THE IMPACT OF LEGISLATIVE CHANGE ON ADJUDICATION PROVISIONS AND THE REQUIREMENT FOR WRITTEN CONTRACTS UNDER THE NEW CONSTRUCTION ACT

The deletion of Section 107 of Part II of the Housing, Grants and Construction Act 1996 will have a profound effect on the requirements for contracts in writing under the adjudication provisions of the new Construction Act 2009. This paper presents a reflection on the legal provisions and case law concerning the requirement for contracts in writing under the provision of the 1996 Act, against the backdrop of new rules encompassing oral and partly-oral agreements between parties. While the new provisions are unlikely to have an impact in cases where there are formal contracts which incorporate adjudication clauses, the changes are more likely to have an impact where there letters of intent are involved and where contracts in writing are based on standard terms and conditions supplemented by oral agreements. While the legislative changes may not have an impact on the role of the Adjudicator, it may affect their modus operandi, requiring more efforts to ascertain the precise intentions of the parties under dispute.     

THE RULE OF LAW IN THE EXTERNAL RELATIONS OF THE EUROPEAN UNION WITH A SPECIAL FOCUS ON CHINA

In line with the ideas of its founding fathers, the European Union is a legal system built on the rule of law, internally and internationally which was highlighted by the Treaty of Lisbon （Art. 21）. The EU therefore has to pursue the implementation of the principle of the rule of law also in its external relations. This paper frames the rule of law not only in the context of the Union but also in the United Nations （III. 1） and provides concrete illustrative examples for the implementation on the international scene by the EU. Section IIl deals with the Cotonou Agreement, the European Neighbourhood Policy, Central Asia, South Korea and Myanmar/Burma. Special attention is paid to the case of China （III.3f） where the preoccupation with the rule of law poses a particular challenge which is not side-stepped by the Union. In pursuing this policy, the EU contributes to the development of rule of law in international law and governance.     

THE IMPACT OF MEGAN'S LAW ON SEX OFFENDER RECIDIVISM: THE MINNESOTA EXPERIENCE*

Although Megan's Law was passed more than 10 years ago, very little is known as to whether it reduces sex offender recidivism significantly. Using a retrospective quasi‐experimental design, we examine whether community notification has a deterrent effect by comparing the recidivism rates of 155 level 3 (“high public risk”) sex offenders released from Minnesota prisons between 1997 and 2002 who were subject to broad notification with two separate control groups who were not. The first control group (referred to as the prenotification group) contained 125 sex offenders released between 1990 and 1996 (the 7 years preceding the implementation of the Community Notification Act) who likely would have been subject to broad community notification had the law been in effect at the time of their release. The second control group (referred to as the non‐notification group) was composed of 155 offenders (37 level 1 and 118 level 2) released between 1997 and 2002 who were not subject to broad community notification. The results from the Cox proportional hazards models reveal that broad community notification significantly reduced the risk of time to a sex reoffense (rearrest, reconviction, and reincarceration) compared with both control groups. The findings were mixed, however, for both non‐sex and general reoffending. Whereas broad community notification significantly reduced the risk of timing to both non‐sex and general recidivism compared with the prenotification group, no such effects were found in the non‐notification group analyses. We discuss the implications of these results and attempt to explain why Megan's Law seems to reduce sex offense recidivism in Minnesota.     

THE IMPACT OF CONTINUING EDUCATION TRAINING ON LAW GUARDIAN KNOWLEDGE,EFFICACY, AND PRACTICE BEHAVIORS

There is an increased demand for law guardians in domestic violence cases, especially those involving child witnesses. Training is required for law guardians to meet child clients’ needs. While workshops and conferences are typical venues for continuing education training, their effectiveness is unknown. This pilot study compared law guardians who attended a conference on community violence and children to nonattendees on several training outcomes. Results showed a positive impact on attendees’ feelings of efficacy and intentions to carry out new practice behaviors post‐conference; differences were maintained at follow‐up. Limitations and implications of this pilot study are discussed.     

GROWTH AND QUALITY OF U.S. PRIVATE PRISONS: EVIDENCE FROM A NATIONAL SURVEY*

Research Summary: Private prisons incarcerate 5.3% of the sentenced, adult population in the United States. The present study presents selected results from a 1999 survey of administrators who monitored private prisons in the United States (or U.S. territories). Among the findings of interest, the private sector experienced significant problems with staff turnover, escapes, and drug use. Where possible, private prison operations were compared with those of the Federal Bureau of Prisons. Policy Implications: Given the issues raised here with public safety, public sector agencies contracting for private prisons need to develop incentives or other means to ensure that private sector operators retain experienced custody staff.     

THE IMPACT OF RACIALLY INCLUSIVE SCHOOLING ON ADULT INCARCERATION RATES AMONG U.S. COHORTS OF AFRICAN AMERICANS AND WHITES SINCE 1930*

Despite the substantial body of research on the psychological and social effects of racial segregation in schools on African Americans, few studies have considered the possibility that more racially inclusive schools might reduce the risk of extremely negative adult life experiences such as incarceration. Yet such a connection is made plausible by research linking black racial isolation in schools to variables that are often associated with incarceration rates, including concentrated poverty, and low educational and occupational aspirations and attainment. In this paper, we apply methods first developed by labor economists to assess the impact of racial inclusiveness in schools on individual incarceration rates for 5‐year cohorts of African Americans and whites born since 1930. We find strong support for the conclusion that blacks educated in states where a higher proportion of their classmates were white experienced significantly lower incarceration rates as adults. Moreover, our analysis suggests that the effects of racial inclusiveness on black incarceration rates have grown stronger over time. These longitudinal effects are consistent with the argument that the educational climate of predominantly black schools has deteriorated in more recent decades.     

IMPACT OF VICTIMIZATION ON RESIDENTIAL MOBILITY: EXPLAINING RACIAL AND ETHNIC PATTERNS USING THE NATIONAL CRIME VICTIMIZATION SURVEY

Criminal victimization is known to influence households’ moving decisions, but theories suggest that the processes leading to a moving decision can vary across racial and ethnic groups. Drawing from current literature, we hypothesized that victimization would have a stronger effect on moving decisions for Whites than for Blacks or Hispanics, and that racial/ethnic residential segregation would moderate the impact of victimization on mobility. Using a longitudinal sample of 34,134 housing units compiled from the National Crime Victimization Survey for the 40 largest metropolitan areas in the United States (1995–2003), we found results that both support and contradict the hypotheses. Specifically, White residents display consistent evidence that victimization is a significant predictor of household mobility. Blacks and Hispanics, in contrast, are more varied in their moving behavior after victimization. In addition, significant differences exist among these groups in responses to victimization and in how mobility is influenced by residential segregation. Higher levels of residential segregation play a part in the victimization–mobility relationship among Blacks in a way that is more complex than we hypothesized.