Meeting the challenges of globalisation in legal education

The focus of this paper is a critical review of the impact of globalisation on international higher education at my own institution, the University of East London (UEL), where I am Programme Leader for LLB (Hons) Law, an undergraduate qualifying law degree. Globalisation, along with internationalisation, has been one of the forces that have most changed the educational landscape in this country over the last two decades. Although closely related to each other, globalisation and internationalisation are usually regarded as distinct forces – the former being defined as the economic, political, and societal forces pushing twenty-first-century higher education towards greater international involvement, while the latter describes the policies and practices of higher education developed to deal with this. Whilst these phenomena have wide implications for higher education as a whole, they present opportunities and challenges that are very specific both to an institution like UEL, which has a high proportion of students from international backgrounds, and to my own discipline, law, which has an increasingly global profile in terms of both legal education and professional practice.     

EXPLAINING AND PREVENTING CRIME: THE GLOBALIZATION OF KNOWLEDGE—THE AMERICAN SOCIETY OF CRIMINOLOGY 1999 PRESIDENTIAL ADDRESS*

During the 1990s, there has been an enormous increase in influence in criminology of the risk factor prevention paradigm. This aims to identify the key risk factors for offending (in longitudinal studies) and implement prevention methods designed to counteract them (in experiments). In addition, protective factors are identified and enhanced. This paradigm has fostered linkages between explanation and prevention, between fundamental and applied research, and between scholars, practitioners, and policy makers. It has encouraged the globalization of knowledge, cross‐national comparative studies, and the application of similar strategies for research and action in several different countries. The main challenges for the paradigm are to determine which risk factors are causes, to establish what are protective factors, to identify the active ingredients of multiple component interventions, to evaluate the effectiveness of area‐based intervention programs, and to assess the monetary costs and benefits of interventions. The paradigm can be improved using longitudinal and experimental studies, which aim to retain its advantages while overcoming its problems. Ideally, an international network of researchers should collaborate in investigating and explaining results in different countries.     

Drug counselling behind the prison wall: staff responses to collaborative challenges

In the last decade, 13 Drug Counselling Units (DCUs) have been established in Norwegian prisons. These units are to offer prisoners with substance use problems coordinated treatment and rehabilitation so they can better cope with their problems during imprisonment and after release. Key means in achieving these goals are to establish inter-agency collaboration between the prison service and the specialist health services. Psychologists, social workers and prison officers from these institutions are to form an inter-professional team in the collaborative process. This study explores the challenges these occupational groups face when they collaborate within this organizational frame. The results show that the occupational groups experience two of the same types of challenges, but that they respond differently to them. The pattern of responses impacts collaboration, both in positive and negative ways. However, all occupational groups endeavour to maintain a high standard within the institutional framework provided by the Norwegian prison system. This article discusses how the responses of the occupational groups in the collaborative processes in the DCUs are influenced by their affiliation to the DCUs, as well as the system of management and professional logic.     

Networking for climate change: agency in the context of renewable energy governance in India

Climate change has disastrous impacts in the developing world and confronts countries like India with immense challenges. The dilemma of addressing these challenges encourages the appearance of new modes of agency. However, the extent to which new agents are able to address these challenges depends on several factors. The aim of this article is to examine these factors and how they affect the ways in which climate change-related challenges to development are tackled in the case of the Indian wind energy sector. By firstly examining the attributes and capabilities of the different actors and secondly applying a stakeholder network analysis, the article identifies different characteristics that support the effective and efficient deployment of wind energy in one Indian state and hinder it in another.     

Fostering a triple response mechanism to combat global climate change: Emission abatement,carbon capture and water improvement

The Kyoto Protocol has established emission abatement and carbon sink increase to cope with climate change. However, in recent years, developed countries tend to focus more on the former. The simplifying of GHG causes has posed challenges for the understanding of climate change issues and for the development of consequent counter-measures, leading to present controversy and dilemma over mechanisms to combat global climate change. It is held that a desirable global cooperative stance should be “harmonious but differentiated,” i.e., the division of responsibilities and co-operation among the countries should be conducted after the diversities of different countries are recognized in terms of climate change, interests and functions. To meet this end, it is necessary to have UNFCCC play a leading role, under which emission abatement, carbon sink and water cycle improvement are concurrently reinforced. Under this triple mechanism, industrialized countries ought to continue to take the lead in emission abatement, while developing countries, especially those with great potentialities to strengthen carbon sink and water conservancy, ought to conduct ecological preservation and to develop hydraulic capacity so as to strengthen the natural carbon cycle and water cycle to combat climatic impacts.     

