, American and Asian "Y-STR Haplotype Reference Databases", as well as the recently described DYS434, DYS437, DYS438, DYS439, DYS460, DYS461, GATA A10, GATA C4 and GATA H4. Allele and haplotype frequencies were estimated in a sample of 112 individuals, where it was possible to define 101 haplotypes, with an observed haplotype diversity (HD) of 0.9973. Allele diversity varied between 0.0179 and 0.9220, DYS385 showing the highest level of polymorphism and DYS392 the lowest. When considering only the most recent Y-STRs, the degree of diversity varied between 0.4011 (DYS438) and 0.6910 (GATA C4), except for DYS434 and DYS437 where a very low diversity was observed (0.0700 and 0.0526, respectively). When analysing the same 112 individuals for the nine Y-STRs included in the minimal haplotype, 78 haplotypes were distinguished with a corresponding observed diversity of 0.9884, a considerably lower value than those for Northern Portugal (n=208; HD: 0.9925) and Macao (n=63; HD: 0.9990). Concerning all 18 Y-STRs studied in this population, the observed diversity demonstrates their usefulness in forensic applications, with the exception of DYS434, DYS437 and DYS392. However, since the informative power of a marker has to be judged in haplotype context, a simple software, allowing the evaluation of the increase of HD through the addition of any combination of new markers to the minimum haplotype was designed. The statistical approach devised, demonstrates that an increment on HD is more rapidly obtained for the Mozambican database when adding GATA A10 or DYS439, DYS460, GATA C4, DYS461 or GATA H4, in this order, to the minimal haplotype. DYS434, DYS437 and DYS438, in conjunction with all the other 15 Y-STRs, do not contribute to an increment on HD. When applying the same approach to an European sample (Northern Portugal), the first three Y-STR choices coincide, but the next order of markers are GATA H4, then DYS437 and finally DYS461. In this sample, DYS434, DYS438 and GATA C4 do not increment HD any further.     

The harms of human trafficking: demonstrating the applicability and value of a new framework for systematic,empirical analysis

This article uses human trafficking in Belgium to test a newly developed framework for assessing the harms of crime that has been applied previously to cocaine trafficking in the same country. We chose this criminal activity because of its policy relevance and to address apparent needs for systematic, evidence-based analysis. The framework uses quantitative and qualitative evidence to assess harms to individuals, private-sector entities, and others and to establish crime control priorities. The assessment process models the activity, evaluates the severity and incidence of harms, ranks priorities, and considers causality. We highlight three findings. First, trafficking victims can experience catastrophic harms, but the overall dimensions of human trafficking in Belgium appear to be modest. Second, the evidence suggests significant recent declines in the degree of exploitation and use of violence. Third, most harms to individual victims result directly from the activity, which sets it apart from other forms of trafficking.     

Inching toward incrementalism: federalism, devolution, and health policy in the United States and the United Kingdom

In the United States, the recently enacted Patient Protection and Affordable Care Act of 2010 envisions a significant increase in federal oversight over the nation's health care system. At the same time, however, the legislation requires the states to play key roles in every aspect of the reform agenda (such as expanding Medicaid programs, creating insurance exchanges, and working with providers on delivery system reforms). The complicated intergovernmental partnerships that govern the nation's fragmented and decentralized system are likely to continue, albeit with greater federal oversight and control. But what about intergovernmental relations in the United Kingdom? What impact did the formal devolution of power in 1999 to Scotland, Wales, and Northern Ireland have on health policy in those nations, and in the United Kingdom more generally? Has devolution begun a political process in which health policy in the United Kingdom will, over time, become increasingly decentralized and fragmented, or will this "state of unions" retain its long-standing reputation as perhaps the most centralized of the European nations? In this article, we explore the federalist and intergovernmental implications of recent reforms in the United States and the United Kingdom, and we put forward the argument that political fragmentation (long-standing in the United States and just emerging in the United Kingdom) produces new intergovernmental partnerships that, in turn, produce incremental growth in overall government involvement in the health care arena. This is the impact of what can be called catalytic federalism.     

