The tussle with trust: Trust in the news media ecology

This article offers a conceptual exploration of the changing notion of trust and distrust in today's news media ecology. Central is the question whether the relationship between the traditional media actors, media organisations, journalists and news users, can be increasingly characterised by distrust. Do we really notice a decline in trust in the news media? And moreover, are these feelings of distrust grounded? In order to answer these questions, we look at the changing economic, technological and societal context and how this might explain the strained relationship between these actors. We find that to a large extent the goals of the media actors diverge or even conflict. Mutually bridging these goals is difficult as they boil down to ideological and normative choices. This requires us to reconsider our ways of looking at trust. Therefore, this article's central argument is that a trusted relationship between the media actors is unlikely to result from a definitive settlement between the actor's conflicting goals. Rather, maintaining a trusted relationship is likely to become a matter of constant renegotiation. For this renegotiation to succeed, transparency and integrity are key. We find inspiration in the recent work of Solove (2001), Nissenbaum (2004) and Mansell (2008, forthcoming) to take a different, more contextual approach towards the notion of trust. As regards the relationship between news organisations and users, we suggest these norms should be negotiated in a balanced and transparent way, giving users an equal say in the process. The relationship between journalists and news users should be guided by a mutual interest in truth telling, whereby users are not only merely seen as consumers, but also as potential contributors to news stories. Policy makers in turn should act as facilitators of such spaces of renegotiation.     

Party system change and parliamentary scrutiny of the executive in Italy

Conventional wisdom suggests that internal institutionalisation of parliamentary procedures causes greater policy effects on executive decisions and secondary legislation. The role played by parliaments in policy-making depends on internal processes, but it also depends on other factors, such as the changing structure of the party system – the bipolarisation of which determines the legislative opposition's strategy and performance. The empirical research discussed in this paper shows that the Italian parliamentary process for approving and implementing secondary legislation changed considerably – from pervasive and substantive to formalistic and procedural – during the 1990s, as a result of the parliamentary opposition behaving differently in response to the accomplished alternation in government. Despite the greater institutionalisation of the Italian Parliament, parliamentary scrutiny of secondary legislation has in fact had a diminishing impact on policy. This paper evaluates the increasingly limited power of parliamentary committees to amend delegated legislation in draft against a comparative analysis of the law-making process and performance of the opposition. The effect on policy of parliamentary scrutiny of secondary legislation is found to be proportionately related to consociational practices during the legislative process. The scrutiny of parliaments is greater when the balance between the legislative majority and opposition is characterised by consociational practices.     

Setting aside a trust on the ground of mistake--In the Matter of the DSL Remuneration Trust: DSL Remuneration Trust [2007] JRC 251

This case concerned a remuneration trust which had been establishedby a company called DSL in April 2000. The beneficiaries ofthe Trust were named as the past, present and future employeesof DSL and their families. The shares in DSL were owned by acouple, Mr and Mrs L, who were also the two directors of DSL.The Trust assets comprised the proceeds of sale of the businessof DSL and its interest in two retail shops, and representedthe bulk of the assets of Mr and Mrs L and their family. The terms of the Trust prevented any outright distribution orpayments being made or any benefits     

Mandating treatment for drug possessors: The impact of Senate Bill 123 on the criminal justice system in Kansas

Kansas' Senate Bill 123 (SB 123) created mandatory community-based drug treatment for individuals convicted of first- or second-offense drug possession. This study examined the impact of SB 123 on sentencing practices, supervision, and treatment services across Kansas. The study indicated that SB 123 diverted drug possessors not from prison, as intended, but from one form of community supervision to another, subjecting more offenders to greater surveillance and longer sentences. Such “front-end” net-widening was due to the structure of the law itself and a lack of understanding of pre-implementation sentencing practices. In some counties, judges engaged in some circumvention of the law, suggesting possible local-level differences in buy-in among courtroom actors; such circumvention was also focused on offenders with more serious criminal histories, indicating judicial-level evaluations of offender amenability to treatment. While SB 123 offenders received the treatment they were assessed to need, the provision of treatment remained heavily concentrated in a few providers, increasing disparities in access to treatment and making the success of the program highly dependant on a small number of institutional actors.     

Organized Crime and Trust:: On the conceptualization and empirical relevance of trust in the context of criminal networks

Organised crime networks are often characterised as being held together by bonds of trust, but the conventional wisdom regarding the relation between trust and organised crime lacks a comprehensive theoretical and empirical underpinning. The purpose of this paper is to explore where deeper research on this issue may lead and how it can potentially contribute to a better understanding of organised crime in general. Drawing on the general sociological literature, it provides a preliminary conceptualisation of trust in the context of organised crime centred around a fourfold typology along the micro-macro dimension. The authors use anecdotal evidence from their research on illegal markets for highly taxed goods in Norway and Germany to illustrate that there are different types of trust, that there are different consequences of the violation of trust, and, finally, that there are criminal relations not based on trust at all.     