Tension, compression, and shear: directions, stresses, and outcomes of health care cost control

"Control" of health care costs is often portrayed as a struggle between external, "natural" forces pushing costs up and individuals, groups, and societies trying to resist the inevitable. This picture is false. Control includes strenuous efforts by some to raise costs, and by others to resist those increases, and/or to transfer costs to someone else. But all such forces originate in the purposes and interests of individuals and groups. Health care cost control is a struggle among conflicting interests over the priorities of a society, and claims of "inevitability" are simply part of the political rhetoric of that struggle. International experience supports certain conclusions. First, there is no basis for the claim that limits on expenditure growth must threaten the health of (some members of) a society. Second, there is a substantial variety of experience with cost control. Failure in the United States is often presented as evidence of the impossibility of control, but most other countries have succeeded. Finally, control requires the direct confrontation of interests, with substantial build-up of stress. Advocates of expansion are more successful if they can transform compressive forces into efforts to shift the burden onto someone else. Pressures from providers in every country for "privatization" and/or payment by users reflect this recognition of economic interest.     

TOWARD THE DIFFERENTIATION OF HIGH‐CONFLICT FAMILIES: AN ANALYSIS OF SOCIAL SCIENCE RESEARCH AND CANADIAN CASE LAW

Social science research and the courts have begun to recognize the special challenges posed by “high‐conflict” separations for children and the justice system. The use of “high conflict” terminology by social science researchers and the courts has increased dramatically over the past decade. This is an important development, but the term is often used vaguely and to characterize very different types of cases. An analysis of Canadian case law reveals that some judges are starting to differentiate between various degrees and types of high conflict. Often this judicial differentiation is implicit and occurs without full articulation of the factors that are taken into account in applying different remedies. There is a need for the development of more refined, explicit analytical concepts for the identification and differentiation of various types of high conflict cases. Empirically driven social science research can assist mental health professionals, lawyers and the courts in better understanding these cases and providing the most appropriate interventions. As a tentative scheme for differentiating cases, we propose distinguishing between high conflict cases where there is: (1) poor communication; (2) domestic violence; and (3) alienation. Further, there must be a differentiation between cases where one parent is a primary instigator for the conflict or abuse, and those where both parents bear significant responsibility.     

The prosecution of bias crime in the Netherlands and the problem of net-widening: fundamental limits to criminal liability

Crimes that are committed with bias motives are categorised as ??hate?? or bias crimes and are punished more severely than nonbias crimes. However, bias crime laws are often applied to offences where there is no clear evidence of a bias motive. Based on the results of 318 case studies into bias crime prosecutions in the Netherlands, this paper demonstrates that the causes of net-widening should be sought in the action-oriented nature of criminal law reasoning. Decision makers rely on objective behavioural indicators to infer motives. However, these are rarely reliable. We argue that this process results in a transformation of bias crime laws. They are no longer used to punish harmful motives. Rather, they are used to combat behaviour that is considered socially harmful on account of its perceived intolerant, racist or xenophobic message. This forces us to reconsider the justification behind trying to punish motive.     

A cognitive model of firearms policing

The performance of police firearms teams must be efficient and accurate—anything else could result in the death of the officers or those they are tasked with protecting. However, there are a wide range of cognitive factors that impact the way in which these officers perform, many of which are not taken into account while planning tactical operations or during the investigations that follow. This paper considers the role of these cognitive factors in firearms policing, looking at their impacts on officer actions/reactions and the ways in which these effects may be counteracted. Author’s Note: Dr. Kavanagh is a psychology consultant specializing in the psychology of high risk policing operations. Her areas of interest include public order, hostage negotiation, and body recovery work; her primary focus is on the psychological components of the police use of firearms. She works with a number of police forces throughout the UK and provides training to officers and command staff on the psychological aspects of their role.     

