Banking sector reforms in Nigeria: legal implications for the banker–customer relationship

In 2005, the Central Bank of Nigeria introduced a programme of reforms which created a new minimum paid‐up capital for all banks, from two billion Naira to 25 billion Naira; with a compliance deadline of 31 December 2005. This reduced the number of banks operating in Nigeria from 89 to what is now the 25 mega banks. However, the process equally threw up a major legal issue in terms of the impact on the bank‐customer relationship. This article analyses the new reforms, their implications for the banker–customer relationship and concludes with proposals towards better achieving the objectives of the reforms.     

Comparative law in legal education – building a legal mind for a transnational world

This paper considers the role of comparative law in contemporary legal education. The discussion builds on an idea according to which it is helpful to make a distinction between educating lawyers and doing comparative research. It is suggested that we should pay more attention to comparative law pedagogics in today’s world, where law graduates must be prepared for working in a global context. Whereas in academic comparative research the goal is to reach a deep cultural understanding of foreign law, in legal education the goal is to learn to “think like a lawyer”. It is argued that by means of teaching foreign law, it is possible to transfer the focus of legal learning away from detailed rules and instead concentrate on general principles. Comparative law-based material and teaching ought to be regarded as a stimulus that sets the learning process into motion. Moreover, it is claimed that more significance ought to be given to the transnational dimensions of law as part of legal education within all branches of law.     

The role of information asymmetry in the market for university–industry research collaboration

This study concerns the market for research collaboration between industry and universities. It presents an analysis of the population of all Italian university–industry collaborations that resulted in at least one international scientific publication between 2001 and 2003. Using spatial and bibliometric analysis relating to scientific output of university researchers, the study shows the importance of geographic proximity in companies’ choices of university partner. The analysis also reveals inefficiency in the market: in a large proportion of cases private companies could have chosen more qualified research partners in universities located closer to the place of business.     

Plain English in the law — a new model for the 21st century

Abstract

Traditional language of the law is called “legalese” because it is difficult for those not trained in its mystery to understand. A myth about legalese is that it is necessary for certainty in law. This is untrue. The proponents of plain English have shown through their writing that the use of plain language in legal writing produces certainty in language that is easy to read and understand. This article looks at the history of the plain English movement and discusses its benefits, shows how legal writing can be improved by its use and, in the final section, briefly gives an illustration of how a culture of plain English writing can be embedded into a law school curriculum.     

Redressing the imbalanced political market for health policy: a role for the state attorney general?

In current discussions of "procompetitive" approaches to health policy, the enforcement of antitrust laws in health care markets is a strategy that has attracted increasing attention: the filing of consumer-oriented health suits provides a means to "redress" the typically imbalanced "political market" in health policy. This study examines an important aspect of the antitrust enforcement process, the decision by a state attorney general to undertake an aggressive antitrust enforcement program in the health area. Three variables were found to explain this decision: the political needs of a "politician-supplier," the organizational resources of a strategic institutional position, and the availability of a relatively favorable policy arena. An assessment of the future role of state attorneys general in this area suggests that their health antitrust initiatives will increase, but that various political and resource constraints are likely to inhibit their aggressiveness in pursuing these actions.     

Testing the “Law of Crime Concentration at Place” in a Suburban Setting: Implications for Research and Practice

Objective

To assess whether the “law of crime concentration at place” applies in a non-urban context. We test whether longitudinal trends in crime concentration, stability, and variability apply in a suburban setting.

Methods

We use group-based trajectory analysis to examine trends in recorded crime incidents on street segments in Brooklyn Park, a suburban city outside Minneapolis, Minnesota, over a 15-year period from 2000 to 2014.

Results

Consistent with the law of crime concentration at place, crime in Brooklyn Park is highly concentrated at a small percentage of micro-places. Two percent of street segments produced 50 % of the crime over the study period and 0.4 % of segments produced 25 % of the crime. The patterns of concentration are highly stable over time. However, the concentration of crime is substantially higher and there is much less street-by-street variability in Brooklyn Park compared to urban areas.

Conclusions

We find strong support for the application of the law of crime concentration at place to a non-urban setting, suggesting that place-based policing approaches tested in cities can also be applied to suburbs. However, there are also important differences in the concentration and variability of crime hot spots in suburbs that require further examination. Our study is based on a single setting that may not be representative of other suburban and rural areas. Finally, the clustering of hot spots raises questions about the use of street segments to analyze crime at suburban micro-places.

     

Markets and targets in the English National Health Service: is there a role for behavioral economics?

Over the past twenty years, the emphasis of reform attempts to improve efficiency within the English National Health Service (NHS) has oscillated between markets and targets. Both strategies are informed by standard economic theory but thus far have achieved varying degrees of success. Behavioral economics is currently in vogue and offers an alternative (or, in some cases, a complement) to standard economic theory on what motivates human behavior. There are many aspects to behavioral economics, but space constraints allow just three to be considered here: identity, loss aversion, and hyperbolic discounting. An attempt is made in this article to speculate on the extent to which these three concepts can explain the success or otherwise of the NHS market and target policies of the last two decades, and some suggestions are offered as to how policies might be usefully designed in the future. Arguably the key points are that people are more likely to be motivated if they identify with the ethos of the policy; the threat of losses will often provoke more of a response than the promise of gains; and the "immediate moment" matters enormously to individuals, so policies that require human action should be designed to make that moment as enjoyable (or as pain free) as possible.     