Earth system governance: a research framework

The Earth System Science Partnership, which unites all major global change research programmes, declared in 2001 an urgent need to develop “strategies for Earth System management”. Yet what such strategies might be, how they could be developed, and how effective, efficient and equitable such strategies would be, remains unspecified. It is apparent that the institutions, organizations and mechanisms by which humans currently govern their relationship with the natural environment and global biochemical systems are not only insufficient—they are also poorly understood. This article presents the science programme of the Earth System Governance Project, a new 10-year global research effort endorsed by the International Human Dimensions Programme on Global Environmental Change (IHDP). It outlines the concept of earth system governance as a challenge for the social sciences, and it elaborates on the interlinked analytical problems and research questions of earth system governance as an object of study. These analytical problems concern the overall architecture of earth system governance, agency beyond the state and of the state, the adaptiveness of governance mechanisms and processes as well as their accountability and legitimacy, and modes of allocation and access in earth system governance. The article also outlines four crosscutting research themes that are crucial for the study of each analytical problem as well as for the integrated understanding of earth system governance: the role of power, knowledge, norms and scale.     

Parliaments as changing institutions and as agents of regime change: Evolving perspectives and a new research framework

In this review, the scholarly literature dealing with the role and dynamics of parliaments as institutions that undergo change within themselves and that support and enhance change in the larger regime is considered. One central theory of scholarship dealing with parliamentary change, that of legislative institutionalisation, is examined and found wanting as an explanation of change in mature parliamentary institutions. In discussion of analyses of five instances of parliamentary change, it is shown that parliaments can change in a wide variety of contexts and conditions ‐ including such well‐established legislatures as the United States Congress after over 200 years of evolution. There is no ‘end of history’ in parliamentary change, only the possibility of sometimes startling change from what has gone before. The examination of five instances of parliamentary change also supports the thesis that parliamentary institutional change, and regime change enhanced by parliamentary change, are inexorably linked. Finally, a tentative research framework is evolved from the above analyses and proposed as a means for considering the role of parliaments as changing institutions and as institutions enhancing systemic change.     

构建政府权力运作方式的新模式——论第三部门的发展及其在政府改革中的实践价值

政治体制改革与经济体制改革促进了中国社会自组织能力、自治能力的提高,这首先表现为第三部门的发展壮大.第三部门的发展对政府权力运作方式的变革具有积极意义,带来了全新的政府与社会的关系模式.     

The use of the family: Property devolution and well-to-do social groups in Catalonia (eighteenth and nineteenth centuries)

The perpetuation through time of social position is one of the aims of individuals, and in order to achieve this they makes use of the economic, social, and political mechanisms at their disposal. The institution of the family constitutes an important aspect of the life of a person and provides instruments (marriage, systems of property devolution, celibacy, etc.) that permit the creation of a strategy by which social reproduction is assured. Nonetheless, in any given society, there exist groups of individuals that gain access to economic resources in similar ways, thus constituting more or less homogeneous social groups. The way in which this is done is conditioned by the way in which they make use of the family and the instruments that are governed by it. This article analyzes the predominant family system in Catalonia (in Northeastern Spain) and its implicit contradictions. It also evaluates the strategies developed by well-to-do social groups to confront these contradictions and facilitate access to resources.     

The National Response Plan: a new framework for homeland security, public health, and bioterrorism response

This Article provides a detailed overview of the new National Response Plan (NRP) with a focus on its applicability to bioterrorism and other public health emergencies. The Article highlights critical policy and legal issues left unresolved by the NRP, and offers recommendations for the resolution of those issues. The author concludes that, although the NRP is not perfect, it represents a major advance in domestic incident management and provides regular opportunities for review and revision as we learn how to best coordinate the national response to major incidents. A close working relationship between the Departments of Health and Human Services and Homeland Security should enable a unified response to bioterrorism and other public health emergencies in support of state and local efforts.     

Effect sizes in the treatment of sexual offenders

This article considers the benefits of sexual offender treatment in terms of the magnitude of the effect size produced by these interventions. Comparisons are made of the effect sizes with those generated by treatment of other offenders, by treatment for mental health problems, and by treatment for physical health problems. In all cases, effect sizes with sexual offenders are comparable to (and in some cases better than) effect sizes for the treatment of the other groups. As a final note, it is suggested that using a harm reduction index to estimate effect sizes for treatment with sexual offenders would produce more meaningful results.     

Predation enforcement options: an evaluation in a Cournot framework

The paper characterises the building blocks of a framework to enforce anti-predation rules and subsequently evaluates selected enforcement options in a Cournot-type duopoly predation model. Differentiating between a no rule approach, an ex ante approach and two ex post approaches, it is shown that an ex post approach typically maximises overall welfare. However, an ex ante approach can be the preferred option in cases where the entrant has a large cost advantage over the incumbent.