Proactive Policing: a Summary of the Report of the National Academies of Sciences,Engineering, and Medicine

This paper provides a summary of our report for the National Academy of Sciences, Engineering, and Medicine on proactive policing. We find that there is sufficient scientific evidence to support the adoption of many proactive policing practices if the primary goal is to reduce crime, though the evidence base generally does not provide long-term or jurisdictional estimates. In turn, we conclude that crime prevention outcomes can often be obtained without producing negative community reactions. However, the most effective proactive policing strategies do not appear to have strong positive impacts on citizen perceptions of the police. At the same time, some community-based strategies have begun to show evidence of improving the relations between the police and public. We conclude that there are likely to be large racial disparities in the volume and nature of police–citizen encounters when police target high-risk people or high-risk places, as is common in many proactive policing programs. We could not conclude whether such disparities are due to statistical prediction, racial animus, implicit bias, or other causes.

     

公司交互持股要论--写在新订《公司法》颁行之际

诸多方面的原因催生出了公司交互持股现象,其自身价值及其多重影响随即给现行法律制度提出了全方位的挑战。新修订的《公司法》忽略了针对交互持股的相关规范。我国公司法应借鉴各国的立法经验,分别对公司间的横向交互持股和母子公司交互持股在持股比例、表决权限制、通知和公告义务等方面做出法律规制,以期发挥交互持股的积极作用,抑制其消极后果。     

An Ecological Examination of Factors That Impact Well‐Being Among Developmentally‐Disabled Youth in the Juvenile Justice System

Youth with developmental disabilities make up a large proportion of those in the juvenile justice system, and experience various unique and intricate threats to their well‐being. This review examines the complexity of these challenges, exploring the multiple levels of contextual factors that influence youth's well‐being as they experience adjudication. Using an ecological framework, this paper reviews findings on the individual socio‐demographic characteristics, as well as the micro, meso, exo, and macro factors that impact their development and functioning. Specific policy and practice implications are provided to address improving outcomes of youth in this population at each ecological level.     

Challenges for the theory and application of dynamic risk factors

ABSTRACT

The inclusion of dynamic factors in risk assessment measures used with forensic populations has largely been considered an improvement in both the accuracy and utility of these assessments in informing treatment and sentencing. However, there are important challenges associated with the current approach to the conceptualisation, identification, and use of dynamic factors in risk assessment. Whereas some of these challenges relate to applied settings (such as the use of measures with different offender populations), there are also deeper questions regarding the construct validity of dynamic risk measures and the methodological strategies used to identify them. More emphasis on theoretically driven research is needed, to identify causal and explanatory relationships between dynamic risk factors and recidivism. We hope that highlighting these challenges can help to build a consensus on a future research agenda for dynamic risk factors.     

Pacific Perspectives: Fa’afafine and Fakaleiti in Samoa and Tonga: People Between Worlds

The law is full of labels which serve to define the concept, person or principle under consideration. These labels have their uses but can also create straight-jackets when applied in different social and cultural environments. This paper considers some of the challenges posed by groups of people in the Pacific countries of Samoa and Tonga. A variety of labels may be used to describe such people: transgender; gender-liminal; transvestite; gay, but none fully encompass what it is to be fa’afafine or fakaleiti. These individuals are both integrated and marginalised in their island countries and among the Polynesian Diaspora. They have a place in customary society, but are also influenced by the more global contemporary picture. They are therefore part of tradition but also symbols of change. The legal environment in which they lived is shaped by colonialism but there are also neo-colonial forces at work which threaten and shape their identity. In many respects therefore, they find themselves between two worlds: gender enlightened and gender repressed.     