An information network of officials? Dissecting the role and nature of the network of parliamentary representatives in the European Parliament

Enhancing the role of national parliaments in the European Union’s decision-making process has for some time been a popular way in which policy-makers have sought to address legitimacy problems in the European Union, the Early Warning Mechanism being only one example. In response to these developments, an increasing number of scholars have addressed the question of how parliaments make use of these powers in practice. An important dimension of the process – the role of parliamentary officials in parliamentary scrutiny and control – has so far been neglected in the literature. Against this background, this article examines the role of the representatives of national parliaments in the European Parliament with the aim of understanding the role and the nature of this ‘bureaucratic network’. While falling short of an epistemic community, these officials play an important role in enabling parliamentary scrutiny through the dissemination of information.     

Whom do physicians work for? An analysis of dual practice in the health sector

This article presents a thorough analysis of dual practice among physicians who work in both the public and private sectors. A conceptual framework is presented to help the reader understand dual practice and the contexts where it takes place. The article reviews the existing theoretical and empirical literature on this form of dual practice among physicians. It analyzes the extent of this phenomenon, the underlying factors that motivate physicians to engage in dual practice, and the main implications of their decision to do so. It also examines and discusses current policies that address dual practice. In this regard, the article provides some qualified support for the use of "rewarding" policies to retain physicians in the public sectors of more developed countries, while "limiting" policies are recommended for developing countries - with the caveat that the policies should be accompanied by the strengthening of institutional and contracting environments. The article highlights the lack of quality evaluative evidence regarding the consequences of dual practice on the delivery of health care services. It concludes that the overall impact of dual practice remains an open question that warrants more attention from researchers and policy makers alike.     

Conclusion: regional parliaments – a distinct role in the EU?

ABSTRACT

Regional parliaments can shape EU policy-making via a range of domestic and European channels. In the context of a renewed interest in the subnational level, this article aims to address three core questions: have regional parliaments really been empowered by the early warning system provisions? Which factors explain differences in strength and mobilisation? Finally, what kind of a role do regional parliaments play in EU policy-making today, now that they have had several years to react to the trend towards multilevel parliamentarism? The authors argue that regional parliaments do indeed have the potential to contribute a distinct perspective to EU policy-making, even if their current level of activity is still low. Their distinctive territorial focus sets them apart from national parliaments. Their level of activity still varies greatly between parliaments depending on a number of factors.     

An examination of the effectiveness of Readers’ Theatre as a teaching strategy in legal education

ABSTRACT

The effectiveness of the case method of legal education in preparing for the practice of law has been questioned for more than a century. Students are encouraged to conceive conflict in a manner that often does not provide adequate context for the application of their personal perceptions of justice. A resulting criticism of the case method, then, is that it fails to adequately teach students how to act “with ethical substance” in the professional circumstances for which they are being prepared. As a means of addressing this perceived gap, North American law schools have been increasing their use of experiential education methods. In this paper, the utility of Readers’ Theatre (RT) is examined as an experiential teaching strategy to expose law students to the interpersonal and ethical dynamics of legal problem-solving communications.     

Picking up the pace – legal slowness and the authority of the judiciary in the acceleration society (a Dutch case study)

This paper inquires into the nature of the crisis haunting the judiciary in our contemporary society. Drawing upon the work of Hartmut Rosa, it is stated that our society is an acceleration society and that this puts the judiciary under great pressure. The resulting crisis is twofold since it is both of an organizational and fundamental nature. The focus of this paper is on the – in our view – underexposed latter crisis because of its effect on the very core of the judiciary, namely the legitimacy and authority. The judiciary is confronted with the demand to speed up, whereas the nature of the legal system seems to reject an accelerated tempo and even needs a certain degree of slowness to communicate its accuracy. It is not just the process of acceleration that erodes or at least changes the authority of the judiciary but it concerns a complex interplay of expectations induced by acceleration, both externally by justice seeking citizens and internally by the judiciary’s own management and politics, and how these expectations are met, or not. This is illustrated by a case study on the position of the Dutch judiciary, but holds true for other national and international adjudication as well.     

Mapping the effects of Brexit on legal education in Wales: proposals for addressing students’ concerns

ABSTRACT

Whilst the future for UK–EU relations remains to be realised, Brexit will have consequences for legal education. However, to date, neither the UK nor Welsh Governments have sufficiently addressed what those consequences will be for higher education. This paper, which documents the results of 336 student questionnaires received from law students surveyed from every law school in Wales, evidences that learners have already started to decide what they believe Brexit means for them. Amongst the numerous challenges for Welsh law schools is the opinion of current students that Brexit makes Wales a less attractive place for overseas students and lecturers, both EU and other internationals, to study and work. Meanwhile UK students studying in Wales are questioning the relevance of EU law modules, and are viewing aspirational careers within EU institutions as now being “closed doors”. By drawing upon our findings, as well as comparisons with other EU Member States, this paper proposes six areas where urgent collaboration between governments and universities is needed. Failing to address the concerns identified by this research has the potential to further threaten the internationalised education model that UK students benefit from by studying law at Welsh universities.