Living in a Policy State: From Trust for Sale to Trust of Land

The Trusts of Land and Appointment of Trustees Act 1996has transformed the nature of co-ownership interests in land.The trust for sale, which governed dealings in co-ownedproperty under the Law of Property Act 1925, and whichmade sale the presumptive object of co-ownership, has been replaced by a trust of land, under which co-owners retainan interest in the land itself, rather than its capital value.This article considers the likely impact of this legislativepolicy departure, particularly in relation to the court'swillingness to grant an order for the sale of co-owned propertyon application by a creditor, and against the wishes of anon-debtor co-owner occupier.     

Construction of a policy arena: the case of public health in France

In this article we examine the transformation over the past two decades of public health as a policy arena in France from a backwater of little interest to politicians, bureaucrats, the media, and the public into a central preoccupation of the state. Recent dramatic health crises (the scandal over HIV-contaminated blood, mad cow disease, etc.) have substantially raised the political profile of (and corresponding state investment in) public health in France, offering opportunities and incentives for political actors not traditionally associated with public health to enter the field and challenging more traditional actors to galvanize themselves and compete for this newly attractive policy terrain. We use the occasion of the passage of a public health law in 2004, labeled by its proponents as the "first" public health law in one hundred years, to show how, in a context of national struggle to contain both risks and costs, "public health" -- chameleonlike -- has taken on various meanings and forms to serve highly conflicting political interests.     

Applications for FDA approval to market a dew drug: patent submission and listing requirements and application of 30-month stays on approval of abbreviated new drug applications certifying that a patent claiming a drug is invalid or will not be infringed. Final rule

The Food and Drug Administration (FDA) is amending its patent submission and listing requirements for new drug applications (NDAs). The final rule clarifies the types of patents that must and must not be submitted and revises the declaration that NDA applicants must provide regarding their patents to help ensure that NDA applicants submit only appropriate patents. The final rule also revises the regulations regarding the effective date of approval for certain abbreviated new drug applications (ANDAs) and certain other new drug applications, known as 505(b)(2) applications, submitted under the Federal Food, Drug, and Cosmetic Act (the act). In certain situations, Federal law bars FDA from making the approval of certain ANDA and 505(b)(2) applications effective for 30 months if the applicant has certified that the patent claiming a drug is invalid or will not be infringed, and the patent owner or NDA holder then brings suit for patent infringement. The final rule also states that there is only one opportunity for a 30-month stay in the approval date of each ANDA and 505(b)(2) application. The final rule will make the patent submission and listing process more efficient as well as enhance the ANDA and 505(b)(2) application approval processes.     

法律体系的新成员——案例指导制度

案例指导制度是我们国家司法制度新近确立的一个组成部分。作为新生事物,它与我们现存的法律体系、法律制度是否兼容,这是值得探讨的。在大陆法系国家,案例制度一开始也受到了排斥,但後来还是逐步引进并确立了案例制度。我认为,对于中国而言,正在讨论建立的案例指导制度,与立法、司法、执法,包括法律职业、法律教育也应该是兼容的,而不是排斥的。     

Agency,contract and governance: shifting shapes of accountability in the health care arena

Current ideas about the role of the state include an enthusiasm for mechanisms of "indirect" or "third-party" governance. The health care arena, in which models of indirect governance have a long history, is an important test bed for these ideas. Classically, the arena was marked by trust-based, principal-agent relationships established to overcome information gaps. Over time (and to different degrees across nations), emphasis shifted to contractual relationships assuming relatively well-informed actors and then to performance monitoring and information sharing within complex and loosely coupled networks. In this latest stage, there is a risk that some important features of democratic leadership, and of decision making in the health care arena, will be eclipsed. Accountability mechanisms must clearly locate responsibility for actions and must allow for the exercise of professional judgment.     

Legitimacy, Social Identity, and the Mobilization of Law: The Effects of Assembly Bill 540 on Undocumented Students in California

This article examines the instrumental and constitutive effects of California Assembly Bill 540. The law grants undocumented immigrant students an exemption from out-of-state tuition, thereby making some forms of higher education more accessible. Despite the narrow actionable aspects of the law, it unintentionally legitimizes this disenfranchised group. This longitudinal study of undocumented immigrant youth consists of in-depth interviews before, shortly after, and four years after the passage of the law. The findings demonstrate that AB 540 immediately relieved stigma and later provided a socially acceptable identity that, within a legal consciousness informed by meritocracy, empowered these students to mobilize the law in a number of unforeseen ways. The case strongly suggests that it is possible for unintended constitutive functions to have more transformative effects on the daily lives of targeted beneficiaries than the intended instrumental objectives of law.     

信托制度的国际协调——介绍《关于信托的法律适用及其承认的公约》

本文从普通法系和大陆法系对信托的不同理解入手，介绍了《关于信托的法律适用及其承认的公约》的立法背景和立法原则，评析公约在信托的法律管辖、信托的法律适用和信托的承认等方面所发挥的国际协调作用。