EU Relations with European Micro‐States. Happily Ever After?

Abstract:  The last decade has seen the EU striving to bring uniformity into its relations with its immediate neighbours. Such endeavor has led the EU to adopt the European Neighbourhood Policy towards countries with no immediate prospects of accession and to follow more or less similar pre-accession strategies towards candidate and to-be candidate countries. However, European micro-states (Andorra, Liechtenstein, San Marino and Monaco—the Vatican not being the subject of this article) have always occupied an exceptional position in the EU's web of external relations. This article provides a brief but concise overview of the international legal framework governing the bilateral relations of the EU with these small countries. Through the examination of their peculiar historical, social, geographic and economic attributes, it is argued that the advantages that micro-states have been able to reap so far from the unique position they enjoy in the EU and the global economy may not be easily reconcilable in the future with the EU's ever-increasing appetite to unify, standardise and harmonise.     

The Transposition of EU Law: ‘Post‐Decisional Politics’ and Institutional Autonomy

The transposition of European Union (EU) law into national law is a significant part of the EU policy process. However, political scientists have not devoted to it the attention that it deserves. Here, transposition is construed as part of the wider process of policy implementation. Drawing on implementation theory from the field of public policy, the article outlines three sets of factors (institutional, political, and substantive) that affect transposition. Second, the article examines the manner in which eight member states transpose EU legislation, and identifies a European style of transposition. An institutionalist approach is employed to argue that this style is not the result of a process of convergence. Rather, it stems from the capacity of institutions to adapt to novel situations by means of their own standard operating procedures and institutional repertoires. It concludes by highlighting (a) the partial nature of efforts at EU level to improve transposition, themselves impaired by the politics of the policy process and (b) some ideas regarding future research.     

The Unintended Consequences of Penal Reform: A Case Study of Penal Transportation in Eighteenth‐Century London

What were the consequences of penal transportation to the New World for eighteenth‐century British criminal justice? Transportation has been described by scholars as either a replacement of the death penalty responsible for its decline, or a penal innovation responsible for punishing a multitude of people more severely than they would have been punished before. Using data from the Old Bailey Sessions Papers and the Parliamentary Papers, this study examines sentencing and execution trends in eighteenth‐century London. It takes advantage of the natural experiment provided by the passage of the 1718 Transportation Act that made transportation available as a penal sentence, thus enabling one to assess the “effect” of transportation on penal trends. This study finds that the primary consequence of the adoption of transportation was to make the criminal justice net more dense by subjecting people to a more intense punishment. While it was also associated with a small decline in capital sentences for some types of offenders, the adoption of transportation was also associated with an increase in the rate at which condemned inmates were executed. The study closes with a discussion of the conditions that may lead to law's unintended consequences, including the mesh‐thinning consequences observed here.     

Parents’ Perspectives on Family‐centered Care in Juvenile Justice Institutions

Family‐centered care during adolescent detention aims to increase parental participation in an attempt to optimize treatment outcomes. However, little is known about parents’ needs in family‐centered care. To fill this gap, we interviewed 19 purposefully selected parents of detained adolescents using a semi‐structured topic list. Although needs differed between parents, they were generally interested in activities that included spending time with their child. It is important for parents to receive timely information about their child's condition and treatment, detention procedures, and activities in the facility. The outcomes demonstrated that parents expected a two‐way communication based on respect and reliability.     

Age Estimation in Indians Using Demirjian’s 8‐teeth Method

Abstract: Demirjian’s grading of tooth calcification is widely used to assess age of individuals with developing dentitions. However, its application on numerous populations has resulted in wide variations in age estimates and consequent suggestions for the method’s adaptation to the local sample. Conventionally, Demirjian’s method utilized seven mandibular teeth on the left side. A recent modification incorporated the third molar with a view to apply the method on a wider age‐group. Moreover, the revised method developed regression formulas for assessing age. This paper tested the 8‐teeth method using 547 Indians (348 females, 199 males) aged 7–25 years. Demirjian’s formulas resulted in inferior age prediction in Indians (9.2% misclassification at 99% confidence interval vs. 0% misclassification in the original study); therefore, India‐specific regression formulas were developed, which gave better age estimates (mean absolute error, MAE = 0.87 years) than the original formulas (MAE = 1.29 years). This suggests that Demirjian’s 8‐teeth method also needs adaptation prior to use in diverse populations.     

The Origins of the ‘Nonmarket Economy’: Ideas,Pluralism & Power in EC Anti‐dumping Law about China

‘Market’ and ‘market economy’ exercise a powerful, even magnetic grip on our collective imagination. But what do we mean by ‘market economy’? Does it make sense to speak of a ‘nonmarket economy’, and if so, what does it mean? How are the ideas of ‘market economy’ and ‘nonmarket economy’ related? Focusing on EC anti‐dumping law, this article seeks to answer these questions. It argues that the legal concept of ‘nonmarket economy’ in EC anti‐dumping law has been socially constructed, by means of relations among a plurality of institutional and normative sites, as part of a changing configuration of legal ideas in specific historical circumstances, and in contexts of political, economic, social, and symbolic power. This argument is articulated in three parts. First, the concept of ‘nonmarket economy’ in EC anti‐dumping law, though drawing on earlier elements, had its main roots in the early Cold War. Second, starting in the 1960s, the GATT multilateral negotiating rounds began to define more specific international rules of the game, but a variety of more localised processes played essential roles as forces of change. Of special importance were, first, the tension between legislative rules and administrative discretion in the United States, and, second, the Europeanisation of foreign trade law in the course of European integration. Third, the EC law concept of ‘nonmarket economy’ was born in the late 1970s. The main reasons were changes in the international anti‐dumping law repertoire, specific ideas in Europe about comparative economic systems, and the perceived emergence of new economic threats, including exports from China.     

Fatal Wrong‐Way Collisions on New Mexico’s Interstate Highways, 1990–2004

Abstract: Medical examiner files from 1990 through 2004 were reviewed to identify fatalities caused by drivers traveling the wrong direction on interstate highways and identify risk factors and prevention strategies. Other fatal nonpedestrian interstate motor vehicle crashes served as a comparison group. Data abstracted included decedent demographics, driver/passenger status, seatbelt use, blood alcohol concentration, weather and light at time of occurrence and types of vehicles involved. Of 1171, 79 (6.7%) interstate motor vehicle fatalities were because of drivers traveling against the posted direction in 49 crashes, with one to five fatalities per crash. Wrong‐way collisions were significantly more likely to occur during darkness (p < 0.0001) and involve legally intoxicated drivers (p < 0.0001). In 29/49 (60%) wrong‐way crashes, alcohol was a factor. Prevention strategies aimed at reducing the incidence of driving while intoxicated, as well as improved lighting and signage at ramps, could help reduce the occurrence of fatal wrong‐way collisions on interstates.