Primary, Secondary, and Tertiary Losses in Chronic Pain Patients

Treating individuals with chronic illness and disability requires attention to physical, psychological, and social factors. These unique challenges are optimally addressed by utilizing a biopsychosocial approach, while considering the potential array of both gains and losses that chronic pain patients experience. The benefits a patient receives from remaining ill are often referred to as secondary gain. In medicolegal settings, a common example of a secondary gain issue is the effort to obtain financial compensation. While secondary gain can be one factor that contributes to perpetuating illness and disability, there are often more powerful losses that lead to such perpetuation. The losses associated with pain and disability are not frequently discussed. The overall purpose of this paper is to identify primary, secondary, and tertiary loss issues in chronic pain patients, and address issues related to how these factors are important within a medicolegal/forensic context.     

Privacy,anonymity and liability: Will anonymous communicators have the last laugh?

In this paper, the author sets out the way in which the UK approach to privacy protection is able to extend its reach to anonymous postings. Whilst anonymity might sometimes be seen as one of the essential characteristics of communicating on-line, it does not provide an impenetrable veil of protection in respect of a privacy violation claim. Instead, there are avenues available to identify anonymous communicators, which have implications both for internet freedom and jurisdiction in cyberspace. In the UK, our common law has not denied bloggers, or other on-line contributors, anonymity per se. However, it will be argued that recent UK judgments represent a warning to anonymous communicators that they can be held liable for what they post on-line and that naivety is no defence at law. Whilst on-line platforms allow people to effectively become journalists; to become publishers, as familiar users, they should become more aware of the consequences of their on-line postings and appreciate that they will not be able to escape from the application of third party disclosure orders. However, as these are not without their problems, it is possible that anonymous communicators may have the last laugh.     

Governing international freshwater resources: an analysis of treaty design

International rivers create complex relationships between their riparian states, which can contribute to economic, political, and social losses. Treaties provide a means for states to coordinate their actions in managing international river disputes to minimize these losses. However, there is little knowledge about treaty content and the factors influencing treaty design. We test whether a relationship exists between the challenges of negotiating, complying, and distributing the gains in bilateral, multilateral, and basin-wide negotiation contexts and the depth of cooperation along with the degree of institutionalization. While the great challenges confronting multilateral or basin-wide negotiations can produce treaties that focus on joint gains and shallow cooperation to secure the signature of riparians, we find that they can also provide opportunities for deeper, more behavior-altering, cooperation. To manage the difficulties of maintaining multilateral cooperation, we find a higher degree of institutionalization. We also find that bilateral negotiations provide states with opportunities for deeper cooperation, but a lower degree of institutionalization.     

The Environmental Justice Movement: Equitable Allocation of the Costs and Benefits of Environmental Management Outcomes

We present a review of theoretical and methodological advances in the social scientific literature on environmental inequality/racism and argue for new directions in research efforts that pay more attention to (1) the historical forces driving environmental justice conflicts; (2) the complex role of stakeholders in these struggles; (3) the role of social inequality, particularly the trade-offs between environmental protection and social equity; and (4) the impact of social movement activity on the state of environmental protection. Drawing on a case study of an environmental justice conflict in the United States, we find that environmental inequality impacts many actors with often contradictory and cross-cutting allegiances. These struggles therefore become a moving drama—a process—rather than a cross-sectional outcome. We conclude with an analysis of environmental inequality on a global scale and argue that the role of transnational capital remains largely untheorized in the literature. We suggest new models for explaining environmental inequality's causes and consequences.     

Bribes vs. bombs: A study in Coasean warfare

Warfare is often thought of as the antithesis of Coasean bargaining over entitlements because armed conflicts consume real resources whose destruction could be avoided by negotiated solutions. We argue that fighting and negotiating are not mutually exclusive methods of resolving disputes between nations—there can often be a useful role for bargaining between a state and agents of its enemy, even when armed conflict has broken out between opposing states. We evaluate the efficacy and normative desirability of selectively substituting “bribes” for “bombs” as a means of warfare. We show how inter-country disparities in wealth, differences in military strength, the organization of the bribing and recipient forces, uncertainty about the outcome of the conflict, and communications technology can contribute to the efficacy of bribes. We discuss methods for enforcing bargains struck between opposing forces, a key problem in structuring bribes. We also examine the legal status of bribe agreements, under both international and US law. While the former apparently views bribery as legitimate means of warfare, the latter poses a potentially significant obstacle by refusing on public policy grounds to enforce secret contracts made with foreign agents.